1. Practice of Law

Practice of Law

Concept

Practice of law is not confined to appearing in court. It covers work that calls for the application of law, legal principles, practice, or procedure and requires a lawyer’s legal knowledge, training, and experience. A lawyer may practice through litigation, advice, drafting, negotiation, or other professional services, depending on the nature of the work performed. (CPRA, Canon III, Section 1)

The practice of law is a privilege subject to continuing regulation, not an unrestricted right acquired once and for all upon admission to the Bar. The privilege carries responsibilities to clients, courts, and the public. A lawyer must pursue a cause on its merits, without exerting—or appearing to exert—improper influence on a court, tribunal, or government agency. (Rule 138, Section 1, Rules of Court) (Art. 2, CPRA)¹

Governing provisions

Canon III, Section 1 of the Code of Professional Responsibility and Accountability (CPRA) supplies the starting point for identifying the practice of law. Rule 138 of the Rules of Court governs entitlement to practice. The Constitution places admission to the practice of law and the regulation of the legal profession within the Supreme Court’s rule-making authority. Together, these provisions explain what the work entails, who may undertake it, and why its exercise remains regulated. (CPRA, Canon III, Section 1) (Rule 138, Section 1, Rules of Court) (1987 Constitution, Article VIII, Section 5(5))

Requisites / Rules

• Look to the work, not merely its setting. An act may constitute practice of law even outside a courtroom when its performance calls for legal judgment and professional skill. Conversely, a job title alone does not answer whether a particular act is legal practice. (CPRA, Canon III, Section 1)
• Observe professional responsibility in every mode of practice. A solo practitioner must see that matters requiring professional skill and judgment are addressed promptly and competently. Lawyers practicing together may constitute a law firm when they hold themselves out to the public as such. (Art. 25, CPRA)² (Art. 26, CPRA)³
• Keep the public character of the privilege in view. A lawyer’s conduct must respect the law, legal institutions, and their processes. Conduct in public or private life that adversely reflects on fitness to practice may have professional consequences. (Art. 2, CPRA)⁴

Distinctions

The three inquiries are related but distinct: the definition and nature of practice identify the professional work; its character as a privilege explains why admission does not place a lawyer beyond ethical regulation; and the Supreme Court’s supervision and control identifies the constitutional authority that regulates the profession. (CPRA, Canon III, Section 1) (Rule 138, Section 1, Rules of Court) (1987 Constitution, Article VIII, Section 5(5))

Bar tip

For a practice-of-law question, first identify the legal judgment the activity requires. Then address entitlement to practice and the professional duties governing its exercise. (CPRA, Canon III, Section 1) (Rule 138, Section 1, Rules of Court)