The Lawyers’ Oath

Lawyers' OathAn oath is defined by Webster as a solemn appeal to God or to any sacred or revered person or sanction for the truth of an affirmation or declaration or in witness of the inviolability of a promise or undertaking. As per Supreme Court, an oath is a form of attestation made by an individual to signify that he or she is bound in conscience to act faithfully and truthfully. The person taking the oath is declaring a pledge to his or her responsibility to God.

According to section 17 of Rule 138 of the rules of court, an individual who has passed the required examination shall take an oath of office before the Supreme Court. This shall serve as the person’s attestation that he or she will properly perform the responsibilities of a lawyer.

The Lawyer’s oath taking is a requirement to admit a lawyer to practice law and may only be taken before the Supreme Court. The person who takes the oath must also be authorized to engage in the practice of law. This oath should not be taken lightly as it is more than just a set of words; it is a sacred trust that must be kept and observed at all times.

A lawyer is a servant of the law and should embrace his or her profession whole-heartedly as he or she has been entrusted the administration of the law in the goal of dispensing justice. A lawyer is an officer of the court who has the responsibility of assisting courts in the proper, fair, speedy and efficient implementation of justice.

The Real World of Legal Practice

Legal practice is often used to differentiate the judicial and administrative bodies and their rules, policies, customs, precedents and doctrines from legislative enactments.

U.S. Constitution. The nonconflicting sections of the English and American common law and its forms of pleading were explicitly incorporated into the U.S. Constitution.

Federal Rules 1938. Common law pleading was more formal, traditional and strict in its statements during the earlier days. A plaintiff delivering a trespass suit would have to state certain keywords in his complaint or else his plea would be dismissed.

Custom law. This refers to the established pattern of behavior that can be determined within a specific social setting. It exists wherein a certain legal practice is observed and relevant parties consider it to be a form of law. Most of these customary laws are created to deal with standards of community that have been established in a given area a long time ago.

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