I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
The case of Cayetano vs. Monsod (201 SCRA 210) has defined the practice of law as "any activity in and out of court which requires the application of law, legal principle, practice or procedure and calls for legal knowledge, training and experience." People vs. Villanueva (14 SCRA 111) says "it implies the customary or habitual holding of oneself to the public as a lawyer and demanding compensation for his fees."
Practicing law doesn't only mean lawyering in the traditional sense. Writing about law as well as teaching it also comes under the definition of "practice of law."
Essential Criteria
The following indicators must be present to prove that a lawyer is practicing law:
1.) Habituality
Customarily holding oneself out to the public as a lawyer. This doesn't mean that lawyers who work in a corporation's legal department aren't practicing law; they are. The corporation, as a juridical person, engages the services these lawyers.
2.) Compensation
The lawyer must be in active practice and his professional services are available to the public with the corresponding fees. This includes the lawyer's salary if he works in a government office or the legal department of a private entity.
3.) Application
The lawyer must apply his knowledge, training and skills in the practice of his profession.
4.) Attorney-Client Relationship
There is a professional relationship between the lawyer and his client. That includes his employment status.
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