INTRODUCTION

4
Background 4
Policy Statement 5
Coverage of the Protocol and Manual 5

OPERATIONS 6
Office Management 6
Organizational Chart 6
Roles and Responsibilities 6
Ethics 9
Physical Structure 10
Funding 10
Administration 11
Expenditures 11
Filing and Database 11
Reporting System 11
Mail Matters and Communication 12
LC Hours 13
Schedule of Law Student Practitioners 13
Dress Code 13
Holdover Capacity 13
Forms, Logbook, and Calendar 14
Supplies 15
Activities Outside School Premises 15
Evaluation and Recommendation 15
Data Privacy 15

LEGAL ASSISTANCE AND CASE MANAGEMENT 16

Legal Aid Services 16
Procedure for Assistance to Applicants 17
Applicant Evaluation 17
Applicant Registration 17

Protocol and Manual

Preliminary Interview 17
Criteria for Accepting Cases 18
Factors 18
Supporting Documents 19
FOR LAW CLINICS Evaluation Procedure 19
Provisional Acceptance of Cases 19
Approval or Disapproval of the Application 20
Referral System 20
When cases may be referred 20
Referral Process 21
Cases that are not referrable 21
Grounds for Termination 22
Conflict of Interest 22
Privacy and Confidentiality 23
Briefing and Training on the Protocol Manual 23
 CLEP programs include traditional legal aid services where qualified law
Introduction students may appear in court proceedings and represent indigent clients
PROTOCOL AND MANUAL FOR LAW CLINICS

under the Law Student Practice. Furthermore, the CLEP program also includes
developmental legal aid, where students engage communities and other
stakeholders through a number of outreach activities, such as lectures and
BACKGROUND seminars designed to help people learn and understand laws, legal procedure,
and their rights. Therefore, CLEP uses a variety of programs and tools to
Clinical Legal Education Program (CLEP) is both an educational ideology
better effect the underlying policies of the pedagogy.
and a pedagogy implemented through the law school’s programs.
Essentially, CLEP promotes the concept of learning by doing.
POLICY STATEMENT
Its aim is to teach students the practical knowledge and skills necessary
Legal education aims to prepare students for the practice of law and to instill
for a sufficient training in legal aid, consistent with the basic idea of
in them the value of pro bono culture by addressing the legal needs of the
experiential learning. Thus, CLEP teaches legal theory and practice,
poor, deprived, vulnerable, and oppressed sectors of society.
integrating useful lawyering skills with proper understanding and
internalization of professional responsibility. In doing so, students
4 The Law Clinics are established to provide, at all times, accessible, sustainable,
become effective agents of social justice through law.
ethical, and quality legal aid services to its clients, the community, and other
stakeholders.
Its roots can be traced to the United States, particularly in the 1960s – a
INTRODUCTION

period characterized by the insufficiency of legal services for the poor.

The Law Clinics shall ensure fair treatment to all clients and stakeholders. In
Eventually, CLEP was introduced to East and Southeast Asia with the
no way shall the LCs discriminate on the basis of race, religion, national or
same concept and objectives.
ethnic origin, gender or political affiliation.

In the Philippines, the Supreme Court institutionalized CLEP on

COVERAGE OF THE PROTOCOL AND MANUAL
December 19, 1986 through Circular No. 19, which amended the Revised
Rules of Court to include Rule 138-A, otherwise known as “The Student
This Protocol and Manual sets out the LC’s policies and office procedures to
Practice Rule”. In effect, the Supreme Court allowed law students to
ensure uniformity, continuity, and the sustainability of its legal aid services.
render legal aid through court representation.

The pages that follow are intended to serve as a general guide and reference.
On June 25, 2019 the Supreme Court promulgated the Revised Law
This Protocol and Manual cannot solve every problem or answer every
Student Practice Rule (or the Revised Rule 138-A of the Rules of Court),
question that may arise in the course of the operation of the Law Clinic. It is
to take effect at the start of the academic year 2020-2021, and to apply
highly recommended, with reference to this Protocol and Manual, that each
to the bar examinees from the 2023 Bar Examinations onwards.
LC come up with its own manual to specifically address its needs, concerns,
and other circumstances unique to its situation.
A key component of CLEP is the Law Clinic (LC), which provides a
platform through which learning and service are integrated into the
Should the LC have an existing manual, the LC shall ensure that it is consistent
training of law students. The Law Clinic serves both as a law office and a
with the provisions of this LC Protocol and Manual, and the LC’s existing
classroom for law student practitioners enrolled in the program, which
manual shall act in a suppletory character thereto.
may or may not be located inside the campus.
 Law Clinic Director.3 The LC Director shall be a member of the law school
Operations faculty. He or she shall be the faculty member handling the clinical legal
PROTOCOL AND MANUAL FOR LAW CLINICS

education (CLEP) course and shall:

a. Oversee the proper, effective, and ethical management and operations
of the LC;
OFFICE MANAGEMENT b. Determine and recommend the model of the Law Clinic, keeping in
mind the vision, mission, advocacies, and objectives of the law school;
A. Organizational Chart
c. Formulate strategies for effective and efficient implementation of the
model adopted;
The following shall be the organizational structure of the Law Clinic:
d. Ensure the execution of the legal strategies and methodologies for the
model adopted;
Dean
e. Recommend the engagement of Supervising Lawyer(s) and
administrative or technical staff;
f. Assign cases to the law student practitioners and supervising lawyers;
Law Clinic Director
g. Submit the grades of the law student practitioners, taking into
6 consideration the recommendation of the Supervising Lawyer;
h. Submit accomplishment reports and other reportorial documents, as
Clinical Faculty Supervising Lawyer Office Manager
may be required by the Dean; and
OPERATIONS

i. Perform other functions as may be required under the circumstances.

Law Student Practitioner

Supervising Lawyer. The Supervising Lawyer shall be a member of the bar in

good standing, preferably a full-time or part-time employee/consultant of the
B. Roles and Responsibilities School. The Supervising Lawyer shall:
a. Exercise immediate control and supervision over the decisions and
Dean. The Dean shall exercise control and general supervision over the actions of such number of certified law student practitioners as far as
LC and shall: practicable;
a. Ensure that the clinic meets the pedagogical objectives of the b. Review the pleadings, motions, brief, memoranda or other documents
Clinical Legal Education Program; prepared by the law student practitioners and sign the said pleadings
b. Endorse qualified students for certification as law student and other documents for and in behalf of the law clinic, subject to the
practitioner under this Rule. Such endorsement shall constitute final review by the LC Director of certain pleadings and motions;4
as a certification that the dean or authorized representative c. Conduct case conferences and/or lectures with LSP as may be
knows that the applicant is a student enrolled in the Clinical Legal necessary;
Education course, possesses good moral character, and has met d. Accompany and supervise the law student practitioners in appearing
the requirements of Section 3 of this Rule;1
c. Ensure compliance by law student practitioners and supervising
lawyers with the Code of Professional Responsibility.2 3
The Legal Aid Clinic shall be headed by a Director (or similar title) who is a member of the faculty appointed by the law dean.
(Proposed Guidelines for the Creation, Establishment and Operation of a Legal Aid Clinic in Law Schools and for other Purposes,
Section VI 1.A)
1
Revised Rule 138-A. Section 9 Duties of Law Schools (c) 4
These pleadings include, but are not limited to, initiatory and responsive pleadings, litigated motions, trial memorandum, appeal
2
Revised Rule 138-A. Section 9 Duties of Law Schools (d) briefs, and post-judgment remedies.
 before any court, tribunal, board or office, or during lectures and b. Assess information gathered from the interview and recommend to the
other outreach programs; LC Director appropriate action;
PROTOCOL AND MANUAL FOR LAW CLINICS

e. Evaluate the performance of and recommend the appropriate c. Conduct the required research for the assigned case;
rating of the law LSP(s) being supervised; and d. Draft pleadings, motions, and other documents;
f. Perform other necessary functions as may be given by the LC e. Attend meetings and lectures;
Director. f. Monitor and keep track of the development of every case that he or she
is handling, and document such tracking by preparing written reports
Clinical Faculty.5 The Clinical Faculty is a lawyer who possesses the as required;
relevant knowledge, experience, and training on clinical pedagogy courses. g. Observe the rules which safeguard privileged communications between
The Clinical Faculty shall: attorney and client;
a. Teach clinical legal education courses as may be necessary in h. Attend to the calls received through the LC Hotline7;
compliance with the Revised Law Student Practice Rule i. Ensure that all decisions and activities conducted by and through the
b. Perform other necessary functions, which may be given by the LC are consistent with general ethical principles and the applicable
Law Clinic Director including serving as Supervising Lawyer rules on legal ethics;
j. Appear with a Supervising Lawyer in court and administrative hearings,
8 Office Manager. The Office Manager shall: for Level 2 LSPs; and
a. Provide administrative and/or technical support to the LC k. Sign briefs, pleadings, letters, and other similar documents which the
Director and the Supervising Lawyer; student has produced under the direction of the supervising lawyer,
OPERATIONS

b. Supervise administrative and/or technical staff, should the law indication the law student practitioner’s certificate number as required
clinic require additional personnel; and under the Revised Rule 138-A.8
c. Perform other necessary functions which may be given by the Ethics
Supervising Lawyer and/or LC Director. • The LC, through its LC Director, Supervising Lawyer(s), LSPs, and Staff
shall abide by the school’s existing code of ethics and to adhere to the
It is understood that the Office Manager shall work on a forty-hour work Code of Professional Responsibility.
shift per week, to be determined by the Dean or Law Clinic Director, subject • LSPs shall take the LSP Oath pursuant to Section 8 of RR138-A9 10
to the approval of the school or university. The Office Manager shall be • LSPs are to only practice law in accordance with the certification
physically present in the law clinic during his or her work shift. granted to them.11

Law Student Practitioners. Under the direct control and supervision of the
LC Director and/or the Supervising Lawyer and acting under a certification
as provided under the Revised Law Student Practice6 Rule. LSPs shall have
the following functions and responsibilities:
a. Interview applicants and meet with prospective clients with
respect to any matter within the services that can be provided by
the LC, including those related to their legal needs; 7
Refer to the Law Clinic Hotline Manual.
8
Revised Rule 138-A Section 7 Use of Law Student Practitioner’s Name
9
Revised Rule 138-A Section 8 Law Student Practitioner’s Oath
10
Revised Rule 138-A, Section 8 Annotations, the Executive Judge or the Office of the Court Administrator shall send a notice to the
5
Clinical Faculty may also serve as the supervising lawyer law school deans or their representative informing the latter of the approval and issuance of the certifications and requiring the law
6
Refer to the Revised Rule 138-A, Section 4 Eligibility Requirements of Law Student Practitioners, Section 4 Practice Areas student practitioners to appear before the Executive Judge in order to take their oath and sign the certification.
of Student Practitioners, and Section 5 Certification Application 11
Revised Rule 138-A, Section 13 Sanctions
 PHYSICAL STRUCTURE ADMINISTRATION
PROTOCOL AND MANUAL FOR LAW CLINICS

The school or university shall allocate for the LC a suitable and sufficient A. Expenditures
space, preferably within the school premises, that is accessible to
clients. The LC shall be furnished and equipped with tools necessary for Any request from the Supervising Lawyer or LSPs for necessary funds or
its efficient operations. expenditure and their disbursement, including but not limited to, photocopying,
transportation, and similar expenses, shall be subject to consultation with the
The LC shall have the following: Office Manager and must be approved by the LC Director.
1. at least one (1) set of computer and printer with scanner;
2. at least one (1) filing cabinet with a functioning lock or security Any request from the Supervising Lawyer or Law Student Practitioners for
mechanism; reimbursements for necessary expenses incurred shall be approved by the LC
3. a set of hotline equipment, including but not limited to: Director.
a. a telephone and mobile phone unit with speaker mode
capability; B. Filing and Database System
b. a call logbook;
10 c. audio recording device (i.e. tape recorder, digital recorder, The LC shall devise an effective and efficient filing and database system
etc.); and depending on the legal aid services provided. Such system must take into
d. a reliable internet access facility. account the nature of the information or documents being filed and must
OPERATIONS

comply with relevant data privacy laws.

The LC shall have a designated consultation area that ensures privacy
and confidentiality of all information relayed in the course of the The LC may opt to assign a control number to all approved applications for
consultation with and among the clients and the lawyers. legal aid in accordance with the set policies of the clinic for incoming cases.
Below is a suggested format for control number of cases:
FUNDING
Law School Law Clinic Year Month Number
The college or university shall allocate funds, sourced from the
USC CLAW 2019 01 001
appropriated budget of the law school, among others, to sustain the
operations of the LC.

To augment budgetary requirements, and subject to the approval of C. Reporting System

the college or university, the LC may enter into partnership/s with
organizations for funding purposes, provided that the independence The LC Director shall prepare and submit an accomplishment report to the
and autonomy of the LC shall not be compromised. Dean at least once every semester.

In the event that courts award attorney’s fees to, or that there is an The LC shall devise an effective and efficient reporting system depending
agreed professional fee with, clients and/or litigants represented by the on the legal aid services provided. It shall ensure that an expedited and
LC, such fees and funds shall form part of the LC’s general funds, subject appropriate system is in place in cases of emergency, when urgent attention
to compliance with applicable appropriations rules. and expedited processing are necessary.
 LSPs shall regularly submit to the Supervising Lawyer or LC Director a E. LC Hours
status report on the cases handled and legal services rendered.
PROTOCOL AND MANUAL FOR LAW CLINICS

The LC Director shall determine the LC’s operating hours, which must
D. Mail Matters and Communications conform to the standard office hours of the college or university.
Otherwise, the LC Director shall seek the approval of the college or
Incoming university for security reasons.
The Office Manager shall receive and record all incoming correspondence
in the Mail Logbook and is required to note the following details: F. Schedule of Law Student Practitioners
a. Description of the correspondence (including type of pleading or
order and title of case, if applicable); Within two (2) weeks from the start of the semester, the LC Director,
b. Date and time received; in coordination with the LSPs, shall determine their Law Clinic duty
c. Name of Sender; schedule for the semester.
d. Method of receipt (i.e. personal, registered mail, courier, e-mail);
and LSPs shall be at the Law Clinic during their assigned schedule. They
e. All other relevant matters that the Office Manager deems shall log their “time in” and “time out” in the LSP’s Logbook. If the LSP
12 important and related to the operations and security of the Law is unable to go on duty on the assigned schedule, the LSP shall ensure
Clinic. that an alternate LSP takes his or her place during that schedule,
and immediately advise the Law Clinic of his or her inability and the
OPERATIONS

Immediately after recording the incoming correspondence, and without availability of an alternative LSP.
exceeding twenty-four (24) hours from receipt, the Office Manager shall
endorse the same to the Handling LSP and the LC Director or Supervising G. Dress Code
Lawyer.
All lawyers, LSPs, and personnel of the Law Clinic shall be in proper
Outgoing office attire unless a uniform is prescribed.
All pleadings, letters, and documents drafted by the LSP shall be
submitted to the Supervising Lawyer and/or LC Director for review and When LSPs appear in court, they shall be in proper attire, in accordance
appropriate action. with the Code of Professional Responsibility.

LSPs shall log in the Mail Logbook each and every outgoing H. Holdover Capacity
correspondence, with the following details:
a. Name of Addressee; LSPs shall be responsible for the cases assigned to them until such cases
b. Date and time of sending and delivery; have been duly turned over to incoming LSPs.
c. Description or details of the correspondence (i.e. title of the
pleading, type of letter or document, etc.); and
d. Mode of delivery (i.e. personal, registered mail, courier, email).
 I. Forms, Logbook, and Calendar The desk calendar shall contain details of the case or activity, while
the wall calendar shall contain general information of the case or
PROTOCOL AND MANUAL FOR LAW CLINICS

For ease and convenience, and without limitation as to the inclusion of activity.
other effective tools, the LC shall have the following:
The Office Manager, in cooperation with the handling LSP and the
Forms Supervising Lawyer, shall ensure that said calendars are updated.
Forms for Litigation
a. Preliminary Interview Form (Form T-1); J. Supplies
b. Request for Free Legal Aid Form (Form T-2);
c. Notice to Applicant [Re: Action Taken] Form (Form T-3); All office supplies in the Law Clinic are for the LC’s official use only. The
d. Case Status Report (Form T-4); Office Manager is responsible for maintaining adequate office supplies
e. Case Summary Report (Form T-5); and conducting supply inventory. LSPs shall inform the Office Manager
f. Memorandum Recommending Termination (Form T-6); of the office supplies that they may require.
g. Notice of Termination of Legal Services (Form T-7);
h. Client Feedback Mechanism Form (Form T-8); K. Activities Outside School Premises
14 i. Referral Form (Form T-9);
j. Accomplishment Reports by the LSP to the LC Director/ Law Clinic work that must be performed outside the Law Clinic shall
Supervising Lawyer or LC Director (Form T-10); and require prior approval of the LC Director and/or Dean.
OPERATIONS

k. Evaluation and Feedback on LSP Performance by the LC

Director/Supervising Lawyer (Form T-11); L. Evaluation and Recommendation

Aside from the foregoing, the other recommended documents The Law Clinic shall develop a mechanism to evaluate the effectiveness
include the following: of the LC, its LC Director, Supervising Lawyers, and LSPs.
l. Affidavit of Indigency - to determine the qualifications of
the applicant; M. Data Privacy
m. Evaluation and Feedback by the LSP on the CLEP
The Law Clinic is committed to protecting the privacy and security of all
Logbooks personal data of all of its clients, witnesses, employees, and law student
a. Applicants’ and Visitors’ Logbook; practitioners. Hence, the Law Clinic shall comply with the Data Privacy
b. Mail Logbook; Act of 2012, its Implementing Rules and Regulations, and other related
c. Hotline Logbook; laws.
d. Law student practitioners’ Duty Logbook.

Calendars
In addition, the Law Clinic shall maintain at least two (2) kinds
of calendars (i.e. desk and wall) to keep track of the Law Clinic ’s
schedule of activities, particularly, the dates of hearings and due
dates of pleadings, if any.
 Legal Assistance and II. PROCEDURE FOR ASSISTANCE TO APPLICANTS
PROTOCOL AND MANUAL FOR LAW CLINICS

Case Management A. Applicant Evaluation

The initial point of contact with a prospective client shall be in this phase. The
initial point of contact shall be through any of the following means:
I. LEGAL AID SERVICES
• Walk-in – Clients who visit the LC to seek legal services, such as but not
limited to, legal counseling, document preparation, or representation.
The Law Clinic shall determine the type of legal assistance it shall offer.
• Referrals – Clients who are referred by the LC to members of the
Such assistance may include, but shall not be limited to:
referral system network for legal services, such as but not limited to,
A. Legal advice and consultation;
legal counseling, document preparation, or representation. Referral
B. Legal representation;
may be made between law clinics within the network, and law clinics
1. Legal opinion
and legal aid providers.12
2. Counsel for party
• Telephone, mail and other modes of communication – Clients who seek
3. Negotiation
legal advice through telephone, regular mail, e-mail and other modes
C. Acting as a neutral and independent mediator, conciliator,
16 arbitrator, among others; and
of communication.

D. Developmental work
B. Applicant Registration
1. Assistance to LGUs, NGOs, and government agencies;
LEGAL ASSISTANCE AND CASE MANAGEMENT

2. Advocacy of specific public interest issues

The LSPs on duty shall ensure that all applicants for legal aid services provide
a. For specific legislation
necessary information such as their name, contact details, date and time
b. Popularization of legal aspects of current issues
of visit, and purpose. These pieces of information shall be entered in the
c. Information dissemination.
Applicants’ Logbook.

The LC may use the following activities to enhance the legal aid service
C. Preliminary Interview
it provides:
a. personal consultation;
All applicants shall be interviewed by the LSP to gather relevant information
b. role-playing;
such as the nature of legal concern, and the receipt of photocopies of
c. seminar, workshop, forum;
documents brought, if any, etc. If there are no Law Student Practitioner
d. voice and online assistance;
available, a Supervising Lawyer (or the LC Director, if no Supervising Lawyer is
e. communication materials such as short manuals, flyers,
available) shall attend to the applicant.
pamphlets, short video clips, radio, TV, live streaming, etc.;
f. policy-lobbying;
Using a Preliminary Interview Form (PIF), the interviewer shall record the
g. jail decongestion program;
details of the applicant and the legal concerns. The interviewer shall also duly
h. preparation of legal documents; and
receive copies of relevant documents, if any.
i. others.

12
Tthe Integrated Bar of the Philippines local chapter, the Public Attorney’s Office, alternative law groups and civil society
organizations offering legal and non-legal assistance
 The interviewer shall communicate to the applicant the following: B. Supporting Documents
1. Nature of the clinic;
PROTOCOL AND MANUAL FOR LAW CLINICS

2. Services offered; and To ensure that free legal assistance is extended only to those qualified, the
3. The scope of free legal assistance offered. applicant may be requested to execute an Affidavit of Indigency and to submit
any of the following documents:
The interviewer shall likewise inform the applicant that the LC has the 1. Latest Income Tax Return or pay slip or other proof of income;
discretion whether to grant the request for legal assistance. 2. Certificate of Indigency from the Department of Social Welfare and
Development, its local District Office, or the Municipal Social Welfare
The interviewer shall assure the applicant that all information disclosed and Development Office having jurisdiction over the residence of the
during the interview shall remain confidential. applicant; or
3. Certificate of Indigency from the Punong Barangay having jurisdiction
III. CRITERIA FOR ACCEPTING CASES over the residence of the applicant.

A. Factors IV. EVALUATION PROCEDURE

18 The LC shall determine eligibility based on the following: A. Provisional Acceptance of Cases
• Means of the Applicant – The LC has the discretion in formulating
a set of criteria for accepting cases, taking into consideration the The LC may accept cases provisionally, pending verification of the applicant’s
LEGAL ASSISTANCE AND CASE MANAGEMENT

definition of “clients” as provided in the Legal Aid Guidelines as indigency and an evaluation of the merit of his case in the following instances:
submitted to the Supreme Court on December 14, 201713. a. In cases of warrantless arrests and inquest proceedings;
• Merits of the Case - The LC shall determine the merit of the case b. Where a warrant for the arrest of the applicant has been issued;
taking into consideration, after a preliminary assessment, the c. Where a pleading has to be filed immediately to avoid adverse effects
legal bases, facts and circumstances present. to the applicant;
• Pedagogical Value - The LC shall accept cases that have academic d. Where an appeal has to be urgently perfected or a petition for certiorari,
and teaching value. prohibition or mandamus filed has to be filed immediately; and
• Ethical Considerations - The LC shall only accept cases that are e. Other similar urgent cases.
consistent with the values, mission and vision of the law school
or university. B. Approval or Disapproval of the Application

The LC Director approves or disapproves all applications based on the PIF, and
upon consultation with the Supervising Lawyer, if necessary. The LC Director
shall act on the application for legal assistance within a reasonable time,
taking into account the complexity of the case and the length of time needed
to review the records.
13
In the Proposed Guidelines on the for the Creation, Establishment and Operation of a Legal Aid Clinic in Law Schools and
for Other Purposes, clients are defined as follows

“Clients – the clients of the legal aid clinic shall refer to, among others, the disadvantaged sectors of Philippine society,
The LSP shall then fill out the Notice to Applicant (Re: Action Taken) Form
namely: farmer-peasant, artisanal fisherfolk, workers in the formal sector and migrant workers, workers in the informal sec- accordingly, indicating the reasons for accepting or not accepting the
tor, indigenous peoples and cultural communities, women, differently-abled persons, senior citizens, victims of calamities
and disasters, youth and students, children, and urban poor, as defined by Republic Act No. RA 8245 otherwise known as
the Social Reform and Poverty Alleviation Act.”
 application and turn over the same to the Supervising Lawyer or LC referral signed by the applicant, and the documents submitted by the
Director for signature before sending it out. applicant/client;
PROTOCOL AND MANUAL FOR LAW CLINICS

c. To address the learning value of the case, the LC and the partner Legal
If the LC accepts the application, the LC Director shall assign a handling Aid Provider shall have regular coordination for purposes of assignment
LSP on the case or matter. of LSPs for monitoring and feedback; and
d. The referral between LCs shall be subject to the same process of
If the LC rejects the application, the applicant shall immediately be assessment and subsequent referral.
informed of his or her other options for legal assistance. The LC Director
and lawyers of LC are prohibited from taking on, in their private capacity, C. Cases that are not referable
the cases that were not accepted by LC.
In cases involving conflict of interest, the LC Director shall not accept the case
V. REFERRAL SYSTEM for referral within the network.

The LC may refer an applicant with the latter’s consent, to another LC For a more detailed procedure of the referral process, refer to the Law Clinic
or other Legal Aid Provider such as the local chapter of the Integrated Referral Network Protocol.
20 Bar of the Philippines, the Public Attorney’s Office, alternative law
groups, and other civil society organizations taking into account various VI. GROUNDS FOR TERMINATION OF LEGAL SERVICE
considerations such as, but not limited to, geographical proximity, skills
LEGAL ASSISTANCE AND CASE MANAGEMENT

and expertise, and sectoral concerns. The LC may terminate the legal service provided to the Client based on any of
the following grounds:
A. When cases may be referred
A. Failure of the Client to:
The referral of cases shall occur under the following circumstances: 1. Fully and truthfully inform the LC of the client’s economic status and
a. When there is no available supervising lawyer in the law clinic; existence of other cases, if any;
b. When law clinic case calls for specialty practice, i.e. in cases of 2. Truthfully reveal, without reservation, the matters related to the case;
Developmental Legal Assistance, Environmental Law, VAWC, and 3. Inform the LC of matters which might materially and/or adversely
similar cases; and affect the outcome of the case;
c. When the Law Clinic Director deems it urgent and necessary to 4. Secure and provide the LC copies of all pertinent documents, including
make a referral. transcripts of stenographic notes, orders, notices and other papers
from the courts;
B. Referral Process 5. Pay the litigation expenses, if necessary;
6. Meet or discuss with the assigned LSP or Supervising Lawyer when
For cases covered by the preceding list, the process shall be as follows: requested by the LC;
a. The LC shall communicate with a partner Legal Aid Provider to 7. Maintain confidentiality by disclosing any matter in relation to the
assess the referral of the case; case to media (TV, radio, social media) unless otherwise authorized in
b. If the referral is found to be viable, the LC Director shall prepare writing by the LC Director;
and transmit a referral letter stating the reasons therefor. The 8. Appear in hearings or proceedings where his or her attendance is
LC Director shall attach the application form, the consent for necessary or required; and
 9. Inform the LC regarding the client’s intent to change his or her e. The LC Director has a personal interest in the legal issue presented
residential address or contact details, or intent to leave the which is adverse to that of the applicant;
PROTOCOL AND MANUAL FOR LAW CLINICS

country. The absence or lack of response to any communication f. There is conflict of interest under the Code of Professional
sent by the LC may be construed as proof that the client left the Responsibility, Local Government Code, and other applicable laws; or
residential address, and that the client is no longer interested in g. There exists any circumstance analogous to the foregoing.
the services being provided by the LC.
B. Existence of conflict of interest, as provided in the next section; Once it is determined that a conflict of interest exists, the LC shall inform the
C. Securing the services of another counsel; and concerned applicant or client of its existence in writing and shall decline the
D. Other analogous circumstances application for legal assistance or withdraw its engagement as counsel.

The LC shall duly inform the Client regarding the termination through VIII. PRIVACY AND CONFIDENTIALITY
the Notice of Termination of Legal Services Form.
The LC shall at all times maintain and respect the privacy of persons and
VII. CONFLICT OF INTEREST protect the confidentiality of all documents and communications. The LC
shall adopt uniform practice and procedure for processing personal data in
22 There is a conflict of interest when the acceptance of new relations accordance with the Rules of Court, Code of Professional Responsibility, Data
prevents or tends to hinder the LC from the full discharge of its duty of Privacy Act of 2012 and its implementing rules and regulations, as well as other
undivided fidelity and loyalty to the client, or if such invites suspicion of related laws and issuances.
LEGAL ASSISTANCE AND CASE MANAGEMENT

unfaithfulness or double-dealing in the performance thereof.

IX. BRIEFING AND TRAINING ON THE PROTOCOL AND MANUAL
The LC shall implement measures to avoid actual or potential conflict
of interest. The LC Director shall ensure that all Supervising Lawyers, Law Student
Practitioners, and the Office Manager are properly briefed and trained
The LSP, in consultation with the Supervising Lawyer, shall identify any regarding the provisions of this Protocol and Manual, using the Training
actual or potential conflict of interest at the earliest possible opportunity. Modules provided.
The LSP and the Supervising Lawyer shall then refer the matter to the
LC Director for proper evaluation and resolution.

The LC shall not accept applicants or maintain engagement with clients

when:
a. The opposing party has previously discussed with the LC the
merits of the legal issue or case;
b. The applicant has a case or intending to file a case against the
college or university;
c. The applicant has a case or intending to file a case against a
funding partner of the LC or the college or university;
d. The LC has an interest on the legal issue presented which is
adverse to that of the applicant;