Legal Ethics Definition Of 3m50h

1. The legal profession is a ‘vocation that is based on expertise in the law and in its applications.' Those who pursue these ‘vocations' collectively form a ‘body of individuals who are qualified to practice law in particular jurisdictions. The learned occupation of these individuals is to study, promote, uphold and enforce the collection of rules imposed by the authority. They thus form a ‘legal profession.' 2. Legal ethics is the minimum standards of appropriate conduct within the legal profession. It is the behavioral norms and morals which govern judges and lawyers. It involves duties that the owe one another, their clients, and the courts. Respect of client confidences, candor toward the tribunal, truthfulness in statements to others, and professional independence are some of the defining features of legal ethics. Legal ethics can also refer to the study or observance of those duties or the written regulations governing those duties. 3. In its most general sense, the practice of law involves giving legal advice to clients, drafting legal

documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of alawyer or attorney at law, barrister, solicitor, or civil law notary. However, there is a substantial amount of overlap between the practice of law and various other professions where clients are represented by agents. These professions include real estate,banking, ing, and insurance. Moreover, a growing number of legal document assistants (LDAs) are offering services which have traditionally been offered only by lawyers and their employee paralegals. Many documents may now be created by computerassisted drafting libraries, where the clients are asked a series of questions posed by the software in order to construct the legal documents. 4. The term “titulo de abogado”means not mere possession of the academicdegree of

Bachelor of Laws but hip in theBar after due ission thereto, qualifying one forthe practice of law. In this jurisdiction ission tothe Bar and to the practice of law is under theauthority of the Supreme Court. According to Rule138 such ission requires ing the Barexaminations, taking the lawyer”s oath andreceiving a certiFcate from the Clerk of Court, thiscertiFcate being his license to practice theprofession. 5. Bar in a legal context has three possible meanings: the physical division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession. 6. Bench in legal contexts means simply the location in a courtroom where a judge sits. A forum of justice comprised of the judge or judges of a court. The seat of the court occupie d by the judges. The bench is used to refer to a group of judges as a collective whole. It is a tribunal or place where justice is istered. To appear beforethe full bench means to appear before the entire group of judges of the court.

7. ission to the Bar act by which one is licensed to practice before courts of a particular state or jurisdiction after satisfying certain requirements such as bar examinations, period of residency or ission on grounds of reciprocity after period of years as member of bar of another jurisdiction

8. A lawyer is a person who practices law, as a barrister, judge, attorney, counsel (counselor at law) or solicitor.[1] Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who hire lawyers to perform legal services. This is the general term for a person trained in the law and authorized to advise or represent others in legal matters.

9. Trial Lawyer – A lawyer who personally handles cases in court, istrative agencies or boards which means engaging in actual trial work either for the prosecution or for the defense of cases of clients. 10. Practising Lawyer – One engaged in the practice of law. All trial lawyers are practicing lawyers, but not all practicing lawyers are trial lawyers. 11. Client - 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.

12. ATTORNEY-AT-LAW : that class of persons who are by license 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 13. Attorney-in-fact. an agent whose authority is strictly limited by the instrument appointing him, though he may do things not mentioned in his appointment necessary to the performance of the duties specifically required of him by the power of attorney appointing him, such authority being necessarily implied. He is not necessary a lawyer..

14. Counsel de officio - a counsel, appointed or assigned by the court, from among of the Bar in good standing who, by reason of their experience and ability, may adequately defend the accused.

Note: In localities where of the Bar are not available, the court may appoint any person, resident of the province and of good repute for probity and ability, to defend the accused. [Sec. 7 Rule 116, Rules of Court (1985)] 15. Attorney ad hoc – a person named and appointed by the court to defend an absentee

defendant in the suit in which the appointment is made 16. Attorney of Record – one who has filed a notice of appearance and who hence is formally mentioned in court records as the official attorney of the party. Person whom the client has named as his agent upon whom service of papers may be made. 17. Of Counsel – to distinguish them from attorneys of record, associate attorneys are referred to as “of counsel”. is often the title of an attorney who is employed by a law firm or an organization, but is not an associate or a partner.

18. Amicus curiae – a friend of the court, not a party to the action; is an experienced and impartial attorney invited by the court to appear and help in the disposition of the issues submitted to it. 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 19. Amicus curiae par excellence – 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.

20.

Bar Association – an association of of the legal profession.

21. Advocate – The general and popular name for a lawyer who pleads on behalf of someone else. 22. Barrister (England) – a person entitled to practice law as an advocate or counsel in superior

court.

23. Solicitor (England) – A person prosecuting or defending suits in Courts of Chancery. Solicitor (Philippines) – A government lawyer attached with the Office of the Solicitor General.

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24. Barratry – offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise; Lawyer’s act of fomenting suits among individuals and offering his legal services to one of them.

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25. Ambulance Chasing – Act of chasing victims of accidents for the purpose of talking to the said victims (or relatives) and offering his legal services for the filing of a case against the person(s) who caused the accident(s).

26. Attorney’s fees - consideration that a litigant pays or becomes liable to pay

in exchange for legal representation. A recompense for an official or professional service or a charge or emolument or compensation for a particular act or service. 1.

27.

General Retainer or Retaining Fee – it is the fee paid to a lawyer to secure his future services

as general counsel for any ordinary legal problem that may arise in the ordinary business of the client and referred to him for legal action;

1. 28. Special Retainer – that is a fee for a specific case or service rendered by the lawyer for a client

29. Contingent contracts usually occur when both negotiating parties fail to reach an agreement. The contract is characterized as “contingent” because the are not final and are based on

certain events or conditions occurring. (Malhotra, Bazerman 2008, p. 70). Contingent contracts can be likened unto if-then agreements that state which actions under certain conditions will result in specific outcomes (Templar 2012, p. 122). 

30. Champertous Contracts (void) – Lawyer stipulates with his client that in the prosecution of the case, he will bear all the expenses for the recovery of things or property being claimed by the client and the latter agrees to pay the former a portion of the thing/property recovered as compensation.

31. A retaining lien is more general in its scope. It extends to all of a client's property that an attorney might c ome into possession of during thecourse of a lawsuit. Until an attorney is compensated for services, he or she has a claim or interest in such property. 32. A charging lien is an attorney's right to a portion of the judgment that was won for the client through profe ssional services. It is a specific lienand only covers a lawyer's claim on money obtained in a particular acti on.

33.

General Appearance

The act by which a defendant completely consents to the jurisdiction of the court by appearing before it eit her in person or through anauthorized representative thereby waiving any jurisdictional defects that might be raised except for that of the competency of the court.

34. Special

Appearance

The act of presenting oneself in a court and thereby submitting to the court's jurisdiction, but only for a sp ecific purpose and not for all thepurposes for which a lawsuit is brought.

35. SUSPENSION. A temporary stop of a right, of a law, and the like. 36.

disbarment

n. the ultimate discipline of an attorney, which is taking away his/her license to practice law often for life. Disbarment only comes afterinvestigation and opportunities for the attorney to explain his/her improper co nduct. Sometimes an attorney may be reinstated upon ashowing of rehabilitation and/or cure.

37. Reinstatement - To restore to a condition that has terminated or been lost; to reestablish. Reinstatement, in employment law, refers to placing a worker back in a job he has lost without loss of

seniority or other job benefits. Reinstatement is used in other contexts, but refers generally to the restoration of a position, ruling, or privilege previously removed. 38. Pro Se Practice 39. Scrivening –

40. moral turpitude -

Moral Turpitude

A phrase used in Criminal Law to describe conduct that is considered contrary to community standards of justice, honesty, or good morals. Crimes involving moral turpitude have an inherent quality of baseness, vileness, or depravity with respect to a person's duty to another or tosociety in general. Examples include rape, forgery, Robbery, and solicit ation by prostitutes.

Lawyer's Oath I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will the 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 wittingly or willingly 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 courts as to my clients; and I impose upon myself these voluntary obligations without any mental reservation or purpose of evasion. So help me God.