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.
Saturday, October 15, 2005
First Call
This is my first article for this blog.I felt that as part of my pro bono work, in gratitude to the legal profession and my being a law professor, I am setting up this blog, specifically, to address your legal questions gratis et amore in the way I know how.
You can ask any legal question that I am in a position to answer. If not, I will refer you to Prof. Punzi's Lecture Blog Series. Certain ground rules:
a. To avoid embarrassment, you can couch your questions hypothetically but make sure that it is detailed enough for me to answer intelligibly. Opinions shall be based on specific facts and circumstances disclosed in the questions;
b. Send your questions to lacierda [at] gmail [dot] com. Questions that you asked will be posted in this blogsite but your names may be disclosed or withheld upon your specific request. In the absence of any directive, your questions will be couched anonymously;
c. You agree that the legal opinions rendered are for informational purposes only and you must consult a lawyer for further verification and confirmation before going to court;
d. By posing the question, you agree to the rules and to any future rules that may be set up.
We have seen legal aid given in person, in print, in TV, and in radio. Now, legal aid can be given over the internet by way of blogging. So, let's start the blog rolling. If you need legal aid, just blog to SAKLAWLAW.
