nature and meaning of the legal profession

8/22/2019 Nature and Meaning of the Legal Profession

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Nature and

Meaning of the

Legal Profession


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Wades View on Public Responsibilities

of the Learned Professions

This article basically states the attributes of

the Learned Profession.

First, that trainingis necessary for admission to

a learned profession.

Second, that the learned profession is

characterized by anorganizationthat sets

standards for licenses and admissions into it.


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Wades View on Public

Responsibilities of the LearnedProfessions

Third, and most importantly, the members

of the learned profession are dedicatedto a spirit of public service.

Dean Roscoe Pound: A profession is agroup of men pursuing a learned art *** in

the spirit of a public service.


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Responsibilities of a Member of

the Learned Profession

(1) to his clientele,

(2) to his profession,

(3) to the public in general.


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To His ClienteleWith respect to the responsibilities of a

member of a learned profession to his

clients there is a relationship of trust andconfidence.

Also the professional should not have

interests of his own.


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To His ProfessionA professional seeks to improve his

profession.

He has the duty to engage inresearch, to write articles and treatises.

He must continue through self-

education and has the duty to complywith the code of ethics.


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To His ProfessionB.M. 850. October 2, 2001

MANDATORY CONTINUING LEGAL

EDUCATION

SECTION 1. Purpose of the MCLE.

Continuing legal education is required of

members of the Integrated Bar of the

Philippines (IBP) to ensure that throughout

their career,


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they keep abreast with law

and jurisprudence,maintain the ethics of the

profession and

enhance the standards of thepractice of law.


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To His ProfessionMANDATORY CONTINUING LEGAL

EDUCATION

SEC. 2. Requirements of completion ofMCLE. Members of the IBP not

exempt under Rule 7 shall complete

every three (3) years at least thirty-six

(36) hours of continuing legal

education activities approved by the

MCLE Committee.


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To the General PublicTo the society, a professional has the duty

to influence the opinions and actions of

others.He must supply intelligent and unselfish

leadership to the forming of public

opinions and determination of important

issues.


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LUNDBERG, "THE LEGAL PROFESSION -

A SOCIAL PHENOMENON"

The small body of law practitioners

probably plays a much more

weighty social role than do editors,

physicians and publishers.

This is because the social philosophy

that is actually expressed in publicpolicy is that of the man of law.


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The fact that lawyers make public

policy is not a consequence of their

being our weightiest intellects, but

because of the nature of the state,

which was established by lawyers

along legalistic lines.


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LUNDBERG, "THE LEGAL PROFESSION -A SOCIAL PHENOMENON"

The very existence of a legal

profession presupposes a society torn

by conflicts.

Social conflicts are heightened by the

chicaneries lawyers describe as part

of their duties. If there were any realdesire for reform in the profession, it

would probably be accomplished in

short order.


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A large part of social injustice exists

because the legal profession has

not shouldered the responsibilities

that go with the privileges it enjoys.


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The task facing society is to make it

possible for the constructive work

that is done by lawyers on behalf of

the middle class to be extended for

the benefit of the lower class.


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Maclver, the Social Significance of

Professional Ethics

Ideal of Service

Responsibility to the Wider Community

Professional Interest and General Welfare

Danger of Specific Group Bias


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Ideal of Service

The ideal of service is the

administration of justice and not mere

money-getting occupation.

Lawyers assume an obligation and an

oath of service.


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Responsibility to the Wider

Community

Ethical code prescribes simply the duties

towards one another and to the whole

group.

The profession implies the conceptions

of responsibility, ethical code is more

than the prescription of duty of anindividual towards others.


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Professional Interest andGeneral Welfare

Service needs of the public over

specific needs of the individual

clients.

More than the growth of the

profession, lawyers must prioritize

the welfare of the general public.


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Danger of Specific Group Bias

The legal profession is not exempt

from group bias.

Biases created within the profession

can be prevented by set of ethics

which is adherent to the ethical

standards of the whole community.


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Recap

What is meant by profession in general?

What is your concept of the legal

profession?

How do you distinguish the legal profession

from other professions?


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Recap

Why is law profession a social

phenomenon?

Is compensation of a lawyer essential in

the performance of his duty?

nature and meaning of the legal profession

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