Kaban ni Lino Labra: BAYAD SA SERBISYO, SUKLIA'G ABILIDAD SA ABOGADO???
Man is a social being. He can’t live
alone like an island. He has to live with others from pre-historic time up to
this modern day. As social being, man organized a band with his closely-knit
relatives consisting of less than a hundred members in pre-historic times. They
were nomadic and survived in hunting and gathering as their means of living.
Band evolved into tribes as population
increased due to intermarriages. Tribal societies were semi-nomadic. In most of
the cycle of their lunar calendar, they were settled close to their farmlands
as their livelihood before their annual migration to another green pasture. It
was from tribes that chiefdom evolved through the years in the riverine
societies across Asia, Europe and Africa. Irrigation societies of the chiefdoms
paved the way to emergence of state as the highest level of development in
society.
Lawyers in state societies during
modern age in our history were considered necessarily evils. They were the
defenders of the state from the dissenters and destabilizers of the established
order. "The first thing we do," said the character in Shakespeare's
Henry VI, is "kill all the lawyers." Contrary to popular belief, the
proposal was not meant to demean lawyers in the society. Rather, it was
intended to eliminate those who might stand in the way of a contemplated
revolution -- thus underscoring the important role that lawyers can play in
society as the guardians of independent thinking that safeguards peace and
order of the state. They were called prosecutors, counselors, district
attorneys and fiscals through the years of defending the state from the
criminal elements in the societies.
From the ranks of lawyers, you have
also the human rights crusaders either as advocates or as private litigators.
They were usually the counsels of the accused against the counsel of the state.
The rules disallow them from being seen together to avoid jeopardizing their respective
advocacy for their respective clients. That was the old order from whom; the
rules on ethical standards among lawyers were drawn.
During the Roman Empire these private
practitioners practiced law pro bono. From the Latin words pro bono, it means
service for free. It has historical root to serve the people for free from the
abuses of the state. But if the clients would like to win the case, they should
know that these lawyers would not decline gifts as cultural decay started to
zip in the corpus of lawyers’ oath. From then on, Attorney’s Fee was a product
of necessity of the decadent society in Medieval Ages.
Since lawyers are social beings, you
cannot take away from their systems the tendency to group them as BAND, others
as TRIBES and CHIEFDOM even if they are the defenders of the STATE and the
counsels for the enemies of the STATE in this civilized societies like ours.
I know of lawyers who called
themselves as CKD TRIBE. It was a tribe of lawyers that never increased in
numbers beyond the founders. They were known to have been equipped with virtues
of loyalty of the SAMURAI when it comes to their queens without crowns. They were
also known as the Last of the Mohicans because they are the vanishing tribe of
Loyal Husbands in the Rolls of Attorneys in the country.
The CHIEFDOM of lawyers in Cebu
dictates who would be the next leaders of the two IBP chapters. It is a Holy
Alliance of many TRIBES. One Tribe of Lawyers is known for being young below
40’s. The others played their games like pro every Wednesday. The last in their
company is the descendants of Datu Mantawi and Lapu-Lapu.
I am happy because there is no brewing
animosity among lawyers in Cebu even if they are the defenders of the state and
private advocates and despite of their tribal origins. I don’t see any reason
to worry that one day their cases will be decided over bottles of beer because
they are not lawyers of the Medieval Era. Modern lawyers are upright courtesy
of the continuous reminders of Legal Ethics in MCLE. They might not be morally
upright as to the issue of chastity belt but I can guarantee that the Supreme
Court can find no other cause of action to strip these lawyers of their oath.
When I heard that a group of lawyers
are organizing a BAND, it did not surprise me. As I said, lawyers are humans;
they need others to socialize. Initially, this BAND is composed of five male,
married and smart counsels both for the state and the enemies of the state. I
heard that they are having regular practice twice a week in preparation for
their introduction to the public as permanent mainstay in the IBP.
If I were to ask which one shall I
prefer? I choose banding of lawyers instead of grouping them as chiefdom. In
chiefdom, there is a chief; in band there is only a leader of the band. In
band, it is easy to disband if discordant interest would become out of tune. In
chiefdom, interest is complicated that usually result to internecine conflict.
Mafias are modern chiefdom in the world of criminals. If we allow them to
co-exist with the state, it would not be healthy to democracy even in our own
organization like IBP.
This newly-organized band of lawyers
are aptly right in calling themselves as ATTORNEY’S FEE. This is an information
I got from one of their fans. It might be temporary identity for now but it
sounds fitting because all the members are abogado de campanilla (in Spanish
words) not pro bono lawyers in the Latin world. With their plan to show their
hidden talents this coming IBP Week, I would be in the frontline to cheer them
up to sing my favorite song dedicated to IBP “QUE SERA, SERA.”
(Bug-os
ang pasalamat sa KAHAYAG ngadto sa
nagsulat niining artikulo nga si ATTY. PAULINO B. LABRADO, Senior Partner sa P.B. LABRADO and PARTNERS. Magsusulat ug magpaambitan siya sa iyang mga hunahuna mahitungod sa nagkalain-laing hisgotanan nga makita sa maukiton niyang mata ug mga kasikas nga
madungog sa iyang maabtikong dunggan.)
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