Senate President Franklin M. Drilon underscored the need to
liberalize the Philippine legal profession to permit foreign lawyers to
practice in the country, and help Filipino law practitioners to keep pace with
the market and policy shifts as a result of the ASEAN integration.
At the ASEAN Law Association Assembly last February 27,
Drilon told justices, judges, and other leading law practitioners in the ASEAN
region that the ASEAN integration poses a challenge to members of the legal
profession.
“As the integration calls for a free exchange of
resources, we must ask ourselves: what does integration mean to the legal
profession? What is its impact to the practice of law? In this era of
integration, the ASEAN lawyer must learn to navigate multiple legal
jurisdictions,” Mr. Drilon said.
"At current growth rates, it is predicted that the
ASEAN would become the fourth-largest market, after the EU, U.S. and China, by
2030. However, full ASEAN integration poses a challenge to every ASEAN member
country. The existing legal framework may not be sufficient for the region to
achieve a completely free exchange of goods and services," Mr. Drilon pointed
out.
He emphasized that a stronger and more efficient legal
apparatus will help the Philippines capitalize on all the economic and
development opportunities provided by the ASEAN integration.
“Currently, in the Philippines the practice of law is
currently restricted only to Filipino lawyers. This proposal for liberalization
allows for collaborative work between Filipino and foreign lawyers where the
matter or transaction involves both domestic and foreign law,” he explained.
He added that it is time to establish a procedure in
which foreign lawyers and firms may be able to assist their clients in cross
border transactions where the Philippines is involved.
“The liberalization of law practice will help strengthen
the country's legal profession, and will help the country face the many
challenges in the political and business sector being created due to the ASEAN
Integration starting this year,” stressed Mr. Drilon.
He however, said that the proposed liberalization of law
practice must ensure that foreign lawyers will live up to the standards and
principles of lawyering in the Philippines, a practice that requires loyalty to
the rule of law, and fidelity to the cause of the client.
The Senate leader then said that he hopes that the
country's legal sector and policy makers will realize early the importance of
adapting and liberalizing the country's
legal profession, and hoped that it will be a leader among ASEAN members
in reforming and improving its practice of law.
“While the practice of law in the ASEAN region may be a
challenge, the liberalization of the legal profession will ultimately benefit
the region as a whole. The long-term effect of a legal profession that
recognizes no territorial boundaries goes into the success of the ASEAN
integration itself.” Mr. Drilon said.
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