Lawyering refers to what it is that lawyers do.

It includes the practice of law,

duties, functions or skills of a lawyer. The literature identifies what are generally
accepted to be the fundamental lawyering skills such as problem solving, legal
analysis, legal research, factual investigation, communication, counselling,
negotiation, and litigation and alternative dispute resolution.

Lawyering often focus on the work of criminal lawyers (both prosecution and
defense), barristers, and lawyers who work for large, well-resourced firms. The
reality, however, is that lawyering is much wider than this. Lawyers may be
barristers or solicitors or both; they may work in large firms, or as sole practitioners;
they may work as in-house counsel or government lawyers; they may be generalists
or specialists; work for the underprivileged or for the elite; work in one of the major
cities, or in regional or rural practice.

Lawyering has its characteristics which can be based from literature. First, it is
client-centered, rather than directive. The autonomy of the client is seen to be of
prime importance, so the lawyers role is facilitative, collaborative and evaluative,
generating legal options for the client. Second, rather than being focused on
adversarial solutions to the problem, it will look to a range of problem-solving
methods, including alternative dispute resolution options. The lawyer is a creative
problem solver, empathizes with the client, is conscious of the clients needs, and
displays fidelity to the pursuit of a solution to the clients problem rather than a
concern to win at all costs.

In the Philippine context, lawyering for the poor means lawyering for the peasants,
workers, urban poor, small fisher folk, indigenous peoples, and migrant workers who
comprise the overwhelming majority of our people. The Philippine legal system
serves the poor in two ways. The first is through traditional legal aid or free legal
assistance to indigent litigants, a practice introduced by our Spanish and American
colonizers along with their legal systems. The second is through human rights
lawyering or public interest law practice. Sometimes it is also called alternative law
practice, to distinguish it from traditional law practice.

Traditional legal aid or legal aid to indigent litigants is a feature of the legal
system introduced by colonial powers (Spanish and Americans). The Philippine
Constitution defines the rights of poor litigants to adequate legal assistance in the
following emphatic terms: Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any person by reason of poverty
(Article III, Section 11). This is a strong constitutional mandate both to the
government and to the lawyers' organizations in the country. Pursuant to this
mandate, the Department of Justice maintains a bureau called Public Attorneys'
Office which renders free legal assistance in almost all courts in the country.

Alternative or developmental lawyering is the practice of law fundamentally for

individuals, communities and sectors that have been historically, culturally and
economically marginalized and disenfranchised. Alternative lawyering is indeed a
pragmatic tool in developing a society inextricably linked with structures governed
by law. An increase in the number of alternative lawyers is indispensable in
achieving social justice and empowerment among the grassroots.

Public interest law practice is also lawyering for the poor, just like traditional
legal aid. The fundamental difference is that the peoples lawyers extend legal
services to the poor not merely because the client cannot afford to pay legal fees,
but because the clients' poverty and the injustice committed against them result
from a social system that needs to be changed. Commitment to social change is
therefore an essential component of their legal services.

Unlike the typical pro bono lawyer, the peoples lawyers do not limit themselves to
the generally accepted interpretation and use of the law to uphold and protect their
clients interest. They know that in an elite-dominated society, the law is merely the
expression of elite interests. Instead, they take a critical view of the law and what
the law should be from the perspective of the disenfranchised or marginalized
client.

Unlike the traditional practitioner who pleads the client's cause during adversarial
proceedings with the cold neutrality of a skilled legal technician, the peoples
lawyers fight with passion and dedication to the legal as well as the social cause of
the client, pleading such cause in and outside the courtroom or legal fora, in
dialogues and negotiations, in networking and building alliances, in street rallies, in
media, in legislative inquiries and hearings, and in symposia and conferences.

The peoples lawyers emerged as a response to these social inequities, particularly

human rights abuses, and to the aspirations of the poor for a just and humane
society. The peoples lawyers derive their mandate from the poor peoples struggle
for justicenot from the government, not from the law, and certainly not from selfish
material agenda. The peoples lawyers give premium to social justice and
meaningful reforms over and above their personal interests and material agenda.

The work done by public interest lawyers covers a broad range of activities. For
some people, the type of work/the way they work is one of the most critical
components of job satisfaction. The following are examples of types of work that
public interest lawyers might do.

Administrative Advocacy Civil Litigation

Administrative / Management Class Action

Advice-Only Phone Line Client-Based

Alternative Dispute Resolution Community Education

Appellate Litigation Community Organizing

 Community Outreach Impact Litigation

Enforcement Individual Cases

Factual Investigation


Some basic principles that guide the peoples lawyers:

1. Peoples lawyers should involve themselves in causes, cases, and issues that
fundamentally affect the lives of a large number of people, usually a sector of
society or even the whole society itself.
2. We must bear in mind that these issues arose from a conflict of rights or
interests and from the exploitation and oppression of the numerous poor by
the tiny privileged sector and/or government policies or programs.
3. Unlike the traditional lawyer, the peoples lawyers view the legal issue in the
larger context of social problems.
4. The peoples lawyers initiate and assist in a process whereby the issue is
utilized for organizing and raising the social awareness, unity, and militancy
of the people and those who support their cause.
5. The legal battle is not confined to the courtroom. Peoples lawyers employ
creative forms of collective action, mobilizing and utilizing the peoples
strength, unity, and militancy, bringing the issues to the public, and rallying
support for the clients cause.
6. The peoples lawyers interact with clients in a mutually beneficial way, such
that they learn or deepen their commitment to the clients struggle for the
empowerment and betterment of their lives. The relationship is broadened
from a mere professional one to a unity of understanding of the problems of
society, the common goals for fundamental reforms, and the role of the
peoples struggles.

A Paralegal is a person qualified through education and training to perform

substantive legal work that requires knowledge of the law and procedures but
who is not a qualified solicitor, barrister or chartered legal executive.
Paralegals may work for, or be retained by solicitors within the legal
profession or they may work within a legal environment within commerce,
industry or the public sector. Paralegals can now offer legal services directly
to their own clients provided they have a Practising Certificate.

Paralegals, like paramedics or bare foot doctors, provide first legal aid to
ordinary people. This can be anything from informing them about the law and
court procedures to advice and assistance with legal problems. Why not use a
lawyer? Lawyers are city-based. Most poor people live in rural areas and
cannot access their services. The Legal Aid systems that exist are limited in
terms of manpower and resources. The needs of many poor people are
simple and do not require expert legal opinion or formal representation. A
trained paralegal can assist with most of the ordinary conflicts with which
ordinary people come into contact on a daily basis. More serious and complex
matters can be referred to the legal profession, some of whom offer their
services for free. Is paralegalism something new? No. Paralegals have been
around for a long time though perhaps called by other names. Traditionally,
 they have been respected and trusted members of the community offering
advice and assistance on a range of issues including: inheritance, land and
matrimonial matters. They do not represent people in court, nor charge a fee
for their services. The PAS aims to reach as many people as possible in need
of their services. Accordingly they target groups of people in prison awaiting
trial (through paralegal aid clinics (PLCs), adults and young people in police
stations (at interview where they are most vulnerable), and members of the
public, witnesses and accused persons at court. In short, they offer an
immediate and effective service on the front-line of the criminal justice
system

Within the legal profession, solicitors have always relied upon their
unadmitted support staff and could not operate effectively without them.
Paralegals are important members of the legal team, playing key roles in the
legal process. The work that Paralegals undertake is quite often virtually
indistinguishable from that undertaken by the Solicitors who employ them.

However, Paralegals have, in recent years, taken on a new significance with

the virtual eradication of Legal Aid, meaning that Consumers are unable
to afford the fees of solicitors. Consequently, there is an increasing demand
for less costly access to justice, and well trained and qualified Paralegals with
experience are filling this gap. Paralegals are truly the 'Fourth Arm of The
Legal Profession'.

It is essential that Paralegals strive for personal and professional excellence.

They should possess integrity, professional skills and dedication to the
improvement and expansion of the Paralegal role in the delivery of legal
services. The importance of this can be seen from the relevant statistics.
Whereas there are some 130,000 (plus) practising solicitors there are
estimated to be over 200,000 unadmitted staff who carry out direct 'fee
earning' work in law firms or work in legal environments of companies or
are sole paralegal practitioners. Some maybe trainee chartered legal
executives, but the rest are, by definition, 'Paralegals' - the largest sector of
the legal profession.

Graduating with a Law Degree (the academic side of learning the Law) does
not necessarily mean a person is qualified to do paralegal work. Further
training is required to gain knowledge of the practical and procedural side of
the profession.

For law graduates who have not been able to afford the LPC, or obtain a
training contract, an alternative career as a Professional Paralegal can
provide many opportunities, including the possibility of working for yourself
as a paralegal practitioner providing you meet the eligibility requirements.
 Many organisations within commerce and industry need and benefit from
employees who have a broad knowledge of law and procedure together with
an expertise applicable to their particular sector. Paralegals can, therefore, be
seen working in areas such as Financial Services, Insurance, Banking, Building
Societies, the Retail Sector, Credit Control, Export, Entertainment and the
Media, NHS etc. In the Public Sector are Government Departments, Local
Authorities, Court and Tribunal Staff, Welfare, the Probation Services, Social
Services, the Police. In these areas a Paralegal qualification can be invaluable.

Client - a person or group that uses the professional advice or services of a

lawyer, accountant, advertising agency, architect, etc. ; a person who is
receiving the benefits, services, etc., of a social welfare agency, a
government bureau, etc.