[MAKING THE GRADE] Profound meaning of the title of Attorney
Atty. Magi Gunigundo July 31, 2023 at 06:43 AMLawyers are vital in a constitutional republic that commands supremacy of individual liberties shielded by positive laws rooted from natural law expounded by Saint Thomas of Aquinas. It will be wise for citizens not well-versed in the myriad of state policies to seek the counsel of a lawyer in their fulfillment of obligations imposed by law, delict, quasi-delict, contract, quasi-contract and conscience. A good lawyer keeps a client out of costly, time-consuming and protracted litigation. And if legally enforceable rights are violated, the lawyer will stand in court to seek justice and relief for the lesion suffered by the client. The trust of a client, credibility in the eyes of the court and the community, and the competence to defend the client’s rights are indispensable for a lawyer to keep his oath. And for those who dream of becoming a lawyer someday, it is suitable to comprehend what does it take to become a lawyer because the title “attorney” has a profound meaning attached to it.
First, a person intending to be a lawyer needs to be a history buff. According to Judge Richard Posner, the profession of law is the most historically oriented or past-dependent of all the professions. By analogy, a lawyer is like a swimmer whose favorite stroke is the backstroke. Hence, a lawyer moves forward with his eyes looking at his six.
The legal profession honors tradition, precedents, pedigree of the concept, ritual, custom, ancient practices, texts and terminologies, wisdom that comes with age, seniority, and gerontocracy. It is obsessed with the origin and development of legal concepts, maxims, and doctrines. It is suspicious of innovation, discontinuities, and paradigm shifts. These ingrained attitudes are obstacles to anyone who wants to turn the law towards a more pragmatic direction that history should agree with. Therefore, young students bored with Araling Panlipunan, regardless of how well it is taught by the teacher, should consider other professions.
Second, those who want to be lawyers must have critical thinking skills as scaffold for higher order thinking: analyzing, integrating and synthesizing facts and jurisprudence in order to formulate theories, defenses and logical conclusions, and at the same time possessing good moral character.
After a four-year college degree, it will take another four years to get a Juris Doctor or JD (during my time , it was LLB or Bachelor of Laws ) in law school to be permitted to take the Bar exams. Law students contend with devouring three inches thick law books every semester and thousands of SC decisions to digest per law subject. And they are to survive classroom recitation, and a barrage of quizzes and exams of law instructors copycatting Prof Charles Kingsfield of Paper Chase. But once in a while law students get lucky to learn the law under a sensei adept with the strategies of Andragogy.
For the admission to be a candidate to the Bar, the Rules of Court not only prescribes an examination of academic preparation but requires satisfactory testimonies of disinterested individuals on the candidate’s good moral character. These standards are not waived and lowered after admission to the Bar. There is always a risk of suspension or removal from the Bar if a lawyer is proven to have violated the Code of Professional Responsibility and Accountability (CPRA)(A.M. No. 22-09-01-SC). Prominent lawyers such as Raul Gonzales, Homobono Adaza, Bonifacio Alentajan, Lorenzo Gadon, and Rose Beatriz Cruz-Angeles faced the discipline of the Supreme Court.
Being an attorney is a privilege given only to select people who have borne a lot of sacrifices, costs, perseverance and patience before the title can be added to one’s name. And to keep this title until the last moment of the attorney’s life, it is necessary for him or her to strive to live righteously and honorably and serve as a model of sobriety and good manners. This is the deep meaning of the title of attorney held by my father, grandfather, cousins and friends in the profession I fortunately belong to.
Atty. Magi Gunigundo is a former lawmaker, civil law instructor, and author of law books. He is also an education reformer and an advocate of anticipatory governance.