Legal Prof Paper
Legal Prof Paper
Legal Prof Paper
of San
Carlos
School of
Law and
Governance
College of Law
Submitted to:
Submitted by:
Alvarez, Gaena Marie
Baccay, Jerico
Cole, Danica Rose
Compra, Erlene
Jacobe, Lester
Montilla, Mykah
Palma, Jasmine Clarissa
Tan, Chunche
2. Fields of Law and the corresponding aptitudes, competencies, skills or qualities a
lawyer should possess to succeed in each.
FIELDS OF LAW
Criminal Law
Practice in the
Academe
Labor Law
5. Technological affinity.
1. High-level of counseling, drafting and negotiation
skills. As lawyers will represent employers in matters
such as unfair labor practices, arbitrations,
and strike litigation.
2. Time management.
3. Communication skills. As lawyer will represent
employees on issues such as discrimination in
hiring, wrongful discharge, breach of
employment contract, etc.
4. Sensitivity to professional and ethical
concerns. As lawyers will handle cases such
as workplace libel and slander, employee
right to privacy etc.
Legal
Consultancy
Taxation
And
Corporate Law
Family Law
7.
1.
2.
3.
4.
3. Determine whether the following public officials can practice law concurrent
with their public posts. Supply the legal basis (legal provision) for each of your
answer.
a.
b.
c.
d.
e.
f.
g.
h.
Sanggunian Members
YES. Sec 90 (b) of LGC allows Sanggunian members to practice
their profession provided that as members of the bars they will not
appear as counsel in a civil case against the government (90b1),
appear as counsel for a government employee in a criminal case
(90b2), collect appearance fee in administrative proceedings of his
local government (90b3).
i.
j.
Government prosecutors
NO. They are among certain attorneys not allowed to practice under
Section 35 of Rule 138 of the Rules of Courts.
4. Instances wherein non-lawyers are allowed to appear before the court or other
tribunals:
Section 34 of Rule 138 of the Rules of Court:
In the court of a justice of the peace a party may conduct his litigation in
person, with the aid of an agent or friend appointed by him for that
purpose, or with the aid of an attorney. In any other court, a party may
conduct his litigation personally or by aid of an attorney, and his
appearance must be either personal or by a duly authorized member of the
bar.
Section 1 of Rule 138-A of the Rules of Court provides that a law student
who has successfully completed his 3rd year of the regular four-year
prescribed law curriculum and is enrolled in a recognized law school's
clinical legal education program approved by the Supreme Court, may
appear without compensation in any civil, criminal or administrative case
before any trial court, tribunal, board or officer, to represent indigent
clients accepted by the legal clinic of the law school.
Section 2 of the said Rule provides that the appearance of the law student
authorized by this rule, shall be under the direct supervision and control of
a member of the Integrated Bar of the Philippines duly accredited by the
law school. Any and all pleadings, motions, briefs, memoranda or other
papers to be filed, must be signed by the supervising attorney for and in
behalf of the legal clinic.
Bar Matter 730 Circular No. 19: A law student may appear before an
inferior court, where the issues and procedure are relatively simple. In
inferior courts, a law student may appear in his personal capacity without
the supervision of a lawyer.
II. The Firm, a 1993 film adapted from a John Grisham novel of the same
title.
1. Identify 10 unethical, immoral or improper conduct of lawyers in the film.
1) Routinely altered financial documents.
2) Accepted money illegally earned --- much of the profit the firm
received is from money laundering, drug smuggling, and its ties to
the Chicago Mob.
3) Overcharge (overbilling) their clients for legal work.
4) Involved in mail fraud.
5) Worked with the Mob to cover up murders of any attorney who tried
to leave the firm or report the Bendini, Lambert, & Locke to the FBI
6) Sexual Infidelity
7) Hiding evidences (documents that relates to the murder of the
lawyers murdered by the firm).
8) Counsel or assist the client in conduct that the lawyer knows to be
illegal or fraudulent.
9) Engaged in the conduct involving dishonesty, fraud, deceit or
misrepresentation (Only 30% of the firms clients are real people,
some of the companies the firm invests in do not actually exist).
10) The home of the firms associates were wire-tapped and bugged to
monitor the actions of its employees.
2. Choose 5 of the acts in the preceding instruction. How should the lawyer
have done things differently? Explain.
1) Routinely altered financial documents.
The lawyer should not have altered any of the financial documents
because this is an act of dishonesty and greatly affects his credibility.
2) Overcharge (overbilling) their clients for legal work.
The lawyer should not have overcharged their clients because there is
an appropriate and corresponding fee for legal work.
3) Sexual Infidelity
A lawyer must always uphold the dignity of his profession so he
should not have engaged in such activities that would damage his
credibility.
4) Engaged in the conduct involving dishonesty, fraud, deceit or
misrepresentation.
The lawyer should have kept it in his mind that in the performance of
his duties, acts of dishonesty, fraud, deceit or misrepresentation are
negations to ones credibility
5) Counsel or assist the client in conduct that the lawyer knows to be
illegal or fraudulent.
As a lawyer, he should have guided his client in doing what is legal.
3. Is the film a realistic portrayal of the legal profession? Why or why not?
The film was based on a 1991 novel "The Firm written by John
Grisham. It could be realistic portrayal of the legal profession or it
could not be a realistic portrayal of the legal profession, both of them
have different reasons. It is realistic because sometimes it happens in
the real world. In fact there are many cases involving moral turpitude,
justice, power, seduced by money and things, or other instances
contrary to law which are present in the movie. Also men are
susceptible to crimes related to legal profession, especially those
country belonging to a "Third World, where money can almost buy
everything and people are very smart and can construct ideas whether
it is for good or bad. It may be happening now in the current
situation which is related to the movie. It can be unrealistic also
because the movie was too extreme that the circumstances and the
situations can be seen as impossible.