FOR PRIVATE AND PERSONAL USE ONLY ___ 1 EXPERT IN LEGAL ETHICS LEGAL ETHICS LEGAL ETHICS – is a branch of moral science that deals with the duties of a lawyer towards the court, the client, his professional colleagues and the public, as enshrined in the Constitution, the Rules of the Courts and the Code of Ethics, the canons of professional ethics, jurisprudence, moral laws and special laws. State the importance of legal ethics. Legal practice, covering a wide range of activities characteristic of the legal profession, including the pursuit and defence of the client`s rights and interests before the courts, will be cross-border, lawless, inflammatory, unlawful, provocative and disobedient to the courts if there are no rules to limit the parameters and tame the practice of the profession. Legal ethics protect against abuse and abuse of the profession such as dishonesty, fraud, immorality, negligence, laziness, lack of diligence and the many forms of misconduct of members of the Bar. On the positive side, it will raise the standard of the legal profession, promote and improve compliance with the law, ensure the effective and efficient administration of justice, and contribute to the maintenance of law and order in coordination with other ministries. It also forms the basis for the segregation of incapacitated persons outside the legal profession for the protection of the public. (Pineda, Legal and Judicial Ethics, ed. 1994, pp. 1-2). Original foundations of legal ethics: 1. 2.
3. 4. 5. Canon of Professional Ethics Supreme Court Decisions: Statistics on Constitutional Treaties and Publications Current foundation of the Philippine legal system: Code of Professional Responsibility. FOR PRIVATE AND PERSONAL USE ONLY ___ 2 DEFINITION OF TERMS BAR VS BENCH Refers to all lawyers and refers to all judges, advisers, as well as members of the legal profession Practice of law any judicial or extrajudicial activity requiring the application of the law, judicial procedures, knowledge, training and experience. The exercise of a legal activity means reporting or providing any type of service that requires the use of any degree of legal knowledge or skills (Cayetano v. Monsod, 201 SCRA 210). Lawyer/Legal Adviser/Lawyer/Lawyer Abogado/Boceros: – the group of persons who are licensed judicial officials authorized to act, prosecute and defend; and in respect of which special duties, responsibilities and obligations are established accordingly (Cui v. Cui, 120, at para. 729). However, a mandatary whose powers are strictly limited by the instrument appointing him may perform acts which are not mentioned in his appointment but which are necessary for the performance of the functions expressly incumbent on him by the power of attorney granted to him, such power of attorney being necessarily implied.
He is not necessarily a lawyer. Oficio`s lawyer is a court-appointed lawyer from among the distinguished members of the Bar Association who, because of their experience and abilities, are able to properly defend the accused. Note: In locations where members of the Bar Association are not available, the court may appoint any person who resides in the province and has a reputation for integrity and competence to defend the accused. Division 7, Rule 116, Rules of Procedure. Ad hoc counsel means a person appointed and appointed by the court to defend an absent defendant in the litigation in which the appointment is made (Welcome v. Factor`s of Traders Insurance Cp., 33 La.Ann.209) Attorney of Record – someone who has filed a notice of appearance and is therefore officially mentioned in court records as the party`s official counsel. Person identified by the client as FOR PRIVATE AND PERSONAL USE ONLY ___ (Reynolds v. Reynolds, Cal.2d580). Of Counsel – To distinguish them from registered lawyers, associate lawyers are called “of counsel” (5 Am. Jur. 261).
Senior Counsel – The lawyer on his or her behalf in a contentious act who is responsible for the principal administration and management of a party`s case. House Counsel – A lawyer who acts as an attorney for corporations, although he is listed as an employee of that company and not as an independent lawyer.
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