Preliminaries Flashcards Preview

Legal Ethics > Preliminaries > Flashcards

Flashcards in Preliminaries Deck (26)
Loading flashcards...
1

Definition

o Body of all principles of morality
and refinement that should
govern the conduct of every
member of the bar.
o ―Living spirit of the profession.
o Branch of moral science which
treats of duties which an attorney
owes to the court, to his client, to
his colleagues, and to the public.

2

Character of 'Law'

The law is not a trade nor a craft but a
profession.

3

Basic Ideal of the Legal Profession

Its basic ideal is to render public service
and secure justice to those who seek its
aid.

4

Challenge

Obligation not an easy task due to
commercialism in all fields of human
endeavor.

5

Must have to fulfill the Obligation

1. Professional standards be
constantly inculcated among
lawyers.
2. ―Manual of equipment‖ – rules
and ethics of the profession
collated, readily available to
every attorney.

6

Sources of Legal Ethics

a. Constitutional provisions
(Art. VIII, Sec. 5.5; Sec. 1, Art. XI)
b. Code of Professional Responsibility
c. Code of Conduct and Ethical Standards for Government Officials and Employees (RA 6713)
d. Canons of Judicial Conduct, 2004 New Code of Judicial Conduct
e. Canons of Professional Ethics
f. Canons of Judicial Ethics
g. Revised Rules of Court, Rules 137 to 140
h. Supreme Court Decisions

7

Distinct Characteristics from Business

1. A duty of public service.
2. A relation, as an ―officer of the court‖, to the administration of justice involving thorough sincerity, integrity and reliability.
3. A relation to clients with the highest degree of fiduciary
4. A relation to the colleagues at the bar characterized by candor, fairness and unwillingness to resort to current business methods of advertising and encroachment on
their practice, or dealing directly with their clients.

8

Terms used to describe a member of the legal profession

o Lawyer, Attorney, or Attorney-At Law.
o Advocate, Barrister, Counsel or
Counselor.
o Proctor, Solicitor.
o Spanish: Abogado.
o Filipino: Manananggol.

9

o An attorney retained by a party litigant, usually for a fee, to prosecute or defend his cause in court.
o Implies freedom of choice either on the attorney or the litigant.

Counsel de parte

10

o Attorney appointed by the court.
o To defend an indigent defendant
in a criminal action.
o To represent a destitute party.

Counsel de oficio

11

o Attorney whose name, together with his address, is entered in the record of the case as the designated counsel of the party litigant.
o To whom judicial notices are sent.

Attorney of record

12

An experienced lawyer, who is usually a retired member of judiciary employed by law firms as consultant

Lawyer “of counsel”

13

o An experienced and impartial
attorney invited by the court to
appear and help in the disposition
of issues submitted to it.
o It implies friendly intervention of
counsel to call the attention of
the court to some matters of law
or facts which might otherwise
escape its notice and in regard to
which it might go wrong.
o Appears in court not to represent
any particular party but only to
assist the court.

Amicus Curiae

14

Bar associations who appear in court as amici curiae or friends of the court. Acts merely as a consultant to guide the court in a doubtful question or issue pending before it.

Amicus Curiae par excellence

15

The term used for the Legal Profession

Bar

16

The term used for the Judiciary

Bench

17

One who engages the services of a lawyer for legal advice or for purposes of prosecuting or defending a
suit in his behalf and usually for a fee.

Client

18

This is the general term for a person trained in the law and authorized to advice and represent others in legal matters

Lawyer

19

That class of persons who are licensed officers of the courts empowered to appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence.

Attorneys-At-Law

20

An agent whose authority is strictly limited by the
instrument appointing him. His authority is provided in a special power of attorney or general power of attorney or letter of attorney. He is not necessarily a lawyer.

Attorney in fact

21

An association of members of the legal profession like the IBP where membership is integrated or compulsory.

BAR ASSOCIATION

22

One who acts as attorney for business though carried as an employee of that business and not as an independent lawyer.

House Counsel

23

The counsel on either side of a litigated action who is charged with the principal management and direction of a party’s case, as distinguished from his juniors or
subordinates.

Lead Counsel

24

One engaged in the practice of law who by license are officers of the court and who are empowered to appear, prosecute and defend a client’s cause.

Practicing Lawyer

25

An appearance by a lawyer in his own behalf.

Pro Se

26

One who personally handles cases in court, administrative agencies of boards which mean
engaging in actual trial work, either for the prosecution or for the defense of cases of clients.

Trial Lawyer