Ready for the BIO-age??

As the question mark in the title suggests, it serves as a challenge to the lawmakers and the judiciary department.At the turn of the century, science has fast-tracked to unimaginable proportions that it brought about not only the advance of the internet technology and electronics but also bio-research. Definitely the advance in one branch of science carries everything in its path forward. The article talks about certain issues that have just started appear and in just less than a decade, but recently, there have been numerous discoveries and advances in bio technology that it even crosses the boundaries of the old definition of bio-science itself, I reckon that this article has as much significance as the author may have perceived at the time he wrote it. Internet and electronics has increased the speed of research that it even minimizes the need to use the indispensable help of lab rats in the process.

There are a few things that came into my mind when I read this article. Please feel free to add:

1. Green Peace against Genetically Modified Organisms. This case involves questions regarding Intellectual Property and Environmental ethics:

a. Since when did a product of nature become an intellectual property of another person? Scientists can name dinosaurs, newly discovered species and other previously unknown phenomenon to their liking but they cannot claim it as their own. This scientific advance introduced new questions on ethics and morality that may have not been thought of before. Science has advance so quickly that the legal department should better think fast. Such legal issue I think will become a challenge to the legislation as well as to the Supreme Court.

b. Is it ethical to introduce these organisms to the environment? Following Darwin’s theory of evolution, it took nature billions of years for the organisms that we see today to evolve in order to adapt to the environment and coexist with others and it will only take years or even a baffling number of days to change the face of nature. One classic example of this event would be the accidental introduction of a hybrid the so-called killer bees (hybrid south-African bees) that overtook the more friendly farm bees in North America. Although exaggerated by the media, this phenomenon should serve as a stern warning to scientists that genetic engineering is still a young science and that it demands a more cautious and responsible procedure to deal with it.

Science has always been a double edged-sword; it either preserves and maintains life like the invention of vaccines by Edward Jenner in 1796 and Penicillin by Sir Alexander Fleming in 1928; bring utter destruction to mankind in Alfred Nobel’s invention of the dynamite and Einstein’s research on atoms which opened the door to nuclear fission research that later developed the nuclear bomb.

The precautionary principle then needs to be redefined to give it more teeth to address this new issue. Section 5, article II of the Philippine constitution speaks of the protection of the life, liberty, and property, and promotion of the general welfare. I think the constitution are already set to deal with these kinds of issues but the government with all its legislative, executive and judicial powers should act in order to uphold the constitution by enacting more laws to protect the environment and mankind.

2. The passage of the U.S. Congress of the Law in stem-cell research. Another sensitive issue not only concerning science but also posed some ethical questions. In wikipedia, it stated the reason as to why this is a controversial issue that involves international concern. There exists a widespread controversy over stem cell research that emanates from the techniques used in the creation and usage of stem cells. Human embryonic stem cell research is particularly controversial because, with the present state of technology, starting a stem cell line requires the destruction of a human embryo and/or therapeutic cloning.

In the most recent news, the North Carolina Legislative Panel already passed the stem cell research guidelines. Online news reported: Under the bill, the state will officially allow research using so-called leftover human embryos from fertility clinics. Scientists will be allowed to destroy the days-old unborn children for research.

3. DNA fingerprinting. The main focus of the article, as it changed the way decisions (not only judicial) are made in the other countries it would not be too long when this method will be used to resolve cases in the Philippines as well.

4. Recent development of sciences that were involved in crime-research like the use of Zoology with its study on the behavioral patterns of the animals to aid in criminal profiling. A perfect example of this is an episode in National Geographic about the capture a criminal of murder wherein the case remained unsolved for decades until they hired a zoologist to identify the criminal.

5. Use of biological agents to reduce greenhouse gases. This solution was not perceived before, but the problem in the environment is really that bad (understatement?) that it would need help that it could get even from microorganisms and their ability to break down compounds into simple elements or their ability to make new substances out of certain compounds.

The technology in the west is so advanced that it might take time before it even comes to the Philippines. This however does not exclude us from contemplating on the issues. The boundaries between states are fading as the century moves forward that we must be prepared before one of these issues hit us.

Young Lawyers Move On … Share in the Unfolding of the Divine Plan

Passing the bar exam is probably the most memorable moment that could come across a lawyer’s life. There’s no doubt that every lawyer could not forget in the agonizing anticipation for the bar exam results. The speech of the Chairman of the Committee on Bar Examinations turns the celebratory mood into a more serious note.It is a profession that has behind it, the history of nobility and greatness, responsible for providing rhyme, order and reason to this restless world.”

Surely if I would seek to validate this statement I would find a lot of sources that can prove it but then it would not be argument worth discussing. The question now is how long the lawyers can maintain this inside the ‘triumvirate of ancient professions’? Certainly the shift of the perception of the public on lawyers has alarmed the Supreme Court itself so that there is a need to raise the issue with the new lawyers. Should the situation need to improve then it will need new lawyers that have unquestionable integrity and an unbridled passion for upholding the justice system.

Definitely, conflicts are catalysts to the advance of civilization and there’s no arguing that what spawned from it are professionals that are dedicated to the resolution of conflicts but it has become arduous and painful that the parties involved, would lose so much and end up blaming the lawyers for their plight. Also, the questionable integrity of some of the lawyers has contributed to the waning trust of the public. This also gave rise to the need for Alternative Dispute Resolution. Although a few have chosen to settle their disputes outside the court from time to time, it has become a need to settle the court for a faster resolution and to reduce the workload of the judges.

Justice

Photo originally uploaded by John Linwood

Reaction: E-values for Lawyers

“We always have a choice” Sue Richards, the Invisible Woman of the Fantastic Four said during a confrontation with the good natured (I guess women have that inherent ability called “empathy” that most men seem to lack) but corrupted Silver Surfer in questioning his motive in helping the uber villain Galactus in consuming the planet. Sometimes our positions, personality and abilities put us into a predicament; because others would want to exploit us to further their own ends; in the case of lawyers,with the power that they hold they abuse it for their own benefit; whether we like it or not, sometimes we are drawn into conflicts and we don’t know how to deal with it. And we end up saying “I have no choice.”

In this article, the author stated two reasons why people chose to enter into lawyering:

• Honor, prestige and money were the most influential factors that lead them to pursue a career in law.

• The altruistic feeling of being able to help in the administration of justice, which is the foremost responsibility of a lawyer.

It is sad, I could not help but agree that majority choose the first, an apparent and easy choice. While it is the natural to man to choose himself first before others, lawyering being a profession demands that a lawyer should forgo personal interests and face a more pressing responsibility that arises just right after he was declared as such “to help in the administration of justice.” Such responsibility is embodied in the lawyer’s oath and even further expounded in the canon rules of the Code of Professional Responsibility.

CANON 1 – A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law of and legal processes.

The profession of lawyering is also a vocation in itself. Like any other profession, it could not realize its true goals without the guidance of God and the recognition that there are certain morals to follow in the course of practicing law. It should be a lawyer’s responsibility to uphold the dignity in the profession, pursue the cause of justice and promote respect for the rule of law, with God at the center of it all, we can be holy in a “not so-holy” profession. Indeed this profession has already become tainted by a few who chose a different path but it is not yet too late, we always have a choice.

Pursuit of excellence

Canon 5 – A lawyer shall keep abreast of legal developments, participate in continuing legal education programs, support efforts to achieve high standards in law schools as well as in the practical training of law students and assist in disseminating the law and jurisprudence.

Clearly, it is sinful to not pursue excellence in the practice of law. The presence of such provision in the Code of Professional Responsibility clearly underscores the importance of a lawyer’s continuous development that it is not enough to just pass the bar exam to be a lawyer. In the practice of law, the competence of a lawyer could determine protection of the client’s interest and also to ensure that justice is upheld.

Lastly, while life can be short and fleeting let us not fail to realize that each of us contribute something to mankind’s civilization and a lawyer has a bigger opportunity to affect change. Let the change be for the best.

“Great things are not done by impulse, but by a series of small things brought together.” – Vincent van Gogh

Lawyering @ the 21st Century

“It has become appallingly obvious that our technology has exceeded our humanity.” – Albert Einstein

Such situation is true even as of now. It’s no doubt that the invention of the atomic bomb has brought unforseen destruction that left a wound that even refuses to heal up to now. If history is bound to repeat itself then it has during the explosive advance of information technology, now with a greater blast radius, global effect and the damage irreversible. Just kidding. Haha. Of course that’s one way some people see it, paranoid in a way, but you cannot discount that the recent explosion caught the whole world unawares. The creator of the ‘love bug’ got away scot free because there was no legislation passed at the time of the offense, millions of dollars were lost; the internet also become a haven for sex offenders from all around the world and it was just recently that US authorities started to agressively arrest offenders (MySpace profiles lead to sex-offender arrests – By PEGGY O’HARE Copyright 2007 Houston Chronicle). Clearly there is an apparent gap between the legislation for information technology and the technology itself. The article calls for immediate action, we have to deal with it because it’s not that it’s happening it JUST happened.

Intellectual Property

An article in Wikipedia regarding 21st century talks about Intellectual property:

The increasing popularity of digital formats for entertainment media such as movies and music, and the ease of copying and distributing it via the Internet and peer-to-peer networks, has raised concerns in the media industry about copyright infringement. Much debate is proceeding about the proper bounds between protection of copyright, trademark and patent rights versus fair use and the public domain, where some argue that such laws have shifted greatly towards intellectual property owners and away from the interests of the general public in recent years, while others say that such legal change is needed to deal with the threat of new technologies against the rights of authors and artists (or, as others put it, against the outmoded business models of the current entertainment industry). Domain name “cybersquatting” and access to patented drugs to combat epidemics in third-world countries are other IP concerns.

Commerce and trade according to Atty. Chan-Gonzaga changed in the 21st century with GATS and the apparent globalization. A country like the Philippines cannot keep herself in recluse while its neighbors take a slice from the new world with its vast potentials still untapped. A lawyer in the Philippines may offer services of mediation for parties in Singapore through email; giant internet companies like Google and Microsoft are in constant legal battle concerning new issues that arise from the products that they are selling and among the most common issues is intellectual property.

Profession vs. Trade?

Boundaries between nations start to fade, old legal terms need to be redefined (Cayetano v. Hernandez) and the relationship between client and lawyer may change as well. With the easily accessible and oft cheap means of communication, a budding new culture has surfaced and the nature of relationship between individuals are also affected. The question of lawyering being a profession is questioned and challenged again. The internet has spun an intricate web connecting us to everyone around the world that at most times, communication become less personal which tends to make lawyering lean towards just being a commodity.

Lawyering at the 21st century emphasizes the need for lawyers and the law to keep up with the past paced change in the internet and to the future lawyers, there are new frontiers that opened up with it. This is reminiscent of the emperialism in the 1500s where countries like Britain and others in Europe set out to the new world discovering new resources and opening new trade routes. Can we keep up?

The Role of the Lawyers in these Changing and Challenging Times

There are countless times where the lawyers are in the front lines, finding themselves torn in between the conflict, risking their lives and of their families and working in a sometimes cruel and dangerous environment just to uphold the law. Lawyers and us who would want to practice law see the world as an ever changing and challenging world.Protection of Human Rights

Here is an excerpt from the article on Basic Principles on the Role of Lawyers from the Office of the High Commissioner for Human Rights:

Whereas professional associations of lawyers have a vital role to play in upholding professional standards and ethics, protecting their members from persecution and improper restrictions and infringements, providing legal services to all in need of them, and cooperating with governmental and other institutions in furthering the ends of justice and public interest…

War crimes trials are held from across the globe, new legislations are passed and new issues arise from conflicts wherein lawyers take up roles in very important events concerning the protection of the human rights and upholding domestic and international laws.

Recently, the Sierra Leone court gave war crimes verdict to offenders related to Sierra Leone’s 1991-2002 civil war. It is the first where an international community ruled on the recruitment of child soldiers. Such achievements will not happen without the lawyers working to conduct a trial to ensure that the law is upheld and the sentence delivered.

Catalysts for Change

The two most recent top bar passers from Cebu, if I’m not mistaken said in one media interview that they wanted to be “catalysts for change” and countless other people want to be. Yet the lawyers have the power and capability to make lasting effects. Such power coupled with a good sense of responsibility can move the nation forward.
Cliché as it may sound but law has a significant impact on the nation and the society. For the nation to move forward, she needs an excellent legal system and set of policies that would serve as foundations for a stable and growing economy. Lawyers have the power and the ability to initiate change in the society. That power, as most of us have seen has been gravely abused in the present but still if there are people who can rid the corruption in our society they are the same people who became the source of the problem. The legal system is a battlefield of lawyers who would like to protect the freedom of the citizens against power hungry lawyers who like to further their influence, protect their own interests and increase their wealth.

On the other note, technological advances would require assistance from lawyers for the protection of intellectual property and new laws need to be passed in order to cope with the latest advances in technology. Last June 14, 2000, former president Joseph Estrada signed the Electronic Commerce Act in response to the growing marketplace in the Internet. Had this law not passed a few years ago the Internet commerce in the Philippines would not have flourished. Nowadays, anyone can purchase products from the local e-bay or even purchase products from other countries.

Throughout history, lawyers have played a vital role in the major events of the civilized world. From a simple domestic case to major conflicts in a nation in most cases politics, from enacting local ordinances to passing a major law in the congress even in the declaration of war or peace.

Notes:

Basic Principles on the Role of Lawyers (Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990)

Sierra Leone court gives first war crimes verdict (June 21, 2007) – SABC news (http://www.sabcnews.com/africa/west_africa/0,2172,151261,00.html)