Topic: Reasons for Lawyers to cease from practicing their profession.

INTRODUCTION

The practice of law is the noblest profession, so they say. As defined by the Court
in Cayetano vs. Monsod, it is any activity, in or out of court, which requires the
application of law, legal procedure, knowledge, training and experience. It is to give
notice or render any kind of service, which device or service requires the use in any
degree of legal knowledge or skill. Nevertheless, practicing law is not a walk in the park.
That then goes without saying that earning the title Attorney, will never be a piece of
cake. To become a lawyer, one needs to finish four years of arduous study that includes
digestion of voluminous books and cases, investment on books, sleepless days and
nights and a whole lot more. But that doesnt end there. The completion of four years in
the study of law is just a prequel to the hardships to be encountered during the review
and preparation to take the Bar Examination. And of course, to top it all is the anxiety
while waiting for the results of the examination. In a nut shell then, the road to becoming
a lawyer is, and will never be easy. So after the hardships to become a lawyer, why
cease from practicing it?

The Reasons

What are the reasons for lawyers to cease from practicing the profession?

There are many legal, personal, ethical issues that may arise when lawyers
cease to practice their profession or cease from litigation. The cessation from practice
may be permanent or temporary, it may be sudden or well planned and gradual, and
can occur from variety of reasons.
First of all is death; and this is for the obvious reasons.
Second reason may be illness and/or disability. This includes those lawyers who
are trying to recover from severe illness, or lawyers who are already physically disabled
to practice the profession.
 Third is the legal prohibition, whether absolute or relative prohibition. This
applies to those who in one way or another, would like to practice litigation but the law
says otherwise as they are incumbent in certain positions.

Absolute prohibition
a.) Judges and other officials as employees of the Supreme Court.
(Rule 148, Sec. 35 of the Rules of Court)
b.) Government Prosecutors
c.) President, Vice-President, members of the Cabinet
(Art. VIII, Sec. 15, 1987 Constitution)
d.) Members of Constitutional Commissions
(Art. IX-A, Sec. 2, 1987 Constitution)
e.) Ombudsman and his deputies (Art. IX, Sec. 8 2nd par, 1987 Constitution)
f.) Solicitor-General and Assistant Solicitor-General
g.) All governors, city and municipal mayors (RA 7610, Sec. 90)
h.) Prohibited by Special Laws retired member of the judiciary
(RA 910, Sec. 1, as amended)
Relative Prohibition
a.) Senators and members of the House of Representatives
(prohibition to appear) (Art. VI, Sec.14, 1987 Constitution)
b.) Members of the Sanggunian (RA 7610, Sec. 91)

Fourth, disciplinary action by the Court which disbars and suspends lawyers for
violating the Code of Professional Responsibility because of cases such as, but not
limited to, grossly immoral act, failure to adhere to high ethical standards to preserve
the courts integrity, etc.

Lastly, there are those who cease from practice due to personal reasons such
as: losing from a controversial litigation, money matters, focus in business, migration,
retirement and other possible personal issues that only cessation from practice may
solve.

Family rather than Career

There are lawyers who, despite the success in the chosen career, tends to
become less content when deprived from being with family to enjoy the fullest that life
has to offer. According to an interviewee, it is as simple as I no longer enjoy my
practice. When asked why, Id rather take care of my grandchildren and my farm. I got
tired of taking care of other peoples problems. Now, I want to take care of my family,
he said. This only proved that a man, no matter how successful in his career, if robbed
with the chance to have a balanced life, will be insatiable. It cannot be denied therefore
that some lawyers cease from practice because they feel like that theyve lost the time
of their lives when they were studying cases, preparing for hearings, counseling clients,
etc.; especially those who have started young and grew old in the courtroom with their
clients rather than see their childrens milestones. This explains the case of the old
lawyers who retire from practice to enjoy their families and remaining years in solitude
and away from stress.

More of a teacher than a lawyer

Another interviewee on the other hand, says he is more of a teacher than a
lawyer. When asked why he has taken law, he says it was the knowledge that he was
after. He says he prefers to be in the academe than practice litigation because he would
rather shape young minds than be in courtrooms. He further said that he would become
more fulfilled as a teacher who will make future leaders and future lawyers.

I cannot move on
In some cases, a few lawyers cease from litigation because of not being able to
let go of losing a case/s. Failing the bar examination may be frustrating but what could
be more frustrating than losing a case especially when you believe in the innocence of
your client? Whats the use of crying over spilled milk, some may say. But we can never
know the feeling unless we put ourselves in their shoes. Maybe the lost case involves
death of a client, or bankruptcy of a company. We can never tell.

Safety first
Then there was the response of an acquaintance when asked about his thoughts
regarding lawyers who cease from the practice of their profession. He believes that
some lawyers gave up their careers purposively for their safety. To support his opinion,
let me state one of my readings here in verbatim.
Philippine lawyers are subject to (death) threats, intimidation, surveillance by
suspected police and military agents and other acts of harassment, including labeling,
interception of email, phone and email traffic and intimidation in court. Many are
receiving threatening phone calls or text messages warning them to stop with their work
as human rights lawyer or with a specific case or other activities or else. Some of
them are labeled as enemy of the state especially lawyers who represent clients who
are accused of being a supporter or a member of the New Peoples Army (NPA).
Lawyers also fear for being silenced by fabricated charges. Last but not the least
lawyers are killed in relation to their legal profession or they are included in the militarys
order of battle or on a so-called hit-list. Since 2001, at least 24 lawyers were killed.
Victims are so-called human rights lawyers, public interest lawyers, or peoples
lawyers who render professional legal services for free to the poor (but outside the
context of formal legal aid programs provided by the Integrated Bar of the Philippines
(IBP) and the Public Attorneys Office (PAO) in the Department of Justice. They are
involved in defending civil and political rights as well as cases with respect to social,
economic, and cultural rights and/or cases where the rights of the elite are at stake.
(http://www.advocateenvooradvocaten.nl/countries/philippines/)

This is an issue that most lawyers fear of especially those who are very much
passionate about their profession. It is a shame though that cases like these happen
without the government seemingly doing nothing about it.

CONCLUSION
 These are only a few of the apparent reasons why lawyers cease from practice.
Whether the reasons are legal or personal, it saddens lawyers in the making that this
happens especially that being called an attorney is hard earned. The only thing that we
are all hoping for is that the incidence of murder of lawyers will not continually increase
and that lawyers who are human rights advocates will no longer experience intimidation.
I hope that lawyers who stopped from practice because of losing a case should
not stop from there. I hope that some time in their lives, they come to the point of
acceptance and become motivated again to continue where they left off.
I pray that those who do not practice litigation but are into education of the young
will not stop from what they believe in. I pray that they put all their efforts to make future
lawyers who, in as much as they can, will be able to bring a difference in todays
deteriorating world.
I salute the lawyers who have given half or more of their lives to the practice.
Now that they are enjoying their families, I pray that they get the remaining time of their
lives and fulfill what theyve lost.
Lastly, I hope that the remaining lawyers who are continuously practicing
litigation will adhere to their oath and always keep in mind the years of hardship they
went through to get to where they are now. As of today there are 589 lawyers In the
IBP-Cagayans list and only twenty five percent (25%) of which are in active practice or
litigation and around twelve percent (12%) are elected or appointed in government
positions. I hope the remaining sixty-three (63%) who are in practice will always give the
best in them for clients who are need.
Becoming a lawyer is not easy. And because you worked for it, value it.