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The gaining of livelihood is not a profession but a

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 The gaining of livelihood is not a profession, but a secondary consideration.  The Code of Professional Responsibility, particularly the ethical rule against advertising or solicitation of professional employment, rests on the fundamental postulate that the practice of law is a profession.  Profession – A calling requiring specialized knowledge and often requiring long academic preparation.  In fixing fees, remember that ―the
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profession is a branch of the administration of justice and not a mere money-making trade.‖  Law advocacy is not capital that yields profits.  A calling, unlike mercantile pursuits which enjoy a greater deal of freedom from government interference, is impressed with public interest.  Attorney is also entitled to protection from the court against any attempt by his client to escape payment of his just fees.  Client is also protected against exaction by his counsel of excessive fees.  Primary Characteristics distinguishing the Legal Profession from Business: 1. A duty of public service, emolument is a by-product. 2. A relation as officer of the court to the administration of justice involving thorough sincerity, integrity, and reliability. 3. Relation to the client in the highest degree fiduciary. 4. Relation to colleagues at the bar characterized by candor, fairness, and unwillingness to resort to
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current business methods of advertising and encroachment on their practice, or dealing with their clients.  These characteristics make it a noble profession and the privilege to practice it is bestowed only upon individuals who are competent intellectually, academically, and morally.  A partnership in the practice of law is a mere relationship or association for such particular purpose. It is not a legal entity. It is not a partnership formed for the purpose of carrying on a trade or business or of holding property.  Even if registered with the SEC, any lawyer practicing under a law partnership is considered a solo practitioner who is the taxpayer and not the law partnership.  Law prohibits a business or commercial partnership or juridical entity to engage in the practice of law since such cannot possess nor comply with the qualifications and requirements of a lawyer. Necessity of representation by counsel  Employment of a person acquainted with the rules becomes a necessity both
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to the litigant and to the court.  Litigant is not ordinarily versed in the law and its intricacies.  A court can adjudicate only in accordance with the law and the facts presented pursuant to well-established rules of procedure and evidence.  A person unlearned in the law can neither aid litigants nor the court in that regard.  Only a lawyer can properly and effectively extend such assistance.
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  • Fall '19
  • Lawyer, attorney,  Obligation

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