The Practice of Law

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.