Lawyering is not business but a noble profession

(The author is a member of the Constitutional Law Department of the Philippine Judicial Academy (Philja); a former Associate Justice of the Court of Appeals, and a former dean of the University of San Carlos Law. He has been awarded Most Outstanding IBP Chapter President. He is teaching Legal and Judicial Ethics Review at the Holy Name University Law in Tagbilaran City, Bohol.)

Members of the bar or lawyers are required to attend Mandatory Continuing Legal Education (MCLE) seminars, while members of the bench or judges also have their regular Judicial Career Enhancement Program (JCEP) to update them of the laws, new decisions of the Supreme Court, etc.

In brief, they always know the law, or enjoy the presumption that they know it, the rulings of the Supreme Court, and whatever rules are newly adopted by it.

Unfortunately, the public, in general, cannot be expected to have such knowledge of laws even if they are required to follow them.

Thus, the main purpose of this article is to help the public. It is a humble contribution so that laws can be known, understood, and better served and followed. And I have chosen to discuss the above topic “LAWYERING” so that the public can better understand, appreciate, and help improve or the practice of law.

This is written to make known and make the public better understand the true nature and essence of lawyering or practice or law, i.e., that it is a profession, not business or negosyo.

What then, is the difference between “profession” and “business or negosyo”?

According to the Australian Council of Professors (ACP 2003), “Profession” is a “disciplined group of individuals who adhere to ethical standards and who hold themselves out, and are accepted by the public, as possessing special knowledge and skills in a widely recognized body of learning derived from research, education, and training at a high level, and who are prepared to apply this knowledge and exercise these skills in the interest of others.

It is inherent in the definition of a Profession that a code of ethics governs the activities of each profession. Such codes require behavior and practice beyond the personal moral obligation of an individual. They define and demand high standards of behavior in respect to the services provided to the public and in dealing with professional colleagues.

Being a member of a Profession, e.g., a “Professional,” is generally seen as an indicator of integrity, ethics, trust, and expertise.

On the other hand, “Business” is defined as the practice of making one’s living or making money by producing or buying and selling products. It is also “any activity or enterprise entered into for profit.” (Wikipedia)

Law is a profession not business. This is because:

a) It is a learned activity;

b) Engaged in full time basis;

c) Act is helpful to others in an important way;

d) Persons involved organize themselves and self-regulate; and

e) Governance is primarily for the public good rather than for self.

Not only is law a profession, it is a noble profession. Not only does it serve a public good, such public it serves is the administration of justice through the rule of law. Hence, it is accepted as a noble profession. In other words, there is inherent honor in the legal profession because it is primarily intended to serve not self but others by assisting in the administration of justice.

xxx if an attorney practices his/her profession, the duty is always and principally to assist in the administration of justice, i.e., to see to it that a client is afforded what is due him or her based on the law. Thus, the primary interest of a true lawyer should not be self but a competent, honest and efficient administration of justice, a public interest, a public good.

In Yuhico v. Atty. Gutierrez the Court sitting en banc held: Lawyers are instruments for the administration of justice and vanguards of our legal system.

xxx expected to maintain not only legal proficiency, but also a high standard of morality, honesty, integrity and fair dealing so that the people’s faith and confidence in the judicial system is ensured.   They must, at all times, faithfully perform their duties to society, to the bar, the courts and to their clients, xxx.

They must conduct themselves in a manner that reflects the values and norms of the legal profession as embodied in the Code of Professional Responsibility.

Daniel Webster, an excellent trial lawyer has said: “Justice is the greatest concern of man on earth.”

Paschal Njoku also reminds us that, “We need to understand that, as advocates of the law, we are the defenders of the Constitution, the guardians of liberty, the protectors of rights, and the advocates of just causes.” Lawyering is not a money-making venture (Canlas v. CA 164 SCRA 160).

Law practice should not be used as capital in order to earn profit. The returns it births are simple rewards for a job well done or service rendered. (Metrobank v. CA 181 SCRA 377). This is not to say that financial concerns are not important to a lawyer. However, while we do not ignore such concern, priority must be given to some of the weightier responsibilities and burdens that attach to our role as lawyers.

It is reserved only to those who are academically trained in law and possessed of good moral character not only at the time of his admission to the Bar but even more so, thereafter to remain in the practice of law.  (People v. Tuanda 181 SCRA 692, Melendrez v. Decena 176 SCRA 662)

I will end this discussion by citing relevant Supreme Court decisions thus:

1. Bengco v. Atty. Bernardo A.C. No. 5368, June 13, 2012

Practice of law is not a business. It is a profession in which duty to public service, not money, is the primary consideration. Lawyering is not primarily meant to be a money-making venture and law advocacy is not a capital that necessarily yields profits. The gaining of a livelihood should be a secondary consideration. The duty to public service and to the administration of justice should be the primary consideration of lawyers, who must subordinate their personal interests or what they owe to themselves.

2. Sesbreno v. CA, G.R. No. 161390, April 16, 2008

Lawyering is not a moneymaking venture and lawyers are not merchants. Law advocacy is not capital that yields profits. The returns it births are simple rewards for a job done or service rendered. It is a calling, that unlike mercantile pursuits which enjoy a greater deal of freedom from governmental interference, is impressed with a public interest, for which it is subject to state regulation.

3. Atty. Khan v. Simbillo, A.C. No. 5299, August 19, 2003

The following elements distinguish the legal profession from a business:

a). A duty of public service of which the emolument is a by-product, and in which one may attain the highest eminence without making much money;

b.) A relation as an “officer of the court” to the administration of justice involving thorough sincerity, integrity, and reliability;

c). A relation to clients in the highest degree of fiduciary;

d). A relation to colleagues at the bar characterized by candor, fairness, and unwillingness to resort to current business methods of advertising and encroachment on their practice, or dealing directly with their clients.

4. Lawyers Must Avoid Predatory Pricing

A lawyer shall not charge rates lower than those customarily prescribed unless the circumstance so warrant. This is to avoid the so-called predatory pricing. This is one of the practices that degrade the dignity of the legal profession.

Again, it is my hope that the public having known and understood the above, will be more vigilant, and help correct the mistakes committed by lawyers in the manner they practice their profession.