My learned friend
My learned friend.” This is how Singapore attorneys refer to each other. At a hearing in the courts of Singapore, which I attended, I could not help but feel a twinge of jealousy at the level of gentility and courtesy the lawyers of that island-state accorded one another. At one point of the trial, the opposing counsels argued over the admissibility of a document and, while it was clear that opposing counsels had strong positions for and against the judge admitting the document, nevertheless their differing opinions were expressed with due respect.
In my own law practice in the Philippines, nearing 15 years already, I’ve had occasion to see the most disrespectful, offensive and arrogant lawyers bully their fellow counsels in court hearings. These bullies huff and puff and cast aspersions towards their fellow counsels. And what is greatly unfortunate is that the public views this aggressive behavior as some sort of legal skill or ability. Perhaps drawing on stereotypes from the movies, Filipinos admire these kinds of lawyers, some of them achieving lucrative careers because of the public’s preference for “bulldog” attorneys. However, I take the contrary view and I see this “skill” as nothing more than bluster, often hiding a weak understanding of the case and the applicable law, and contrary to the high ideals of the law practice.
High ideals? Don’t laugh. I know that many hold lawyers in low regard in this country. However, this is merely the unfortunate result of hasty generalization. Lousy and arrogant lawyers tend to hog the spotlight, while attorneys who are competent and humble — who are, I believe, the vast majority — are given scant attention.
On a personal note, I’ve tried to pattern my own courtroom style on that of my former boss and mentor, Atty. Estelito Mendoza. I was an associate counsel of Estelito P. Mendoza and Associates from 1998 to 2003, after which I established my own law office, Kapunan Tamano Javier and Associates. I had the privilege of working with Atty. Mendoza for five years and while I don’t claim to be anywhere near his brilliance as an advocate, his courtroom demeanor is something that I’ve tried very hard to emulate. At trial, he was always respectful and courteous, both to the magistrate and his fellow counsel. I’ve never seen Atty. Mendoza bully or insult fellow lawyers in court. In fact, what I’ve seen is the opposite — other lawyers being obnoxious towards Atty. Mendoza, a few because they viewed his clients as Marcos cronies. Yet despite those instances, I’ve never seen my former boss stoop down to their level.
In my case, especially when I was younger, older lawyers would often try to intimidate me or get me angry; but drawing on my work experience with Atty. Mendoza, I refused to take the bait. Another reason why I try to behave respectfully in court is because I have a high regard for the practice of law. Fundamentally, the legal practice is the human attempt to attain justice in society and so it is an innately noble endeavor. This, despite the attempts of some lawyers to make it seem otherwise.
And the demeanor of the lawyers wasn’t the only thing that I hoped was the norm in the Philippines — the very structure and architecture of the Singapore courts is something that we Filipinos should aspire for. The Singapore courts are clean, well-ventilated, uncluttered and orderly. Outside the court is an electronic board that gives the date and time of the hearing. I was informed that the court could even send electronic messages reminding counsels of the time of the hearings. Additionally, pleadings are filed electronically and that is why the Singapore courts aren’t overflowing with court papers and pleadings. Entry into the court structure is very strict with guards and metal detectors preventing the surreptitious entry of firearms.
Of course, some would argue that comparing Philippine courts to those in Singapore is comparing apples and oranges, first world with third world. That’s true, but it is a good exercise to see what the standards in other nations are so that we can aspire and emulate.
Coming from my brief Singapore Court experience, I cannot help but pity the plight of many of our judges who have to hold sessions in overcrowded and badly maintained courtrooms. Perhaps the reason why some judges and practitioners are ill-tempered is simply because our courts are often hot and uncomfortable. Naturally, I don’t believe that it is proper for an officer of the court to behave badly simply because of lack of physical comfort but I do think that if our government would wisely use its resources to physically improve our courts, it would also impact how the lawyers and judges act.
Recently, the Philippine judicial system has been in the spotlight because of the constitutional crisis created by the Department of Justice’s refusal to obey an order of the Supreme Court. Much has already been said about the legal aspects of GMA’s right to travel. I won’t get into that now but as I’ve emphasized before, the quality of our society — how decent we are — is demonstrated by how we treat the people we hate. Or the people who are our adversaries, legal or otherwise. Seeing the debates on the issue of GMA’s right to travel vis-à-vis the national interest in making the former president answer to corruption charges, I have begun to fear that we have lost our sense of decency towards one another. I see this in the behavior of lawyers in court but I also see this on the airwaves and online — people cruelly insulting one another merely because of a difference in political opinion. While democracy requires a robust and free discourse on the issues, the discussion should remain intelligent and, most importantly, decent.
It is a slow and painful realization that this is why our country continues to plod along, without significant and genuine reform: we have forgotten to be decent with one another. Just look online — perhaps also owing to the cloak of anonymity that a person can achieve in the ether of the Internet — you will see how terribly indecent and offensive Filipinos (and others, of course) can be with those who fail to share their political and other views.
The democratic ideal, from its earliest stirrings in the Athenian paradigm, was always premised on justice, fairness and decency. Without decency, our democracy will never flourish and we will remain as we are, underdeveloped and marginalized.
Finally, whether you agree with my arguments or not, the hard reality is that, as of today, more than half of Filipinos rate themselves as “poor.” Now that, my learned friend, is the truly indecent part.
