Law Student RuleProblem Areas in Legal Ethics*

RULE 138-ALAW STUDENT PRACTICE RULESC Circular No. 19, prom. Dec. 19, 1986SECTION 1. Conditions for Student Practice. A law student who has successfully completed his 3rd year of the regular four-year prescribed law curriculum and is enrolled in a recognized law school's clinical legal education program approved by the Supreme Court, may appear without compensation in any civil, criminal or administrative case before any trial court, tribunal, board or officer, to present any indigent clients accepted by the legal clinic of the law school.*

LAW STUDENT PRACTICE RULESec. 2. Appearance. The appearance of the law student authorized by this rule, shall be under the direct supervision and control of a member of the Integrated Bar of the Philippines duly accredited by the law school. Any and all pleadings, motions, briefs, memoranda or other papers to be filed, must be signed by the supervising attorney for and in behalf of the legal clinic.

The phrase "direct supervision and control" requires no less than the physical presence of the supervising lawyer during the hearing.

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LAW STUDENT PRACTICE RULESec. 3. Privileged communications. The Rules safeguarding privileged communications between attorney and client shall apply to similar communications made to or received by the law student, acting for the legal clinic.*

LAW STUDENT PRACTICE RULESec. 4. Standards of conduct and supervision. The law student shall comply with the standards of professional conduct governing members of the Bar. Failure of an attorney to provide adequate supervision of student practice may be a ground for disciplinary action.*

Rule 138 (RRC) Sec. 34Rule 138 (RRC) Sec. 34. By whom litigation conducted. - In the court of a justice of the peace a party may conduct his litigation in person, with the aid of an agent or friend appointed by him for that purpose, or with the aid of an attorney. In any other court, a party may conduct his litigation personally or by aid of an attorney, and his appearance must be either personal or by a duly authorized member of the bar. *

The phraseIn the court of a justice of the peacemeans: The phrase In the court of a justice of the peace in Bar Matter No. 730 is subsequently changed to In the court of a municipality as it now appears in Section 34 of Rule 138, thus: SEC. 34.By whom litigation is conducted. In the Court of a municipality a party may conduct his litigation in person, with the aid of an agent or friend appointed by him for that purpose, or with the aid of an attorney. In any other court, a party may conduct his litigation personally or by aid of an attorney and his appearance must be either personal or by a duly authorized member of the bar.

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The term "Municipal Trial Courts" as used in these Rules shall include: 1. Metropolitan Trial Courts, 2. Municipal Trial Courts in Cities, 3. Municipal Trial Courts, and 4. Municipal Circuit Trial Courts. *

Reconciling the 2 rulesThere is really no problem as to the application of Section 34 of Rule 138 and Rule 138-A. In the former, the appearance of a non-lawyer, as an agent or friend of a party litigant, is expressly allowed, while the latter rule provides for conditions when a law student, not as an agent or a friend of a party litigant, may appear before the courts. - Cruz v. Mina GR no. 154207 April 27, 2007*

BAR MATTER NO.730 June 13, 1997For the guidance of the bench and bar, we hold that a law student appearing before the Regional Trial Court under Rule 138-A should at all times be accompanied by a supervising lawyer. *

Law student can appear without supervision of a lawyerThe rule, however, is different if the law student appears before an inferior court, where the issues and procedure are relatively simple. In inferior courts, a law student may appear in his personal capacity without the supervision of a lawyer.

Thus, a law student may appear before an inferior court as an agent or friend of a party without the supervision of a member of the bar.*

Caution when one act as his own attorneyThis provision means that in a litigation, parties may personally do everything during its progress -- from its commencement to its termination. When they, however, act as their own attorneys, they are restricted to the same rules of evidence and procedure as those qualified to practice law; otherwise, ignorance would be unjustifiably rewarded. Individuals have long been permitted to manage, prosecute and defend their own actions; and when they do so, they are not considered to be in the practice of law. "One does not practice law by acting for himself any more than he practices medicine by rendering first aid to himself. Maderada v. Judge Mediodea, A.M. No. MTJ-02-1459. October 14, 2003*

Appearing as his own attorney is not practice of lawClearly, in appearing for herself, complainant was not customarily or habitually holding herself out to the public as a lawyer. Neither was she demanding payment for such services. Hence, she cannot be said to be in the practice of law. - Maderada v. Judge Mediodea, A.M. No. MTJ-02-1459. October 14, 2003The law allows persons who are not lawyers by profession to litigate their own case in court. The right of complainant to litigate her case personally cannot be taken away from her. - Maderada v. Judge Mediodea, A.M. No. MTJ-02-1459. October 14, 2003

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UNAUTHORIZED PRACTICE OF LAWCANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW.

Rule 9.01 - A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the bar in good standing.

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Threefold rationale behind the Law Student Practice Rule1. to ensure that there will be no miscarriage of justice as a result of incompetence or inexperience of law students, who, not having as yet passed the test of professional competence, are presumably not fully equipped to act a counsels on their own;2. to provide a mechanism by which the accredited law school clinic may be able to protect itself from any potential vicarious liability arising from some culpable action by their law students; and3. to ensure consistency with the fundamental principle that no person is allowed to practice a particular profession without possessing the qualifications, particularly a license, as required by law.

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Presiding judge has no discretionThe matter of allowing a law student to appear before the court unaccompanied by a supervising lawyer cannot be left to the discretion of the presiding judge. The rule clearly states that the appearance of the law student shall be under the direct control and supervision of a member of the Integrated Bar of the Philippines duly accredited by law schools. The rule must be strictly construed because public policy demands that legal work should be entrusted only to those who possess tested qualifications, are sworn to observe the rules and ethics of the legal profession and subject to judicial disciplinary control. - BAR MATTER NO. 730 June 13, 1997*

Appearance of a law student in inferior courts does not require supervision of lawyerFor relatively simple litigation before municipal courts, the Rules still allow a more educated or capable person in behalf of a litigant who cannot get a lawyer. - Bulacan v. Torcino, G.R. No. L-44388 January 30, 1985The rule, however, is different if the law student appears before an inferior court, where the issues and procedure are relatively simple. In inferior courts, a law student may appear in his personal capacity without the supervision of a lawyer. - BAR MATTER NO. 730 June 13, 1997A law student may appear before an inferior court as an agent or friend of a party without the supervision of a member of the bar. - BAR MATTER NO. 730 June 13, 1997*

The respondent alleges that the complaint is irregular as it was signed not by the plaintiff but by one who was not a member of the bar and who designated himself merely as "Friend counsel for the Plaintiff." The appellants argue that the municipal court did not acquire jurisdiction over the case. They invoke Section 5, Rule 7 which states that [SEC. 5. Signature and address] [e]very pleading of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated. A party who is not represented by an attorney shall sign his pleading and state his address.

DECIDE.*

Held:Under the facts of this case, however, the applicable provision is Section 34, Rule 138 of the Rules of Court which states: SEC. 34. By whom litigation is conducted. In the Court of a municipality a party may conduct his litigation in person with the aid of an agent or friend appointed by him for that purpose, or with the aid of an attorney. In any other court, a party may conduct his litigation personally or by aid of an attorney and his appearance must be either personal or by a duly authorized member of the bar.

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Supervising lawyer should be the one to sign the pleadingsRule 7 (RRC) Section 3. Signature and address. Every pleading must be signed by the party or counsel representing him, stating in either case his address which should not be a post office box.

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Signing amounts to certification of lawyerRule 7 (RRC) Section 3. xxx The signature of counsel constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay.

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Effect of unsigned pleadingsRule 7 (RRC) Section 3. An unsigned pleading produces no legal effect. However, the court may, in its discretion, allow such deficiency to be remedied if it shall appear that the same was due to mere inadvertence and not intended for delay. Counsel who deliberately files an unsigned pleading,xxx, shall be subject to appropriate disciplinary action. *

Can a third year law student appear as private prosecutor in a criminal case and within the jurisdiction of the inferior court?The petitioner, describing himself as a third year law student, justifies his appearance as private prosecutor on the bases of Section 34 of Rule 138 of the Rules of Court. The petitioner furthermore avers that his appearance was with the prior conformity of the public prosecutor and a written authority of Mariano Cruz appointing him to be his agent in the prosecution of the said criminal case.The MeTC denied permission for petitioner to appear as private prosecutor on the ground that Circular No. 19 (1997) governing limited law student practice in conjunction with Rule 138-A of the Rules of Court (Law Student Practice Rule) should take precedence over the ruling of the Court laid down in Cantimbuhan (1983).*

Held:Petitioner expressly anchored his appearance on Section 34 of Rule 138. The court a quo must have been confused by the fact that petitioner referred to himself as a law student in his entry of appearance. Rule 138-A should not have been used by the courts a quo in denying permission to act as private prosecutor against petitioner for the simple reason that Rule 138-A is not the basis for the petitioners appearance. Section 34, Rule 138 is clear that appearance before the inferior courts by a non-lawyer is allowed, irrespective of whether or not he is a law student. As succinctly clarified in Bar Matter No. 730, by virtue of Section 34, Rule 138, a law student may appear, as an agent or a friend of a party litigant, without the supervision of a lawyer before inferior courts.*

Thanks for your listening!*

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