Legal Questions

What is “Practice of Law”?

Can't share this digest on Facebook? Here's why.

image_printPrint this!

The term practice of law is incapable of exact definition. Whether a particular activity comes within the meaning of the term depends upon the circumstances of each case. Generally, to engage in the practice of law is to do any of those acts which are characteristic of the legal profession. It embraces 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.

It involves the carrying on of the calling of an attorney, usually for gain, acting in a representative capacity and rendering service to another. It is not limited to the conduct of cases in court. It includes legal advice and counseling, and the preparation of legal instruments and contracts by which legal rights are secured, which may or may not be pending in court. (Agpalo, Legal and Judicial Ethics, p. 33-34)

Criteria in Determining If One is Engaged in the Practice of Law

1. Habituality – Practice of Law implies customarily or habitually holding oneself out to the public as a lawyer such as when one sends a circular announcing the establishment of a law office for the general practice of law, or when one takes the oath of office as a lawyer before a notary public, and files a manifestation with the Supreme Court informing it of his intention to practice law in all courts in the country.

Practice is more than an isolated appearance, for it consists in frequent or customary action, a succession of acts o the same kind. In other words, it is a habitual exercise.

2. Compensation – Practice of law implies that one must have presented himself to be in the active practice and that his professional services are available to the public for compensation, as a source of livelihood or in consideration of his services. Hence, charging for services such as preparation of documents involving the use of legal knowledge and skill is within the term “practice of law” and one who renders an opinion as to the proper interpretation of a statute, and receives pay for it, is to that extent, practicing law. If compensation is expected, all advice to clients and all action taken for them in matters connected with the law are practicing law.

3. Application of Law, legal principle, practice, or procedure – which calls for legal knowledge, training and experiences is within the term “practice of law”.

4. Attorney-Client relationship – Engaging in the practice of law presupposes the existence of lawyer-client relationship. Hence, where a lawyer undertakes an activity which requires knowledge of law but involves no attorney-client relationship such as teaching law or writing law books or articles, he cannot be said to be engaged in the practice of law.

(Agpalo, Legal and Judicial Ethics, p. 38-39)

image_printPrint this!

Leave a Reply