Thursday, November 10, 2005
Reckless Imprudence Case
Just gave my advice to my first pro-bono online query. While I have decided not to disclose the details of her case since it may go either way, please rest assured that I will answer each and every query that you pose.
And while it would be more convenient for me to stipulate that asking me a legal query gives me permission to post your queries online, it would be more prudent to please inform me your preference as to whether you will permit me to post it online.
Till then, do not hesitate to email your questions to me.
And while it would be more convenient for me to stipulate that asking me a legal query gives me permission to post your queries online, it would be more prudent to please inform me your preference as to whether you will permit me to post it online.
Till then, do not hesitate to email your questions to me.
First Case
Just received an email requesting for legal advise on a reckless imprudence case.
This brings back fond but stupid memories. My first case was a 1990 reckless imprudence case that occurred in Mandaluyong City. Lorna Kapunan asked me to handle a jeep collision case involving the chief of security of a taxi company.
As a prudent lawyer, I prepared for the case and read the laws the night before. Next morning when I woke up, I was so scared that I had a case of LBM.
When I appeared at the metropolitan trial court in Mandaluyong City, it was in the sala of Judge Larry Laqui, who years later I would be his co-faculty at the FEU Institute of Law. My first appearance was to argue a motion we filed in court.
I was arguing like any prepared young gung-ho lawyer would do. And all the time, the judge was saying: "We will consider your arguments" but I wanted him to agree with me. It took a good 5 minutes of arguing and Judge Laqui was, I guess being polite, tolerating my aggressive stance. I supposed he sensed that I was a greenhorn.
Finally, some older lawyer, taking a pity on me, just whispered: "Sabihin mo, we submit". And so, when I said: "We submit", Judge Laqui said: Thank you!
From then on, I learned to take the cue from the judge. Since then too, I have also whispered to not so few new lawyers when they are hell-bent on arguing to just say: "we submit" especially after they have made their point.
And every time I did that, I get the feeling that somehow, in some weird way, I have paid a little of my huge debt to society.
This brings back fond but stupid memories. My first case was a 1990 reckless imprudence case that occurred in Mandaluyong City. Lorna Kapunan asked me to handle a jeep collision case involving the chief of security of a taxi company.
As a prudent lawyer, I prepared for the case and read the laws the night before. Next morning when I woke up, I was so scared that I had a case of LBM.
When I appeared at the metropolitan trial court in Mandaluyong City, it was in the sala of Judge Larry Laqui, who years later I would be his co-faculty at the FEU Institute of Law. My first appearance was to argue a motion we filed in court.
I was arguing like any prepared young gung-ho lawyer would do. And all the time, the judge was saying: "We will consider your arguments" but I wanted him to agree with me. It took a good 5 minutes of arguing and Judge Laqui was, I guess being polite, tolerating my aggressive stance. I supposed he sensed that I was a greenhorn.
Finally, some older lawyer, taking a pity on me, just whispered: "Sabihin mo, we submit". And so, when I said: "We submit", Judge Laqui said: Thank you!
From then on, I learned to take the cue from the judge. Since then too, I have also whispered to not so few new lawyers when they are hell-bent on arguing to just say: "we submit" especially after they have made their point.
And every time I did that, I get the feeling that somehow, in some weird way, I have paid a little of my huge debt to society.
