Economics of a law practitioner

By Farah G. Decano

           

LAWYERS are affected too by the economy.  The more vulnerable ones are those in private practice as solo practitioners.  Because the costs of maintaining offices, paying wages of staff and purchasing of equipment and supplies rests on the lone shoulders of these lawyers, some had to cling to transactions that may be considered unethical.  Worse, they become willing conspirators to illegal activities.

Years ago, a lawyer informed me that some officers and employees of government offices refer cases to their favorite lawyers in exchange for large commissions.  She is now a judge so I think she was not being a “Marites” when she narrated to me her exposure.  She also claimed that one famous solo practitioner attended court hearings almost every morning and afternoon due to this unethical practice.  I recounted this practice to my father and his response was, “Sa kanila na ang kaso.”  He also told me that lawyers should be known for their competence and not for their generosity in giving hefty commissions.

I could only laugh at the idea of accepting as many cases as one could have.  While having more cases means the observance of economies of scale as regards the costs of practice, lawyers are human beings and not machines.  Hence, they could only perform so much. There will come a time when diminishing returns will be exhibited – meaning, diminishing quality of service – which results to a disservice to justice.

It is also equally sad that lawyers are thought of as mere paid mouthpieces of their clients.  In these sorry situations, they are made to say or do whatever their clients want them to if the price is right.  Thus, they become mere spokespersons or agents.  Certainly, lawyering is much more than that.  As officers of the court, lawyers must be able to command respect in their dealings.  This means they should always observe what is just and lawful.  They cannot behave in a transactional manner where money is the prime mover of their actions.  Perhaps it is time to discard the mentality that lawyers are there to take advantage of others for the sake of their clients.  This makes for a cheap image of lawyers.

We do not belong to a profession that knows everything, either. I am amused that sometimes we are regarded as psychotherapists.  We listen to the woes of our clients including their personal lives that are no longer related to the case.  Sometimes we are asked questions about what medicines to take in case of illnesses and what businesses are best to invest money in.  This is an all-powerful image of a lawyer.

Word of honor is our currency in this profession.  On our oath, we verbally deal in good faith with fellow colleagues that we do what we say we will do. I like the way Atty. Nolan Evangelista, Atty. Edward Cham, and Atty. Paz Serafica-Cayabyab conduct themselves.  They deal squarely with their colleagues.  Walang lamangan or lokohan.  They also competently explain their cases to their clients as it is. No exaggerations.  No raising of expectations. I see them as colleagues and not paid law manipulators who brag to the public how they circumvent the law.

I am also seeing a lot of young idealistic lawyers nowadays. I am raising my hopes for Atty. Laarni Cabrera, Atty. McGuelvin Macaraeg, Atty. Marianne Andaya, and Atty. Margaret Jimenez.  I hope to know more from their generation.

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