Dear PAO,
Nowadays, securing the services of a lawyer can be very expensive. For every pleading filed and every court appearance, there is a corresponding fee or compensation. Thus, I was wondering, can I engage an AI-generated lawyer to appear and litigate on my behalf?
Somnez
Dear Somnez,
No, an AI-generated lawyer cannot argue and litigate on your behalf.
Foremost, it is elementary that litigation on behalf of a client is one of the most publicly familiar roles for lawyers. It is widely considered to be the most common form of “practice of law.” (Cayetano v. Monsod, GR 100113, Sept. 3, 1991, Ponente: Chief Justice Ricardo Paras Jr.)
The practice of law is governed by Rule 138 of the Rules of Court, as amended. Section 1 thereof states that:
“Section 1. Who may practice law. — Any person heretofore duly admitted as a member of the bar, or hereafter admitted as such in accordance with the provisions of this rule, and who is in good and regular standing, is entitled to practice law.”
Hence, only those who are admitted as members of the Philippine Bar are allowed to litigate and represent clients before Philippine courts. But you may be wondering: What are the qualifications to be admitted into the Philippine Bar?
Section 2, Rule 138 of the Rules of Court, as amended, provides that “members of the bar must be a citizen of the Philippines, at least twenty-one years of age, of good moral character, and resident of the Philippines. Additionally, he/she must produce before the Supreme Court satisfactory evidence of good moral character, and that no charges against him/her, involving moral turpitude, have been filed or are pending in any court in the Philippines.”
Other than having these qualifications, it is common knowledge that passing the Philippine Bar Examination is the most rigorous step before one can practice law in the Philippines, to be followed by taking the lawyer’s oath and signing the roll of attorneys (Sections 17, 18, and 19, of Rule 138). Of course, one must first obtain a law degree from a law school duly accredited by the Legal Education Board (LEB) before he/she may be eligible to take the bar examinations (Republic Act 7662 or the Legal Education Reform Act of 1993).
Thus, the practice of law in the Philippines is a journey heavily regulated by the Rules of Court and the Supreme Court. Obviously, AI-generated lawyers cannot be admitted to the Philippine Bar since it cannot meet the qualifications pertaining to citizenship, age, moral character, and academic aptitude. Additionally, AI has no recognized legal personality, no accountability, and no measurable amount of ethical responsibility, which is an essential continuing requirement for the practice of law. That being said, you cannot engage an AI-generated lawyer to appear and litigate on your behalf. An AI-generated lawyer may have access to the legal materials available on the internet, but you can never replace the good character and the wisdom a lawyer gains throughout his legal journey.
We hope that we were able to answer your queries. This advice was based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
