A CERTIFIED LEGAL RESEARCHER IN THE PHILIPPINES

The Functions and Importance of a Certified Legal Researcher in the Philippines

A vital role in the dynamic landscape of the Philippine legal system.

Introduction

In the complex and dynamic landscape of the Philippine legal system, a legal researcher is a quasi-legal professional who serves as a vital member of the legal support team. They are indispensable not only to courts and government agencies but also to the legal departments of companies and private law firms. While the profession is not yet subject to a uniform, nationwide regulatory body, there is an ongoing and significant attempt to professionalize the role through specialized trainings and certification programs offered by academic institutions and lawyers' organizations. This effort underscores the growing recognition of the crucial importance of legal researchers in the field of administration of justice.

Functions of a Legal Researcher

A legal researcher's primary role is to be the intellectual engine behind the legal team. They operate in the background, conducting in-depth analysis and preparing the substantive legal groundwork for a case. Their functions include:

In-depth Legal Research

This is their core function. They conduct exhaustive research on statutes, presidential decrees, administrative orders, and, most importantly, jurisprudence (decided cases from the Supreme Court). They must be skilled in using both traditional resources like law libraries and modern digital databases such as e-library systems and online legal research tools.

Jurisprudence Analysis

They do not just find cases; they analyze them. This involves understanding the legal principles, doctrines, and precedents established in each case, identifying how they apply to the specific facts of a client's situation, and determining their precedential value.

Drafting of Substantive Legal Documents

This is a key differentiator from paralegals. Legal researchers are typically responsible for drafting the initial versions of critical court-bound papers, such as complaints and answers, petitions and motions, appeal memoranda, pre-trial briefs, and in-house legal opinions or position papers.

Statutory and Regulatory Monitoring

They keep abreast of changes in laws, rules, and regulations that may affect ongoing cases or the legal operations of the organization they serve. A legal researcher of a hospital, for example, keeps himself or herself updated with laws and regulations affecting healthcare professionals and healthcare institutions.

Fact-Finding and Case Synthesis

While they may not be on the ground interviewing witnesses, as that task is left to the lawyers or attorneys, they are tasked with synthesizing the facts gathered from a client or other sources and integrating them with the relevant legal principles and jurisprudence.

Legal Researcher vs. Paralegal: A Key Differentiation

While both legal researchers and paralegals are invaluable legal support professionals, their core functions and skill sets are distinct.

Paralegals

Paralegals are primarily focused on procedural law and administration. They are the ones who normally do the legwork in a legal department or law office, focusing on court procedure, communication with clients, and the physical filing of court-bound papers. They are adept at handling the "how" and "when" of the legal process—managing deadlines, coordinating with courts, and ensuring proper documentation.

Legal Researchers

Legal researchers, on the other hand, are focused on substantive law and analysis. They typically work in the background, preparing the substantive complaints, answers, petitions, appeal memoranda, pre-trial briefs, and other foundational documents that are needed for paralegals to do their work properly. While paralegals are skilled in procedure, legal researchers are expertly trained in jurisprudence analysis, legal reasoning, and the drafting of important, content-heavy court-bound papers. In essence, the legal researcher provides the intellectual foundation and legal argumentation, while the paralegal handles the practical execution and administrative flow of the case.

Importance of Hiring a Legal Researcher in a Government Agency or Private Company

Hiring a certified legal researcher offers significant advantages:

Enhanced Quality of Legal Work

A dedicated legal researcher ensures that all legal documents and arguments are meticulously researched and grounded in the latest jurisprudence, ensuring that no outdated or obsolete basis escapes their attention. This enhances the quality of work and strengthens a party's position in any legal proceeding.

Increased Efficiency and Productivity

By delegating complex research and drafting tasks to a legal researcher, lawyers and in-house legal counsels can focus their time and energy on high-level legal strategy, client counseling, and court appearances. This division of labor drastically improves the team's overall productivity. Of course, in all these functions, the legal researcher remains to be under the supervision and control of a lawyer.

Cost-Effectiveness

For private law firms and companies, hiring a legal researcher can be more cost-effective than having a full-fledged lawyer perform all research and drafting tasks. This allows for better resource allocation and potentially more competitive legal fees for clients.

Risk Mitigation and Compliance

In a corporate setting, legal researchers are crucial for monitoring legal and regulatory changes, helping the company stay compliant and mitigate legal risks. Their research can inform business decisions and prevent future legal issues.

Specialized Knowledge and Institutional Memory

A legal researcher can become a repository of specialized knowledge in a particular field of law relevant to the organization. This builds institutional memory and ensures consistent, well-informed legal advice over time. For example, a law firm may hire one legal researcher for labor cases, one for criminal cases and another for marriage nullity cases, ensuring that each of them acquires a hyper-focused specialization in their respective areas of work.

Support for an Overburdened Justice System

In government agencies, legal researchers are essential for processing the massive volume of cases and legal issues, allowing government lawyers and judges to make well-informed decisions based on sound legal principles. For example, courts and other law-related agencies of the government like the Department of Justice hire legal researchers so that adjudicative functions and policy decisions are guided by the prevailing case law.

Conclusion

The professionalization of legal research through training and certification programs is a commendable step forward, providing a formal structure and recognized standards for this vital profession. It acknowledges that effective legal practice is a team effort, where legal researchers provide the analytical and intellectual foundation upon which the entire legal process is built.