Tuesday, November 28, 2006

PRIVATE PRACTICE

As a government lawyer, my law practice is limited. I have obtained an authority from my office to engage in the practice of my profession but only on certain conditions. I cannot handle any case where possible conflict of interest may arise, no matter how indirect or remote the possibility may be. Hence, I cannot represent somebody who has an adverse claim against the government. To do so would be the height of disloyalty. I shall be going against my very employer, the provider of my sustenance. I cannot also accept a case that may eventually reach our own office by way of an appeal. You cannot be an advocate for a party and at the same time be connected with the same tribunal where the case is being heard and tried.

Though small the opportunity may be, I should say that the limited chance afforded me by my office to pursue my legal profession on the side enables me to at least keep abreast with recent developments in the legal circle. At the same time, it widens my horizon a bit so that I do not get too straitjacketed with the specialized field of our office. It also exposes and familiarizes me with court procedures and practices. At least, my limited practice equips me with a working knowledge on how the judicial system actually works.

Thus far, I must admit that my private practice has not resulted in any massive financial windfall. Most of the cases I accept are basically on a pro bono basis, which means for free. I do not know but I do find it difficult to charge fees for legal services I render to them. I would rather that my clients take the initiative in offering me some compensation for my services. If they remember to pay, then well and good. If not, then so be it.

Some close friends I know, not a few of whom are brothers in the same profession, do chide me for this. They say I am quite foolish to be extending my legal service freely. They say that handling cases gratis et amore does not impose any sense of responsibility on people so that they would tend to take you for granted. They add that it creates the wrong impression that you are not collecting fees because you are a so-so lawyer.

I do get the point of my friends. Indeed, it is inevitable that in the long term, free legal service would imbibe on people the mistaken notion that they need not sacrifice time, effort and money in order to secure legal representation. They would think that there is always a pro bono lawyer, who would be there to extend a helping hand at every instance without them breaking a sweat.

Be that as it may, I must concede that changing my mindset on the matter would not be easy. My personal belief is too deeply ingrained in me. But perhaps, I may start by learning to accept payment in kind. Hehehe...

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