1 - History of Legal Profession

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HISTORY OF LEGAL PROFESSION IN THE PHILIPPINESBy: VIRNEE JOY AGOT AND LOUELA L. ALLANIC LLB STUDENTS

HOW WAS LEGAL PROFESSION REGARDED IN THE PAST?

Plato Napoleon Peter the Great Henry VI

LEGAL PROFESSION ISSUES

A business not a profession Great quantity but poor quality of lawyers in the country Professional responsibility

PRESTIGIOUS PROFESSION

Broadest educational background for leadership in the community Natural leader of the community Generally, only 20%-30% of the examinees pass

THE CASE OF CAYETANO VS. MONSOD

Facts: Christian Monsod was nominated by President Aquino as COMELEC Commissioner, but the nomination was contested for the reason that Monsod had not been practicing law for at least ten years. Although Monsod had been working using his legal expertise, he did not work in litigation. Issue: Was Monsods engagement in the practice of law for ten years sufficient to qualify him to become COMELEC Commissioner?

THE CASE OF CAYETANO VS. MONSOD

Ruling: The Supreme Court said that practice of law means any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. Although Monsod was not a litigation lawyer, his past work experiences as a lawyer-economist, a lawyermanager, a lawyer-entrepreneur of industry, a lawyernegotiator of contracts, and a lawyer-legislator of both the rich and the poor verily more than satisfy the constitutional requirement that he has been engaged in the practice of law for at least ten years.

THE CASE OF CAYETANO VS. MONSOD

Decision: The Commission on the basis of evidence submitted doling the public hearings on Monsod's confirmation, implicitly determined that he possessed the necessary qualifications as required by law. The judgment rendered by the Commission in the exercise of such an acknowledged power is beyond judicial interference except only upon a clear showing of a grave abuse of discretion amounting to lack or excess of jurisdiction. In view of the foregoing, this petition is hereby DISMISSED.

Is the legal profession the most prestigious profession? Why?

LEGAL PROFESSION IN ENGLAND AND WALES

The legal profession in England and Wales is composed of two divisions, solicitors and barristers Judges exercise supervision over attorneys and solicitors Solicitors profession is subject to close control from judiciary and parliament

LEGAL PROFESSION IN ENGLAND AND WALES Inns of Court possess the characteristics of guilds of advocates and are delegated with control of the education, administration, and discipline of advocates A call to the bar of an Inn gave a barrister a right of audience before the judges Barristers have a monopoly of the right of audience in the superior courts. Higher judicial offices and the law offices of the are filled from their rank

LEGAL PROFESSION IN ENGLAND AND WALES Difference between two branches (bar and solicitor) The bar has no right of direct access to clients; the clients can only approach, consult, or instruct a barrister through a solicitor Solicitors do nine-tenths of the work, they practice in partnership with clients

LEGAL PROFESSION IN ENGLAND AND WALES The Bar 1. Queens Counsel Silks or Leaders 1. Barristers Juniors. Q.Cs (appointed upon recommendation of the Lord Chancellor)

LEGAL PROFESSION IN ENGLAND AND WALES

LEGAL EDUCATION IN THE PHILIPPINES

Roman Civil Law and Canon Law of the Catholic Church English Common Law Islamic Law

LEGAL EDUCATION IN THE PHILIPPINES

1734 First Law courses was offered in the country (Pontifical University of Sto. Tomas) Spanish language was used 1910-law courses was conducted in English at YMCA (forerunner of the College of Law at University of the Philippines)

LEGAL EDUCATION IN THE PHILIPPINES Admission to College of Law Legal Education refers to formal training which goes into making of a lawyer Completion of baccalaureate program (four year course) in arts and sciences is a requirement before admission to College of Law which leads to Bachelor of Laws degree

LEGAL EDUCATION IN THE PHILIPPINES

BAR EXAMINATION Bar examination is governed by the Rules of Court The training that law schools give to the students is basically preparatory to bar examination

TEACHING METHOD

Clinical Method Case Method Modified Socratic Method English as medium of instruction Class attendance is compulsory Law Review Moot court competitions

EDUCATION IN LAW

Are developments which relate to education in the law Regular in-service training programs Popularizing the law Barangay Legal Education Workshops

THE LAW TEACHER

Teaching arm of legal profession Responsible for training future lawyers Research for deeper understanding of the law Critical study on the emerging trends and areas for reform Law teachers bear the heavy responsibility of setting the example of moral rectitude