Scribd
Upload
58 views5 pages

Legal Profession Cnapter 7 Report

Law students who have completed their third year of law school and are enrolled in a clinical legal education program approved by the Supreme Court may represent indigent clients without compensation under the supervision of a licensed attorney. The supervising attorney must be physically present during hearings and is responsible for oversight of the law student. Any documents filed must be signed by the supervising attorney. Law students must comply with professional conduct standards and attorneys can face discipline for failing to adequately supervise students. In inferior courts where issues are simpler, law students may appear without an attorney to assist parties.

Uploaded by

Clinton Villaflor
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
58 views5 pages

Legal Profession Cnapter 7 Report

Law students who have completed their third year of law school and are enrolled in a clinical legal education program approved by the Supreme Court may represent indigent clients without compensation under the supervision of a licensed attorney. The supervising attorney must be physically present during hearings and is responsible for oversight of the law student. Any documents filed must be signed by the supervising attorney. Law students must comply with professional conduct standards and attorneys can face discipline for failing to adequately supervise students. In inferior courts where issues are simpler, law students may appear without an attorney to assist parties.

Uploaded by

Clinton Villaflor
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
You are on page 1/ 5

LAW STUDENTS PRACTICE

Prepare by Dave Nicholas Casal


Legal Profession

RULE 138-A

Section 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 represent indigent clients accepted by the
legal clinic of the law school.

Section 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.

Section 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.

Section 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. (Circular No. 19, dated December 19, 1986).

REQUIREMENTS

He must have successfully completed his 3 rd year of the regular four-year curriculum.

He must be enrolled in the clinical legal education program as approved by the Supreme court in a
recognized school.

His appearance must be pro bono or one without compensation.

His clients should be indigents (poor or needy) who have been accepted by the legal clinic of the law
school.

His appearance must be at all times be accompanied and supervised by a supervising attorney who is
accredited by the law school concerned.

IMPORTANCE OF THE
SUPERVISING ATTORNEY
Direct supervision and control requires no less than the physical appearance of the supervising lawyer during
the hearing. This is to:

Ensure that there will be no miscarriage of justice as a result of incompetence or inexperience of law
students, who, not having yet passed the test of professional competence, are presumably not fully
equipped to act as counsels on their own.

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.

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.

The rule clearly states that the appearance of a law student shall be under the direct control and supervision
of a member of the integrated bar of the Philippines duly accredited by the law school.

RULE REGARDING INFERIOR


COURTS
In inferior courts, where the issues and procedures are relatively simple, the student may appear in his
personal capacity without the supervising lawyer.

RULE 138 section 34


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 the 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.
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.

You might also like