duties & privileges

8/6/2019 Duties & Privileges

1/18

Legal ProfessionLegal ProfessionLegal ProfessionLegal ProfessionDuties& Privileges of a LawyerDuties& Privileges of a LawyerDuties& Privileges of a LawyerDuties& Privileges of a Lawyer


2/18

In a democratic society, where the right of

persons are determined in accordance with

laws and established principles, there is a

necessity for individuals to be acquaintedwith these laws in order that there will be an

orderly administration of justice. (Legal

Profession)

- Mel B. Libre

In a democratic society, where the right of

persons are determined in accordance with

laws and established principles, there is a

necessity for individuals to be acquaintedwith these laws in order that there will be an

orderly administration of justice. (Legal

Profession)

- Mel B. Libre


3/18

Vests upon the lawyer the right & privilege

to practice law

Membership in the Bar is a privilege grantedby the State only to those deserving

individuals

The right to practice law is neither a naturalnor a constitutional right: Lawyers must

meet the special qualifications or it can be

revoked

Vests upon the lawyer the right & privilege

to practice law

Membership in the Bar is a privilege grantedby the State only to those deserving

individuals

The right to practice law is neither a naturalnor a constitutional right: Lawyers must

meet the special qualifications or it can be

revoked

Legal Profession PrivilegesLegal Profession PrivilegesLegal Profession PrivilegesLegal Profession Privileges


4/18

Many aspire to become lawyers, yet, only a

few make it all the way to become lawyers.

-Mel b. Libre

Many aspire to become lawyers, yet, only a

few make it all the way to become lawyers.

-Mel b. Libre


5/18

Four (4) Fold Duties ofFour (4) Fold Duties of

LawyersLawyers

Four (4) Fold Duties ofFour (4) Fold Duties of

LawyersLawyers

1) Duty towards the Courts

2) Duty towards Society

3) Duty towards his Colleagues in the

Profession

4) Duty towards the Clients

1) Duty towards the Courts

2) Duty towards Society

3) Duty towards his Colleagues in the

Profession

4) Duty towards the Clients


6/18

DutyDutytowardstowards

the Courtsthe Courts

DutyDutytowardstowards

the Courtsthe CourtsAn officer of the Court

that assume one of the

most important fu

nctio

nsof the state i n the

maintenance of law and

order.

An officer of the Court

that assume one of the

most important fu

nctio

nsof the state i n the

maintenance of law and

order.


7/18

Duty towards the CourtsDuty towards the CourtsDuty towards the CourtsDuty towards the Courts

Accountable to the Court for the manner by which he

discharges his duties. Thus subject to disciplinary control

Observe & maintain the respect due to the Bench as wellas to the Bar

Assist in the speedy & efficient administration of justice

Act with decency & politeness

Guardians of the due process of law and defend others

when they are subject to disrespectful, unfounded &

baseless personal attack

Punctual in attendance & be concise & direct in the trial

Accountable to the Court for the manner by which he

discharges his duties. Thus subject to disciplinary control

Observe & maintain the respect due to the Bench as wellas to the Bar

Assist in the speedy & efficient administration of justice

Act with decency & politeness

Guardians of the due process of law and defend others

when they are subject to disrespectful, unfounded &

baseless personal attack

Punctual in attendance & be concise & direct in the trial


8/18


9/18

Duty towards SocietyDuty towards SocietyDuty towards SocietyDuty towards Society

Maintain allegiance to RP &

the constitution

NOT engage in unlawful,dishonest, or deceitful

conduct

NOT reject the defenseless

or the oppressed withoutvalid reason

Must be updated in legal

developments

Maintain allegiance to RP &

the constitution

NOT engage in unlawful,dishonest, or deceitful

conduct

NOT reject the defenseless

or the oppressed withoutvalid reason

Must be updated in legal

developments


10/18


11/18

Duty towards hisDuty towards his

ColleaguesColleagues

Duty towards hisDuty towards his

ColleaguesColleagues


12/18

Advance the honor of the profession byupholding integrity & dignity of the legal

profession through principles of moral laws

Involved & actively support the activities ofthe IBP

Prevent the unauthorized practice of law

Lawyers must conduct themselves

honorably, candidly & fairly

Advance the honor of the profession byupholding integrity & dignity of the legal

profession through principles of moral laws

Involved & actively support the activities ofthe IBP

Prevent the unauthorized practice of law

Lawyers must conduct themselves

honorably, candidly & fairly


13/18


14/18

Duty towards ClientsDuty towards ClientsDuty towards ClientsDuty towards Clients

Primary Task: Represent a party litigant in court

Lawyer owes fidelity to the clients cause & must

always be mindful of the trust & confidence reposed inhim

To employ honorable means to secure for the client

what is justly due to the latter & present every defense

possible provided by law to enable the latters cause tosucceed.

Primary Task: Represent a party litigant in court

Lawyer owes fidelity to the clients cause & must

always be mindful of the trust & confidence reposed inhim

To employ honorable means to secure for the client

what is justly due to the latter & present every defense

possible provided by law to enable the latters cause tosucceed.


15/18

In the Matter ofIn the Matter of

Disbarment ofDisbarment of

Telesforo A. DiaoTelesforo A. Diao

In the Matter ofIn the Matter of

Disbarment ofDisbarment of

Telesforo A. DiaoTelesforo A. Diao


16/18

Facts: After successfully passing the

corresponding examinations held in 1953,

Telesforo A. Diao was admitted to the Bar.

However after 2 years he was charged with

falsely representing his application by stating

he was qualified when in fact he (1) did not

finish High School & (2) never attended lawschool.

Facts: After successfully passing the

corresponding examinations held in 1953,

Telesforo A. Diao was admitted to the Bar.

However after 2 years he was charged with

falsely representing his application by stating

he was qualified when in fact he (1) did not

finish High School & (2) never attended lawschool.


17/18

Issue: Whether Telesforo A. Diao should beadmitted to the Bar?Issue: Whether Telesforo A. Diao should beadmitted to the Bar?


18/18

Held: No, because he was not qualified totake the Bar exams in the first place, but was

allowed due to his false representation.

The fact that he hurdled the Bar examinations is immaterial. Passing such

examinations is not the only qualification to

become an attorney-at-law; taking the

prescribed courses of legal study in the

regular manner is equally essential.

Held: No, because he was not qualified totake the Bar exams in the first place, but was

allowed due to his false representation.

The fact that he hurdled the Bar examinations is immaterial. Passing such

examinations is not the only qualification to

become an attorney-at-law; taking the

prescribed courses of legal study in the

regular manner is equally essential.

duties & privileges

Documents