Problem Areas in Legal Ethics:

Cases & Commentaries

Topic 2. Law Student Rule

Atty. Rodel V. Capule, MD, author
Atty. Leah P. Laja, co-author

Problem Areas in Legal Ethics

Arellano University School of Law – Arellano Law Foundation
2020-2021

WARNING
Unauthorized reproduction or claim of ownership of this original [derivative] work by any person amounts to
copyright infringement.

Importance of law student practice rule

Courts across the country have recognized the need for "hands on" legal training, and without a student
practice rule, experiential clinical programs could not exist, given the prohibitions against the unauthorized
practice of law. - Ursula H. Weigold, The Attorney-Client Privilege as an Obstacle to the Professional and
Ethical Development of Law Students, 33 Pepp. L. Rev. 3 (2006)

Without a student practice rule, students would be deterred from assisting legal clients for fear of engaging
in the unauthorized practice of law. Thus, the limits in many practice rules on service to poor clients or to
the government not only served goals of altruism and public service, but may have allayed concerns of
practicing lawyers about competition from certified students. – id.

The need for Clinical Legal Education Program

xxx [M]any law students graduated and obtained admission to the bar without clinical experience. This lack
of practical training had particularly serious consequences for the neophyte criminal lawyer. As described
xxx: "The ordinary law school graduate trying his first criminal case not only does not know what to do next;
he does not know what to do first. Unlike his Wall Street counterpart whose firm provides a closely
supervised apprenticeship period, the neophyte criminal lawyer is not apt to find such on-the-job training
programs. The Wall Street litigator may take three years to argue his first motion; he may never try a case
entirely on his own. The criminal lawyer may have his first solo case a few weeks after passing the bar." –
People v. Perez, 594 P.2d 1 (1979)

……

The program confers a dual benefit: the student, under the supervision of an experienced trial lawyer, gains
exposure and training in actual trial techniques instead of the mere sterile description or observation of
them; the litigant obtains the participation of an enthusiastic young law student, who in all likelihood will
devote more time and energy to the case than the often harassed and overworked public defender. – People v.
Perez, 594 P.2d 1 (1979)

Threefold rationale behind the Law Student Practice Rule

1. to ensure that there will be no miscarriage of justice as a result of incompetence or inexperience of law
students, who, not having as yet passed the test of professional competence, are presumably not fully
equipped to act a counsels on their own;
2. to provide a mechanism by which the accredited law school clinic may be able to protect itself from any
potential vicarious liability arising from some culpable action by their law students; and
3. to ensure consistency with the fundamental principle that no person is allowed to practice a particular
profession without possessing the qualifications, particularly a license, as required by law.

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 - Bar Matter No. 730. June
10, 1997

A law student does not qualify as "professional legal adviser"

A law student ordinarily does not qualify as a "professional legal adviser" or enjoy the attorney-client
privilege. "[A] mere student at law, aspiring to future entrance to the profession, is without the privilege,
however much legal skill he may possess in comparison with some of those who are within it.” - Ursula H.
Weigold; The Attorney-Client Privilege as an Obstacle to the Professional and Ethical Development of Law
Students, 33 Pepp. L. Rev. 3 (2006)

RULE 138-A
LAW STUDENT PRACTICE RULE
SC Circular No. 19, prom. Dec. 19, 1986
SECTION 1. Conditions for Student Practice. — A law student who has successfully completed his 3rd year of
the regular four-year prescribed law curriculum and is enrolled in a recognized law school's clinical legal
education program approved by the Supreme Court, may appear without compensation in any civil, criminal
or administrative case before any trial court, tribunal, board or officer, to present any indigent clients
accepted by the legal clinic of the law school.

…LAW STUDENT PRACTICE RULE

Sec. 2. Appearance. — The appearance of the law student authorized by this rule, shall be under the direct
supervision and control of a member of the Integrated Bar of the Philippines duly accredited by the law
school. Any and all pleadings, motions, briefs, memoranda or other papers to be filed, must be signed by the
supervising attorney for and in behalf of the legal clinic.

The phrase "direct supervision and control" requires no less than the physical presence of the supervising
lawyer during the hearing.

…LAW STUDENT PRACTICE RULE

Sec. 3. Privileged communications. — The Rules safeguarding privileged communications between attorney
and client shall apply to similar communications made to or received by the law student, acting for the legal
clinic.

Sec. 4. Standards of conduct and supervision. — The law student shall comply with the standards of
professional conduct governing members of the Bar. Failure of an attorney to provide adequate supervision of
student practice may be a ground for disciplinary action.

RULE 138-A
LAW STUDENT PRACTICE
A.M. No. 19-03-24-SC (2019)
Whereas, pursuant to the provisions of Section 5(5), Article VIII of the 1987 Constitution, the Supreme Court
has the power to adopt and promulgate rules concerning the protection and enforcement of constitutional
rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bar,
and legal assistance to the underprivileged;
Whereas, there is a need to amend the provisions of Rule 138-A to ensure access to justice of the marginalized
sectors, to enhance learning opportunities of law students, to instill among them the value of legal
professional social responsibility, and to prepare them for the practice of law;

…….
Whereas, there is a need to institutionalize clinical legal education program in all law schools in order to
enhance, improve, and streamline law student practice, and regulate their limited practice of law; and
Whereas, to produce practice-ready lawyers, the completion of clinical legal education courses must be a
prerequisite to take the bar examinations as provided in Section 5 of Rule 138.

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NOW, THEREFORE, the Supreme Court En Banc hereby adopts and promulgates the Revised Law Student
Practice Rule.
The Revised Rule shall take effect at the start of the Academic Year 2020-2021 following its publication in two
(2) newspapers of general circulation.
June 25, 2019, Manila, Philippines.
…….

A.M. No. 19-03-24-SC

RULE 138-A LAW STUDENT PRACTICE
Section 1. Coverage. - This rule shall cover the limited practice of law by students certified herein. The limited
practice of law covers appearances, drafting and submission of pleadings and documents before trial and
appellate courts and quasi-judicial and administrative bodies, assistance in mediation and other alternative
modes of dispute resolution, legal counselling and advice, and such other activities that may be covered by
the Clinical Legal Education Program of the law school as herein provided.

…….
Section 2. Definition of Terms. -
(a) Clinical Legal Education Program is an experiential, interactive and reflective credit-earning teaching
course with the objectives of providing law students with practical know ledge, skills and values
necessary for the application of the law, delivery of legal services and promotion of social justice and
public interest, especially to the marginalized, while inculcating in the students the values of ethical
lawyering and public service. It consists of learning activities covered by this Rule undertaken in either
a) law clinic or an 2) externship, which shall incorporate the teaching of legal theory and doctrines,
practical skills, as well as legal ethics.

……
(b) Externship is part of the clinical legal educational program if:

• it allows students to engage in legal work for the marginalized sectors or for the promotion
of social justice and public interest, and

(b) it is undertaken with any of the following: (i) the courts, the Integrated Bar of the Philippines
(IBP), government offices; and (ii) law school-recognized non-governmental organizations (NGOs).

…..
(c) Law Clinic refers to an office or center which is a component of the law school's clinical legal education
program that renders legal assistance and services as herein provided to eligible persons, groups,
and/or communities.
( d) Law Student Practitioner is a law student certified under Section 3 of this Rule.
(e) Supervising Lawyer refers to a member of the Philippine Bar in good standing who is authorized by the
law school to supervise the law student practitioner under this Rule.

………
Section 3. Eligibility Requirements of Law Student Practitioners. -
No law student shall be permitted to engage in any of the activities under the Clinical Legal Education
Program of a law school unless the law student has applied for and secured the following certifications:
• Level 1 certification, for law students who have successfully completed their first-year law courses;
and/or
(b) Level 2 certification, for law students currently enrolled for the second semester of their third-year law
courses: Provided however, where a student fails to complete all their third-year law courses, the Level 2
certification shall be deemed automatically revoked. The certification issued shall be valid until the student
has completed the required number of courses in the clinical legal education program to complete the law
degree, unless sooner revoked for grounds stated herein.

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……
Section 4. Practice Areas of Law Student Practitioners. - Subject to the supervision and approval of a
supervising lawyer, a certified law student practitioner may:
For Level 1 Certification
( 1) Interview prospective clients;
(2) Give legal advice to the client;
(3) Negotiate for and on behalf of the client;
(4) Draft legal documents such as affidavits, compromise agreements, contracts, demand letter, position
papers, and the like;
(5) Represent eligible parties before quasi-judicial or administrative bodies;
(6) Provide public legal orientation; and
(7) Assist in public interest advocacies for policy formulation and implementation.

…….
For Level 2 Certification
(1) Perform all activities under Level 1 Certification;
(2) Assist in the taking of depositions and/or preparing judicial affidavits of witnesses;
(3) Appear on behalf of the client at any stage of the proceedings or trial, before any court, quasi-judicial or
administrative body;
( 4) In criminal cases, subject to the provisions of Section 5, Rule 110 of the Rules of Court, to appear on
behalf of a government agency in the prosecution of criminal actions; and
(5) In appealed cases, to prepare the pleadings required in the case.

…..
Section 5. Certification Application Requirements. - The law student must submit a duly-accomplished
application form under oath in three (3) copies, accompanied by proof of payment of the necessary legal and
filing fees.

The law school, through the dean or the authorized representative, shall submit to the Office of the Executive
Judge of the Regional Trial Court (RTC) having jurisdiction over the territory where the law school is located,
the duly-accomplished application form together with an endorsement under oath.

……
Level 1 Certification
The Executive Judge of the RTC shall evaluate, approve, and issue the certification within ten (10) days from
receipt of the application.
The Level 1 certification issued under this provision shall be valid before all courts, quasi-judicial and
administrative bodies within the judicial region where the law school is located.

…….
Level 2 Certification
Within ten (10) days from receipt of the application, the Executive Judge of the RTC shall (a) evaluate the
application together with its attachments, and (b) recommend to the Office of the Court Administrator
(OCA) the approval and issuance of the certification. If the Executive Judge finds the application to be
incomplete, the law school shall be notified and required to comply with the requirements within five (5)
days from receipt of notice.

The Level 2 certification issued under this provision shall be valid before all courts, quasi-judicial and
administrative bodies.
……
Section 6. Duties of Law Student Practitioners. - Acting under a
certification, the law student practitioner shall:

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(a) Observe the provisions of Section 24(b) [Disqualification by reason of privileged communication], Rule
130 of the Rules of Court;
(b) Be prohibited from using information acquired in one's capacity as a law student practitioner for personal
or commercial gain;
( c) Perform the duties and responsibilities to the best of one's abilities as a law student practitioner; and
(d) Strictly observe the Canons of the Code of Professional Responsibility.

Section 7. Use of Law Student Practitioner's Name. -A law student

practitioner may sign briefs, pleadings, letters, and other similar documents which the student has produced
under the direction of the supervising lawyer, indicating the law student practitioner's certificate number as
required under this Rule.

WON the attorney-client privilege attaches to confidential communications made to a law student
or law school graduate who has not yet been admitted to the bar
While still a third-year law student, [G.K.] started working as a part time, and later full time, administrative
assistant for defendant Investment Corporation of America (ICA). He graduated from law school in May of
that year and was apparently admitted to the bar in October. Subsequently, he continued to work for ICA in
his new capacity as house counsel.

Recently he was called to give deposition testimony regarding his knowledge and participation in certain
events involving ICA that occurred prior to his graduation from law school and admission to the bar. The
deposition ground to a halt after repeated objections by counsel for ICA [] on the basis of ICA’s attorney-
client privilege. The parties agreed to postpone the remainder of the deposition until this court could rule on
the applicability of the privilege.

Rule on Privileged communications does not attach to unsupervised law student

The attorney-client privilege protects from disclosure confidential communications made for the purpose of
obtaining a lawyer’s professional advice and assistance. It has long been held that the privilege applies only to
members of the bar of a court or their subordinates. - Dabney v. Investment Corp. of America, 82 F.R.D. 464
(1979)
Examples of such protected subordinates would include any law student, paralegal, investigator or other
person acting as the agent of a duly qualified attorney under circumstances that would otherwise be
sufficient to invoke the privilege. – id.
Courts have recognized an exception, however, to the general requirement that an attorney-confidant be a
member of the bar, in cases where the client is genuinely mistaken as to the attorney’s credentials. – id.

…..
To extend the attorney-client privilege to communications made to a law student unsupervised by a duly
qualified lawyer would, to some extent, encourage the public to entrust its legal concerns and seek legal
advice from persons as yet unqualified to engage in the practice of law.
It would, to that extent, undermine the power of the state to regulate this most sensitive of professions,
whose members are viewed, xxx as “guardians of the law, playing a vital role in the preservation of society.”
It would permit the claiming of the privilege not simply where one party to a conversation is an attorney
whose professional advice is sought, but in virtually any situation where legal confidences are exchanged. It
would unnecessarily blur the dividing line between qualified and unqualified attorneys, to the certain dismay
of the lay public and the ultimate detriment of the legal profession.
Confidential legal communications with a law student were no more privileged than similar communications
with a blacksmith. - Dabney v. Investment Corp. of America, 82 F.R.D. 464 (1979)

Participation of a certified law student under the Rules does not abridge a defendant's right to
competent assistance of counsel
First, law student participation in a criminal defense pursuant to the Rules of the State Bar does not, as a
matter of law, impair the constitutional guarantee to effective assistance of counsel.

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The defendant, in other words, is not merely represented by a student who has not been admitted to the bar;
he is represented by an experienced member of the bar who serves as counsel of record, undertakes personal
and immediate supervision of the student's performance, and assumes responsibility for the conduct of the
defense. – People v. Perez, 594 P.2d 1 (1979)

Rule 138 (RRC) Sec. 34

Rule 138 (RRC) Sec. 34. By whom litigation conducted. - In the court of a justice of the peace a party may
conduct his litigation in person, with the aid of an agent or friend appointed by him for that purpose, or with
the aid of an attorney.
In any other court, a party may conduct his litigation personally or by aid of an attorney, and his
appearance must be either personal or by a duly authorized member of the bar.

Right of an individual to represent himself

The Court recognized the party's right to self representation under Section 34, Rule 138 of the Rules of Court.
The Court ruled:
The Rules recognize the right of an individual to represent himself in any case in which he is a party. The
Rules state that a party may conduct his litigation personally or by aid of an attorney, and that his appearance
must be either personal or by a duly authorized member of the Bar. The individual litigant may personally do
everything in the progress of the action from commencement to termination of the litigation. A party's
representation on his own behalf is not considered to be a practice of law as "one does not practice law by
acting for himself, any more than he practices medicine by rendering first aid to himself.“
– Ciocon-Reer, et. al. v. Judge Lubao, A.M. OCA IPI No. 09-3210-RTJ, February 03, 2016

The phrase “In the court of a justice of the peace” means:

The phrase “In the court of a justice of the peace” in Bar Matter No. 730 is subsequently changed to “In the
court of a municipality” as it now appears in Section 34 of Rule 138, thus:
SEC. 34. By whom litigation is conducted. — In the Court of a municipality a party may conduct his litigation
in person, with the aid of an agent or friend appointed by him for that purpose, or with the aid of an attorney.
In any other court, a party may conduct his litigation personally or by aid of an attorney and his appearance
must be either personal or by a duly authorized member of the bar. - Cruz v. Mina GR no. 154207 April 27,
2007

Rule 138 section 34 does not apply in cases before the RTC
The Rules are clear. In municipal courts, the litigant may be assisted by a friend, agent, or an attorney.
However, in cases before the regional trial court, the litigant must be aided by a duly authorized member of
the bar. The rule invoked by the Torcinos applies only to cases filed with the regional trial court and not to
cases before a municipal court. - Bulacan v. Torcino, G.R. No. L-44388 January 30, 1985

But for the protection of the parties and in the interest of justice, the requirement for appearances in regional
trial courts and higher courts is more stringent. – Bulacan v. Torcino, G.R. No. L-44388 January 30, 1985

Reconciling the 2 rules

There is really no problem as to the application of Section 34 of Rule 138 and Rule 138-A. In the former, the
appearance of a non-lawyer, as an agent or friend of a party litigant, is expressly allowed, while the latter rule
provides for conditions when a law student, not as an agent or a friend of a party litigant, may appear before
the courts. - Cruz v. Mina GR no. 154207 April 27, 2007

Appearance of a law student in inferior courts does not require supervision of lawyer
For relatively simple litigation before municipal courts, the Rules still allow a more educated or capable
person in behalf of a litigant who cannot get a lawyer. - Bulacan v. Torcino, G.R. No. L-44388 January 30, 1985

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The rule, however, is different if the law student appears before an inferior court, where the issues and
procedure are relatively simple. In inferior courts, a law student may appear in his personal capacity without
the supervision of a lawyer. - BAR MATTER NO. 730 June 13, 1997
A law student may appear before an inferior court as an agent or friend of a party without the supervision of a
member of the bar. - BAR MATTER NO. 730 June 13, 1997

The term "Municipal Trial Courts" as used in these Rules shall include:
1. Metropolitan Trial Courts,
2. Municipal Trial Courts in Cities,
3. Municipal Trial Courts, and
4. Municipal Circuit Trial Courts.
- Cruz v. Mina GR no. 154207 April 27, 2007

BAR MATTER NO.730

June 13, 1997
For the guidance of the bench and bar, we hold that a law student appearing before the Regional Trial Court
under Rule 138-A should at all times be accompanied by a supervising lawyer.

Who is a “lead counsel”?

The "lead counsel" is the lawyer on either side of a litigated action who is charged with the principal
management and direction of the party's case, as distinguished from his collaborating counsels or
subordinates. – Santos v. Judge Lacurom, A.M. NO. RTJ-04-1823, August 28, 2006

Litigant must choose between self-representation or representation by counsel

The Court, however, notes the use of the disjunctive word "or" under the Rules, signifying disassociation and
independence of one thing from each of the other things enumerated, to mean that a party must choose
between self-representation or being represented by a member of the bar.
During the course of the proceedings, a party should not be allowed to shift from one form of representation
to another. Otherwise, this would lead to confusion, not only for the other party, but for the court as well.
If a party, originally represented by counsel, would later decide to represent himself, the prudent course of
action is to dispense with the services of counsel and prosecute or defend the case personally. – Santos v.
Judge Lacurom, A.M. NO. RTJ-04-1823, August 28, 2006

Caution when one act as his own attorney

This provision means that in a litigation, parties may personally do everything during its progress -- from its
commencement to its termination. When they, however, act as their own attorneys, they are restricted to the
same rules of evidence and procedure as those qualified to practice law; otherwise, ignorance would be
unjustifiably rewarded. Individuals have long been permitted to manage, prosecute and defend their own
actions; and when they do so, they are not considered to be in the practice of law. "One does not practice law
by acting for himself any more than he practices medicine by rendering first aid to himself.“ – Maderada v.
Judge Mediodea, A.M. No. MTJ-02-1459. October 14, 2003

Appearing as his own attorney is not “practice of law”

Clearly, in appearing for herself, complainant was not customarily or habitually holding herself out to the
public as a lawyer. Neither was she demanding payment for such services. Hence, she cannot be said to be in
the practice of law. - Maderada v. Judge Mediodea, A.M. No. MTJ-02-1459. October 14, 2003
The law allows persons who are not lawyers by profession to litigate their own case in court. The right of
complainant to litigate her case personally cannot be taken away from her. - Maderada v. Judge Mediodea,
A.M. No. MTJ-02-1459. October 14, 2003

Presiding judge has no discretion

The matter of allowing a law student to appear before the court unaccompanied by a supervising lawyer
cannot be left to the discretion of the presiding judge. The rule clearly states that the appearance of the law

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student shall be under the direct control and supervision of a member of the Integrated Bar of the
Philippines duly accredited by law schools. The rule must be strictly construed because public policy
demands that legal work should be entrusted only to those who possess tested qualifications, are sworn to
observe the rules and ethics of the legal profession and subject to judicial disciplinary control. - BAR
MATTER NO. 730 June 13, 1997

The respondent alleges that the complaint is irregular as it was signed not by the plaintiff but by
one who was not a member of the bar and who designated himself merely as "Friend counsel for the
Plaintiff."
The appellants argue that the municipal court did not acquire jurisdiction over the case.
They invoke Section 5, Rule 7 which states that [SEC. 5. Signature and address] [e]very pleading of a party
represented by an attorney shall be signed by at least one attorney of record in his individual name, whose
address shall be stated. A party who is not represented by an attorney shall sign his pleading and state his
address.

DECIDE.
Held:
Under the facts of this case, however, the applicable provision is Section 34, Rule 138 of the Rules of Court
which states:
SEC. 34. By whom litigation is conducted. In the Court of a municipality a party may conduct his litigation in
person with the aid of an agent or friend appointed by him for that purpose, or with the aid of an attorney. In
any other court, a party may conduct his litigation personally or by aid of an attorney and his appearance
must be either personal or by a duly authorized member of the bar.
- Bulacan v. Torcino, G.R. No. L-44388 January 30, 1985

Supervising lawyer should be the one to sign the pleadings

Rule 7 (RRC) Section 3. Signature and address. — Every pleading must be signed by the party or counsel
representing him, stating in either case his address which should not be a post office box.

Signing amounts to certification of lawyer

Rule 7 (RRC) Section 3. xxx The signature of counsel constitutes a certificate by him that he has read the
pleading; that to the best of his knowledge, information, and belief there is good ground to support it; and
that it is not interposed for delay.

Effect of unsigned pleadings

Rule 7 (RRC) Section 3. An unsigned pleading produces no legal effect. However, the court may, in its
discretion, allow such deficiency to be remedied if it shall appear that the same was due to mere inadvertence
and not intended for delay. Counsel who deliberately files an unsigned pleading, xxx, shall be subject to
appropriate disciplinary action.

Can a third year law student appear as private prosecutor in a criminal case
The petitioner, describing himself as a third year law student, justifies his appearance as private prosecutor
on the bases of Section 34 of Rule 138 of the Rules of Court.
The petitioner furthermore avers that his appearance was with the prior conformity of the public prosecutor
and a written authority of Mariano Cruz appointing him to be his agent in the prosecution of the said
criminal case.

The MeTC denied permission for petitioner to appear as private prosecutor on the ground that Circular No.
19 (1997) governing limited law student practice in conjunction with Rule 138-A of the Rules of Court (Law
Student Practice Rule) should take precedence over the ruling of the Court laid down in Cantimbuhan (1983).

Held:

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Petitioner expressly anchored his appearance on Section 34 of Rule 138. The court a quo must have been
confused by the fact that petitioner referred to himself as a law student in his entry of appearance. Rule 138-
A should not have been used by the courts a quo in denying permission to act as private prosecutor against
petitioner for the simple reason that Rule 138-A is not the basis for the petitioner’s appearance.
Section 34, Rule 138 is clear that appearance before the inferior courts by a non-lawyer is allowed, irrespective
of whether or not he is a law student. As succinctly clarified in Bar Matter No. 730, by virtue of Section 34,
Rule 138, a law student may appear, as an agent or a friend of a party litigant, without the supervision of a
lawyer before inferior courts.
- Cruz v. Mina GR no. 154207 April 27, 2007
Fiscal’s role when there is a private prosecutor
The permission of the fiscal is not necessary for one to enter his appearance as private prosecutor. In the first
place, the law does not impose this condition. What the fiscal can do, if he wants to handle the case
personally is to disallow the private prosecutor's participation, whether he be a lawyer or not, in the trial of
the case. On the other hand, if the fiscal desires the active participation of the private prosecutor, he can just
manifest to the court that the private prosecutor, with its approval, will conduct the prosecution of the case
under his supervision and control. – Cantimbuhan v. Hon. Cruz, Jr., G.R. No. L-51813-14 November 29, 1983

Sections 4 and 15, Rule 110 of the Rules of Court

SEC. 4. Who must prosecute criminal actions. — All criminal actions either commenced by complaint or by
information shall be prosecuted under the direction and control of the fiscal.
xxx xxx xxx

SEC. 15. Intervention of the offended party in criminal action. — Unless the offended party has waived the
civil action or expressly reserved the right to institute it separately from the criminal action, and subject to
the provisions of section 4 hereof, he may intervene, personally or by attorney, in the prosecution of the
offense.

May the State compel an accused to have a counsel?

[M]aking counsel available to all defendants is one thing but it is "quite another to say that a State may
compel a defendant to accept a lawyer he does not want."- Faretta v. California, 422 U.S. 806 (1975)

Right to counsel can be waived

Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel preferably of his own
choice. If the person cannot afford the services of counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of counsel. – Article III, Bill of Rights, Philippine
Constitution

Conduct of Self-representation
The right of self-representation is not a license to abuse the dignity of the courtroom. Neither is it a license
not to comply with relevant rules of procedural and substantive law. - Faretta v. California, 422 U.S. 806 (1975)
The right to self-representation, though asserted before trial, can be lost by disruptive behavior during trial,
constituting constructive waiver.

Articulating that the court can, after warning the pro se defendant, terminate the defendant's right to self-
representation for engaging in courtroom misconduct.

A defendant can lose his right to be present at his own trial as guaranteed under the Sixth Amendment if he
is warned by the judge that he will be removed for disruptive behavior and then continues to conduct
"himself in a manner so disorderly, disruptive, and disrespectful of the court that his trial cannot be carried
on with him in the courtroom.”

Thanks for your listening!

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