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Lawyer by Choice

(As submitted to be part of “Testimonials” of the ARROWS yearbook)

Life is all about choices. A lot of people would want to be a lawyer but only a few will make it. Many would say that being a lawyer was their childhood dream. Some would only follow the steps of their parents or relatives. Others are being driven to become a lawyers by their parents. To a selected few, being a lawyer is a calling. Yet, whatever reason one should become a lawyer, the choice is a requirement. One must choose to become a lawyer.

Law school is no different. The choice of school likewise matters. To be a successful lawyer, one must rise from the education, training, and discipline of a good law school. While some law schools appear to be better than the others, it’s really more because of the kind of students who underwent the rigorous preparations of becoming a member of the noble law profession. But the training is the same. Books and cases are the same. Arellano University School of Law (AUSL) should also be the same. To be first among equals, one must choose to become first.

I choose to be a good lawyer; and I have chosen AUSL to make it happen.

 

 
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Posted by on August 7, 2017 in Personal

 

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LAW, YER OATH

oathI, JESSIE SALVADOR, do solemnly swear, that I’ll maintain allegiance to my wife Rhea; I will support our union, and obey the laws as well as the legal orders of the duly constituted family that we have; I will do no falsehood, nor consent to the doing of any in our relationship. I will not wittingly or willingly court or flirt with any other woman but her and her alone, nor give way or chance to consent to the same; I will defray no woman of affection or malice, and will conduct myself with overwhelming extra-ordinary diligence of a good father of a family, as well to my spouse Rhea as to my children; and I impose upon myself these voluntary obligations without any mental reservation or purpose of evasion. So help me God.

 
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Posted by on December 15, 2013 in Love and Relationships, Personal

 

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What Valentines Day Would Mean to Lawyers?

i-love-lawyers

I am not a lawyer – certainly not yet. But just wondering and just thinking, how do lawyers celebrate this day? I may have some idea springing from my experience as a law student.

Suppose there is a class today in one major subject, like Remedial Law, Political Law, etc. which the professor calls the “big day” or a “make or break” recitation to make up in your class standing. The professor is well known for giving bad grades for recitation when someone is called and absent. You know for a fact that he calls everyone  in at least one round per meeting. You have been terribly making unsatisfactory answers in the last three meetings. You flunked the midterm exams. You need some grades to catch up. But it is also Valentines Day. You need make up with your girlfriend because you have not yet seen each other at least personally since the midterm exams. You feel that she is in the verge of give you up. You love her so much that it’s like waiting for a lifetime just to be with her. What would you do? Would you choose to study for the big-day?

Terrible, isn’t it? Just kinda thinking of a parallel scenario with lawyers.

There are court hearings today. You have at three clients set for hearing the whole day and three clients set to meet after dark. The cases were all critical. The clients were all prominent figures who might give you the break you need. But you also wanted to make up for your wife and treat her for this special day. You kids will be home early because it is exams week for them and they are dismissed early. What would be your choice?

Things like that are what we call “flavors of life”. People are so attached to so many things. They forgot the most fundamental of all – life. Will the kind of decision we make give us life? Yes. And it does matter a lot. Choosing between “live to work” or “work to live” is irrelevant. You still had to choose from living and working. Living is not actually a choice, as well as dying. We may choose how we live or die, but it is not for us if we live and definitely not for us to defer death.

To a (soon to be) lawyer, Valentines Day is an ordinary day for extra-ordinary persons. The critical choice one has to make is “who would that “extra-ordinary or special person” he would want to be with? Some may say “celebrate later”, or “it’s just for teens or youth”. Why? Have lawyers surrendered their youth and enthusiasm?

For me, I will have to spend my time, no matter how slim and narrow, with my wife and family. As most law student and lawyers know, the Family Code emphasizes the permanent nature of marriage hailing it as the foundation of the family. It is this inviolability which is central to our traditional and religious concepts of morality and provides the very bedrock on which our society finds stability.Marriage is immutable and when both spouses give their consent to enter it, their consent becomes irrevocable, unchanged even by their independent wills. (Melcampo-Sin vs. Sin, G.R. No. 137590, March 26, 2001). The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State. (Constitution, Article XV, Sections 1 and 2). So the choice should have been simple had we gone through the basics.

Lawyers should not choose between law and love. They are one and the same. But should they be different according to the circumstance, one should choose love. You can never go wrong.

And now these three remain: faith, hope and love. But the greatest of these is love. (I Corinthians 13:13)

 
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Posted by on February 14, 2013 in Love and Relationships

 

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Legal Ethics: Basic Definition of Terms

Abogado – Other term synonymous with the title of attorney, counselor-at-law, counsel, and etc. generally appearing, prosecuting, and defending in the courts. (also Boceros)

Advocate – The general and popular name for a lawyer who pleads on behalf of someone else or else’s cause. He is a person learned in the law and duly admitted to practice.

Attorney – The titles given to those who, after having obtained the necessary degree in the study the law and successfully hurdled the bar examinations, have been admitted to practice law.

Attorney ad hoc – He is the person, a lawyer in that sense, named and appointed by the court to defend an absentee defendant in the suit in which the appointment is made.

Attorney-at-Law – Class of persons who are by license, officers of the courts, empowered to appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence.

Attorney-in-fact – He is an agent whose authority is strictly limited by the instrument appointing him. It can be anyone not necessarily a lawyer.

Attorney of Record – The attorney whose name, together with the address, is entered in the record of the case as the designated counsel of the party litigated in the case and to whom judicial notices relative thereto are sent.

Amicus curiae – Literary means a “Friend of the Court” and an experienced and impartial attorney invited by the court to appear and help in the disposition of the issues submitted to it.

Bar Admission – Refers to the process of qualifying a person to be admitted in the Integrated Bar to practice law. It involves among others, the passing the bar, taking of Lawyer’s Oath and signing the Rolls of Attorneys.

Bar Association – An association of the members of the legal profession such as the Integrated Bar of the Philippines (IBP) where membership is integrated or compulsory.

Barrister – A person entitled to practice law as an advocate or counsel in superior courts.

Boceros – see Abogado.

Counsel – An officer of the court who is associated in the management of a particular case, or who acts as a legal adviser in reference to any matter requiring legal knowledge and judgment.

Counselor-at-Law – One retained by a party in a cause of action to conduct the same on its trial on his behalf.

Champertous contract – It is when the lawyer stipulates with his client that in the prosecution of the case, he will bear all the expenses for the recovery of things or property being claimed by the client and the latter agrees to pay the former a portion of the thing/property recovered as compensation. Champertous contracts are prohibited as they are against public policy and ethics of the profession.

Charging lien – It is the equitable right of an attorney to have fees and cost due to him for services in a particular suit secured by the judgment or recovery in such suit.

Contingent contract – Also referred to as contingent fee contract, is often the only way by which the poor and helpless can have their rights vindicated and upheld, in the sense that the lawyer is being paid on success basis.  Such contract for contingent fee is not prohibited under Article 1491 of the New Civil Code and Canon 13 of the Canons of Professional Ethics.

Counsel de – It may be a “counsel de officio” or “counsel de parte”. The former is an attorney appointed by the court to defend an indigent defendant in a criminal action or to represent a destitute party in a case. The latter is a private counsel, secured by him, without intervention of the government (at his own will and choice).

Of Counsel – An experienced lawyer, usually a retired member of the judiciary, employed by law firms as consultant.

Lawyer – This is a general term for a person trained in law and authorized to advise or represent others in legal matters.

Practice of Law – It is any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training, and experience. Generally, to practice law is to give notice or render any kind of service which device or service requires the use in any degree of legal knowledge or skills. (Cayetano vs. Monsod, 201 SCRA 210)

Retaining lien – It is the right of an attorney to retain possession of a client’s documents, money or other property which comes into the hands of the attorney professionally until a general balance due to him for his professional service is paid.

Solicitor – A government lawyer attached with or is under the Office of the Solicitor General.

 
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Posted by on August 16, 2012 in Legal Ethics

 

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