The Criteria of The Practice of Law
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Jae LeeThe Criteria of The Practice of Law
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Jae LeeLegal Profession – July 30, 2019
The Criteria of the Practice of Law:
Commission on Appointments in a Memorandum it prepared, enumerated several factors determinative
of whether a particular activity constitutes "practice of law." It states:
1. Habituality. The term "practice of law" implies customarily or habitually holding one's self out to the
public as a lawyer (People vs. Villanueva, 14 SCRA 109 citing State v. Boyen, 4 S.E. 522, 98 N.C. 644)
such as when one sends a circular announcing the establishment of a law office for the general practice
of law (U.S. v. Ney Bosque, 8 Phil. 146), 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 (People v. De Luna, 102 Phil. 968).
Practice is more than an isolated appearance for it consists in frequent or customary action, a
succession of acts of the same kind. In other words, it is a habitual exercise (People v. Villanueva, 14
SCRA 109 citing State v. Cotner, 127, p. 1, 87 Kan, 864). In other words, it is frequent habitual exercise
(State vs- Cotner, 127, p. 1, 87 Kan. 864, 42 LRA, M.S. 768). Practice of law to fall within the
prohibition of statute has been interpreted as customarily or habitually holding one's self out to the
public as a lawyer and demanding payment for such services (State vs. Bryan, 4 S.E. 522, 98 N.C.
644,647.)
2. Compensation. Practice of law implies that one must have presented himself to be in the active and
continued practice of the legal profession and that his professional services are available to the public
for compensation, as a service of his livelihood or in consideration of his said services. (People v.
Villanueva, supra). Hence, charging for services such as preparation of documents involving the use of
legal knowledge and skill is within the term "practice of law" (Ernani Paño, Bar Reviewer in Legal and
Judicial Ethics, 1988 ed., p. 8 citing People v. People's Stockyards State Bank, 176 N.B. 901) 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 (Martin, supra, p. 806 citing Mendelaun v. Gilbert and Barket Mfg. Co., 290 N.Y.S.
462) If compensation is expected, all advice to clients and all action taken for them in matters
connected with the law; are practicing law. (Elwood Fitchette et al., v. Arthur C. Taylor, 94A-L.R. 356-
359)
3. Application of law legal principle practice or procedure which calls for legal knowledge, training and
experience is within the term "practice of law". (Martin supra)
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 his profession or a lawyer (Agpalo, Legal Ethics, 1989 ed., p.
30).3
Article 8, section 5, item 5 of the Philippine Constitution
Section 5. The Supreme Court shall have the following powers:
(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal
assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for
the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not
diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial
bodies shall remain effective unless disapproved by the Supreme Court.
