Law student teaches his classmates for a fee. Practice of law? Should he be disciplined?
PHOTO LINKED FROM: https://www.prodigygame.com/blog/wp-content/uploads/2017-03-09-Math-on-Whiteboard-condensed-2.jpgQUESTION: LINO MATA is a law student. He is so intelligent that he always gets a minimum of 95% in his examinations. As a result of this, many of his classmates and juniors request that he teach them for a fee.
LINO agreed at 300 pesos per hour. From then on, LINO has been earning 1,200 pesos every Saturday. MAK PELO, a professor of law in LINO's school, discovered this and reported the same to the Supreme Court. MAK wants LINO to be disciplined by the Court for his "practice of law."
Should the Court discipline LINO?
CAYETANO v. MONSOD. 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).
Practice of law means any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. "To engage in the practice of law is to perform those acts which are characteristics of the profession. Generally, to practice law is to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill." (G.R. No. 100113; September 3, 1991)
The practice of law is not limited to the conduct of cases in court. (Land Title Abstract and Trust Co. v. Dworken, 129 Ohio St. 23, 193 N.E. 650) A person is also considered to be in the practice of law when he: ... for valuable consideration engages in the business of advising person, firms, associations or corporations as to their rights under the law, or appears in a representative capacity as an advocate in proceedings pending or prospective, before any court, commissioner, referee, board, body, committee, or commission constituted by law or authorized to settle controversies and there, in such representative capacity performs any act or acts for the purpose of obtaining or defending the rights of their clients under the law. Otherwise stated, one who, in a representative capacity, engages in the business of advising clients as to their rights under the law, or while so engaged performs any act or acts either in court or outside of court for that purpose, is engaged in the practice of law. (State ex. rel. Mckittrick v..C.S. Dudley and Co., 102 S.W. 2d 895, 340 Mo. 852)