1. Is there a distinction between “practicing lawyer” and “trial lawyer”? 2.5%
2. Enumerate the instances when a law student may appear in court as counsel for a litigant. 2.5%
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1 comment:
II.
1.
Yes. Trial lawyer personally handles cases in court which means engaging in actual work either for the prosecution or defense of cases of clients. On the other hand, practicing lawyer refers to one engaged in the practice of law. The term “practicing lawyer” is broader and includes a trial lawyer. In other words, all trial lawyers are practicing lawyers, but not all practicing lawyers are trial lawyers.
2.
The instances when a law student may appear in court as counsel are as follows:
a. If he is a party to the litigation;
b. In cases before the Municipal Trial Court, he may be appointed by his friend who has a case therein;
c. In a criminal case before the Municipal Trial Court in a locality where a duly licensed member of the Bar is not available, the judge may appoint him if he is:
1. Resident of the province;
2. Of good repute for probity and ability to aid the accused in his defense;
d. If he is a senior law student who is enrolled in a recognized law school’s clinical education program approved by the Supreme Court. He shall be under the direct supervision and control of an IBP member duly accredited by the law school;
e. He may appear before the National Labor Relations Commission or any Labor Arbiter, if he represents his organization or members thereof;
f. He can represent a claimant before the Cadastral Court.
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