Last Monday, I was at the Bureau of Immigration in Manila to apply for accreditation for my new law office, to file two (2) applications for Special Work Permit for my Mongolian clients who are in the Philippines for a one-month fixed period employment as MTC Mongolian Language Interpreters and visit some old friends who are still working at the Bureau. Many things have changed over the years, since I was working there last. There is much order in the manner by which applications and extension of stay are being done. Accompanied by my brother Mike as the law office paralegal, we were able to make the extension and file the applications in a few hours. I was also told that the approval will come in two days.
Under the guidelines issued by the Philippine Department of Foreign Affairs, Mongolian nationals are considered as "unrestricted" nationals. As such, they do not need to obtain entry or 9(a) visas prior to entering the country. Upon arrival in the Philippines, the "unrestricted" foreign nationals will be given 9(a) visas valid for 21 days (shorter for some foreign nationals) which can be extended, if necessary, during their stay in the Philippines.
Aside from the 9(a) visa, the Language Interpreters/translators, whether restricted or unrestricted, must also have with them upon arrival (a) a passport valid for not less than six months beyond their contemplated period of stay, and (b) a valid return ticket.
Immediately upon the arrival and before the start of the orientation, and thereafter the training program, the interpreters/translators are required to obtain the proper work visa because they will be performing work in the Philippines. The interpreters/translators are employed on a one-time basis and will stay in the Philippines for a period of only four weeks. Under the circumstances, it would be sufficient for the teachers/translators to obtain a Special Work Permit ("SWP") valid for three months (and renewable for another three months) from the Bureau of Immigration in connection with the pilot training program. The emplyer is the local petitioner of the SWP applications.
The requirements that must be submitted in connection with an application for an SWP are as follows:
a) Letter-Request by petitioning company (duly notarized);
b) Photocopy of the pertinent pages of the passport and the authorized stay;
c) Signed bio-data/curriculum vitae;
d) Photocopy of SEC Certificate of Registration, By-Laws and Articles of
Incorporation of the petitioning company;
e) Contract of Employment/Appointment Letter; and
f) As per M. O. No. ELM-083, where the applicant shall receive compensation
from Philippine sources, there shall be submitted an Affidavit of
Undertaking to Withhold and Remit to the Bureau of Internal Revenue taxes
due on all income.
The processing period to obtain an SWP is around one week from the submission of the complete documentary requirements; while the estimated government fees are approximately PhP6,000.00 per application.
Showing posts with label Private Practice. Show all posts
Showing posts with label Private Practice. Show all posts
Tuesday, June 16, 2009
Sunday, February 22, 2009
PERSONAL PICK: Going Into Private Practice
Time is ticking so fast. After this week, I'll be back in the Philippines and have to get ready for the transition that will occur by the end of May 2009. Yes, I'm stepping out of Church employment and will be in private practice after that. Although I will still be doing most of the things I do now, as an outside counsel of the Church, I am a little worried because I don't know what to expect. For me this is an uncharted path and a huge step, which I am not sure I am ready to take on after being a lawyer for 10 years. But I'm sure things will be alright. There is always a unique set of advantages and disadvantages to going into private practice (having my own law firm with less than 3 associates), the same way as it is in going in-house or working at a big law firms. I have summarized below what I thought private practice means to me.
1. Private practice means operating as a “jack-of-all-trades,” offering legal services in a broad range of practice areas and thus having a whole lot of different clients. This is good coz I am really wanting some variety.
2. Private practice means doing the onerous task of tracking every minute of my time and that of my associates and paralegals in order to bill the Church as a client and possibly other clients who are not on fixed fee arrangement.
3. Private practice means frequently imposing high monthly and yearly billable hour requirements upon partners, associates and paralegals.
4. Private practice means performing substantive legal work, giving me the opportunity to improve my writing skills in drafting legal opinion and doing litigation.
5. Private practice means greater control in the direction and management of the law firm. I have to start thinking about benefits and perks for partners, associates and paralegals in an effort to tie compensation to company performance.
6. Private practice means highly varied work
7. Private practice means having a flexible work schedule. I hope I don't sleep in always..
8. Private practice means having more “Hands On” experience.
9. Private practice means having an informal, relaxed atmosphere and dress codes are less formal.
10. Private practice means fostering friendly, informal working relationships with my two partners and paralegals and secretaries.
There are, however, challenges that I have to be prepared for or if possible start thinking about countering the challenge right off the bat. In the next few days I need to evaluate in terms of the following:
1. Salaries. How much salary do I want to make monthly to pay myself for the work I do?
2. Law Firm Resources. What are the human and physical resources needed to have a law office?
3. Support Staff. What support staff should be hired and who should fill them in?
4. Office Space. Where is a good location and what amenities are needed?
5. Law firm stability and revenue. How can we ensure enough revenue monthly and what kind of clients to retain?
6. Benefits Options. How to have health care and other benefits,that I used to enjoy as an employee.
7. Social and Professional Isolation. How to ensure maintaining opportunity to socialize, network, share knowledge and seek guidance from others.
8. Prestige and Perspective. How can we be recognized eventhough we are a small law firm? How to maintain a local client base and a multi-jurisdictional presence at the same time?
1. Private practice means operating as a “jack-of-all-trades,” offering legal services in a broad range of practice areas and thus having a whole lot of different clients. This is good coz I am really wanting some variety.
2. Private practice means doing the onerous task of tracking every minute of my time and that of my associates and paralegals in order to bill the Church as a client and possibly other clients who are not on fixed fee arrangement.
3. Private practice means frequently imposing high monthly and yearly billable hour requirements upon partners, associates and paralegals.
4. Private practice means performing substantive legal work, giving me the opportunity to improve my writing skills in drafting legal opinion and doing litigation.
5. Private practice means greater control in the direction and management of the law firm. I have to start thinking about benefits and perks for partners, associates and paralegals in an effort to tie compensation to company performance.
6. Private practice means highly varied work
7. Private practice means having a flexible work schedule. I hope I don't sleep in always..
8. Private practice means having more “Hands On” experience.
9. Private practice means having an informal, relaxed atmosphere and dress codes are less formal.
10. Private practice means fostering friendly, informal working relationships with my two partners and paralegals and secretaries.
There are, however, challenges that I have to be prepared for or if possible start thinking about countering the challenge right off the bat. In the next few days I need to evaluate in terms of the following:
1. Salaries. How much salary do I want to make monthly to pay myself for the work I do?
2. Law Firm Resources. What are the human and physical resources needed to have a law office?
3. Support Staff. What support staff should be hired and who should fill them in?
4. Office Space. Where is a good location and what amenities are needed?
5. Law firm stability and revenue. How can we ensure enough revenue monthly and what kind of clients to retain?
6. Benefits Options. How to have health care and other benefits,that I used to enjoy as an employee.
7. Social and Professional Isolation. How to ensure maintaining opportunity to socialize, network, share knowledge and seek guidance from others.
8. Prestige and Perspective. How can we be recognized eventhough we are a small law firm? How to maintain a local client base and a multi-jurisdictional presence at the same time?
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