LEGAL COUNSELING

COUNSELING
 is the art of giving advice and information on a particular problem or
hypothesis including the adoption of a course of action to be taken for the
solution thereof.

LEGAL COUNSELING
 is the art of giving advice and information concerning the solution of a legal
problem arising from a given state of facts and the adoption of appropriate
reliefs or remedies under the law for the satisfaction and enforcement of a
legal obligation before a judicial or quasi-judicial body

PROBLEMS OF NEW LAWYERS

1. Whether to open a law office

Two great problems or handicaps

a) Lack of necessary experience
b) Lack of clientele

2. Whether to work as an apprentice or assistant in law office of a brother-

lawyer already established independent practice.

3. Whether to enter in government service

FACTORS THAT MAY AFFECT YOUR DECISIONS

1. FINANCIAL
2. FAMILY TIES
3. POTENTIAL CLIENTELE

CHOOSING THE LAW OFFICE TO WORK IN

A) ESTABLISH LAW FIRM

 Some say entering into an already well-established law firm is 100 times
more difficult than passing the bar.

 For the old lawyers “the hiring of a new lawyer is one of the most
hazardous undertaking that the old practitioner is called upon to perform.
The eager youngster may know much about the law, but he usually is not too
well versed in the methods of utilizing such knowledge

1. WHAT NEW COMMER TO EXPECT

 To be a researcher
 To appear for postponement purposes
 The pleading he made shall be revive entirely
  Handling collection cases or preparation of position papers in labor
cases

2. ATMOSPHERE AT THE LAW OFFICE

 Adjustment

General norms of conduct

1. He must be industrious and studious
2. He must have devotion to his work
3. Deep sense of responsibility
4. He must be loyal to his chief or the lawyers in whose law office he works
(Professional Secret)
a) Keeping a secret of a client (do tell the opposing counsel or party litigant
to go to court in order to get must better share)

3. DEALING WITH SENIOR PARTNER

 Young lawyers must be attentive and astute. He must what is to be

done without waiting for someone to explain

 Most of the time senior partner will only assign the work but will not
tell you how to do it because most of the time these senior partners are
very busy. These senior partners may don’t have time to instruct but
they are very observant, in order words they have plenty of time to
observe.

 Before going to the senior partner to seek an advice, you must first
examine all the facts and look for all applicable laws

 LOYALTY, DEVOTION to duty and DELIGENCE, upon these three

virtues, YOUNG LAWYERS is made and unmade

B. OWN LAW OFFICE

1. Location (consider the convenience of your client)

a) Office Site
b) Office Building (Bank or OfficeBuilding are preferred)
c) Furniture / Office Equipment
d) Cubicle (confidential area)
e) Library
f) Staff (Keeping accounts)

PRACTICE OF LAW
TWO ASPECTS in law practice
1. Scientific or academic
 2. Practical aspect or the art of practicing law

TO ACHIEVE SUCCESS IN LAW PRACTICE

1. Lawyer must be armed with the theoretical knowledge he had learned from
the law school; AND
2. With adequate experience
3. However, experience alone cannot give him success; he must have sufficient
clientele

BAR EXAMINIATION
 The bar examination is merely a test of one’s ability to analyze factual
statements in the term of legal principles. It is not the test of his ability to
enforce the legal rights of any member of society in and out of court

Supreme Court Justice

 TRIAL WORK IS AN ART. More than mere graduation from a law
school is needed to acquire it. No lawyer should undertake legal work for
which he is not thoroughly equipped. The practice of law is too important, too
sacred. Almost every case is vital concern to someone.

AS AN ADVICE
 Young lawyers should start their careers by working in already well-
established law offices.

 While it is advisable for the young lawyers to start his practice as an

assistant in a well-established law firm, he should always keep in mind that
there is no future in working for somebody in the law business. He must get
on his own feet and be a professional man as soon as he is ready.

LEGAL COUNSELING as essential component of lawyering

 It is a given fact that before one, who encountered legal problems, decides to
immerse on a protracted court litigation, should not be timid to first consult a
well-meaning lawyer.
 AS A LAWYER, you must exhaust all avenues for amicable settlement. It is
only when all avenues for conciliation have been resorted to but failed, that
one is left with no other recourse but to go to court. This is because we live
under the government of laws and not of men. Gone were the days when
might is right and the mighty is the law. A lawyer who advises his client to
bring his problem at once to court without undergoing the mediation
process, is not a good lawyer. Perhaps he is only after his clients purse
unmindful of finding a better and less expensive solution to his client’s
problem.

IMPORTANCE OF LAWYERS IN SOCIETY

  Lawyer is one of the oldest profession in the society, it existed even
before Christ. Even after the death of Jesus, there were two lawyers
who claimed the body of Christ in order to give him a decent burial

 We have a diverse society compose of men and women who specialized

different field of endeavor. We have doctors of medicine to treat our
ailments, we have architects to design and make beautiful plans of our
house, engineers who build bridges and a priest who listen to our
confession. But all of them are helpless when it comes to solving their legal
problems. Examples: the doctors were sued for malpractice; the priest was
sued for solemnizing illegal marriage or crimes against chastity.

 The community cannot endure without order and that order cannot be
attained without laws to govern the conduct of individuals. Laws can be
interpreted only by the judges, and judges must first be lawyers. Thus,
ultimately, government of laws is in effect a government of lawyers.

 Under our system of government where everybody is equal before the eyes
of the law, the services of a lawyer are second to none. Lawyers are in a
peculiar situations of influence in his continuous contract with great variety
of people. His advice and his assistance are sought by the wealthy and the
poor; strong and the weak; honest and dishonest

WHAT IS CONSIDERED PRACTICE OF LAW?

 People vs. Villanueva, 14 SCRA 109. Law practice is more than isolated
appearance, for it consist of frequent and customary actions, a succession of
acts of the same kind. One is said to be engaged in the practice of law if he
is customarily or habitually holding himself out to the public as lawyer, and
demanding payment for such services. Preparing documents and rendering
legal services are within the term practice f law.

 Practice of law is not limited to the conduct of cases in court. It includes

preparation of pleadings and other papers incident to actions and special
proceedings.

WHEN NOT TO ACCEPT A CASE?

 One cardinal advise to the lawyer by the way is. “Don’t take a case unless
you belief it.”

 If the client has really no cause of action or defense at all, but merely seeks
your legal services to delay and buy time, to obstruct justice and harass the
court or the adverse party and you ought to know this as a counselor-at-law,
then you should not accept the case.
  Although this is impractical for new lawyer but somehow affect your
reputation. Imagine if you always lost a case in court. But this is not
involved one’s belief as to whether or not a client is guilty, since you still
have the duty to see to it that he is given the full benefits of the law and all
the legal defenses he is entitled to. But if the client really has no cause of
action or defense at all, but merely seeks your legal advice to delay and buy
time, then you should not accept the case.

HOW TO SUSTAIN LAW PRACTICE [SPECIALIZATION]

 Legal luminaries say; “the law is stable, but it cannot stand still”. It is a
progressive science, growing and progressing on the new problem. The new
lawyers must keep abreast with these new laws and new doctrine.

 Former Justice Minister Ricardo Puno once said, “when one studies law,
passes the bar and becomes lawyer, he is perpetually condemned to study
law, otherwise, he will become useless like a farm implement that becomes
rusty for non-use”. If a lawyer is to succeed in his practice, he must keep
abreast with recent legislation and their amendment, as well as with the
latest jurisprudence. Passing the bar only marks the beginning of a law
career. Lawyers must attend MCLE

A) Refutation

Lawyer must have good refutation by enhancing experience, skill

dependability, integrality, ability to produce results and a good public relation with
the courts, the bar and the public. If a lawyer is to succeed in his practice, he must
keep abreast with recent legislation and their amendment, as well as with the latest
jurisprudence.
A good refutation will get you clients, but you cannot earn a good refutation
unless you have some clients in the first place. So must first have clients and the
best and easiest place to begin developing new clients in your own circle of friends
and acquaintances.

B) Specialization

A law practitioner should seek light from his own evaluation of his
capabilities and assets, whether field he has chosen is really his favorite and that it
is his chosen field where he can show his skill and talent. Once having chosen a
specialization, he should restrict his practice therein by starting with few cases. As
your name is known in that line, then your clientele will gradually increase in
number, so much so that your fellow lawyers will refer some of their clients,
relatives and acquaintances to you.
 However, specialization is rather difficult to succeed when you are
practicing in rural areas or provinces, because you cannot restrict your practice in
only one field. Hence, if you contemplate to devote specialization in the rural
areas, you might end in frustration. At most only general practitioners will be able
to thrive in the provinces and municipalities.

C) Membership to different law association

It is necessary for lawyer in order to familiarize himself with the recent

development in our legal system and judicial system. This is also one way to know
the temperament of your fellow lawyers and judges as well.

EXPECTATIONS OF CLIENT FROM LAWYER

1. Prompt and thorough communication
2. Prompt handling of client’s work
3. Honest and straightforward
4. Courteous and sympathetic
5. Competence and diligence

QUALITIES OF A TRIAL LAWYER

1. Good personality

2. Attendance (Court and Office)

 A lawyer may be very clever, very brilliant, but all his cleverness and
brilliance are wasted if these are not known to world, and the
lawyer’s world is the court.

 As much as possible, lawyer must make it a point to be in the court

room before the judge takes his set

CLIENT

YOU ARE NOT A LAWYER IF YOU DON’T HAVE A CLIENT

 No matter how brilliant a lawyer may be, he cannot hope to achieve a high
place in the profession unless he has an opportunity to demonstrate his
ability and earn a living while doing so

Secret formula

 The secret formula of getting client is to remember that every client is a

human being. Every friend, every acquaintance is a potential client. The
more numbers of people you know the greater your chances of having a
big clientele. You cannot get client by just hanging a billboard
 announcing proudly that you are a lawyer. In short socialization is a
must, go out and mingle with people.

Handling of clients

 Service to your client sometimes includes getting up from the table with
your dinner half-eaten, getting up and going out in the middle of the
night, or even cancelling your vacation plan. The speed and effectiveness
with which you respond in as genuine or serious emergency may spell the
difference between a dissatisfied client and a lifelong member of your
solid clientele.

 The method of handling clients is very important. Some lawyers refuse to

be interrupted and complete the business in hand regardless of whether
the waiting room is empty or full of clients impatiently waiting to get
their business done. While interruption is undesirable, it is better to be
interrupted than to lose the good will of a client.

 It is better to go out and tap the shoulder of your waiting client (Ulo-
uloba, sorry kaau sir ha.)

 While it may true that there is no substitute for winning a case, but
human beings as they are, not all lawyers can guarantee a sure victory for
his client’s cause. Apart from human factor, such as bias judge, there are
factors that you can do nothing. Example: 1) Death of vital witness, loss
of vital documents.

 If you lose a case; definitely your client will be frustrated. To satisfy the
client, in case of loss, is to treat him with cordiality and compassion with
sincerity and honest intentions and with spirit of not giving up. Respect.

 Clients are the breadbasket of the lawyer’s practice. In fact, without

clients what else would propel a lawyer into the practice of law. Hence,
whether winning or losing a case, should strive not to lose a client, but to
win more clients to expand his clientele.

Progress report

 It is also a wise policy for lawyers to make frequent updates or report to

his client regarding the progress of the work which the latter has
entrusted to him. This is one way by which the lawyer may let the client
know that he is giving the matter entrusted to him the attention which it
merits

Define your relationship

  Conduct towards the client is another factor may determine the duration
of the client-lawyer relationship. The lawyer should treat his client with
dignity and see that the clients treat him, the same way. In short, there
must be mutual respect.

TREATMENT OF CALLERS
a) How callers are received
b) Making callers comfortable

How to hold a client?

1. Friendliness
2. Promptness
3. Courtesy
4. Businesslike attitude
5. Consideration in keeping clients inform

WORKLOAD OF A LAWYER

A) Giving advance

1. Non-legal advice
As lawyer, you can expect that you will be asked having little or nothing to
do with legal doctrine, law-making or adjudicating bodies. These includes family
problem, business, administration and most popularly, political problem and
strategy.

2. Legal advice
Know the problem. In short, determined what your client wants. Thereafter,
analyze the facts in order to come up with a proper law applicable

In the field of advice, every lawyer is presumed to be competent in giving

spontaneous and off-hand advise to the prospective clients during the first
interview

In giving advice, lawyer must give alternative courses of actions that the
clients may pursue

But before proceeding to giving an advice, you must first determined the extent
of your services, whether it is for just a consultation or a preclude to filing or
defending a case. Thereafter, you must first lay your fees whether consultation or
acceptance fees.

B) Negotiation and conciliation

Factor in negotiation
 1. Proposal to the other side
2. Counter-proposal
3. Recommendation
4. Compromise
5. Advice to clients
6. Clients instruction to counsel

Negotiation and conciliation requires patience. These usually transpire in a

face to face conference but there are instances that negotiation may be
accomplished by telephone or correspondence. Usually lawyers take the center
stage. However, there is wrong notion that controversies cannot be settled
amicably if there are lawyers for which reason the Supreme Court instructed trial
judges to intervene through judicial mediation.

Before going to negotiation table, lawyer must be duly authorized with

Special Power of Attorney. Under Art. 1878 of the New Civil Code, special power
of attorney is required under the following circumstances.

Art. 1879 (NCC) Special power of attorney to sell does not include the
power to mortgage.
However, there are instances that negotiation was meant to delay
controversy reaching the court

C) Drafting, whether of pleadings to be filed in court, or of documents and

written contract

 Clarity and precision writing

D) Litigation

When despite all avenues and pressure-packed attempts to conciliation and

negotiation by the practicing lawyer have failed, there can be no more alternatives
left to protect the rights and interest of your client except to go to court.

Litigation is the crucial aspect in lawyer’s workload. Lawyers must advice

his client the most beneficial remedy available.

The lawyer’s task in litigation vary depending greatly on whether the

proceedings are contested or uncontested. of
In criminal case, advice client to enter a plea of guilt to lesser offense
1. Contested
2. Uncontested

E) Financing

Property management
PREPARATION : TRIAL

A) Interview the client and his/her possible witnesses.

1. Be frank and firm to the client

2. Avoid frequent interruption
3. Conduct you interview in the language that the witness speak

1. Be frank and firm to the client

 As new practicing lawyer cannot have any assurance that what his client is
telling him is the truth.

 Give your client a stern warning; that you will accept a half-truth or lies, or
anything less that the truth. Assure your client that “if there is anything
that should be hidden, you will tell him how to do it.”

2. Avoid frequent interruption

 Once the client or witness started to talking, avoid interruption, unless

necessary to complete a point.
 Frequent interruption might cause the client or witness to be rattled and
confused. Worse, you will waste considerable time in making him repeat his
story

3. Conduct you interview in the language that the witness speaks

 It is advisable that lawyer should know the different dialect spoken in this
country

4. At the end of the interview, make a draft of the witness story and allow him
to read his version as appears in the paper

 Ask the client or witness if related everything

 Allow him to make corrections and addition

B) Analysis and case development theory

a) Determined client’s needs and priorities

1. Financial
2. Security
 3. Possession

b) Potential claims and remedies

1. Cause of Action
2. Relief

RENUMERATION (FEES)

 There is one question in which the lawyer is always interested and which
presents a perennial problem. “HOW MUCH SHOULD I CHARGE MY
CLIENT?”

 Under the rule, an attorney shall be entitled to have and recover from his
client no more than a reasonable compensation for his services.

 Where the amount of compensation is not fixed by any contract or

agreement under which the attorney is employed, he is entitled to demand,
and may receive such reasonable fees, under and implied contract, as his
services may have worth (quantum meruit) or have usually been paid to
others for similar services.

 However, the right to demand payment for the lawyer’s services should be
founded on the fact of employment. Unless it is shown that there is a
contract of employment or his employment as counsel has been
authorized, a lawyer cannot recover compensation no matter how
valuable the results of his services may have been

 People vs. Villanueva, 14 SCRA 109. Law practice is more than isolated
appearance, for it consist of frequent and customary actions, a succession of
acts of the same kind. One is said to be engaged in the practice of law if he
is customarily or habitually holding himself out to the public as lawyer, and
demanding payment for such services. Preparing documents and rendering
legal services are within the term practice f law.

 Practice of law is not limited to the conduct of cases in court. It includes

preparation of pleadings and other papers incident to actions and special
proceedings.

 The initial step a lawyer should start to perform an act constituting a practice
of law, is the establishment of client-lawyer relationship.

 The best proof of lawyer-client relationship is the written contract of lease

of services or retainership contract. But, be that as it may, a contract of
 employment which creates a lawyer-client relationship may be in any form,
it could be oral or in writing.

 Once a lawyer has performed an act that constitutes practice of law, no other
proof is required to show its existence except the primary evidence of the act
itself.

 Until such time that lawyer-client relationship is clearly defined and created,
rights and obligations that arise between them cannot be invoked or
enforced.

 No formal contract is necessary in order to prove the fact of employment. It

may be express or implied, verbal or written

 Attorney’s fees are the lifeblood of a lawyer. It should be emphasized upon

the client that the lawyer’s fee is an essential ingredient and guarantee of a
satisfactory service.

 “If a lawyer renders valuable services to one who receives the benefits
thereat; a promise to pay reasonable value is presumed unless such
services were intended to be gratuitous. The mere absence of an express
promise will not prejudice the lawyer’s right to recover reasonable fees.

 Take note “Acceptance fee” and “Appearance Fee” are two different things.

 It is necessary and advisable that the lawyer’s fees must first be established
or determined before engaging the services since there can be no more
humiliating and embarrassing scene inside the court than that of a
lawyer quarreling with his client for the collecting of attorney’s fees

BASIS:

1. The importance or difficulty of the subject-matter of the controversy;

2. The extent of the services rendered;
3. The professional standing of a lawyer

CLIENT CANNOT DISMISS THE LAWYER AT WILL

 It is the prerogative or right of the client to terminate the lawyer’s services

but this right is not absolute. The client must first seek approval from the
court especially if when changing a lawyer occurs in midstream or while the
proceeding is in progress for it would interrupt the hearing abruptly to the
prejudice of the administration of justice.
  Lawyer may withdraw his services under the following circumstances.

1. Client pursues illegal or immoral course of action

2. Client insist that lawyer pursue a conduct violative cannons and rules
3. Inability to work his co-counsel
4. Mental or physical inability of the lawyer
5. Client deliberately fails to pay the fees for the services
6. Other similar causes

LAWYER’S AUTHORITY TO CONTROL TRIAL

 The lawyer’s authority to control the trial should be recognized by the client.
The client cannot question the lawyer’s authority to choose the proceedings
of the legal remedy he will adopt involving the case.

 However, the authority of the lawyer does not include entering into
compromise, stipulation of facts or confess judgment with special authority
from the client.