Document.docx

3 signed in the roll of attorneys 4 received a

This preview shows page 38 - 42 out of 45 pages.

3. Signed in the roll of attorneys. 4. Received a certificate of license to practice law from the Clerk of Court of the Supreme Court. 5. Furnished satisfactory proof or educational, moral, and other qualifications.  After Admission he or she must: 1. Remain an IBP member in good standing by regularly paying IBP dues and other lawful assessments. 2. Pay annual privilege tax. 3. Faithfully observe the rules and ethics of the legal profession. 4. Be continually subjected to judicial disciplinary control.  Compulsory membership to the IBP is not violative of a lawyer’s freedom of association. Integration does not make
Image of page 38

Subscribe to view the full document.

a lawyer a member of any group of which he is already a member. He became a member of the bar when he passed the Bar Examinations. Bar integration does not compel the lawyer to associate with anyone. He is free to attend or not attend the meetings of his Integrated Bar Chapter or vote or refuse to vote in its elections as he chooses. The only compulsion to which he is subjected is the payment of annual dues. The Supreme Court, in order to further the State’s legitimate interest in elevating the quality of professional legal services, may require that the cost of improving the profession in this fashion be shared by the subjects and beneficiaries of the regulatory program — the lawyers [In re: Edillon A.M. 1928]  The rigid requirements and conditions are designed to admit to its ranks only those who are adequately prepared, mentally and morally, to discharge the duties of an attorney.  The purpose, in the final analysis, is to protect the public, the court, the client, and the bar from incompetence and dishonesty of those who are unfit to become members.
Image of page 39
 Only those who are competent, honorable, and reliable may practice law. Right and Privilege to practice  The practice of law is not a natural, property or constitutional right but a mere privilege.  It is not a right granted to anyone who demands it but a privilege to be extended or withheld in the exercise of sound judicial discretion.  It is in the nature of a franchise conferred only for merit which must be earned by hard study, learning and good conduct.  It is a privilege accorded only to those who measure up to certain rigid standards of mental and moral fitness. Those standards are neither dispensed with nor lowered after admission.  The attorney’s continued enjoyment of the privilege conferred depends upon his complying with the ethics and rules of the profession.  But practice of law is in the nature of a right. While the practice of law is a privilege, a lawyer cannot be prevented from practicing law except for valid reasons, the practice of law not being a
Image of page 40

Subscribe to view the full document.

matter of state’s grace or favor.  He holds office during good behavior and can only be deprived of it for misconduct.  The state cannot exclude an attorney from the practice of law in a manner or for reasons that contravene the due process or equal protection clause of the Constitution.  A quasi-judicial or administrative agency cannot restrict a lawyer’s privilege to practice law by imposing conditions that amount to discrimination nor limit such privilege by requiring the passing of an examination not sanctioned by law as a prerequisite to appearing before such agency.
Image of page 41
Image of page 42
  • Fall '19
  • Lawyer, attorney,  Obligation

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern