THE LEGAL PROFESSION
The practice of law is any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. Generally, 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. It includes legal advice and counsel, and preparation of legal instruments and
contracts by which legal rights are secured, although such matter may or may not be pending in a court. Section 5(5), Article VIII of the Constitution provides in part that the Supreme Court shall have the power, among others, to promulgate rules concerning practice and procedure in all courts, the admission to the practice of law, and the Integrated Bar of the Philippines. The power to promulgate rules concerning pleading, practice and procedure in all courts is a traditional power of the Supreme Court emanating from our Constitution. To practice the legal profession entails some requirements and such is controlled and regulated by the Supreme Court. The practice of law is a privilege granted only to those who possess the STRICT INTELLECTUAL AND MORAL QUALIFICATIONS required of lawyers who are instruments in the effective and efficient administration of justice. Section 1 Rule 138 of the Rules of Court provides that "Any person heretofore duly admitted as a member of the bar, or hereafter admitted as such in accordance with the provisions of this rule, and who is in good and regular standing, is entitled to practice law.”
To keep it short, the Supreme Court through the Rules of Court provided some basic guidelines one needs to comply to become a member of the bar and thus allowed to practice law. First and foremost one should be able to finish a law degree from a reputable and recognized law school in the country. He must also passed the Bar examination which is being regulated and supervised by the Supreme Court in accordance with our Constitution. Passing the bar examination is not yet the last step before one can practice the legal profession, it is also required that the successful bar candidate must take its oath of office before the Supreme Court in accordance with Section of Rule 138 of the Rules of Court. The oath shall state:
“I, __________________, do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support its constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not willingly nor wittingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion, with all good fidelity as well to the court as to my clients; and I impose upon myself this voluntary obligations without any mental reservation or purpose of evasion. So help me God.”
And lastly he must be able to sign his name in the Roll of Attorneys, a book containing the list of attorneys admitted to practice law which is kept by the Bar Confidant of the Supreme Court. This is done after one takes his oath and upon receipt of his certificate that he is a member of the Philippine Bar. Once admitted, one is already permitted to practice the legal profession. It is only given to those who possess the rightful qualification and passes the required tests. Once qualified, it cannot be considered as a property that cannot be taken away. Since it is a privilege, it is only given to those who qualify for such subject to certain regulations and restrictions. One must have to practice the profession with utmost integrity and responsibility. The lawyer should at all times be in accord with the Code of Professional Responsibility. Any deviation from such may mean suspension or even revocation of the privilege to practice the legal profession. At this point, it is worthy to note the duties of an attorney as provided by Section 20 Rule 138 of the Rules of Court.
“ It is the duty of an attorney:
(a) To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines. (b) To observe and maintain the respect due to the courts of justice and judicial officers;
(c) To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law. (d) To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law;
(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his client's business except from him or with his knowledge and approval;
(f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged;
(g) Not to encourage either the commencement or the continuance of an action or proceeding, or delay any man's cause, from any corrupt motive or interest;
(h) Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed;
(i) In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law.”
The lawyer is regarded as an officer of the court and thus has a duty to fulfill to the courts, to the society where he belongs to, to the profession where he is a part of and to his client whom he served. These are encapsulated in the lawyer’s Code of Professional Responsibility. The lawyer, as he practices his profession, must see to it that he balances his duty among these entities he serves. Beyond this, the lawyer’s duty is to promote truth and justice. Competence in law is not enough. Most often the lawyer battles ethical standards. Former Supreme Court Chief Justice Artemio Panganiban once stated “So much of a lawyer’s professional life depends on ethical values and moral behavior, not just within the inner circles of professional associations, but also outside and beyond them.” Legal practitioners with a strong and firm sense of right and wrong behave in accordance with what is true and honest, regardless of personal consequences. Those with personal integrity possess the moral courage to denounce wrong and to promote truth.
