CIRCULAR NO. 19 December 19, 1986

SUPREME COURT CIRCULARS AND ORDERS

TO: THE COURT OF APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, SHARI'A DISTRICT COURTS AND SHARI'A CIRCUIT COURTS

SUBJECT: ADOPTION OF RULE 138A OF THE REVERSED RULES OF COURT TO PERMIT LIMITED LAW STUDENT PRACTICE

Quoted hereunder, for the information and guidance of all concerned, is the text of new Rule of Court numbered Rule 138A adopted by the Supreme Court's Resolution En Banc of December 18, 1986, effective immediately, as follows:

Bar matter No. 194. Re: Petition to amend the Revised Rules of Court to include a Law Student Practice Rule. The Court Resolved to ADOPT the following Rule permitting limited law student practice effective immediately, as follows:

RULE 138A

LAW STUDENT PRACTICE RULE

SECTION 1. Conditions for Student Practice. A law student who has successfully completed his 3rd year of the regular four-year prescribed law curriculum and is enrolled in a recognized law school's clinical legal education program approved by the Supreme Court, may appear without compensation in any civil, criminal or administrative case before any trial court, tribunal, board or officer, to present any indigent clients accepted by the legal clinic of the law school.

Sec. 2. Appearance. The appearance of the law student authorized by this rule, shall be under the direct supervision and control of a member of the Integrated Bar of the Philippines duly accredited by the law school. Any and all pleadings, motions, briefs, memoranda or other papers to be filed, must be signed by the supervising attorney for and in behalf of the legal clinic.

Sec. 3. Privileged communications. The Rules safeguarding privileged communications between attorney and client shall apply to similar communications made to or received by the law student, acting for the legal clinic.

Sec. 4. Standards of conduct and supervision. The law student shall comply with the standards of professional conduct governing members of the Bar. Failure of an attorney to provide adequate supervision of student practice may be a ground for disciplinary action.

Let copies hereof be circulated among all Courts, the Integrated Bar of the Philippines and major voluntary bar associations, and the Deans of the law schools.

December 19, 1986.

(Sgd.) CLAUDIO TEEHANKEE

Chief Justice

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