Law practice

Dear Atty. Nico,

I have a concern that has been piquing my curiosity. I hope you can help me sort this dilemma in my mind.

I have been helping out examinees in their journey to pass the Bar examination since 2016. Although not a lawyer, I nevertheless hurdled the same. However, I have yet to take my oath due to pending criminal cases filed against me.

Aside from giving out tips on how to answer, I have also authored several Bar materials to further advance the legal knowledge of Bar prospects.

Am I considered to be doing “practice of law?”

Max

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Dear Max,

In a recently promulgated decision of the Supreme Court, it was stated clearly that such actions would be tantamount to “practice of law.”

In Re: Social Media Posts of Edgar S. Dizon (B.M. No. 4734), the Court reiterated the doctrine laid down in the case of Cayetano v. Monsod, defining the “practice of law” as any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience.

Dizon’s mentees enrolled in his Bar Law for Dummies Training Program precisely because they wanted to pass the Bar. Providing coaching lessons to bar flunkers/reviewees definitely requires the application of legal knowledge… discussing past bar examination answers definitely requires an application of legal knowledge.

Moreover, Dizon admitted writing several Bar materials for his Bar Law for Dummies Training Program. The preparation of all these materials required the application of legal knowledge. Thus, there can be no conclusion other than that Dizon illegally engaged in the practice of law.

Applying the foregoing jurisprudence to the facts provided, there is no question that you are involved in the practice of law. Sharing your knowledge on how to pass the Bar as well as writing Bar-related matters are all included in the definition thereof.

Atty. Nico A. Antonio