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Question on Lawyers Fees (Professional, Appearance)

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MisterD


Arresto Mayor
Given that the complainant would be able to able to avail the services of the fiscal (which means there would be no professional fees nor appearance fees), and for the defendant, he has to hire a private lawyer (which means he has to pay for professional fees and appearance fees).

If the defendant is financially challenged (kapus sa buhay), can he/she be able to have a fair trial and defend himself/herself given that he/she may not be able to get the services of a private lawyer (due to financial constraints)?

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thepoetsedge


Reclusion Perpetua
Canon 14 of the Code of Professional Responsibility for lawyers state that "a lawyer shall not refuse his services to the needy."

Under the same canon, a lawyer may validly refuse to render service to such a client, under the grounds stated therein.

A court will assign a legal counsel to a party if he has none, and that is usually the Public Attorney located in the same City or Municipal Hall. They are usually competent as they come.

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MisterD


Arresto Mayor
So would that mean that the Defendant can also avail of the services of PAO (usually kasi ang complainant ang unang nagaavail ng PAO).

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thepoetsedge


Reclusion Perpetua
I think they can, since marami namang ibang lawyers yung nasa PAO that can handle the case of the defendant.

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MisterD


Arresto Mayor
thepoetsedge wrote:I think they can, since marami namang ibang lawyers yung nasa PAO that can handle the case of the defendant.
I see. May mga nahandle na po ba kayo na mga kaso which kung kabilang side is from PAO?

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thepoetsedge


Reclusion Perpetua
I am not a lawyer yet, still a law student. I believe, however, that the PAO can handle a defendant's case since that is part of their duty as a public lawyer. In a criminal case, the City Prosecutor is for the accuser's side while the PAO can be called for the defendant's side especially if the accused is indigent (as a way of example where the PAO is for the defendant/accused).

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MisterD


Arresto Mayor
thepoetsedge wrote:I am not a lawyer yet, still a law student. I believe, however, that the PAO can handle a defendant's case since that is part of their duty as a public lawyer. In a criminal case, the City Prosecutor is for the accuser's side while the PAO can be called for the defendant's side especially if the accused is indigent (as a way of example where the PAO is for the defendant/accused).
I see. What if the defendant is not indigent but financially uncapable of getting an attorney (kumbaga sakto lang ang budget nya for living expenses but unable to hire a lawyer)?

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