a. Definition and Nature (Canon III, Sec. 1)

Definition and Nature of the Practice of Law (Canon III, Sec. 1)

Concept

The practice of law is not confined to appearing in court. Under Canon III, Section 1 of the Code of Professional Responsibility and Accountability (CPRA), it encompasses the rendition of legal services and work requiring the application of law, legal principles, and legal procedures. A lawyer may therefore be practicing law when advising a client, preparing legal documents, or representing a client before a tribunal or government agency. (CPRA, Canon III, Section 1)

Governing provisions

The CPRA governs how a lawyer performs that work. Legal services must be accessible, efficient, and effective, while the lawyer maintains independence and integrity. The lawyer must also avoid unlawful, dishonest, immoral, or deceitful conduct, whether or not the conduct occurs during a court appearance. (Art. 1, CPRA)¹ (Art. 1, CPRA)²

Requisites / Rules

• Look at the nature of the service performed, not merely the lawyer’s job title or workplace. The question is whether the work calls for the application of legal knowledge and procedure for another’s benefit. (CPRA, Canon III, Section 1)
• In presenting a cause, rely on its merits. A lawyer must not exert influence, appear to exert influence, or undermine the authority or proceedings of a court, tribunal, or government agency. (Art. 2, CPRA)³
• Disclose on record, at the first available opportunity, a relationship or connection specified by the CPRA that may be a ground for mandatory inhibition in a pending proceeding. Do not give gifts, donations, or contributions to a court, tribunal, government agency, or its officers or personnel. (Art. 20, CPRA)⁴ (Art. 21, CPRA)⁵

Distinctions

Legal education prepares a person for the profession; it is distinct from the practice of law. In Pimentel v. Legal Education Board, the Court distinguished regulation of law-school admission from its exclusive authority over admission to the Bar. (Pimentel v. Legal Education Board, G.R. No. 230642, 10 September 2019)⁶

Key doctrines

Professional accountability is not limited to acts done for a client. The Court may consider misconduct in a lawyer’s private life when assessing fitness to practice. Nor may a government lawyer assume that being a member of the Bar permits private practice despite restrictions attached to a government post. (Rosario v. Ban-Eg., A.C. No. 13757, 22 October 2024)⁷ (Fajardo v. Alvarez., A.C. No. 9018, 20 April 2016)⁸

Bar tip

In a problem question, identify the legal service actually performed before discussing the lawyer’s authority to perform it or any ethical breach. Do not equate “practice of law” with litigation alone. (CPRA, Canon III, Section 1)