The political economy of alternative lawyering in the Philippines

Abstract

Alternative or developmental lawyering is the practice of law fundamentally for individuals, communities and sectors that have been historically, culturally and economically marginalized and disenfranchised. The main purpose of this study was to identify the significance of increasing the number of alternative lawyers in instigating social justice and empowerment within the poor and marginalized sectors. More emphasis was given on the profession itself rather than on the issues that Alternative Law Groups (ALGs) seek to address and resolve.

In this study, the qualitative-quantitative descriptive research method was used. The qualitative research data consisted of historical accounts, related literature and interviews with alternative lawyers working for different ALGs. The quantitative research data were gathered with the aid of a survey conducted among 20 students from each of the top three performing law schools in the country in terms of bar performance – Ateneo de Manila University, San Beda College and University of the Philippines – as of 2009. The respondents were chosen through simple random sampling.

The results of the questionnaire revealed that majority of the law students are aware of alternative lawyering and have an interest in pursuing the said profession. However, the results also showed that most of the respondents plan to or are specializing in areas far from alternative law. Regardless of this, more than 50% of the survey respondents recognize the need for more alternative lawyers. The researcher also found out that the law school of the students does not have a bearing on their opinion on whether more alternative lawyers are needed at present or not. But it definitely has a role in making law students aware, or knowledgeable even, of alternative lawyering.

The principal conclusion was that alternative lawyering is indeed a pragmatic tool in developing a society inextricably linked with structures governed by law. An increase in the number of alternative lawyers is indispensable in achieving social justice and empowerment among the grassroots. Law schools play a significant role in the realization of the aforementioned through curriculum review and development. They have the capability to produce excellent developmental lawyers who could uplift the quality of life of the disadvantaged sectors in society.