Attorney at law - is class of persons who are by license, officers of the courts, empowered to
appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities
are developed by law as a consequence.
VS
Attorney in fact - He is an agent whose authority is strictly limited by the instrument
appointing him. It can be anyone not necessarily a lawyer.
Attorney ad hoc - a person named and appointed by the court to defend an absentee
defendant in the suit in which the appointment is made (Bienvenu v. Factor’s of Traders
Insurance Cp., 33 [Link].209)
VS
Attorney of Record - one who has filed a notice of appearance and who hence is formally
mentioned in court records as the official attorney of the party. Person whom the client has
named as his agent upon whom service of papers may be made. (Reynolds v. Reynolds,
Cal.2d580)
Amicus curiae - a friend of the court, not a party to the action; is an experienced and
impartial attorney invited by the court to appear and help in the disposition of the issues
submitted to it. It implies friendly intervention of counsel to call the attention of the court to
some matters of law or facts which might otherwise escape its notice and in regard to which it
might go wrong.
VS
Amicus curiae par excellence - bar associations who appear in court as amici curiae or
friends of the court. Acts merely as a consultant to guide the court in a doubtful question or
issue pending before it.
Counsel de Oficio - is attorney appointed by the court to defend an indigent defendant in
criminal action or to represent a destitute part in a case. The term connotes little or no other
choice than acceptance by the indigent party of whoever is appointed as his counsel and,
unless excused therefrom by the court, the discharge by the designated attorney of the duty to
faithfully and conscientiously render effective legal assistance in favor of such party.
Note: In localities where members of the Bar are not available, the court may appoint any
person, resident of the province and good repute for probity and ability, to defend the
accused.
VS
Counsel de parte - is an attorney retained by a party litigant, usually for a fee, to prosecute or
defend his cause in court. This is a private counsel, secured by him, without intervention of
the government (at his own will and choice)
Trial Lawyer - A lawyer who personally handles cases in court, administrative agencies or
boards which means engaging in actual trial work either for the prosecution or for the defense
of cases of clients.
VS
Practising Lawyer - One engaged in the practice of law. All trial lawyers are practicing
lawyers, but not all practicing lawyers are trial lawyers
Lead Counsel - The counsel on their side of a litigated action who is charged with the
principal management and direction of a party’s case.
VS
House Counsel - Lawyer who acts as attorney for business though carried as an employee of
that business and not as an independent lawyer
Public prosecutor - represents the People of the Philippines in the prosecution of offenses
before the metropolitan trial courts, municipal trial courts, municipal circuit trial courts, and
regional trial courts.(G.R. No. 205275 -Mamerto Austria v. AAA and BBB)
VS
Private prosecutor - All criminal actions either commenced by complaint or by information
shall be prosecuted under the direction and control of a public prosecutor. In case of heavy
work schedule of the public prosecutor or in the event of lack of public prosecutors, the
private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the
Regional State Prosecutor to prosecute the case subject to the approval of the court. Once so
authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute
the case up to end of the trial even in the absence of a public prosecutor, unless the authority
is revoked or otherwise withdrawn.
Malfeasance - is an act that is illegal and causes physical or monetary harm to someone else.
Malfeasance is intentional conduct that is wrongful or unlawful, especially by officials or
public employees.
Submmited by: Howard Dean T. Padrigano
BSLM 2A