Laws & Jurisprudence
PRACTICE OF LAW
12:03 AM
Practice
of law means any activity, in or out of court, which requires the application
of law, legal procedure, knowledge, training, and experience. “To engage in the
practice of law is to perform those acts which are characteristics of the
profession. 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 or skill.” (Cayetano v. Monsod, G.R. No. 100113, Sept. 3, 1991)
Strictly
speaking, the word practice of law implies the customary or habitual holding of
oneself to the public as a lawyer and demanding compensation for his services.
(People vs. Villanueva, 14 SCRA 111)
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. (In Re: Argosino, 1997)
The
practice of law is not a natural, property or constitutional right but a mere privilege.
It is not a right granted to anyone who demands it but a privilege to be
extended or withheld in the exercise of sound judicial discretion. It is in the
nature of a franchise conferred only for merit which must be earned by hard
study, learning and good conduct. It is a privilege accorded only to those who
measure up to certain rigid standards of mental and moral fitness. Those standards
are neither dispensed with nor lowered after admission. The attorney’s
continued enjoyment of the privilege conferred depends upon his complying with the
ethics and rules of the profession.
DISCLAIMER: The author is not lawyer nor an authority on this topic. It is a product of humble research and study of law. The information provided is not a legal advice and it should not be used as a substitute for a competent legal advice from a licensed lawyer.
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