Module 3B Judicial Attitudes Towards Law Student Practitioners (DCA Madrazo)

good day to all of you watching this video and welcome to module 3 judicial aptitude towards law student practitioners during my nine years as judged in the first and second level court in dakota city i have not encountered any laws to the practitioner in the point where i presided what i encountered the students who wanted to observe were proceedings as part of their law school requirement i'm therefore pleased that this is now recognized and implemented by the legal education board pursuant to rule 1 2018 the revised laws with their practice rule authority supported under the

political legal education program of law schools mind you when i was appearing as a trial prosecutor in the court there were instances that i felt nervous too in the bestmedicine.com my nervous test is spelled p r e e a r a t i o n preparation for telling the presiding judge when the case was called as ready your honor besides the veteran judge's seasoned lawyers directly appear in court more often than not assist you and give you pointers to make you adjust and feel at peace after all everyone started out from being an obvious in

the legal profession in this video lecture you are going to have an idea of what to expect from the judges and the lawyers when you appear before them in the movie spiderman it was said with great power comes great responsibility the supreme court in the various process of administering matter 19-03-24-sc or the rule of student practice rule wants to enhance the learning opportunities of your students instill the value of legal profession professional responsibility of law students prepare them for the practice of law and produce practice-ready lawyers after passing the bar as a law student practitioner

a burden or a responsibility is placed on your shoulders under section 6 of reset administrative market these are the lawsuit practitioners shall observe the provisions of section 24 referring to the disqualification by of privilege communication and the rule 130 of the new support the lawsuit and practitioners likewise prohibited from using information acquired in one's capacity as a law student practitioner for personal or commercial gains the lawsuit and practitioners have performed the duties and responsibilities to the best of one's ability as a law student practitioner aim to slightly observe the canon's code of professional responsibility the

first two slides refer to the practice areas of your student practitioners the first refers to a level one certification wherein it is issued to law student practitioners who have completed first-year law courses this shall be valid before all quasi-judicial bodies and obviously bodies within the judicial region where the law school is based as indicated in section 4 of the administrative matter here are some of the following practice areas for the law student practitioners they are to interview prospective clients give legal advice negotiate 4 and on behalf of the client draft legal documents such as affidavits

compromise agreements contracts demand letter position paper and the like enlighteners represent political parties before quasi-judicial or administrative bodies they can provide legal orientation and assist in public interest advocacies for policy formulation and implementation the approving authority for this level 1 certification is with the accepted charge whether within the judicial region where the law school is based the second level of certification is the level 2 certification issued to law student practitioners who are enrolled for second semester of third-year loss law school courses this shall be valid for all courts quasi-judicial bodies and administrative bodies even outside

the judicial region where the law school is based some practice areas are the following they can perform or perform all activities under level 1 certification assist in taking the positions and or preparing judicial affidavits of weaknesses appear on behalf of clients at any stage of proceedings or trial before any point was a judicial body or administrative party criminal cases subject to the provisions of section 5 rule 110 meaning they are they can appear when on behalf of government in the prosecution of criminal cases in criminal action subject to the control and supervision of the public

or trial prosecutor they can likewise file and prepare meetings in appeal cases required in the case the approving authority under this level to certification is the office of the court administrator through the recommendation of the itc executive judge where the law school is based here are some of the general treatment of those wooden practitioners first judges or lawyers should respect the certifications whether level 1 or level 2 certification issued to them second we should recognize them as officers of the court although only in potential because really they are officers of the court we should be

patient with their lack of mastery of the law rules in jury school days we should not bully them money nor take advantage of their lack of legal skills we should provide them with useful legal tips or suggestions as well as mentor or guide them to improve their skills as future law practitioners likewise we should encourage and not discourage them we should remind them of their duties to the court and to a failure practitioner the next part of this talk are certain panels that we lifted from the lawyer and the legal profession of the vote of

professional responsibilities why did we put them here we included it here because as part of the duties of the law student practitioner they are strictly to observe the panels of the code of professional responsibility first common years indicated is current separate the lawyers shall at all times uphold the integrity and dignity of the legal profession and support the activities of the integrated part in order to uphold the integrity and dignity of the legal profession the lawyer shall not make false statements or suppress a material fact in connection with this application for admission to the bar

the lawyer shall not support the application for admission to the bar of any person known by him to be unqualified in respect to the character education or other relevant attributes in supporting activities of the integrated bar the lawyers are not engaged in conduct that adversely reflects on his fitness to practice law nor shall he whether in public or private life behave in a scandalous manner with the discredit of the legal profession next cannon that be lifted from the canon professional responsibility of lawyers is currently a lawyer shall conduct himself with courtesy fairness and his professional

beliefs and shall avoid harassing athletics against opposing counsel buchanan refers upon to conduct himself with courtesy fairness and contour towards his professional colleagues his responsibility is in professional buildings he shall not use language which is abusive offensive or otherwise improper important of everything tactics against opposing cancer this responsibility is to directly or indirectly not encroach upon the professional employment of another lawyer however it is the right of a lawyer without fear or favor to give proper advice and assistance to those seeking relief against a faithful or neglectful counsel it cannot be emphasized that there are

really some lawyers who are either unfaithful or neglectful to their clients that is why law student practitioners are allowed to assist and give proper advice to this clients whose lawyers are unfaithful or neglectful of their cases that they handle the third panel that we included is scandal nine lawyers shall not directly or indirectly assist in unauthorized practice of law and the disbandance is the lawyer's responsibility is not to delegate any and to any unqualified person the performance of any task which by law may only be performed by a member of the party with standing well

as we have said the exception here is the law student practitioner under supervision of the supervising lawyer under the clinical legal education program of the law school another responsibility under this talent is the lawyers and that divide or stipulate to divide a fee for legal services with persons at license to practice your subject exceptions like where there is a pre-existing agreement with a partner or associate over a lawyer undertakes complete and finished legal business of the deceased lawyer or a lawyer or firm includes a non-lawyer employees in a retirement plan even if the plan is

based on goal or impart on a profit sharing agreement the next point of this talk are six cannons which we lifted from the code of judicial conduct the first panel here is independence it is a prerequisite to rule of law in a fundamental guarantee of fair play the panel states the judge shall therefore hold and exemplify judicial independence in both its individual institutional aspects the following are these responsibilities should exercise the judicial function independently it should be independent from judicial colleagues in respect of decisions which the judge is obliged to make independently he should refrain

from influencing in any manner the outcome of litigation or disputes pending before another court or administrative agency he should not allow family social or other relationships to influence judicial conduct or judgment he should be free from inappropriate connections with and influenced by the executive and digestive branches of government this is to practice separation of powers of the three branches of government the judge exhibit and promote high standards of judicial conduct in order to reinforce public confidence in the judiciary which is fundamental to the maintenance of judicial independence panel 2 referring to integrity integrity is essential

not only to the proper discharge of the judicial office but also to the personal demeanor judges the judge's conduct should be about reproach but that if we perceive to be so in the view of a reasonable observer the jazz behavior in canada must reaffirm the people's fate in the integrity of the judiciary the judge should take or initiate appropriate discipline disciplinary measures against lawyers work professionals for professional and professional candidates this responsibility is important in order to reaffirm the people's state and integrity of court users in the judiciary country impartiality impartiality is essential to the

proper discharge of the judicial office and applies not only to the decision itself but also to the process by which the decision is made and the discounts the following type is responsibilities the judge to perform his judicial duties without favor bias or prejudice both in and out of court we should maintain and enhance the confidence of the public legal profession and litigants in the impartiality of his impartiality and in the judiciary the judge should conduct to minimize the occasions on which it will be necessary for him to disqualify from hearing or deciding bases he should

refrain from making any comment that might reasonably be expected to affect to affect the outcome of such procedure or impaired the manifesting manifest fairness of the process or otherwise that might affect the fair trial of any person again i would like to emphasize here that this responsibility is important because making unfair or unnecessary comments in cases appearing in pieces that is hearing or which is pending before the sport like a fair trial of a person or the issue that is at hand another responsibility under the canon of impersonality is the jobs should disqualify himself from

participating in any proceeding in which he is unable to decide the matter impartially or in which it may appear to a reasonable observer that they are unable to decide the case coming forth propriety propriety are essential to the performance of all the activities of the judges the judge should avoid impropriety in the appearance of impropriety in all of his activities we should not accept personal restrictions that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly the judge should avoid situations which might reasonably give rise to the suspicion or

appearance of a politician or person two words here are mentioned give rise to suspicion or appearance of favoritism the judge should not participate in the determination case on which any member of their family represents elliptical or is associated in any manner in which the case in any manner with the case and confidential information acquired shall not be used or disclosed for any other purpose related to these judicial judges cannot fight the quality which is essential to the due performance of the judicial office under this panel the responsibility of the judge is to be aware of

and understand diversity in society and differences arising comparing sources including but not limited to race polar sex religion national origin caste disability age marital status sexual orientation social and economic status and other life processes and 6 competence and diligence which is in prerequisite to the deep performance of judicial office the responsibility of the judge is taking reasonable steps to maintain and enhance his knowledge skills and personal qualities necessary for the proper performance of professional duties taking advantage for this purpose of the training and other facilities which should be made available but in order to be

competent in religion we should always continue to attend which are being provided for judges and lawyers like uh the continuing mandatory new education for lawyers seminars being provided but judicial academy for judges and other lawyers or further under this the responsibility of the judge to maintain order and deport in all proceedings before the court and to be patient dignified and purchased in relation to lead events witnesses and lawyers who appear before him he should not engage in canada incompatible with the diligent discharge of his professional jews after those diamonds for lawyers and judges we have

included here some cases which involved several judges who were penalized because of their questions import the first case here is uh an anonymous complaint the the february 18 2005 support personnel against a judge in harmony the allegations against the judge are as follows the complaint states among others that it was established that the responding judge shouts out and reprimands lawyers board personnel witnesses and mitigation open work he has a short temper uses intemperate language and embarrasses lawyers and litigants appearing before him the point there that insulting and insensitive expressions such as animals and is a

language not defeating a judge the court further held that judges should always be temporary patient and purchased both in conduct and in language church behavior not only by the performance of official duties must be beyond reproach being the visible personification of the law in justice impatience and rudeness have no place in government service the penalty imposed by the court is that the responding judge is guilty of conduct and becoming of the judge and was fined some of 5 000 pesos he was reprimanded in wine that the repetition of the same app will warrant a more

severe penalty the second case that we have included here is a complaint filed by a concerned citizen of the gastric city versus an rpc judge or vegas pct in november in september 2007 allegations against the judge are as follows the complaint in the vernacular states among others that it was established that responded is arrogant and insults to recite comments witnesses lawyers and prosecutors he publicly embarrasses lawyers and litigants appearing before him he interferes in the presentation of witnesses and asks more questions of witnesses there's even a note here that for his behavioral and judicial problem

the office of the provincial prosecutor decided at one time not to assign a prosecutor to respond the score as this is not good for the help of any prosecutor findings of the court the court held that a judge should possess the virtue of gravitas it should be learned in the law dignified in demeanor refined in speech in virtus in character you must achieve it the top marked judicial impairment of utmost sobriety and self-restraint work for their good it is reprehensible for a judge to humiliate the lawyer litigant or witness the app betrays lack of patience

prudence and restraint he must choose his words written or spoken with atmosphere and sufficient control pleasing speech increases his persuasiveness a part for the same dispensation of justice is a joint responsibility of the judge and the lawyer a sense of shared responsibility which is a crucial factor in the administration of justice which is expected of the responding judge in july intervened in the presentation of evidence he asked for questions that answered and conducted direct and cross-examination of witnesses the penalty imposed on the subjects was found guilty of conduct and becoming of the judge was fine

of 7 000 pesos for violating the court of judicial conduct it's fine the amount of 7500 pesos for violating the vote professional responsibility and was strongly wind the repetition of the same act will warrant more severe penalties another case to pander on is complaint filed by the gender watch coalition of lawyers against a judge in the policy the allegations of the complaint are as follows it was established that responded violated the rule on gender fair language useful or obscene and discriminatory language discrimination against women litigants and ethical conduct in one of his in one of

the hearings of the case handled by a tonic one phone jack the judge inside the court with so many people present said to the lady party that i quote next time you see your husband open your arms and legs the word rule as follows it just holds a position in the community that is new that is looked up to with honor and privilege it cannot be over emphasized that no position is more demanding as regards moral righteousness and uprightness of any individual that we see on the venus referring to the judge it has been rightfully

ruled that moral integrity is more than a cardinal virtue in the judiciary it is a necessity except the exacting conduct the exact standards of conduct demanded from judges are designed to promote public confidence in the integrity and impartiality of the judiciary responding judge uttered in open court in temporary and obscene language injurious to the sensitive sensitivity and feelings of complainants who are all women the penalty imposed by the point to the judge is a fine of 5 000 pesos and it was one that the repetition saved up in the future we weren't more severe penalty

the last piece that we included here is an anonymous complaint against the jabs [Music] in the regional trial part of zamboanga del mar the allegations against the judge in the complaint states that then it was established that he wrote with the words in the orders the issues such as big big homophobic baptism he signs in the order in his name as doctor with a phd after his name findings of the world judges are enjoying always to be temporary patient and virtuous both in conduct and in language the unguarded written words made by the jobs very

short of the standards expected of a magistrate of the law and constituted bulgarian and becoming conducted eroded public confidence in the judiciary a judge should not seek publicly for personal gain knowledge the inclusion of a doctor before his name and phd after his name in the order is a clear example of self-promotion and vanity and disseminates unnecessary publicity the respondent judge is guilty of good and unbecoming conduct he was finding the sun for 5000 pesos with a severe warning that the repetition of the same environment is clear penalty before i close i'd like to thank

the office of associate justice alexander esmundo who is in charge of the royal art of this student law practice rule and also the office of court administrator semidustri market as well as senior deputy part administrator thank you to all of you and god bless you