Practice of law defined

TERESITA P. FAJARDO, Complainant, v. ATTY. NICANOR C. ALVAREZ, Respondent. A.C. No. 9018, April 20, 2016.

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This administrative case involves the determination of whether a lawyer working in the Legal Section of the National Center for Mental Health under the Department of Health is authorized to privately practice law, and consequently, whether the amount charged by respondent for attorney's fees is reasonable under the principle of quantum meruit.

Complainant Teresita P. Fajardo (Teresita) was the Municipal Treasurer of San Leonardo, Nueva Ecija. She hired respondent Atty. Nicanor C. Alvarez (Atty. Alvarez) to defend her in criminal and administrative cases before the Office of the Ombudsman.

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We find that respondent committed unauthorized practice of his profession.

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Respondent practiced law even if he did not sign any pleading. In the context of this case, his surreptitious actuations reveal illicit intent. Not only did he do unauthorized practice, his acts also show badges of offering to peddle influence in the Office of the Ombudsman.

In Cayetano v. Monsod,49 the modern concept of the term "practice of law" includes the more traditional concept of litigation or appearance before courts:

The practice of law is not limited to the conduct of cases in court. A person is also considered to be in the practice of law when he:

"x x x 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."

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Interpreted in the light of the various definitions of the term "practice of law," particularly the modern concept of law practice, and taking into consideration the liberal construction intended by the framers of the Constitution, Arty. Monsod's past work experiences as a lawyer-economist, a lawyer-manager, a lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-legislator of both the rich and the poor—verily more than satisfy the constitutional requirement—that he has been engaged in the practice of law for at least ten years.50 (Emphasis supplied)

Cayetano was reiterated in Lingan v. Calubaquib:51

Practice of law is "any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience." It includes "[performing] acts which are characteristics of the [legal] profession" or "[rendering any kind of] service [which] requires the use in any degree of legal knowledge or skill."

Work in government that requires the use of legal knowledge is considered practice of law. In Cayetano v. Monsod, this court cited the deliberations of the 1986 Constitutional Commission and agreed that work rendered by lawyers in the Commission on Audit requiring "[the use of] legal knowledge or legal talent" is practice of law.52 (Citations omitted)

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