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Carvajal, Kim Apple S. Legal Counseling 3E

A Report on the Engagement and Observation in the Public Attorneys Office

Introduction

In a country where there is a prevalence of injustice an ine!uality of the rich an

the poor there is a great relief in the service provie "y the #u"lic Attorney$s %ffice

A%'.

(he #owers an )unctions #u"lic Attorney$s %ffice formerly *nown as the

Citi+en$s Legal Assistance %ffice accoring to Section -A of epu"lic Act /01, 2(he

#A% shall inepenently ischarge its manate to rener, free of charge, legal

representation, assistance, an counselling to inigent persons in criminal, civil, la"or,

aministrative an other !uasi-juicial cases. In the eigency of the service, the #A%

may "e calle upon "y proper government authorities to rener such service to other

persons, su"ject to eisting laws, rules an regulations.4 (his is a significant

consieration to the inigent )ilipino Citi+ens. )inally, there is a legal recourse availa"le

for them.

(he #A% office of 5anila is foun in an o"scure "uiling, one woul not even

notice its eistence. 6e went on a "usy 5onay an were welcome "y the #A%

lawyers an staffs with warm smiles. As we entere the office we were assiste "y the

interns an were irectly place uner the supervision of Atty. 7oy 8inay. 6e were

lecture as to the guielines that must "e o"serve uring our engagement an

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o"servation in the office. All present lawyers were introuce to us an we su"mitte

our letter of intent to their 9ea in the 5anila :istrict %ffice.

Specific Guidelines to be Observed

As visiting law stuents who are acting as interns uring that ay, we have "een

given several guielines "efore we starte the counselling session with the clients. )irst,

we were mae to unerstan the functions an the power of #A%. Secon, we were

informe that all #A% lawyers are specifically esignate in ifferent courts an cases

&ie )amily Courts'. (hir, we were informe that "efore a #A% lawyer can assist a client,

such iniviual must procure a certificate of inigency. Lastly, we must o"serve

confientiality uring the legal counselling session.

Actual Legal Counseling

(he first case that we encountere was a"out a Chinese woman who is see*ing

relief in the change of her surname in her "irth certificate an her mother$s missing "irth

certificate. As o"serve, the #A% Lawyer, Atty. 8inay first remine the client that in the

a"sence of a vali certificate of inigency, she can only eten a legal opinion "ut not

any representation in the future court proceeings. Afterwars, she as*e the client to

narrate the circumstances that are within her ilemma. Atty. 8inay then iscusse that

there will "e ifference as to which law will "e applica"le epening on when her

mother was "orn an when she was "orn. 6e were as*e as to which law will "e

applica"le an we answere it correctly. Atty. 8inay also as*e for the ocuments that

are availa"le so she can eamine an assess which woul "e the proper actions shall

"e mae. Atty. 8inay showe a great amount of patience an unerstaning with regar

to the persistent an reunant !uestions of the client who clearly is confuse with the

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proceeings. As a result, the client then unerstoo the situation of the "irth certificate

of her mother in connection to the issue of hers. After the client left, Atty. 8inay willingly

eplaine to us the "asis of her legal avice to the client which ae to our *nowlege

as law stuents. :ay "y ay, there$s multitue of cases "eing hanle "y #A% lawyers ,

ifferent clients, ifferent su"jects there"y one must "e a"le to ma*e a !uic* recall of all

the su"jects ta*en in law school.

(he net case involves two sisters who as*e for a legal avice regaring the

remaining e"t of their father. (he surviving heirs mae a contention that since their

father is alreay ea, they are no longer entitle to pay his e"ts. Atty. 8inay however

eplaine that they are entitle to satisfy the e"ts of their father "ecause the eath

oes no etinguish the lia"ility of the eceent. (he women "ecame a little agitate

upon hearing the sai rule, they *ept on efening their position with so much attitue.

(he conversation "ecame a little tense "ecause Atty. 8inay has "een trying her "est to

eplain calmly however the women are a insisting their point. In the en, with the worthy

composure of Atty. 8inay an her patience with the clients, they finally unerstoo the

status of the e"t. (hey smile an were grateful of the legal help that the #A% lawyer

etene. (hey came all the way from 8ulacan an was as*e if in any case, they may

consult the one nearest to their resience so that they will not have a har time in

visiting the #A% office provie of course they comply with the re!uirements.

6e were impresse as to how Atty. 8inay was a"le to hanle the sai clients in

such a very well-mannere why. 9er legal counselling metho is inee compliance to

those "eing mentione in the Coe of #rofessional espons"ility. She is a perfect

eample of a #A% Lawyer espite the pressure that is within her clients.

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Substantial Learning in Legal Counseling

(hrough the courses of iscussion an through our engagement with #A% we

have learne several things in the fiel of legal counselling. It is a re!uirement that upon

the process of legal counselling, the lawyer must first allow the client to esta"lish the

anteceent facts, present all ocuments an enumerate all present circumstances. (he

lawyer must ehi"it a high egree of unerstaning towars the client who may not "e

fully aware of the legal jargons use. (he lawyer must translate the necessary legal

terms to the client in a way which they will have full grasp of the legal opinion. If face

with contraictions from the client, the lawyer must eercise patience towars them. 6e

were tol "y Atty. 8inay that we shoul stan our groun in elivering our legal opinion

an that we shoul not let the clients ta*e over the conversation so that they woul

respect your legal avice. Staning your groun oes not mean that one woul "e

isrespectful to your client. It is also important to gain the trust of your client so that they

will "e a"le to confiently impart the legal pro"lem. 8eing a lawyer practicing to give ai

to the pu"lic is not an easy tas*, however through the eperience we ha I am

convince that after passing the "ar I will "e a #u"lic Attorney.

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