The Study and Practice of Law: A Philippine Experience

Anna Maria D. Abad ； Immanuel Anthony E. Meru

《律師法學期刊》 4期 (2020/06) Pp. 1-55

摘要

This paper attempts to encapsulate the legal profession in the Philippine setting, as well as to provide context to current situation and challenges faced by the same. It aims to give the discerning reader a sneak peek into the inner workings of the system, its peculiar circumstances and challenges, its recent trends, while at the same time attempting to provide ideas and suggestions for reforms in legal education and practice in the Philippines. In the first few sections, the authors provide a general description of the profession, the Philippine legal system in general, the lawyers who exercise it, and the students who aim to one day join their ranks. It also provides an outline on the process a student of law undergoes, from admission to a law school up to the Philippine Bar Examinations, the prior and current curriculum, clinical legal education, and the student practice rule. It also provides insight into the now-defunct Philippine Law School Admission Test (PhilSAT). Additionally, the authors write on what it is like to practice law in the Philippines, the initial and continuing requirements for the privilege for the same, as well as its restrictions, including current constitutional limitations on practice of law against foreigners, current workarounds, and current proposals on relaxing such restrictions. The next section talks about some of the legal organizations in the Philippines, including the Integrated Bar of the Philippines, the Philippine Bar Association, as well as some of the more specific legal organizations such as the Philippine Institute of Arbitrators, and the Intellectual Property Association of the Philippines. It also provides insight on lawyer discipline. Lastly, the authors offer information on recent developments to the Philippine legal system, as well as the effects of the recent COVID-19 pandemic to the academic year and the practice of law in general, and how it has forced or fast-tracked judicial reforms, and how it has gone online. It also provides some insight on the most recent amendments to the Rules of Court, and how it has incorporated technological advancements and adopted it to court processes. The authors then provide certain suggestions, particularly on how the bar exams may be conducted going forward, how litigation is to be done, and the potentially positive and negative effects of advances in technology on the practice of law, in general.

關鍵字

Philippines ； Philippine Legal System ； Philippine Bar Examinations ； Integrated Bar of the Philippines ； Philippine Legal Profession ； PhiLSAT