Towards Recognizing and Accommodating Differentiation within the Legal Profession: A Critique of the Code of Professional Responsibility’s Treatment of the Non-Litigation Practice of Law

Philippine Law Journal, Vol. 81, 2006

23 Pages Posted: 8 Oct 2012 Last revised: 13 Jun 2016

See all articles by Ryan Hartzell C. Balisacan

Ryan Hartzell C. Balisacan

University of the Philippines College of Law; Harvard Law School

Date Written: July 27, 2006

Abstract

This paper’s focal argument is that the Code of Professional Responsibility, the singular document laying down the fundamental imperatives of lawyers’ conduct in the Philippines, does not sufficiently address the emergent exigencies of the legal profession, particularly with regard to the advent of non-litigation practice areas. Due to its focus on the lawyer’s duties as an advocate, it fails to reflect the demographics of the local legal profession and the trends in the international legal community, both pointing to the pressing need to extend the regulatory arm of the bar to other practice areas. This paper will first examine the genesis, evolution, and content of the Code of Professional Responsibility, and then present the historical and legal bases for the argument aforementioned. By way of conclusion, this paper will forward short-term, medium-term, and long-term propositions geared towards the recognition and accommodation of a bar that has become increasingly differentiated.

Suggested Citation

Balisacan, Ryan Hartzell Carino, Towards Recognizing and Accommodating Differentiation within the Legal Profession: A Critique of the Code of Professional Responsibility’s Treatment of the Non-Litigation Practice of Law (July 27, 2006). Philippine Law Journal, Vol. 81, 2006, Available at SSRN: https://ssrn.com/abstract=2158565 or http://dx.doi.org/10.2139/ssrn.2158565

Ryan Hartzell Carino Balisacan (Contact Author)

University of the Philippines College of Law ( email )

Malcom Hall
University of the Philippines, Diliman
Quezon City
Philippines

Harvard Law School ( email )

Cambridge
Cambridge, MA 02138
United States

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