Alternative Lawyers and the Frontier
By Ernesto B. Neri
Alternative lawyering and law school
If
there is a brand of lawyering this country desperately needs right now, I argue
that alternative lawyering is the answer.
This
term is used to describe a movement among the legal profession, which mainly
employs two things: the law and the meta-legal to serve the ends of social
justice. It is an approach in lawyering that does not limit its legal probing
to the individual’s technical legal concerns, but analyzes the social context
and powers that play into the individual’s issues. Its choice of remedies is
not only confined within the walls of the court, it extend to the halls of
power and the parliament of the streets.
Understandably,
It is alternative because its practice remains to be pockets in a sea of the
“common legal practice”. Though this is predictable, its role in strengthening
our democratic institutions and its capacity in empowering the marginalized can
never be discounted. Alternative Law groups have played a vital role in
influencing the enactment of progressive policies from CARPER to the RH Law. It
also plays a key role in broadening access to justice especially to those who
cannot afford the regular lawyer’s consultation fee. In many ways, this brand
of lawyering has contributed directly to the development of the country through
policy determination and access to justice.
In
this respect, that is why I believe that law schools should seriously consider
institutionalizing venues for law students to directly engage in alternative
lawyering be it in the form of internships, class-based projects or through a
“ladderized” formation program. Studying the law with a preferential option for
the poor elevates legal education into a more meaningful and cause-driven
experience. It teaches future lawyers to see the law as a tool to liberate and
empower the poor. It can also provide a comparative context on how it can also
be used to destroy, oppress and further marginalized the same.
The meaning of my internship experience
My
internship experience in Balaod Mindanaw has opened a new lens in my view of
the practice and use of the law. The line-up of our activities included
translating the law to the local dialect. We also made motions; help facilitate
a seminar for Indigenous Peoples; and documented a conference of scientist
handling an environmental case among other activities. These were activities
that touched the various practices of alternative law groups. Let me share the
3 highlights of our internship experience with Balaod Mindanaw.
Our
first project was the research and translation of the tenancy law and some of
its implementing rules and regulations. It showed me how important it is for
the law to be translated into a language that everybody understands
particularly by those whom the law intends to serve. The “democratization” of
the language of the law is essential for the empowerment of people at the
margins. I saw that the law is of no practical use if it remains in a language only
understandable by the academic elites. Therefore, one clear area to invest in
is the development of popular communication tools on laws and remedies and its
mass distribution to those who need it.
The
second project I engaged in was quite an interesting experience. We met with
environmental experts to review the ill effects of certain mining areas in the
island. It is where I personally saw how two disciplines converge – that of
science and the law. The exchange of thoughts between scientists and lawyers
made me see how one complements the other. Scientists provide the scientific
facts and framework while the lawyers see to it that these facts are admissible
as evidence in a court of law. Conversations between the law and other
professions, as I saw, are important in developing sound and grounded policy. This
has never been more pronounced in my experience with the group where the two
worked together to build a solid case for the communities affected.
The
third project I engaged in was a seminar-workshop on local governance and
people’s participation with Indigenous Peoples around the country. I had the
particular honor to deliver an input on the basic principles of local
governance. I grabbed this opportunity since my background and personal advocacy
deals with citizenship engagement in local governance. It was quite an
exhilarating experience talking to older practitioners in this field. Aside
from that altruistic feeling of sharing your knowledge, it was also an
opportunity for me to learn from their experience with their LGUs. We
synthesized in the end that prosperity indeed requires not only good leaders
but good citizens as well. These citizens should demand good governance from
their elected leaders. It is always a two-way process between state and
state-actors. That is why we agreed in the end that civil society should
effectively organize themselves politically in order to assert and influence
the decision making processes of the government in their locality and counter
the heavy weight of organized vested interests within or outside the
bureaucracy.
Engaging the frontiers
Many
would often lament why the legal profession is an overly celebrated one. Some
argue that it does not deserve such public exaltations and admiration.
Shakespeare seemed to agree when he called that all lawyers should be killed in
order to save the country! Come to think of it, a lawyer does not add any direct
value to the economic output of the nation. Engineers and scientists do. There
may be some truth to this but as all professions, we are one cog in the bigger
machine of nation building and my experience revealed to me where that cog is
in the greater scheme of things.
Because
of my experience immersing in Balaod Mindanaw, it has shown me the important
place of the legal practice in the bigger tapestry of national development.
This is the kind of practice that shuns posh and high-rise offices with big
sloppy paychecks in favor of service to the poor and the marginalized. They go
to the frontiers and to the places where no regular lawyer dreams of going.
They go to the place where there is a greater need. They personify the saying
“those who have less in life should have more in law”.
Hero-lawyers
I
often picture alternative lawyers as courageous soldiers of the poor who fight in the court, in congress or in the streets - with them and for them. They do
not only use the law, they will advocate changing it if it has lost its spirit.
They do not only plow in tons of paper work, but they build and empower
communities at the margins. Alternative lawyers do not see their “clients” as
clients the way regular lawyers see it. Rather, they see them as partners in
solving bigger social issues.
The
thought that you can use your legal knowledge to liberate a person from the bondage
of ignorance and oppression brings tremendous meaning and fulfillment in my
studies. And seeing it first hand in my short stay in Balaod Mindanaw inspires
me to even do more in my studies and preserve in my daily struggles in law
school.
More
than academic, my experience showed me that there are hero-lawyers in the
world. They are private individuals serving a greater public good. They are the
people committed to the works of justice in the face of insurmountable
obstacles may it be in the form of corruption, intimidation, corporate greed,
hopelessness or apathy.
The
nation needs these kinds of people in practice and if we are serious in
reforming our institutions, our law schools should give higher premium in this
kind of orientation. That is the way forward.
Thank you Balaod Mindanaw!
