|

Amicus curiae, C3S23 CPRA

Section 23, Canon III

SECTION 23. Amicus curiae. – A lawyer shall not decline, without just cause, a request by any court, tribunal, or other government agency to act as amicus curiae in any proceeding relating to the lawyer’s expertise or field of specialization. (2023 Code of Professional Responsibility and Accountability or CPRA)

1. Amicus curiae

Amicus curiae – means “one (such as a professional person or organization) that is not a party to a particular litigation but that is permitted by the court to advise it in respect to some matter of law that directly affects the case in question.” (Merriam-Webster Online Dictionary)

Under this section, and without just causes, lawyers are prohibited from declining “a request by any court, tribunal, or other government agency to act as amicus curiae in any proceeding relating to the lawyer’s expertise or field of specialization.”

The courts may invite experienced and impartial attorneys to appear as amici curiae to help in the disposition of issues submitted to them. As such, the appearance of amicus curiae, whether by .invitation or by leave, has always been a matter of favor or grace, not of right or privilege. There is no right to compel the courts to permit amici curiae to appear. This simply means that the intervention of amicus curiae lies in the discretion of the courts, which may grant or refuse leave, according as they deem the proffered information timely and useful, or otherwise. Where matters of public concern are involved, the courts exercise great liberality in granting leave to appear; but where the parties are assisted by competent counsel, leave to appear as amici curiae has been usually withheld. In general, the courts desist from allowing the intervention as amicus curiae of anyone whose attitude appears to be partisan (such as a person in the service of those having private interests in the outcome of the litigation). (Forest Hills Golf and Country Club, Inc. v. Gardpro, Inc., G.R. No. 164686, October 22, 2014, Per Bersamin, J.)

References

Canon III, 2023 Code of Professional Responsibility

Similar Posts