EDITORIAL - Pro bono legal services

Every three years, lawyers in this country must now render 60 hours of legal service for free to indigent folks. The requirement was issued by the Supreme Court as part of a legal aid service program. It is a welcome move in a country where millions of people have little understanding about the legal system and cannot afford litigation.

There is a Public Attorney’s Office and certain groups that provide free legal aid, but the services are still not enough. Each year, thousands of new lawyers are added to the Philippine Bar. Yet legal services remain beyond the reach of millions of Filipinos. So the initiative of the Supreme Court is a positive development.  The SC should implement measures to ensure full compliance with its order, including by the topnotch private attorneys whose fees are in the stratosphere. Those who have worked in the legal profession for up to 35 years are exempted from the requirement. That still leaves a lot of lawyers, however, who must provide the pro bono services.

Among the main reasons for the high cost of litigation fees in this country is the snail’s pace in the administration of justice. It could take two decades from the filing of a case in court until final judgment is rendered by the SC. This is despite the existence of a constitutional provision plus legislation and SC-issued court rules mandating speedy trial. Even police investigators complain about the hassle of having to attend court hearings for many years over a single case.

The provision of pro bono lawyer’s service should be complemented by more aggressive efforts to drastically shorten litigation. It is often said that justice delayed is justice denied. For many Filipinos, speedy justice is a luxury reserved only for those who can afford expensive and well-connected lawyers. This situation has fueled insurgencies and developed a worrisome level of public support for extrajudicial short cuts to justice.

It’s not unusual for lawyers themselves to move for protracted litigation. Perhaps when legal services are provided for free, there is less incentive to prolong litigation, and speedy justice can become the norm rather than the exception.