The SC fined a bar passer who had been in practice for more than 30 years but had failed to sign the Roll of Attorneys.
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| Photo courtesy: SCPh_PIO, for illustration only |
When "lawyers” become illegal
✍️ Saul Hofileña Jr. - The Manila Times
After more than 30 years, Medado filed a petition with the Supreme Court to be allowed to sign the Roll of Attorneys. Although the Office of the Bar Confidant submitted that Medado's petition should be denied, a merciful Supreme Court allowed him to pay a fine of P32,000.00, and because he was not yet a full-fledged lawyer, he thus cannot be suspended from the practice of law.
The court penalized him by not allowing him to sign the Roll of Attorneys until one year after receipt of the court's decision.
RELATED
IN RE: PETITION TO SIGN IN THE ROLL OF ATTORNEYS MICHAEL A. MEDADO, Petitioner. [CASE DIGEST]
Read:
Part 1.
Part 2.
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| The Practice of Law: Pleadings (2022) [Hardcover] by Mario R.L. Luna and Ma. Josefina Gonzales |
[OPINION] Teaching law constitutes practice of law.
Let me raise the question of what constitutes the practice of law, which was answered, vaguely, by the Supreme Court in Cayetano vs. Monsod.
The practice of law, said the court, (Cayetano vs. Monsod), means any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. The court held that practicing corporate law is indeed practice of law because the lawyer takes care of the legal affairs of a corporation. Other jobs of Monsod prior to the filing of the petition and his work in negotiating loan agreements were also taken as practice of law.
In fine, said the court: "Atty. Monsod's past work experiences as a lawyer-economist, a lawyer-manager, a lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, a lawyer-legislator of both the rich and the poor," is indeed practice of law.
How about teaching law? To my mind, it constitutes practice of law. If the Supreme Court in Cayetano said that a lawyer who takes care of the affairs of a corporation or negotiates debt contracts is engaged in the practice of law, then a fortiori, a person who teaches law, is in the practice of the legal profession because between a debt negotiator and a law professor, the latter has more gravitas because he is charged with the molding of young minds who will one day become lawyers.
Read full article here:
https://www.manilatimes.net/2023/01/21/opinion/columns/when-lawyers-become-illegal/1875153
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