You are on page 1of 5

Introduction: The chapter we are about to tackle is chapter 14 and its all about the continuing legal education

for lawyers. (And I must concur by simply adding it that it also implies to us law students this so called mandatory continuing legal education or MCLE) Why? Because of the fact that it is beneficial to us who are tracking the pathways of becoming a lawyer and it is a good tip to become an efficient and effective law student now and lawyer soon. Question: Why mandatory continuing legal education? It is called in that way because of the fact that: Ordinary sense: there is this intelligent thought that says: everything is changing; the only thing that does not change is change itself. Legal sense: God forbids that in every rule of this bar matter no. 850 that is being taken into consideration is intended for lawyers to be efficient and effective and also for the benefit of the people as well. And thus, the court for this matter hereby resolves to approve and adopts the rules for its implementation. But why not: the use of the word shall or must in the potentiality and actuality in law in the legal education? Well, the present title now maybe pleasing to the ears of those who made it or maybe its the shortest title that they can give or whatever the cause maybe the court has its reason to be in that way and thus approve it. Q: what is the purpose of the MCLE? SECTION 1, RULE 1 of MCLE: Continuing legal education is required of members of the integrated bar of the Philippines (IBP) to that throughout their career, they keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law. In the book, legal profession it states there that: law is sometimes referred to as a jealous mistress that demands much of your attention. So every lawyers and even law students must respect what the law is and adheres to what it mandates. The words respect and adheres connote some of the many ethical ways lawyers and law students must do in order that they can maintain such ethical standards of their profession. Q: In what concrete example can a lawyer do in order to maintain the ethics of his profession? o By ensuring that throughout his career and life as being a lawyer, he keeps on knowing what the recent jurisprudence is at present, what are the current issues involve. In other words, he keeps himself abreast with law and jurisprudence. By doing this he keeps himself informed and can even apply it to his career as lawyer. Thus, enhancing his standards of the practice of law.

Q: From all the conditions mentioned is there such a law or a rule or a training ground which the Supreme Court approves or adopts and implement it in order for lawyers to undergo? Yes. It is the BAR MATTER NO. 850. The title of which is MANDATORY CONTINUING LEGAL EDUCATION or MCLE.

Q: what is the rationale or the reason behind MCLE? Can you identify? Rationale Synonymous to and under canon 5 it states there that: a lawyer shall keep abreast of legal developments, participate in continuing legal education programs... N.B. Lawyers need to be current in and expand their knowledge of law so that in the end he will not only benefits himself but also to his profession and to the public. It wrong for lawyers to be only contended with what they have learned in law schools and in their practice.

Because of the many conviction that a number of lawyers are incompetent. One of the primordial goals of the MCLE is inculcate upon members of the bar legal knowledge that have come up in the recent memory. In other words: - Lawyers need to be constantly conscious of the development in their field of learning - Lawyers need to maintain the highest level of integrity in their profession and by going back to basic learning; they are reminded of the real nature of their advocacy.

Law is like a vast ocean that one cannot understand, comprehend at one sitting only. There are many laws and articles that one should master of and it cannot be denied that still, one cannot know all the law. What one acquires in the course of learning the ropes of the trade is not enough. Continuing legal education to a certain extent, reinforces and even validates what lawyers learn in the practice of their profession. It serves as a reminder of legal facts and information that lawyers may have overlooked or even forgotten in time.

Lawyers life necessarily involves continuous learning. The strict demands of their profession require them to be aware of the latest and the developing trends in the area of law. Laws and society: laws are dynamic and with the development and modernization in society it brings out and highlight also more and more areas of legal concerns. It thus, becomes imperative for lawyers to keep updated with the developments not only in laws and jurisprudence, but also in other fields of interests that have legal implication. N.B. IT IS NOT ENOUGH THAT LAWYERS READ ABOUT THEM, BUT STUDY THEM AS WELL. This is exactly the intention of the MCLE.

Q: Can you also identify its key provisions? - It must be noted first that MCLE, in essence is a tool that allows lawyers to become competent in their profession. It is a means of putting into work the principles laid down in the Code of Professional Responsibility, which contains the most basic responsibilities of lawyers.

Key provisions:

MCLEs concern:
MCLE is not entirely confined to purely technical legal concern for legal profession relates to other disciplines as well. These other disciplines have legal significance and it also carries with it an influence in the law.

It therefore becomes essential for lawyers, in the discharge of their duties to society and the public, to be aware of these concerns, and the MCLE equips them with such awareness, which in the end brings about proficiency.

Law in the field of competency:


Lawyers who failed to update himself become stagnant and would be reduced to being obsolete, and thus betray their sworn duty of doing honor to the profession.

The MCLE works of the assumption that being updated on the latest trends in the field of law translates into competence. MCLE on substantive and procedural laws and jurisprudence:

Lawyers who anchor their beliefs on rules which have already been discarded, will be in the process sacrificing the interest of their clients.

It must be stress here that the MCLE allots the most number of hours to updates on substantive and procedural laws and jurisprudence. This is practical because changes in the law come up every so often and even established doctrines are modified or even abandoned by the Supreme Court. That is why it is important for lawyers to keep track of these changes.

Speedy disposition in the case:


The MCLE devotes five (5) hours to alternative dispute resolution, it is hoped , that there would be a major reduction in the filing of unmeritorious cases, or at the very least, there would be an increase in the early termination of the same.

MCLE and ethics:


The rule on MCLE has mandated (6) hours of continuing legal education to the study of legal ethics

Practice of law:
Practice of law means any activity, in or out of court, which requires the application of law, legal principle, practice or procedure and calls for legal knowledge, training or experience. Hence, continuing legal education then extends to all lawyers, as it provides a mechanics for renewing the skills, knowledge and training they need in the practice of their profession.

Under the field of litigation:


The MCLE would provide litigation lawyers the ideal aptitude for the trial of their cases, thus maintaining and even enhancing the professional competence required of them. MCLE would build in them that sense of readiness and preparedness to take on the challenge of litigation, when they need to.

Lawyers in the field of argumentation:


It should be taken into consideration that as laws develop, so do such rules and those lawyers in their arguments in court and in their pleadings in court should be within the bounds of the law.

Legal education tries to tap into and work on the talents of lawyers, and not control them. It merely upgrades them with the latest advancement in these areas, in the hoped that they would applied eventually in the practice of law.

Concluding statement: Laws are always in a state of evolution. They are regularly altered and modified to comply with the changing needs of time. With the influx of progressive ways of life, it is now important for lawyers to keep abreast with the highly unpredictable legal changes in the international community. By doing so, they become globally competitive and thus at par with their international counterparts, thus enhancing their status as professionals.

What should be done? The MCLE provides for that matter and nonetheless to be an effective tool for improvement, continuing legal education must start from within. Lawyers must have a genuine desire to learn and acquire new skills, otherwise, whatever knowledge they would obtain from the MCLE would be meaningless, as it would remain unused.

You might also like