Monday, January 28, 2008

Lawyering @ Century 21: Globalization, ICT and the Legal Profession

A Reaction by: Brenda Lyn Babao

We all live in a world of rational people. This rationality and intelligence paved the way to changes, changes from all around; changes in the way we live as a country, before and now. However, we should not limit ourselves to the changes within our locality and our country but also as we participate and interrelate ourselves with other countries, we should promote and welcome their developments and changes to become our own as well. The idea of competitiveness has escalated into a bigger and broader concept from the standpoint of an individual to himself, to his community, to his country, and to the world; that is becoming globally competitive.

Parallel to the advances in information and technology should also be developments in the legal profession. Apparently, there are a lot of issues concerning legal matters which we can’t further understand and perfectly deal with if we limit ourselves within the square box of the old school.

The legal profession is human service at the highest order. How can we serve our people better if we limit ourselves to simple traditional ways? The world is continually changing. In as much as a simple problem needs a simple solution, a complicated and complex issue should also be dealt accordingly with a complicated and well-designed formula. Excellent performance is excellent service.

I agree with Atty. Jose Victor V. Chan- Gonzaga. The practice of law should not be limited to appearances in the court during litigation only. Let me cut this line from his article. “The court liberally defined practice of law as an activity, in or out of court which requires the application of law, legal knowledge, training and experience”. Hence, we should liberalize the legal profession but in the most responsible way. While we allow legal transactions over the internet and the practice of law as any service rendered involving legal knowledge or skill to cope with the technological changes we have at present and we’ll deal with in the future, the true essence of legal service should not be waved. The fiduciary relationship between clients and lawyers should not be degraded into a mere contractual relationship.

We may change the perception of the practice of law to cope with technological changes in order to serve the common good, however, the true spirit of being ambassadors of justice and ambassadors of the law should never change with time. The concepts, the tactics, and the formula may change but the value of integrity in holding the profession should never be altered. We may promote technological changes to cope with technological advances that emerged out of globalization but the public, the court, and the client should remain adequately protected.

Let me quote Senior Associate Justice Josue. N. Bellosillo “We cannot afford to be left behind ensconced in our own private comfort zones and say that we will cross the bridge when we reach there. We do not always go where the path leads, we also go where there is no path and blaze a trail”.

Crossing the bridge of uncertainty is courage. It is personal growth. Building the bridge when there is none is service. Where there is no path and there is no bridge, let us make our mark and blaze the trail but never to forget the essentials of keeping the practice of law a hallowed profession and a commitment for human service.

Great Pacific Life vs. CA

  G.R. No. 113899,  October 13, 1999   FACTS: A contract of group life insurance was executed between petitioner Grepalife) and DBP. G...