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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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LUNDBERG, "THE LEGAL PROFESSION -
A SOCIAL PHENOMENON"
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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LUNDBERG, "THE LEGAL PROFESSION -
A SOCIAL PHENOMENON"
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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LUNDBERG, "THE LEGAL PROFESSION -
A SOCIAL PHENOMENON"
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?