How to Verify the Accreditation and Credentials of Lawyers in the Philippines
(A Comprehensive Guide)
Ensuring that a legal professional in the Philippines is properly accredited and credentialed is critical before engaging their services. This guide provides a thorough discussion of the steps and methods by which one can verify the authenticity of a Filipino lawyer’s qualifications, licensure, and standing.
1. Regulatory Framework Governing Philippine Lawyers
1.1. Constitutional Basis
Under the 1987 Philippine Constitution, the Supreme Court has the power to regulate the admission to the practice of law and the discipline of lawyers. This constitutional mandate underscores the Supreme Court’s central role in determining who may and who may not practice law in the country.
1.2. The Supreme Court and the Integrated Bar of the Philippines (IBP)
- Supreme Court: Oversees the admission of lawyers to the Bar, maintains the Roll of Attorneys, and exercises disciplinary authority over them.
- Integrated Bar of the Philippines (IBP): Under Republic Act No. 6397, the IBP was established as the official national organization of all Filipino lawyers. Membership in the IBP is compulsory for all lawyers in good standing.
1.3. Philippine Bar Examination
To become a lawyer in the Philippines, one must graduate from a recognized law school, pass the Philippine Bar Examination administered by the Supreme Court, and subsequently take the oath of office. After taking the oath, a lawyer’s name is entered into the Roll of Attorneys, signifying his or her formal admission to the practice of law.
2. The Roll of Attorneys
2.1. Official Roll of Attorneys
The Roll of Attorneys is the official registry maintained by the Supreme Court containing the names of all individuals licensed to practice law in the Philippines. Lawyers are entered into this Roll upon passing the Bar and taking the oath.
2.2. How to Check the Roll of Attorneys
- Supreme Court Official Website: The Supreme Court of the Philippines occasionally makes publicly accessible lists (though not always up-to-date) of lawyers who have been admitted to the Bar.
- Office of the Bar Confidant: Individuals may inquire directly with the Supreme Court’s Office of the Bar Confidant to verify if a particular person is in the official Roll of Attorneys and ascertain whether that person is in good standing.
- IBP Offices: Regional or provincial chapters of the IBP may also provide verification services.
Verifying a lawyer’s presence in the Roll of Attorneys is the most direct way to confirm whether a person is legally recognized to practice law in the Philippines.
3. IBP Membership and Good Standing
3.1. Mandatory IBP Membership
Upon being admitted to the Bar, every lawyer is required to be a member of the IBP. Active membership in the IBP is essential for maintaining the privilege to practice law.
3.2. What “Good Standing” Means
A lawyer in “good standing” meets the following requirements:
- Paid IBP dues and other mandatory fees;
- Not under an active suspension or disbarment order;
- Complied with Mandatory Continuing Legal Education (MCLE) requirements;
- Has no other disciplinary issues pending or enforced against them.
3.3. Verifying IBP Membership Status
- Contact the IBP: You can request confirmation of a lawyer’s membership status (whether they are an active member in good standing) from the IBP national office or from local IBP chapters.
- Proof of Payment: Lawyers in good standing typically can present a certificate of membership issued by the IBP or official receipts indicating payment of IBP fees.
4. Mandatory Continuing Legal Education (MCLE)
4.1. Purpose of the MCLE
Established under Bar Matter No. 850, the Mandatory Continuing Legal Education (MCLE) requirement was designed to ensure that lawyers keep abreast of legal developments, maintain the ethics of the profession, and enhance the standards of the practice of law.
4.2. MCLE Compliance
- Periodic Compliance: Lawyers must attend MCLE-accredited seminars, conferences, or courses within each compliance period (typically three years).
- MCLE Certificate: Lawyers receive an MCLE Certificate of Compliance (or Certificate of Exemption if qualified) from the MCLE Committee once they meet or are exempted from the requirements.
4.3. Verifying MCLE Compliance
The Supreme Court and the MCLE Office keep records of each lawyer’s compliance. A client can directly ask the lawyer for their latest MCLE compliance certificate or check with the MCLE Office under the auspices of the Supreme Court if necessary.
5. Disciplinary Records and Sanctions
5.1. Supreme Court Disciplinary Authority
The Supreme Court, through the IBP’s Commission on Bar Discipline, hears and decides administrative and disciplinary cases against lawyers. Those found guilty of misconduct may face:
- Reprimand
- Suspension
- Disbarment
5.2. Verifying a Lawyer’s Disciplinary Record
- Supreme Court Decisions: Disciplinary cases, once decided by the Supreme Court, are published online or found in official court reports.
- IBP Commission on Bar Discipline: Information about ongoing or resolved disciplinary cases may be obtained by inquiring with the Commission on Bar Discipline or the Supreme Court if the decision is final.
If in doubt, you may request a Certificate of Good Standing from the lawyer, which is typically issued if there are no adverse disciplinary findings against them.
6. Practical Steps to Verify a Lawyer’s Credentials
Ask for Basic Information
- Full name (as registered in the Roll of Attorneys)
- Roll number (if available)
- IBP membership number
Request a Photocopy or Scan of Their Lawyer’s ID
- The Supreme Court issues an Attorney’s ID upon admission to the Bar.
- Lawyers also carry an IBP ID indicating their IBP membership and chapter.
Check the Supreme Court Website or Contact the Office of the Bar Confidant
- Look for any official listing or record referencing the lawyer’s name.
- Confirm whether the lawyer is duly admitted and has no active suspension or disbarment order.
Inquire with the IBP
- Confirm membership status and whether the lawyer is in good standing.
Verify MCLE Compliance
- Check if the lawyer has an MCLE Compliance Certificate for the current compliance period.
Research Publicly Available Court Decisions
- Supreme Court decisions on disciplinary cases are accessible online and can confirm if a lawyer has been penalized or disciplined.
Ask for a Certificate of Good Standing
- A credible lawyer should be able to secure this from the IBP or the Supreme Court if there are no pending or decided administrative cases against them.
7. Red Flags to Watch Out For
- Refusal to Provide Credentials
- A legitimate lawyer will readily share or facilitate verification of his or her credentials.
- Name Discrepancies
- Inconsistencies in the name used on documents, IDs, or other credentials should prompt further scrutiny.
- Unverified Claims of Specialized Expertise
- While many lawyers focus on certain areas of law, the Philippine legal system does not formally confer “specialist” designations except in certain recognized fields (e.g., tax, IP) through additional licensure or accreditation processes.
- Exorbitant or Unorthodox Fee Arrangements
- While fees vary based on experience and complexity of cases, extremely unusual fee arrangements or a refusal to provide a written fee agreement may be concerning.
8. Conclusion
Verifying the accreditation and credentials of a Philippine lawyer is essential to protect one’s legal interests and ensure professional and ethical standards. The Supreme Court, through its Roll of Attorneys and disciplinary processes, as well as the Integrated Bar of the Philippines, serve as the primary authorities for confirming a lawyer’s legitimacy and good standing.
By diligently following the steps outlined—checking the Roll of Attorneys, confirming IBP membership, verifying MCLE compliance, and examining disciplinary records—clients can minimize the risk of engaging unqualified or unscrupulous individuals. Always remember that a genuine lawyer should readily assist in the verification process, as transparency is a hallmark of professional integrity.