“A treatise on the practice of law: An analysis on Supreme Court landmark cases”

Abstract

This study was aimed to make clarifications as to what practice of law is. There have been a lot of conflicting views insofar as the practice of law is concerned. Others contain it to the actual court litigation while others contain it teaching and the likes. In the landmark case of Cayetano Vs. Monsod, practice of law is defined as 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. Given the expansive definition, it would seem that many people are practicing law without them knowing it. Now that can be dangerous. It is time that the Supreme Court come out with clear rules on who are allowed to practice which law and under what conditions them may do so.