SANTIAGO, JERALDINE B.

WAS ERIN BROCKOVICH IN PRACTICE OF LAW?

Erin Brockovich who becomes a Legal assistance in one Firm in spite
lacks of the required formal education- law degree. In the process of her
employment Erin uncover a big issue or controversy of Pacific Gas and
Electric (PG&E) company that urge her to examine the case and investigate
it further, thereafter she encourage the complainants to file a case and even
facilitate them in the settlement proceeding, that result in the winning of the
case.
Practice of law means any activity, in or out of court, which requires
the application of law, legal procedure, knowledge, training and
experience. To engage in the practice of law is to perform those acts
which are characteristics of the profession. Generally, to practice law is
to give notice or render any kind of service, which device or service
requires the use in any degree of legal knowledge or skill. (Cayetano v
Monsod)
In line with the modern concept of practice of Law under Cayetano v.
Monsod case as herein defined, it seems that Erin Brockovich has been
engaged in authorized practice of law in applying and performing those acts
which are characteristics of the profession such as examination of the case,
inquiring and talking with the client, researching, facilitating and assisting in
the filing and settlement of the case. Hence, in our jurisdiction absence of
any constitutional or statutory provision, a person is entitled only to practice
law if he has been duly admitted to the Bar and has a good and regular
standing, which implies that any other persons are prohibited to practice law,
as under Rule 138 sec 1.
Any person heretofore duly admitted as a member of the bar, or
hereafter admitted as such in accordance with the provisions of this
rule, and who is in good and regular standing, is entitled to practice
law.
Thus, it entails to avoid any unskilled person to render unauthorized
administration of justice to the prejudice of the other persons seeking legal
assistance. As further explained by the court in case of Noe-Lacsamana vs
Busmente

Public policy requires that the practice of law be limited to those

individuals found duly qualified in education and character. The
permissive right conferred on the lawyer is an individual and limited
privilege subject to withdrawal if he fails to maintain proper standards
of moral and professional conduct. The purpose is to protect the public,
the court, the client, and the bar from the incompetence or dishonesty
of those unlicensed to practice law and not subject to the disciplinary
control of the Court
Was the acts of Erin is authorized under the law?
As a general rule, only those who are licensed to practices law can
appear and handle cases in court, unless it is under in some circumstances:
1. In cases before the Municipal Trial Court, a party may conduct his
litigation in person, with the aid of an agent or friend appointed by
him for that purpose (Rule 138 sec 34),
2. Under cadastral Cadastral Act when a lawyer can represent a
claimant before the cadastral court,
3. In a criminal cases before the Municipal Trial Court in a localities
where such members of the bar are not available, the court may
appoint any person, resident of the province and of good repute for
probity and ability, to defend the accused (Rule 116, sec 7)
Furthermore, practice of law is merely a privilege and not a
constitutional right as stated in the case of In Re: Al C. Argosino The
practice of law is not a natural, absolute, or constitutional right to be granted
to everyone who demands it. Rather, it is a high personal privilege limited to
citizens of good moral character, with special educational qualifications, duly
ascertained and certified.
For that reason, all those acts that had been engaged and represented
by Erin are prohibited because she is not one of the member of the bar or
even it falls under the exceptional circumstances, for practice of law is not
only activities within the court but also those activities outside the court that
require the application of legal knowledge, procedure, and law. Therefore as
a consequence of being not authorized to do so, she is liable for
unauthorized practice of law.