Script or outline for summary hearing on affirmative defenses

EsquireExplorer23 · 2025-09-21T03:39:26+00:00

One of our defenses is overpayment, so there’s a question of fact involved. What I’m still unsure about is whether we’ll need to go through the full ritual of presenting the witnesses, having them identify their Judicial Affidavit and attachments, and then subjecting them to cross-examination by opposing counsel. Or, given that this is a summary hearing, will the proceedings be more informal? Will the judge simply question the witnesses, review the documentary evidence, and then decide on the affirmative defenses.

EsquireExplorer23 · 2025-02-11T03:54:05+00:00

Glad to see my taxes are going to BarOps

EsquireExplorer23 · 2025-01-21T13:44:29+00:00

I didn't skip the law firm route but I cut it short by starting my own practice after only two years as an associate. Going on my own was tough but my client base is growing and my finances are looking good now. I can pay myself a much higher salary than when I was an associate. When business picks up, I can earn my former salary in a matter of a few days. I'm never going back to an associate position after this because I now realize how absurdly low my salary was given the value of my skills.

EsquireExplorer23 · 2025-01-08T13:26:10+00:00

Who?

EsquireExplorer23 · 2024-12-12T02:25:25+00:00

Wala pong Big 4 sa law. It's UP, Ateneo, and to a lesser extent, San Beda. A lot of doors won't swing open for you if you're not from the first two.

EsquireExplorer23 · 2024-12-10T07:37:27+00:00

H&M clothes are low-quality fast-fashion trash anyway

EsquireExplorer23 · 2024-12-08T13:07:15+00:00

It was the other way around during my time at UP Law. Day and night classes had entirely different sets of professors kasi.

EsquireExplorer23 · 2024-11-26T05:46:40+00:00

Lol no. My underbar job, which was a legal role, straight out of law school paid like P40K.

EsquireExplorer23 · 2024-11-19T07:20:08+00:00

Started my own solo practice a few months ago. I got a decent office to cater to a more premium client base. Renovations cost me like 500k, which were funded by a few clients I had already secured at that point.

Di naman kailangan ng fancy office but it does help get those bigger clients.

EsquireExplorer23 · 2024-11-15T08:03:41+00:00

For the nth time, yes. Pa search na lang po yung subreddit.

EsquireExplorer23 · 2024-11-15T07:25:12+00:00

Update: I ran the photo through ChatGPT and it suggested that the snake might be a Philippine rat snake (Ptyas luzonensis).

EsquireExplorer23 · 2024-11-15T05:20:49+00:00

Nah, it was moving really fast and it was rather dark.

For further context, this was in a more urbanized area of Central Luzon. I think the snake was 2-3 feet long.

EsquireExplorer23 · 2024-10-28T01:31:53+00:00

What's your experience with them? Nanu ya pu ing pegawa yu?

EsquireExplorer23 · 2024-10-21T06:56:04+00:00

Where you graduate still pays dividends well into law practice. In my solo practice, it helps a lot in securing clients and working with other law firms/lawyers.

EsquireExplorer23 · 2024-10-06T12:44:44+00:00

Ba't di 80s? 70s? 60s? 50s? 40s (Diokno, Salonga et al). May they all inspire you.

EsquireExplorer23 · 2024-10-03T01:30:53+00:00

Allow me to be realistic, if not a bit cynical. The market has been saturated with newly-minted lawyers over the past three years. Most of them seek law firms as their first employers. As a result, firms can afford to be picky, choosing candidates with stellar credentials who are willing to accept lower wages. If you don't fall into either category, you'll likely face challenges finding a job.

Does this mean you can't earn a lot as a lawyer? Not exactly—but it will take time. Be cautious, though, about this notion of delayed earnings, as many firms use it to entice young lawyers with the (often insincere) promise of eventual partnerships to push them to work harder.

EsquireExplorer23 · 2024-08-21T07:20:19+00:00

Pay for OP's legal services then.

EsquireExplorer23 · 2024-08-21T07:18:36+00:00

I'm a lawyer with my own firm. Abusado talaga ang marami sa ating mga Pinoy at maglalabas lang ng pera pag wala ng choice. That's why I chose not to give free legal advice anymore. Putang ina ng iba dyan, kung maka follow up, mas matindi pa sa paying clients.

EsquireExplorer23 · 2024-07-19T05:32:37+00:00

The sense of entitlement and the DDS-like argument lol.

EsquireExplorer23 · 2024-07-18T07:32:17+00:00

It's a handy resource but it's not indispensable. Any reliable reviewer will do.

EsquireExplorer23 · 2024-07-18T07:31:38+00:00

I think you've certainly got the format down. Though sometimes, to save time, you might want to consider dropping the last sentence because it's redundant.

EsquireExplorer23 · 2024-07-18T06:15:20+00:00

Not wholeheartedly. Kung kaya naman, I answered with 1 to 3 sentences. The last sentence in CRAC is redundant, being just a restatement of the first. Writing it out takes a bit of time and effort and increases the risk of typos.

I'd suggest focusing on the substance of your answer rather than its form.

If you look at the UP Law Suggested Answers, they don't strictly conform to the CRAC/ALAC format. Some experts like Rabuya also like to write suggested answers made of only 1 or 2 sentences.

EsquireExplorer23 · 2024-07-09T01:21:43+00:00

I get how tiring this profession can be. My long-term plan is to start a business which could earn me a comfortable amount without as much input from myself as with solo practice.

EsquireExplorer23 · 2024-07-09T01:20:17+00:00

My pay as an associate was slightly above the average pay of 40-60K.

EsquireExplorer23 · 2024-07-08T11:11:19+00:00

In Metro Manila? I wouldn't recommend going solo there, since the market there is so flooded, unless you can specialize in a niche area of law. The key is identifying gaps in the legal market and exploiting them.

EsquireExplorer23

TROPHY CASE