What constitutes "practice of law" in the Philippines?
The celebrated case of Cayetano v. Monsod (G.R. No. 100113, September 3, 1991) provided for a liberal definition of the practice of law. A portion of the decision states:
“… 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.”
With this broad definition of "practice of law", it seems that many people (even non-lawyers) are already practicing law without them knowing it.
The Supreme Court of the Philippines has the power to regulate the practice of law. Therefore, it is very important to determine whether an activity or conduct falls within the definition of "practice of law" to decide whether it should be subjected to the rules on legal ethics and thus can be regulated by the Supreme Court.
The Supreme Court of the Philippines has the power to regulate the practice of law. Therefore, it is very important to determine whether an activity or conduct falls within the definition of "practice of law" to decide whether it should be subjected to the rules on legal ethics and thus can be regulated by the Supreme Court.
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