PRACTICE OF LAW

The term practice of law is incapable of exact meaning. Blacks Law defines "practice of law" as: the rendition of services requiring the knowledge and the application of legal principles and technique to serve the interest of another with his consent. It is not limited to appearing in court, or advising and assisting in the conduct of litigation, but embraces the preparation of pleadings, and other papers incident to actions and special proceedings, conveyancing, the preparation of legal instruments of all kinds, and the giving of all legal advice to clients. It embraces all advice to clients and all actions taken for them in matters connected with the law. An attorney engages in the practice of law by maintaining an office where he is held out to be-an attorney, using a letterhead describing himself as an attorney, counselling clients in legal matters, negotiating with opposing counsel about pending litigation, and fixing and collecting fees for services rendered by his associate. To better understand the practice of law the court has laid down its general principles and doctrines as follow:1. To engage in the practice of law is to do any of those acts which are characteristic of the legal profession.2. Any activity in or out of court which requires the application of law, legal principle, practice or procedure and calls for legal knowledge, training and experience. (Cayetano vs Monsod)3. It is not limited to the conduct of cases in court.4. Includes legal advice, counseling, and the preparation of legal instruments and contracts by which legal rights are secured, which may or may not be pending in court.5. Strictly speaking, the word practice of law implies the customary or habitual holding out of oneself to the public as a lawyer and demanding compensation for his services. (Peoplevs.Villanueva14 SCRA 111)

THE THREE PRINCIPAL TYPES OF PROFESSIONAL ACTIVITIESThe practice of law is not a vested right but a privilege, a privilege moreover clothed with public interest because a lawyer owes substantial duties not only to his client, but also to his brethren in the profession, to the courts, and to the nation, and takes part in one of the most important functions of the State the administration of justice as an officer of the court. The practice of law being clothed with public interest, the holder of this privilege must submit to a degree of control for the common good, to the extent of the interest he has created.Basically the practice of law has three principal types of professional activities. And they are as follows:1. Practice of law outside of courts and other agencies2. Practice of law before government agencies other than courts.3. Practice of court in the regular court.

PRACTICE OF LAWS OUTSIDE OF COURTS AND OTHER AGENCIESThis is involves the giving of Legal advice and instructions to the clients to inform them of their rights and obligations.Engaging in the practice of law presupposes the existence of a lawyer- client relationship.Legal advice and instructions is what lawyers provide to clients. This generally involves advising the client about the clients particular matter, or recommending or advising the client to take a certain action.Legal information can be said to be giving information that is a legal fact, such as the legal age of when a person ceases to be a minor.The practice of law is the giving of legal advice to a particular individual or entity. Offering legal advice to the general public is not considered the unauthorized practice of law. The advice has to be tailored to a specific person. Therefore, whether good or bad, you will find legal advice by non-lawyers all over Internet, on news stands and TV News, offered to the general public.

Actually defining legal advice is very difficult and there is no definition that is uniformly accepted. The Internet has made defining the term even more difficult due to the fact that everyone is assumed to know the law so stating laws and providing legal information is available throughout the Internet on legal and non-legal sites alike.

Defining what is legal advice is difficult; however, examples of legal advice which may include: explaining the legal obligations of the parties under the real estate sales contract; explaining the meaning of legal terms used in taking title to property or advising the parties to the transaction which way to take title to the property; explaining the legal obligations of the parties under the loan documents; explaining the legal effect of an item reported as an exception in a title commitment; instructing or assisting a party in the completion of a legal document if to do so requires the exercise of legal judgment; providing legal opinions in response to the following types of questions: What should I do? What are my rights or obligations?

Preparation for clients of documents requiring knowledge of legal principles not possessed by ordinary layman.When a person participates in a trialand advertises himself as a lawyer, heis in the practice of law.Giving advice for compensation regarding the legal status and rights of another constitutes practice of law.One who renders an opinion as to the proper interpretation of a statute andreceives pay for it, is to that extent,practicing law.

Engaging in the practice of law presupposes the existence of a lawyer- client relationship.Where a lawyer undertakes an activity without any such relationship, such asteaching law or writing law books orlegal articles cannot be said to be engaged in the practice of hisprofession as a lawyer.

CharacteristicsoftermPracticeofLawThe phrase practice of law impliescustomarily or habitually holding oneself out to the public, as a lawyer, for compensation as a source of livelihood or in consideration of his service.Holding oneself out may be shown by acts indicative of that purpose.Thus, a layman is illegally engaged inthe practice when he sends a circular announcing the establishment of a law office for the general practice of law, or when the takes the oath of office as a lawyer before a notary public and files a manifestation with the Supreme Court informing his intention to practice law.

Private practice consists of frequent and customary actions, more than an isolated appearance.It contemplates succession of acts of the same nature habitually and customarily holding oneself out to the public as a lawyer.Isolated Appearance:A. A judge who is prohibited from engaging in private practice of law has not violated this prohibition when he appeared as counsel for his cousin pro bono in a criminal case.B. Appearance as counsel in one occasion is not conclusive as determinative of engagement in the practice of law.C. Appearance of a city attorney as private prosecutor not within the prohibition. (People vs. Villanueva)

An isolated appearance may, however, amount to practice:1. Legislator cannot appear as counsel before any court ofjustice or Electoral Tribunals, or quasi-judicial and administrativebodies even in a single instance.2. A laymansrepresentation asdefense counsel in a criminal case is invalid and the conviction of the accused may be set aside, as violative of due process.

Representation before the courtPractice of law, as customarily understood, means:1. Renderingofservicestoaperson, natural or juridical, in court on any matter through various stages and in accordance with rules of procedure.2. Appearance before the court. 3. Preparation and filing of a pleading, motion, memorandum, or brief.4. Examination of witnesses and presentation of evidence.5. Management and control of theproceedings in court.

Representation before other agenciesAppearances before any quasi-judicial, administrative, or legislative agencyconstituting practice of law:1. Interpretation and application of laws.2. Presentation of evidence to establish certain facts.3. Representing an applicant for registration of trademark, tradename,orservice mark inthePhilippine Patent Office.4. Advocating or resisting claims before the NLRC, BoC, or BIR.5. Representing before a legislativebodyregardingaproposed legislation or ordinance.

Character of the service and not the placewhere it is performed is the decisive factor determinative of whether the service constitutes practice of law.Service to prepare and prosecute a just claim before a quasi-judicial oradministrativebodysameandlegitimate as the service rendered in court in arguing a cause.

Activity outside of courtPractice of law also consists of work performed outside of court:oGiving legal advice on large variety of subjects.oConveyancing and preparation and execution of legal instruments covering an extensive field of business and trust and other affairs.

No valid distinction can be drawn between part of the work involving appearance in court and that part involving advice and drafting of instruments in his office.Practice of law need not be habitual services in litigations in court. Apersons past work experiences aslawyer-economist, lawyer-manager, lawyer-entrepreneur of industry, lawyer-negotiator of contracts, and lawyer-legislator more than satisfy the constitutional requirement for appointment as Chairman of the COMELEC that he has been engaged in the active practice of law for at least ten years. (Cayetano v Monsod)

What constitutes practice of law? As commonly understood, "practice" refers to the actual performance or application of knowledge as distinguished from mere possession of knowledge; it connotes an active, habitual, repeated or customary action. To "practice" law, or any profession for that matter, means, to exercise or pursue an employment or profession actively, habitually, repeatedly or customarily.