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PRO-BONO LAWYERS; HOW FAR THEY CAN GO FOR THEIR CLIENT’S CAUSE

WHAT IS PRACTICE OF LAW? The practice of law is a sacred and noble profession. It is limited to the persons of good moral character with special qualifications duly ascertained and certified. (Prieto vs. Corpuz, et al., A.C. No. 6517, December 6, 2006).

In Cayetano v Monsod the Supreme Court defined practice of Law as any activity, in or out of court which requires the application of law, legal procedure, knowledge, training and experience. To engage in the practice of law is to give notice or render any kind of service, which or devise or service requires the use in any degree of legal knowledge or skill (Cayetano v. Monsod, 201 SCRA 210).

It is a privilege granted only to those who possess the strict intellectual and moral qualifications required of lawyers who are instruments in the effective and efficient administration of justice. (In Re: Argosino, 1997).

WHAT IS PRO-BONO Pro-bono came from a Latin phrase “Pro bono publico” it means “for the good of the people," and it refers to legal services performed free of charge or at reduced fees for the public good. Pro bono cases and services leverage the skills of legal professionals to help those who are unable to afford lawyers.

A lawyer might also privately accept a case “pro bono,” meaning that she won't charge a client in need for her services, or she'll accept a significantly lower fee. A lawyer might also provide legal assistance to certain organizations that promote social causes, such as preventing domestic violence or even ecological issues.

One example that accepts pro bono cases are Public Attorneys Office (PAO), Integrated Bar of the Philippines (IBP), and even private law firms also accept pro-bono cases.

The Supreme Court enacted in 2018 AM No. 17-03-09 SC or known as “Community Legal Aid Service Rule” it noted that the legal profession is imbued with public interest.

New lawyers will be required to provide 120 hours of pro bono legal services to poor litigants, in keeping with the constitutional guarantee of “free access to the courts and quasi-judicial bodies.”

“As such, lawyers are charged with the duty to give meaning to the guarantee of access to adequate legal assistance under Article III, Section 11 of the 1987 Constitution,” it said. “As a way to discharge this constitutional duty, lawyers are obliged to render pro bono services to those who otherwise would be denied access to adequate legal services.”

The high court said lawyers are obliged to ensure people’s access to legal services “in an efficient and convenient manner compatible with the independence, integrity and effectiveness of the profession.”

The Office of the Bar Confidant and the Integrated Bar of the Philippines are tasked to oversee compliance with the rule, which gives new lawyers a year from signing the roll of attorneys to complete the 120 hours of free legal services, in criminal, civil and administrative cases. Public interest cases and legal issues that affect the society are also accepted.

Public Attorneys Office is also known for providing legal services pro bono. The Public Attorney's Office exists to provide the indigent litigants, the oppressed, marginalized, and underprivileged members of the society free access to courts, judicial and quasi-judicial agencies, by rendering legal services, counselling and assistance in consonance with the Constitutional mandate that "free access to courts shall not be denied to any person by reason of poverty" in order to ensure the rule of law, truth and social justice as components of the country's sustainable development. (http://www.pao.gov.ph./page.php?id=19)

The reality that not everyone can afford a lawyer and so a person can seek help from these organizations, he can go through Public Attorneys Office or the Integrated Bar of the Philippines to afford legal services.

GOVERNING LAWS CONCERNING PRO-BONO?

THE IMPLEMENTING RULES AND REGULATIONS OF A.M. No. 17-03-09-SC OTHERWISE KNOWN AS THE ―RULE ON COMMUNITY LEGAL AID SERVICE. Under Section 5

Pro bono legal services may be provided to the following

qualified parties and/or litigants under this CLAS Rules: (a) Indigent Parties and/or Litigants, as defined herein; (b) Other persons of limited means, as defined herein; (c) Individuals, groups, or organizations rendered unable to secure free legal assistance by reason of ―conflict of interest on the part of government-provided legal assistance through the Public Attorney’s Office (PAO), provided they are qualified under the means and merit tests under the NCLA guidelines or manual of operations. Provided further, in all legal aid cases of whatever nature, the PAO may invoke ―conflict of interest only in civil, criminal or administrative cases with several defendants/accused/ respondents having conflicting defenses. Provided finally, the giving of legal advice or the preparation of affidavits/ complaints/documents in any case shall not be a ground to invoke ―conflict of interest‖; and (d)Public interest cases that has societal impact and involves a group or sector of society that otherwise would not be capable of securing legal assistance by reason of inability of other lawyers, law firms, or government offices, including the Public Attorney’s Office.

The legal services covered are : (a) Representation of qualified parties and/or litigants, as defined, in the trial courts in civil and criminal cases and quasi-judicial bodies in administrative cases, including proceedings for mediation, voluntary or compulsory arbitration, and such other modes of alternative dispute resolution; (b) Legal counseling; (c) Developmental Legal Assistance, consisting of rights awareness, capacity building, and training in basic human rights, documentation, and affidavit-making, rendered in public interest cases, including legal assistance rendered by identified Public Interest Law Groups; (d)Legal services provided as

part of employment in the judiciary, executive, or legislative branches of government and in constitutional bodies shall be considered sufficient compliance with this Rule, provided that the covered lawyer must already be in said government service at least six (6) months before admission into the Bar (oath-taking); provided further, that the legal services provided are substantive, as certified by the concerned Head of Office whose rank must be at least Director IV or its equivalent. For purposes of this CLAS Rules, the said certification should state the actual number of hours and summary of the legal services rendered; (e) Legal services provided to marginalized sectors and identities, such as but not limited to: (i) urban poor or informal settlers; (ii) workers/laborers; (iii) overseas foreign workers; (iv) children in conflict with the law; (v) indigenous peoples; (vi) persons with disabilities; (vii) persons involved in gender issues; and (viii) those groups as may be approved by the IBP; (f) Attendance and participation in legal aid summits/conferences organized by the Integrated Bar of the Philippines National Office. Provided, however, that in no case the creditable hours shall exceed four (4) hours per seminar at the discretion of the IBP. (Section 6)

Covered lawyers shall, upon completion of the required 120 hours of free legal aid services, submit an Affidavit of Full Compliance and a notarized Certificate of Compliance to the OBC issued and signed by the chairperson of the IBP Chapter Legal Aid Committee, NCLA Director, or the chairman, director, or supervising partner or lawyer from the Accredited Legal Aid Service Provider where they are registered. (b) The concerned IBP Chapter may impose a reasonable fee for the issuance of the said Certificate of Compliance. Any fee for the notarization of the said certificate must likewise be reasonable. (c) Covered lawyers who obtained their certificates of compliance from the NCLA, a Host Chapter, or an Accredited Legal Aid Service Provider, as defined herein, should furnish a copy of the said

certificate to their respective IBP Home Chapters. The concerned IBP Home Chapter shall then issue the corresponding CLAS Compliance Number (Section 12)

The following however are exempted from the requirements of this CLAS Rules upon sufficient proof of their respective circumstances submitted with the OBC: (a) Covered lawyers in the executive and legislative branches of government [excluding local government units (LGUs), government-owned and controlled corporations (GOCCs), state universities and colleges (SUCs), local water districts , and other similar institutions] as well as in constitutional bodies, provided that the covered lawyer must already be in said government service at least six (6) months before admission into the Bar (oath-taking); (b) Those already employed, upon admission into the Bar, with the judiciary, the Public Attorney’s Office, the National Prosecution Service, the Office of the Solicitor General, the Office of the Government Corporate Counsel, and the Office of the Ombudsman shall be automatically exempt from compliance with this Rule. The concerned lawyers shall submit the necessary certificate of employment. Provided, however, that they shall undertake to remain in the government service for at least one (1) year from admission to the Bar. A violation of the said undertaking shall nullify their certificate of exemption; (c) Those who have already undergone and completed the clinical legal education program duly organized and accredited under Rule 138-A (The Law Student Practice Rule). Provided, that the service rendered was voluntary and not made to earn any academic units/credits; (d)Covered lawyers who have worked for at least one (1) year, upon admission to the Bar, in law firms offering pro bono legal services or regularly accepting counsel de oficio appointments; (e) Covered lawyers who have worked for more than one (1) year, upon admission to the Bar, as staff of a Law School Legal Aid Office, a Public Interest Law Group, or the Integrated Bar of the Philippines; and (f) Covered

lawyers who have worked with lawyers for Public Interest Law Groups or alternative or developmental law groups for more than one (1) year, upon admission to the Bar, and have filed public interest cases. For purposes, there must be certificate of employment and a certification stating the actual number of hours and summary of the legal services rendered. Within thirty (30) days from date of signing the Roll of Attorneys, any covered lawyer under this Section shall submit his/her sworn statement and Certificate of Exemption issued by the concerned office showing his/her entitlement to the exemption from the rule. Otherwise, the covered lawyer shall not be considered exempt from the Rule and, thus, he/she has to comply with this CLAS Rules. The said sworn statement/Certificate of Exemption shall state the details of the substantive legal services rendered including the number of hours spent, which shall not be less than 120 hours, and the summary of cases handled or legal services rendered. This provision shall be strictly construed against the exemption. (Section 8).

Republic Act 9999 which was enacted on February 23, 2010. The act is also known as Free Legal Assistance. It is a policy of the State to value the dignity of every human person and guarantee the rights of every individual, particularly those who cannot afford the services of legal counsel. State shall guarantee free legal assistance to the poor and ensure that every person who cannot afford the services of a counsel is provided with a competent and independent counsel preferably of his/her own choice, if upon determination it appears that the party cannot afford the services of a counsel, and that services of a counsel are necessary to secure the ends of justice and protect of the party.

In this act, the

lawyer or professional partnerships rendering actual free

legal services, as defined by the Supreme Court, shall be entitled to an allowable deduction from the gross income, the amount that could have been collected for the actual free legal services rendered or up to ten percent (10%) of the gross income derived from the actual performance of the legal profession, whichever is lower: Provided, That the actual free legal services herein contemplated shall be exclusive of the minimum sixty (60)-hour mandatory legal aid services rendered to indigent litigants as required under the Rule on Mandatory Legal Aid Services for Practicing Lawyers, under BAR Matter No. 2012, issued by the Supreme Court.

For purposes of availing of the benefits and services as envisioned in this Act, a lawyer or professional partnership shall secure a certification from the Public Attorney's Office (PAO), the Department of Justice (DOJ) or accredited association of the Supreme Court indicating that the said legal services to be provided are within the services defined by the Supreme Court, and that the agencies cannot provide the legal services to be provided by the private counsel. (Sec 4, RA 9999)

The Code of Professional Responsibility which governs the conduct and moral compass of a lawyer also provides Canon 14, that a Lawyer shall not refuse his services to the needy. A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de officio or as amicus curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid. (Canon 20 Rule 14.02 ) A lawyer may not refuse to accept representation of an indigent client : (a) he is not in a position to carry out the work effectively or competently; (b) he labors under a conflict of interest between him and the prospective client or between a present client and the prospective

client. Rule 14.04 that a lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients. (Under Canon 20 Rule 14.03)

Rule 16. 04 of the Code of Professional responsibility provides that: A lawyer shall not borrow from his client unless the client’s interest are fully protected by the nature of the case or by independent advice. Neither shall lawyer lend money to a client except, when the interest of justice, he has to advance necessary expenses in a legal matter he is handling for the client such as filing fees, stenographer’s fees for transcript of stenographic notes, cash bond or premium for surety bond and any other matter that he is handling for the client.

therein under Rule 1.0 that “A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man’s cause” it should

be read in connection with Rule 2.03 that “A lawyer shall not do or permit to be done any act designed primarily to solicit legal business”. These rules proscribes ambulance chasing or the solicitation of almost any kind of legal business by an attorney, personally or through an agent in order to gain employment. This two rules under the Code of Professional Responsibility is a measure to protect the community from Barratry and Champerty. (Linsangan v Atty. Tollentino, AC No. 6672)

Funding Litigation As long as litigation and access to the courts remain expensive, then anyone who has the right the stands in need of vindication should be able to obtain funding from anyone willing to offer it and on whatever terms is offered (Neumberger, From Barretry, Maintenance and Champerty to Litigation Funding, Speech at Gray’s Inn, May 8, 2013)