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WHAT IS PRACTICE OF LAW

Any activity in and out of court, that requires the application of law, legal procedure,
knowledge, training and experience. Moreover, we ruled that to engage in the
practice of law is to perform those acts which are characteristics of the
profession ; to practice law is to give notice or render any kind of service
which device or service requires the use in any degree of legal knowledge
or skill. Query of Atty. Silverio-Buffe, A.M No. 08-6-352- RTC (2009)
The practice of law is not limited to the conduct of cases or litigation in
court; it embraces the preparation of pleadings and other papers incident to
actions and special proceedings, the management of such actions and
proceedings on behalf of clients before judges and courts and in addition,
conveyancing.
In general, all advice to clients, and all action taken for them in matters connected
with the law xxx Aguirre v. Rana B. M No. 1036

SECTION 1, RULE 138 OF THE RULES OF COURT

SIGNING OF THE LAWYERS OATH IS NOT EQUIVALENT TO TAKING THE OATH


Respondent Abad should know that the circumstances which he narrated do not
constitute his admission to the Bar and the right to the practice of law thereafter. He
should know that 2 essential requisites for becoming a lawyer still had to be
performed, namely: his lawyers oath to be administered by this Court and his
signature in the roll of attorneys
WHETHER OR NOT A LAWYER IS ENTITLED TO EXEMPTION FROM PAYMENT OF HIS
IBP DUES DURING THE TIME THAT HE WAS INACTIVE IN THE PRACTICE OF LAW
Thus, payment if dues is necessary consequence of membership in the IBP, of which
no one is exempt. This means that the compulsory nature of payment of dues
subsists for as long as ones membership in the IBP remains regardless of the lack
of practice of, or the type of practice, the member is engaged in.
There is nothing in the law or rules which allows the exemption from payment of
membership dues. At most, as correctly observed by the IBP, he could have
informed the Secretary of the Integrated Bar on his intention to stay abroad before
he left. In such case, his membership in the IBP could have been discontinued.

THERE IS NO PROVISION UNDER THE CPR WHICH PROHIBITS THE UNAUTHORIZED


PRACTICE OF LAW
CANON 9, while a reading of canon9 appears to merely prohibit lawyers from
assisting in the unauthorized practice of law, the unauthorized practice of law by
the lawyer himself is subsumed under this provision., because at the heart of Canon
9 is the lawyers duty to prevent the unauthorized practice of law
GROSSLY IMMORAL ACT
One that is so corrupt and false as to constitute a criminal act or so unprincipled or
disgraceful as to be reprehensible to a high degree. It is a willful, flagrant or

shameless act which shows a moral indifference to the opinion of respectable


members of the community
GOOD MORAL CHARACTER VS. REHABILITATION
When an applicant for admission to the bar has committed first degree murder, a
crime that demonstrates an extreme lack of good moral character, he must make
an extraordinary showing of present good moral character to establish that he or
she is qualified to be admitted to the practice of law.
To show rehabilitation, he must show that he has accepted responsibility for his
criminal conduct.
Rehabilitation is a necessary, but not sufficient, ingredient of good moral character
of bar applicant who had been convicted of a serious felony; applicant must
establish his current good moral character, independent of and addition to the
evidence of rehabilitation.
WHAT IS AN UPRIGHT CHARACTER
Something more than an absence or bad character. It means that he must have
conducted himself as a man of upright character ordinarily would, should, or does.
Such character expresses itself not in negatives nor in the following the line of least
resistance, but quite often in the will to do the unpleasant thing it is right, and the
resolve not to do the pleasant thing if it is wrong.
EFFECT OF PRIOR CRIMINAL CONVICTION
Although prior conviction is not conclusive of a lack of present good moral
character- it adds to his burden of establishing present good character by requiring
convincing proof of his full and complete rehabilitation.

CAN A LAWYER-DETAINEE PRACTICE LAW?


As a matter of law, when a person indicted for an offense is arrested, he is deemed
placed under the custody of the law. He is placed in actual restraint of liberty in jail
so that he may be bound to answer for the commission of the offense. He must be
detained in jail during the pendency of the case against him, unless he is authorized
by the court to be released on bail or on recognizance. Let it be stressed that all
prisoners whether under preventive detention or serving final sentence cannot
practice their profession nor engage in any business or occupation, or hold office,
elective or appointive, while in detention. This is necessary consequence of arrest
and detention.
MISREPRESENTING TO THE PUBLIC AND THE COURTS THAT HE HAD PAID HIS IBP
DUES
In several cases, we have ruled that the unauthorized practice of law by assuming
to be an attorney and acting as such without authority constitutes indirect contempt
which is punishable by fine or imprisonment or both. The liability for the
unauthorized practice of law under Section 3e Rule 71 of the RoC is in the nature of
criminal contempt and the acts are punished because they are an affront to the
dignity and authority of he court, and obstruct the orderly administration of justice.
In determining liability for criminal contempt, well-settled is the rule that intent is a
necessary element and no one can be punished unless the evidence makes it clear
that he intended to commit it.

EFFECT OF REACQUISITION OF FILIPINO CITIZENSHIP


A Filipino lawyer who becomes a citizen of another country and later re-acquires his
Philippine Cititzenship under RA 9225, remains to be a member of the PH bar.
Petition to reacquire the privilege to practice law in the Philippines Muneses B.M
2112
REQUIREMENTS BEFORE ONE CAN RESUME PRACTICE OF LAW AFTER REACQUIRING
FILIPINO CITIZENSHIP
1. Updating and payment in full of the annual membership duties in the IBP
2. Payment of professional tax
3. The completion of at least 36 credit hours of MCLE, this is specially significant
to refresh the applicant/petitioners knowledge of the Philippine laws and
update him of legal developments and
4. The retaking of the lawyers oath which will not only remind him of his duties
and responsibilities as a lawyer and as an officer of the Court, but also
resume his pledge to maintain allegiance to the RPH
PHASES OF ADMISSION TO THE BAR
Moreover, admission to the bar involves various phases such as furnishing
satisfactory proof of educational, moral and other qualifications; passing the bar
examinations; taking the lawyers oath and signing the roll of attorneys and
receiving from the clerk of court of this Court a certificate of the license of the
practice.

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