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Elevating the Legal Profession

In the 21st century, the legal field has evolved together with the
progression of laws. Various techniques and styles of lawyering have also
come to the legal scene, enabling lawyers to exercise their profession with
utter variance and uniqueness. The objective of this evolution is to give the
people a wide range of lawyers that vary with their skill and ability to deal
with different cases and specialization of laws. What comes with is evolution
is the lawyers ability to adapt to certain jurisprudential and legal changes.
Changes in legal trends shape and re-shape what is ought to be called as a
practice, into a profession.
Advertising in the Legal Field
With regard to the practice itself, it is a shocking idea to many lawyers, and
to most laymen, that there are various services which are legal work if done
by a lawyer, but which properly qualified laymen may perform without
engaging in the unauthorized practice of law, and yet two examples show the
soundness of the concept.1, and that the obvious reason why the
advertisement or endorsement of legal services was upheld in the
constitution of the United States. In Bates vs. Arizona, a decided case of the
US Supreme court, which upheld lawyers rights to advertise their services,
held that lawyer advertising was commercial speech entitled to protection
under the First Amendment (incorporated against the States through
the Fourteenth Amendment).
In contrast to the Philippine legal scene, no advertisements are allowed. The
most worthy and effective advertisement possible is the establishment of a
well-merited reputation for professional capacity and fidelity to trust. In our
country, Lawyers may not advertise their services or expertise nor should
they resort to indirect advertisements for professional employment, such as
securing or inspiring newspaper comments, or procuring his photograph to
be published in connection with causes in which the lawyer has been
1 (Wiles, 1961), A Commentary on the Ethics of the Legal Profession in the '50's

engaged or concerning the manner of their conduct, the magnitude of the

interest involved, the importance of the lawyer's position, and all other acts
of lauding himself, in order to peddle his legal expertise to potential clients.
It is highly unethical for an attorney to advertise his talents or skill as a
merchant advertises his wares.2
We can now see one of the many differences between the legal scenes of our
country to the others, especially in the US. If we put our senses into the right
direction, what is moral is not always legal, and what is legal is not always
moral.
The Role of Information Technology
Technology has formed an integral part in every human being,
modernizing, altering, and alleviating our lifestyle.

The progression of

technology also connotes the progression of man itself, in order for it to

adapt and learn new aspects of the world that he is living in. Understanding
and implementing new technologies are difficult and time-consuming for
lawyers. Clients are often ahead of lawyers in implementing new
technologies, and they have increased access to legal information, much of it
readily available on the Internet. However, technology also is the equalizer
allowing innovative solo and small-firm practitioners to compete with larger
firms.
Many professionals now rely on information technology (IT) to simplify,
automate, or better understand aspects of their work. Such software comes in
varying degrees of sophistication: less sophisticated tools include word
processors, e-mail and instant messaging systems, file servers, and the like,
while more sophisticated tools reach into the analytical core of a
professionals work. Legal information takes a great variety of forms.
Familiar examples from litigation practice include judicial opinions, court
orders, dockets, briefs, transcripts, jury instructions, and verdict statistics.
There is also an enormous, but less public, body of transactional legal
materials such as contracts and licenses that shape commercial
practice, even if such documents are never used in court. In addition to the

2 (In re: Tagorda, 53 Phil 42, Mar. 23, 1929)

core materials that would universally be considered legal in nature, there

are many types of documents that are highly relevant to legal practice.3
IT has become a viable instrument of lawyers in their own private or public
stints as legal servants, not only for client communication and transaction,
but also for information gathering and legal updates as well. It is also used
by the practitioners of law to browse cases and laws through their fingertips,
and exchange ideas with their fellows in the web, through online legal
forums and help desks.
The Philippines has its own repository of cases online, the most notable ones
are LawPhil and the Chan Robles Virtual Library, which can be accessed in
their respective websites. The practitioners may look up into the newest
jurisprudence that they look up online.
It cannot be ruled out, however, that the Philippines still heavily relies on the
manual search for cases, or the traditional way of doing so. We have
volumes of the SCRA, or the Supreme Court Reports Annotated, as
reference for the digests or case briefs we craft as students or actual
practitioners, which are accessible in university law libraries. Digests are
also shared and readily available online for downloading and quickreference, but it is ill-advised by most professors of law, for it defeats the
sole purpose of learning the true essence of language of the law itself.
The current situation of Legal Education
Legal education in the Philippines normally proceeds along the
following route: Undergraduate education which usually takes for 4 years,
Law school, which also takes 4 years, depending on various circumstances,
the Admission to the bar, by usually by taking a Philippine bar exam and
successfully passing it, and after such examination, a Legal practice and
mandatory continuing legal education is required for all members of the bar.
The current state of Philippine law is succinctly summarized as
follows: First, the greater bulk of Philippine private substantive law is
Romanesque. Second, there has been an increasing infiltration of common
law principles into Philippine jurisprudence due to several causes, to wit: (a)
the automatic substitution of Spanish political law by American political law,
upon the transfer of sovereignty; (b) the continued drawing from American
3 (Jenkins, 2008) WHAT CAN INFORMATION TECHNOLOGY DO FOR LAW?, p. 590

patterns by the Philippine Legislature in the enactment of new statutes; (c)

the growing reliance by the bar and bench on American decisions in the
application and interpretation, not only of American-derived statutes but also
of the old statutes of Spanish origin; and (d) the imitation of the system of
American legal education by the law schools of the Philippines.4
Our nation became a melting pot of different legal cultures, thus giving
variation of the styles of legal education and its instruction, in which the
professors of law adapt to. One such example is the usage of the Socratic
Method which is applied into the system of legal education. This method of
teaching where a law professor is supposed to draw the answer out of law
students through a series of questions remains a trademark system of
recitation in the Philippine legal education.
However, there are some debates over this type of instruction if it is viable in
the classroom, and if it is an effective teaching tool for law students. Law
professors and students alike have noted that the lack of feedback allowed
by the Socratic Method can limit their appreciation of what they are doing
well and what they are doing wrong. 5 This is especially true in large classes,
where interaction between students and professor is limited. Another notable
flaw of this teaching method is that it makes no room for practical and
participatory learning.
According to its advocates, one of the main advantages of the Socratic
Method is that it encourages students to prepare for class because only
intensive and consistent daily preparation (will allow) students to
participate effectively in (the) process6, but the experiences of universities
that have adopted alternative methods also show that the most effective way
to ensure that students come to class prepared is to make classroom learning
more of a participatory experience. Participatory methods (such as research
and writing projects, presentations, debates, role-play and others) and
activities that require working out practical legal problems make students in
larger part responsible for their own learning.
4 Ibid, An Introduction to Philippine Law, p. 77.
5 Anthony Ricky, contribution posted on

http://thenonbillablehour.typepad.com/nonbillable_hour/2004/11/five_by_five_an.html
6 University of Arkansas, Law school teaching methods, from

http://www.uark.edu/admin/urelinfo

To promote effective instruction and sufficient subject integration, students

must be treated as real professionals who are responsible for their own
learning; law faculty are encouraged to adopt a mixture of teaching methods,
especially those that conduce to learning and discussion even outside the
classroom, the usage of technology is promoted to enhance the classroom
experience, facilitate greater course coverage, and aid in interactive learning;
and

a decided emphasis is placed on exercises and discussions about

practical legal processes and problems.

The MCLE
Continuing legal education is required of members of the Integrated
Bar of the Philippines (IBP) to ensure that throughout their career, they keep
abreast with law and jurisprudence, maintain the ethics of the profession and
enhance the standards of the practice of law.
The Rules on Mandatory Continuing Legal Education (MCLE) for members
of the legal profession in the Philippines were recommended by the
Integrated Bar of the Philippines (IBP), endorsed by the Philippine Judicial
Academy, and reviewed and passed upon by the Supreme Court Committee
on Legal Education in 2001. Under the said Rules, members of the IBP are
required every three (3) years to complete at least thirty-six (36) hours of
continuing legal education activities approved by an MCLE Committee
constituted by the Supreme Court. 7
Failure to attend the said lectures will incur penalties. A lawyer, not being
exempted from MCLE, who fails to comply with the required legal
education activities shall receive a Non-Compliance Notice and shall be
required to explain the deficiency or otherwise show compliance with the
requirements. A member who fails to satisfactory comply therewith shall be
listed as a delinquent member by the IBP, wherein he shall be included in the
inactive status. In addition thereto, he shall be required to pay noncompliance fee if he fails to comply with the non-compliance notice.8
In addition, it is required that practicing members of the Bar to indicate in all
pleadings filed before the courts or quasi-judicial bodies, the number and
date of issue of their MCLE Certificate of Compliance or Certificate of
7 Rule 2, Bar Matter No. 850 Supreme Court of the Philippines
8 Rule 12 and Rule 13, B.M. 850 Supreme Court of the Philippines

Exemption, as may be applicable. Failure to disclose the required

information would cause the dismissal of the case and the expunction of the
pleadings from the records.9

Multi-disciplinary law practice and Boards of Specialty

In a world that has become both increasingly competitive and
interrelated, the need to learn and develop multi-disciplinary skills has
become more apparent, and must be integrated into the system of a Filipino
Lawyer. Market expectations on the roles of the lawyer and the manager
have expanded to take into account the changes brought about by
technological advances and innovations. When asked to render a legal
opinion or give professional advice, lawyers and managers are expected to
provide tailored solutions to problems that simultaneously consider the
bigger picture.
This diversity and difference of lawyers can be seen in their individual
specializations. In this matter, Sen. Angara encouraged lawyers to compete
globally and practice different fields of law. He states, citing the 2010
Financial Times Global Education Report, which noted: In todays world, a
superman-lawyer one who knows everything about anything (or at least
claims to) is viewed with skepticism and disregarded in favor of the
specialist.
Those who know more about a narrower field, indeed, offer a tremendous
advantage to business in legal conflicts. And if a business in legal trouble
wants to cover its flanks, it should hire specialists in other fields, Angara
said, adding, It is like that in warfare, and business is war.10
Pro-bono Legal Services, and the Privatization of Indigenous Legal
Service
Seeking justice in our country or requesting the court to approve your
annulment, legal separation or other special actions you want the court to do

9 Bar Matter No. 1922, June 3, 2008

10 http://newsinfo.inquirer.net/139579/angara-urges-lawyers-to-specialize-and-compete-

globally

can be costly. Not only will you be paying for filing fees and other court
fees, but professional fees of lawyers can be very expensive.
In the Philippines, lawyers are required to have mandatory Legal Aid
Service which mandates every practicing lawyer to render a minimum of 60
hours of free legal aid services to indigent litigants yearly, as prescribed by
the Supreme Court on the Rule on Mandatory Legal Aid Service, under Bar
Matter No. 2012.
The rule seeks to enhance the duty of lawyers to society as agents of social
change and to the courts as officers thereof by helping improve access to
justice by the less privileged members of society and expedite the resolution
of cases involving them. Mandatory free legal service by members of the bar
and their active support thereof will aid the efficient and effective
administration of justice especially in cases involving indigent and pauper
litigants.11
For free legal fees and to qualify as an indigent, the Public Attorneys Office
(or PAO) to handles such cases in court. This office requires submission of
your Income Tax Return (ITR) to show your minimal annual income. The
Integrated Bar of the Philippines (IBP), is also another office which offers
pro-bono cases or free legal fees for poor litigants as part of program. So
visit the nearest regional office near your place to avail of free legal services
if you cannot afford one. Lastly, the Office of the Legal Aid (OLA) of UP
College of Law also offers free legal services.
However, the privatization of such legal services isnt advisable here in the
Philippines. Studies have shown that private contracts for indigent defense,
instead of a public defender's office, have been tried in other counties, often
resulting in greater expense to the public and a lower quality of legal
representation for the poor. The reason why privatization cannot be possible
is that, litigation cannot itself completely reform social institutions, overreliance on courts diverts effort from potentially more productive political
strategies and disempowers the groups that lawyers are seeking to assist, and
private firms will defeat the purpose of agencies that provide free legal help,
and their own purpose of business and income generation. The result is too
much law and too little justice.
11 Sec. 2, B.M. No. 2012

Bills and Fees in lawyering

There are common charges and fee rates being observed in various
countries, especially in the US, have standard pay arrangements, which are
of four kinds: Hourly, the attorney gets paid an agreed-upon hourly rate for
the hours worked on a client's case or matter until it's resolved, and depends
on the lawyers experience on handling cases, Flat, involve legal matters that
simple and well-defined, in which lawyers typically charge a flat fee,
Retainer, an advance payment on the hourly rate for a specific case. The
lawyer puts the retainer in a special trust account and deducts from that
account the cost of services as they accrue. During the course of legal
representation, clients should review periodic billing statements reflecting
amounts deducted from the retainer, and Contingent, which in certain types
of cases, attorneys work on a contingent fee basis. Contingent means that the
attorney takes no fee from the client up-front, but gets a percentage typically
one-third (1/3) of the settlement or money upon judgment.
In most cases, out-of-pocket expenses such as filing fees, travel expenses,
printing etc., are excluded from such arrangements. Since these expenses are
incurred for the benefit of the client, they are the clients responsibility.
In the Philippines, The initial consultation fee is what can be expected from
the attorney to bill for the initial consultation with him or her. While some
lawyers offer free consultation, some charge initial consultation fees. There
are other attorneys who bill on their usual or reduced hourly rate. There is no
standard practice in the Philippines, and the legal practices we inherited
from the mixed legal cultures also includes the payment schemes. It is no
surprise that we have already adopted the US legal billing methods.
Implementing Malpractice Insurance
The American Bar Association prescribes that if a lawyer does not
have legal malpractice insurance it is possible that victims of legal
malpractice will not have any legal recourse against a negligent legal
professional. If a lawyer does have legal malpractice insurance typically two
things can happen in a legal malpractice case. First, the legal professional's
insurance company will defend the client's former attorney against the

claims. Secondly, the insurance company will allot resources to pay the
client in the event that the defendant is found guilty of malpractice.12
In the Philippine legal setting, we do not have any recourse or insurance for
malpractice in the legal field. The only recourse of the aggrieved party is the
suspension of the lawyer or legal counsel responsible, and the suspension
shall depend on certain degrees according to the severity of his unlawful and
unsanctioned actions. If the aggrieved party wants to get the most of the
damages done toward his person, then he must file for civil action against
the lawyer or legal counsel involved in the predicament.
Economic Situation: Pressures on the Practice
The attorneys role in society was once sacred. The attorney was a
counselor, a confidant, the most respected members in the community. Over
time, the role of the lawyer has evolved, and societal changes, the economic
downturn, and other factors have forced the attorney to view the practice of
law less as a profession and more as a business.

13

There is increasing

acceptance that the law is a competitive business similar to other

professional services, e.g., finance and engineering. In-house attorneys are in
a position of control and some bring suspicion to the relationship, he said
cautioning that some in-house attorneys believe that their outside lawyers
are charging too much, inflating their bills or failing to explain all of the
known potential disadvantages.
The economic condition of a certain country can cause many lawyers to
pause and reflect upon their professions futurea future where many young
lawyers are struggling to find employment and success in an ever-changing
legal marketplace. Not only lawyers pause and reflect upon this, but also the
students of law in our country, whether they would pursue this strenuous
discipline or not, because of time, money, and effort that is needed.
What, then, can lawyers do to improve their chances of survival?
Developing critical leadership skills can provide a competitive advantage for
young attorneys entering into the new economy.

12 www.abanet.org/legalservices/lpl/insurance.html
13

http://www.reinhartlaw.com/services/buslaw/corpgovern/documents/art1111%20te.pdf

In the current situation of the legal profession, there is no doubt, that there
are limited job options for a graduate of law, in this case, are limited to
paralegals, legal assistants, and university professors. In the US,
Applications to law schools are down sharply plunging 38% just since
2010 hitting a 30-year low. To keep the quality of students from falling,
law schools have been cutting class sizes, and there are predictions that
some of the weakest law schools may begin to shut down. Slowly, the supply
of lawyers is likely to dwindle toward the demand for lawyers.14
It may be also the same for the Philippines. However, there is no evident
situation of an oversupply or decline of lawyers practicing their craft in this
country, only law students that stop in the course of their study of law.
Conclusion
The legal profession is in the midst of a dramatic transformation, and
it is not leading the rapid change that is occurring in the world. One of the
biggest differences in how lawyers will practice in the future, according to
resources cited in this report, is how lawyers value and price what they sell.
The first step is to understand that lawyers are selling knowledge, not legal
services or time.
Lawyers must not limit themselves into learning the different branches of
law alone. They must also have this drive to try different areas of learning.
New substantive areas that lawyers can pursue and offer as a niche to
innovative clients include renewable energy, coming sciences, atomic
energy, global health, and emerging economies, which they can also apply to
their respective profession.
The changes in the legal field must start with law school education. They
must train lawyers for real life practice challenges, teach entrepreneurial
skills, and visualize and realize a picture of employment opportunities, and
adapt to certain changes in the legal atmosphere.

14 http://ideas.time.com/2013/05/07/is-there-a-lawyer-bubble/