Genobiagon, Nyl John Caesar A.

JD III
Atty. Ma. Pamela S. Oliver Problem Areas in Legal Ethics

Duties and Responsibilities of the Lawyer to the Clients

This topic covers Canons 19 to 22 of the Code of Professional Responsibility.

§Representation with Zeal within the Legal Bounds

Canon 19. A lawyer shall represent his client with zeal within the bounds of the law.

The lawyer owes “entire devotion to the interest of the client, warm zeal in the
maintenance and defense of his rights and the exertion of his utmost learning and ability. In the
judicial forum the client is entitled to the benefit of any and every remedy and defense that is
authorized by the law of the land, and he may expect his lawyer to asset every such remedy or
defense.
…the great trust of the lawyer is to be performed within and not without the bonds of the
law.
A lawyer’s duty is not to his client but to the administration of justice; to that end, his
client’s success is wholly subordinate and his conduct ought to and must always be
unscrupulously observant of law and ethics. [Maglasang VS People, G.R. No. 90083, 1990].

Use of fair and honest means

Rule 19.01. A lawyer shall employ only fair and honest means to attain the lawful objectives of
his client and shall not present, participate in presenting or threaten to present unfounded
criminal charges to obtain an improper advantage in any case or proceeding.

Sec. 20 (d), Rule 138 of the Rules of Court – It is the duty of an attorney to employ, for
the purpose of maintaining the causes confided to him, such means only as are consistent with
truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false
statement of fact or law.
A lawyer should not file or threaten to file any unfounded or baseless criminal case or
cases against the adversaries of his client designed to secure a leverage to compel adversaries to
yield or withdraw their own cases against the lawyer’s client [Pena VS Aparicio, A.C. No. 7298
(2007)].
Frivolous, meritless and groundless cases must not be filed.

Client’s Fraud
Rule 19.02. A lawyer who has received information that his client has, in the course of the
representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the
client to rectify the same, and failing which he shall terminate the relationship with such client
in accordance with the Rules of Court.

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 A lawyer should do his best efforts to restrain and to prevent his client from perpetrating
acts which he himself ought not to do, particularly with reference to their conduct towards
courts, judicial officers, witnesses. If the client persists in such wrongdoings, the lawyer should
terminate their relation.
The lawyer may not volunteer the information concerning the client’s commission of
fraud to anyone, as it will violate his obligation to maintain his client’s secrets undisclosed.

Procedure in Handling a Case

Rule 19.03. A lawyer shall not allow his client to dictate the procedure on handling the case.

In matters of law, it is the client who yields to the lawyer and not the lawyer yielding to
the client. The lawyer must not accede, but instead must resist his client’s unlawful requests or
instructions (Crespo VS Amurao, 95 Phil. 646). The basis of this rule of giving the attorney the
full charge of the remedy and procedure is because he is trained and skilled in the law the client
has no knowledge of procedure and necessarily entrusts this to the attorney he employs.

Within Client’s Control Within Counsel’s Control

Substantial Aspect Procedural Aspect
All the proceedings in court to enforce the
remedy, to bring the claim, demand, cause of
The cause of action, the claim or demand sued action, or subject matter of the suit to hearing,
upon, and the subject matter of the litigation trial or determination, judgment, and
are all within the exclusive control of a client. execution, are within the control of the
attorney [Belandres VS. Lopez Sugar
Central Mill, G.R. No. L-6869, (1955)].

Belandres VS Lopez Sugar Central Mill

Facts: Plaintiff Belandres brought an action to recover damages for the death of her son who was
employed as train conductor of the defendant. The complaint was filed under Arts. 2176 and
2180 of the Civil Code. The defendant filed a motion to dismiss on the ground that the court has
no jurisdiction over the subject matter which should have been brought before the Workmen’s
Compensation Commission which has exclusive jurisdiction over claims for compensation for
the death, injury or illness of workers. The motion was granted. The trial court used as one of the
reasons the supposed admission of plaintiff’s counsel that his client’s action was one for
compensation under the Workmen’s Compensation Act.

Held: The admission of plaintiff’s counsel was beyond the scope of his authority as counsel. The
admission does not refer to any matter of judicial procedure related to the enforcement of the
remedy but to the subject matter or cause of action which the client alone can make the binding
admission.

An attorney may not impair, compromise, settle, surrender, or destroy rights without his
client’s consent. A lawyer has no implied authority to waive his client’s right to appeal or to
withdraw a pending appeal.

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 If a lawyer believes that the appeal of his client is frivolous, he cannot move to dismiss
the appeal, without the consent of his client. His remedy is to withdraw from the case [People
VS Pagarao, G.R. No. 930026-27 (1991)].

Presumption of Authority
An attorney is presumed to be properly authorized to represent any cause in which he
appears in all stages of the litigation and no written authority is required to authorize him to
appear. A mere denial by a party that he has authorized an attorney to appear, in the absence of
compelling reason, is insufficient to overcome the presumption especially when the denial comes
after an adverse judgment.

§Attorney’s Fees
Canon 20. A lawyer shall charge only fair and reasonable fees.

Concepts of Attorney’s Fees

Ordinary Concept – An Attorney’s Fee is the reasonable compensation paid to a
lawyer for the legal services he has rendered to a client.
Extraordinary Concept – An Attorney’s Fee is an indemnity for damages ordered by
the court to be paid by the losing party to the prevailing party in litigation. The basis of this
is any of the cases authorized by law and is payable not to the lawyer but to the client – UNLESS
they have agreed that the award shall pertain to the lawyer as additional compensation or as part
thereof.
Acceptance Fee. It is an absolute fee paid to the lawyer for the efforts that he will be
employing, regardless of the outcome of the case. The acceptance of money from a client
establishes an attorney-client relationship and gives rise to the duty of fidelity to the client’s
cause [Emiliano Court Townhouses Homeowners Association VS Dioneda, A.C. No. 5162
(2003)].
Any counsel worthy of his hire is entitled to be fully compensated for his services. With
his capital consisting solely of his brains and with his skill, acquired at tremendous cost not only
in money but in the expenditure of time and energy, he is entitled to the protection of any judicial
tribunal against any attempt of the part of client to escape payment of the fees [Albano VS
Caloma, A.C. No. 528 (1967)].
An attorney is entitled to have and to recover from his client no more than a reasonable
compensation for his services with a view to:
1. The importance of the subject matter of the controversy;
2. The extent of the services rendered; and
3. The professional standing of the attorney
NB: Legal basis of lawyer’s right to demand compensation for services is the fact of
employment as lawyer by the client. No formal contract is necessary to effectuate employment.
If the lawyer was allowed by the client to represent the latter in a proceeding, even if there is no
agreement on payment of attorney’s fees, the lawyer is entitled reasonable fees for his services
under the principle of quasi-contract, that is, no man must be enriched at the expense of another.
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 **Subject to the availability of funds, the court may, in its discretion, order an attorney
employed as counsel de officio to be compensated in such a sum as the court may fix in
accordance with Sec. 24, Rule 138 of the Rules of Court.
Here are some instances or circumstances wherein the lawyer cannot recover the full
amount stipulated in the contract:
1. When the services were not performed, and if the lawyer withdrew before the case
was finished, he will be allowed only reasonable fees;
2. When there is justified dismissal of an attorney, the contract will be nullified and
payment will be on quantum meruit basis;
3. When payment stipulated fees are unconscionable or unreasonable;
4. When the stipulated fees are in excess of what is expressly provided by law;
5. When the lawyer is guilty of fraud or bad faith in the manner of his employment;
6. When he contract is contrary to laws, morals, and customs and policies.

Rule 20.1. A lawyer shall be guided by the following factors in determining his fees:
a) The time spent and the extent of the services
rendered or required;
b) The novelty and difficulty of the questions
involved;
c) The importance of the subject matter;
d) The skill demanded;
e) The probability of losing other employment
as a result of acceptance of the proffered
case;
f) The customary charges for similar and the
schedule of fees of the IBP Chapter to which
he belongs;
g) The amount involved in the controversy and
the benefits resulting to the client from the
service;
h) The contingency or certainty of
compensation;
i) The character of the employment, whether
occasional or established; and
j) The professional standing of the lawyer.

In 2018 the IBP Leyte Chapter issued its new schedule of fees it was approved by the IBP
on the 24th of February 2018.
Being a pauper does not entitle an individual to be exempted from payment of Attorney’s
fees [Cristobal VS Employees Compensation Commission, 103 SCRA 329].
Winning the suit is not an assurance of an award of Attorney’s Fees. Attorney’s fees are
not awarded every time a party prevails in a suit because of the policy that no premium should be

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placed on the right to litigate [Country Bankers Insurance Corporation VS Lianga Bay and
Community Multi-Purpose Cooperative, Inc., 374 SCRA 653].

Kinds of payment which may be stipulated upon:

a) A fixed or absolute fee which is payable
regardless of the result of the case;
b) A contingent fee that conditioned to the securing
of a favourable judgment and recovery of money
or property and the amount of which may be on a
percentage basis;
c) A fixed fee payable per appearance;
d) A fixed fee computed by the number of hours
spent; or
e) A fixed fee based on piece of work.
The lawyer and the client may enter into a combination of the above arrangements or an
entirely different agreement not contrary to law, public morals or public policy.

Contingent Contract
It is an agreement in which the lawyer’s fee, usually a fixed percentage of what may be
recovered in the action, is made to depend upon the success in the effort to enforce or defend the
client’s right. The lawyer does not undertake to shoulder the expenses of the litigation. It is a
valid agreement.
Contingent Fee Contracts are subject to the supervision and close scrutiny of the court in
order that clients may be protected from unjust charges. A much higher compensation is allowed
as contingent fees because of the risk that the lawyer may get nothing if the suit fails [Masmud
VS NLRC, G.R. No. 183385, (2009)].

Champertous Contract
It is one where the lawyer stipulates with his client that he will bear all the expenses for
the prosecution of the case, the recovery of things or property being claimed, and the latter pays
upon successful litigation. The contract is void for being against public policy.

Retainer Defined. This is the act of the client by which he employs a lawyer to manage for him
a cause to which he is a party, or otherwise to advise him as counsel. It is also used to refer to the
fee which the client pays his attorney whom he retains.
Kinds of Retainer Agreements on Attorney’s Fees:
1. General Retainer or Retaining Fee – The fee paid to a lawyer to secure his future
services as general counsel for any ordinary legal problem that may arise in the
ordinary business of the client and referred to him for legal action.
Retaining Fee is a preliminary fee given to an attorney or counsel to insure and
secure his future services, and induce him to act for the client. It is intended to
remunerate counsel for being deprived, by being retained by one party, of the
opportunity or rendering services to the other and of receiving pay from him, and

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 the payment of such fee, in the absence of an express understanding to the
contrary, is neither made nor received in payment of the services contemplated;
its payment has no relation to the obligation of the client to pay his attorney for
the services for which he has retained him to perform. Sometimes known as
“Acceptance Fee”.
2. Special Retainer – A fee for a specific case or service rendered by the lawyer for a
client.
A client may have several cases. If for every case there is a separate and
independent contract for attorney’s fees, each fee is considered a special retainer.
Attorney’s Liens
Retaining Lien – An attorney shall have a lien upon the funds, documents and papers of
his client which have lawfully come into his possession. Thus:
1. He may retain the same until his lawful fees and disbursements have been
paid;
2. May apply such funds to the satisfaction thereof [Sec. 37, Rule 138 Rules of
Court].
Requisites:
1. Attorney-Client Relationship;
2. Lawful possession by lawyer of the client’s funds and papers in his
professional capacity; and
3. Unsatisfied claim for attorney’s fees or disbursements.

Charging Lien – He shall also have a lien to the same extent upon all judgments for the
payment of money, and executions issued in pursuance of such judgments, which he has secured
in a litigation of his client. This lien exists from and after the time when he shall have caused:
1. A statement of his claim of such lien to be entered upon the records of the
court rendering such judgment, or issuing such execution; and
2. Written notice thereof to be delivered to his client and to the adverse party.
Requisites:
1. Attorney-Client Relationship;
2. The attorney has rendered services;
3. A money judgment favourable to the client has been secured in the action; and
4. The attorney has a claim for attorney’s fees or advances statement of his claim
has been recorded in the case with notice served upon the client and adverse
party.

Retaining Lien Charging Lien

Nature
Passive lien. It cannot be actively enforced. It Active lien. It can be enforced by execution.
is a general lien It is a special lien.
Basis
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 Lawful possession of funds, papers, Securing of favourable money judgment for
documents, property belonging to the client. client.
Coverage
Covers only funds, papers, documents, and Covers all judgments for the payment of
property in the lawful possession of the money and executions issued in pursuance of
attorney by reason of his professional such judgment.
employment.
Effectivity
As soon as the lawyer gets possession of the As soon as the claim for attorney’s fees had
funds, papers, documents, property been entered into the records of the case.
Applicability
May be exercised before judgment of Generally, it is exercisable only when the
execution, or regardless thereof. attorney had already secured a favourable
judgment for his client.
Notice
Client need not be notified to make it Client and adverse party need to be notified to
effective. make it effective

Rule 20.2 A lawyer shall, in cases of referral with the consent of the client, be entitled to a
division of fees in proportion to work performed and responsibility assumed.

The referral of a client by a lawyer to another lawyer does not entitle the former to a
commission or to a portion of the attorney’s fees. It is only when, in addition to the referral, he
performs legal services or assumes responsibility in the case that he will be entitled to a fee. I.e.
It is when two or more lawyers are engaged simultaneously or at different times by the client that
the problem of division of fees may arise.

Rule 20.3. A lawyer shall not, without the full knowledge and consent of the client, accept any
fee reward, costs, commission, interest, rebate or forwarding allowance or other compensation
whatsoever related to his professional employment from anyone other than the client.

Ratio: The rule is designed to secure the lawyer’s fidelity to the client’s cause and to
prevent that situation in which receipt by him of a rebate or commission from another in
connection with the full discharge of his duty to his client.

Rule 20.4. A lawyer shall avoid controversies with clients concerning his compensation and
shall resort to judicial action only to prevent imposition, injustice or fraud.

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 A lawyer should avoid controversies with clients concerning their compensation so far as
shall be compatible with self-respect and with his right to receive a reasonable recompense for
his services, and he should resort to lawsuits with clients only to prevent injustice, imposition or
fraud. Lawyers thus seldom, if ever, file judicial actions for the recovery of their fees unless
righteous and well founded and unless forced by the client’s intolerable attitude because such
lawsuits cannot fail to create the impression, however, wrong it may be, that those instituting
them are mercenaries.

NB: There should never be an instance where a lawyer gets as attorney’s fees the entire
property in litigation. It is unconscionable for the victor in litigation to lose everything he won to
the fees of his own lawyer.
Judicial Actions to Recover Attorney’s Fees:
1. An appropriate motion or petition as an incident in the main action where he
rendered his legal services.
2. A separate civil action for collection of attorney’s fees.

Quantum Meruit
Defined: (Etymology) as much as he deserves.
It is a reasonable sum of money to be paid for services rendered or work done
when the amount due is not stipulated in a legally enforceable contract.

Essential Requisite: Acceptance of the benefits by one sought to be charged for services
rendered under circumstances as reasonably to notify him that lawyer expects compensation.

§Preservation of Client’s Confidences

Canon 21. A lawyer shall preserve the confidences and secrets of his client even after the
attorney-client relationship is terminated

Ratio: To encourage a client to make full disclosure to his attorney and to place
unrestricted confidence in him in matters affecting his rights.
It is the duty of an attorney to maintain inviolate the confidence, and at every peril to
himself to preserve, the secrets of his client and to accept no compensation in connection with
his client’s business except from him or with his knowledge and approval [Sec. 20 (e), Rule 138,
Rules of Court].
The protection given to the client is perpetual and does not cease with the termination of
the litigation, nor is it affected by the party’s ceasing to employ the attorney and retaining
another, or by any other change of relation between them. It even survives the death of the client
[Genato VS Silapan, A.C. No. 4078, 2003-07-14].

Prohibited Disclosures

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Rule 21.02. A lawyer shall not, to the disadvantage of his client, use information acquired in the
course of employment, nor shall he use the same to his own advantage or that of a third person,
unless the client with full knowledge of the circumstances consents thereto.

Rule 21.03. A lawyer shall not, give information from his files to an outside agency seeking such
information for auditing, statistical, bookkeeping, accounting, data processing, or any similar
purpose.

The work and product of a lawyer such as his effort, research, and thought, and the
records of his client, contained in his files are privileged matters. Neither the lawyer nor, after his
death, his heir or legal representative may properly disclose the contents of such file cabinet
without client’s consent.

Rule 21.05. A lawyer shall adopt such measures as may be required to prevent those whose
services are utilized by him from disclosing or using confidences or secrets of the client.

The client’s secrets which clerical aids of lawyers learn of, in the performance of their
services are covered by privileged communication. It is the duty of lawyer to ensure that this is
being followed.

Rule 21.06. A lawyer shall avoid indiscreet conversation about a client’s affairs even with
members of his family.

A lawyer must also preserve the confidences and secrets of his clients outside the law
office, including his home. He should avoid committing calculated indiscretion, that is,
accidental revelation of secrets obtained in his professional employment.

Rule 21.07. A lawyer shall not reveal that he has been consulted about a particular case except to
avoid possible conflict of interest.

The privileged communication rule applies even to prospective clients. The disclosure
and the lawyer’s opinion thereon create an attorney-client relationship, even though the lawyer
does not eventually accept the employment or the prospective client did not thereafter actually
engage the lawyer. By the consultation, the lawyer already learned of the secrets of prospective
client. This rule of course, is subject to the exception of representation of conflicting interests.

Disclosures, When Allowed.

Rule 21.01. A lawyer shall not reveal the confidences or secrets of his client except:

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 a) When authorized by the client after acquainting him of the consequences of the
disclosure;
b) When required by law;
c) When necessary to collect his fees or to defend himself, his employees or
associates or by judicial action.
Par. (a) refers to a waiver by the client. Since the attorney-client privilege against
disclosure of the client’s protection, only the client as a rule can waive the privilege.

Par. (b) and (c) are for the protection of the attorney’s rights. The privileged relation
cannot be used as a shield against wrongdoing nor can it be employed as an excuse to deny a
lawyer the right to protect himself against abuse by the client or false charges by third persons.

Rule 21.04. A lawyer may disclose the affairs of a client of the firm to partners or associates
thereof unless prohibited by the client.

The professional employment of a law firm is equivalent to the retainer of the members
thereof even though only one of them is consulted; conversely, the employment of one member
of a law firm is generally considered as employment of the law firm.

§Withdrawal of Services
Canon 22. A lawyer shall withdraw his services only for good causes and upon notice
appropriate in the circumstances.

An attorney-client relationship may be terminated by the client, the lawyer, or by the

court for reasons beyond the parties’ control. The termination entails certain duties on the part of
the client and his lawyer.

We find Atty. Dealca’s conduct unbecoming of a member of the legal profession. Under
Canon 22 of the Code of Professional Responsibility, a lawyer shall withdraw his services only
for good cause and upon notice appropriate in the circumstances. Although he may withdraw his
services when the client deliberately fails to pay the fees for the services, under the
circumstances of the present case, Atty. Dealca’s withdrawal was unjustified as complainant did
not deliberately fail to pay him the attorney’s fees. In fact, complainant exerted honest efforts to
fulfill his obligation. Respondent’s contemptuous conduct does not speak well of a member of
the bar considering that the amount owing to him was only P3,500.00. Rule 20.4 of Canon 20,
mandates that a lawyer shall avoid controversies with clients concerning his compensation and
shall resort to judicial action only to prevent imposition, injustice or fraud. Sadly, for not so large
a sum owed to him by complainant, respondent lawyer failed to act in accordance with the

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demands of the Code. [Montano vs. Integrated Bar of the Philippines, 358 SCRA 1, A.C. No.
4215 May 21, 2001]

Causes of termination of attorney-client relationship:

1. Withdrawal of the lawyer;
2. Death of the lawyer;
3. Disbarment or suspension of the lawyer from the practice of law;
4. Declaration of presumptive death of the lawyer;
5. Conviction of a crime and imprisonment of the lawyer;
6. Discharge or dismissal of the lawyer by the client;
7. Appointment or election of a lawyer to a government of a lawyer to a
government position which prohibits private practice of law;
8. Death of the client;
9. Intervening incapacity or incompetence of the client during pendency of case;
10. Full termination of the case.

General Rule: The client has the right to discharge his attorney at any time with or
without just cause or even against his consent.
A client may at anytime dismiss his attorney or substitute another in his place, but
if the contract between the client and the attorney has been reduced to writing and the
dismissal was without justifiable cause, he shall be entitled to recover from the client the
full compensation stipulated in the contract [Sec. 26, Rule 138 Rules of Court].

Exceptions:
1. The client cannot be deprive his counsel of right to be paid services if the
dismissal is without cause;
2. The client cannot discharge his counsel as an excuse to secure repeated
extensions of time;
3. Notice of discharge is required for both the court and the adverse party.

Rule 22.01. A lawyer may withdraw his services in any of the following cases:
a) When the client pursues an illegal or immoral course of conduct in connection
with the matter he is handling;
b) When the client insists that the lawyer pursue conduct violative of these canons
and rules;
c) When his inability to work with co-counsel will not promote the best interest of
the client;
d) When the mental or physical condition of the lawyer renders it difficult for him to
carry out the employment effectively;
e) When the client deliberately fails to pay the fees for the services or fails to
comply with the retainer agreement;
f) When the lawyer is elected or appointed to public office; and

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 g) Other similar cases.

A lawyer may retire at any time from any action or special proceeding:
 With the written consent of his client filed in court and copy thereof served upon
the adverse party; or
 Without the consent of his client, should the court, on notice to the client and
attorney, and on hearing, determine that he ought to be allowed to retire [Sec. 26,
Rule 138, Rules of Court].

General Rule: The withdrawal in writing, with the client’s conformity, does not require the
approval of the court to be effective.

Exception: If no new counsel has entered his appearance, the court may, in order to prevent a
denial of a party’s right to the assistance of counsel require that the lawyer’s withdrawal be held
in abeyance until another lawyer shall have appeared for the party [Villasis VS CA, G.R. No. L-
34369 (1974)].

Requirement of a valid substitution of counsel:

1. The filing of a written application for substitution;
2. The client’s written consent;
3. The written consent of the attorney to be substituted.
At the discretion of the court, a lawyer, who has been dismissed by a client, is allowed to
intervene in a case in order to protect the client’s rights [Obando VS Figueras, G.R. No.
134854 (2000)].

§Duties of Lawyers in Case of Death of Parties Represented

Rule 22.02. A lawyer who withdraws or is discharged shall, subject to a retaining lien,
immediately turn over all papers and property to which the client is entitled, and shall cooperate
with his successor in the orderly transfer of the matter, including of all information necessary for
the proper handling of the matter.

The following are the duties of the lawyer in such a case, subject to a retaining lien, are:
1. To immediately turn over all papers and property to which the client is
entitled;
2. To cooperate with his successor in the orderly transfer of the matter. This
includes all information necessary for the proper handling of the matter.

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 The offensive attitude of a client is not an excuse to just disappear and withdraw from a
case without notice to the court and to the client, especially when attorney’s fees have already
been paid [Chang VS Hidalgo, A.C. No. 6934 (2016)].

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 Annex A
INTEGRATED BAR OF THE PHILIPPINES
LEYTE CHAPTER

2018 SCHEDULE OF STANDARD MINIMUM FEES

The following schedule of fees is intended to set a standard for legal fees and shall not be construed as
fixing the minimum or maximum fees to be charged in any given case or situation (IBP By-Laws Sec. 15) and does
not prevent an agreement on reasonable fees that may be arrived at by the lawyer and the client, expressly or
impliedly, based on the criteria fixed by Rule 138, Sec. 24 of the Rules of Court concerning: (1) the importance of the
subject matter of the controversy; (2) extent of the services rendered; and (3) professional standing of the Attorney
and by Canon 20, Rule 20.1 of the Code of Professional Responsibility, thus: (a) the time spent and the extent of the
services rendered or required; (b) the novelty and difficulty of the questions involved; (c) the importance of the
subject matter; (d) the skill demanded; (e) the probability of losing other employment as a result of acceptance of the
proffered case; (f) the customary charges for similar charges and the schedule of fees of the IBP Chapter to which he
belongs; (g) the amount involved in the controversy and the benefits resulting to the client from the services; (h) the
contingency or certainty of compensation; (i) the character of employment, whether occasional or established; and (j)
the professional standing of the lawyer. The lawyer shall likewise be conscious of his/her obligation under Canon 14
and the accompanying rules, not to refuse his services to the needy, not to decline, except for serious and sufficient
cause, an appointment as counsel de oficio or amicus curiae, and that the practice of law is not a business but a
profession imbued with public service where renumeration is a mere incident. (Cueto v. Jimenez, Jr., A.C. No. 5798,
Jan. 20, 2005).

1. CONSULTATION & LEGAL RESEARCH

Sec. 1.01 For consultation on simple questions of law, minimum of P 500.00

Sec. 1.02 For consultation on less complicated questions of law,

minimum of P 1,000.00

Sec. 1.03 For consultation on complicated questions of law,

minimum of P 1,500.00

Sec. 1.04 For consultation on any question of law, with legal research
and legal study with written opinion, minimum of P 3,000.00

2. DOCUMENTATION

Sec. 2.01 For notarization/acknowledgment of prepared affidavits,

sworn statements, and similar documents P 150.00

Sec. 2.02 For preparation and notarization/acknowledgment of affidavits,

sworn statements, promissory notes and similar simple
documents P 300.00

Sec. 2.03 For notarization of special/general power of attorney P 350.00

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Sec. 2.04 For preparation and notarization of special/general power of
attorney P 500.00

Sec. 2.05 For preparation/review/finalization and notarization of

minutes of meeting, resolutions of corporations and corporate
secretary’s certificate P 1,000.00

Sec. 2.06 For preparation and notarization/acknowledgment of Last Will,

2% of the current actual market value of the properties, but not
less than P 5,000.00

Sec. 2.07 For preparation and notarization/acknowledgment of deeds of

sale, mortgages, donations and other deeds of conveyance
involving real properties, 2% of the amount involved but not
less than P 2,000.00

Sec. 2.08 For preparation and notarization/acknowledgment of deeds

of sale, mortgages, donations and other deeds of conveyance
involving chattel or personal properties, 2% of the amount but
not less than P 1,500.00

Sec. 2.09 For preparation and notarization/acknowledgment of lease

contracts of real and/or personal property, 2% of the total
consideration involved for the entire period of the lease, but
not less than P 2,000.00

Sec. 2.10 For preparation and acknowledgment of pro-forma articles

of incorporation or partnership, without registration in the SEC P 5,000.00

Sec. 2.11 For preparation and acknowledgment of original articles of

incorporation or partnership, without registration in the SEC P 15,000.00

Sec. 2.12 For preparation and acknowledgment of pro-forma constitution

and by-laws of corporation or partnership without SEC
registration P 5,000.00

Sec. 2.13 For preparation and acknowledgment of original constitution

and by-laws of corporation or partnership, without SEC
registration P 15,000.00

Sec. 2.14 For preparation and notarization/acknowledgment of

subdivision agreements, deeds of extrajudicial partition,
settlement of estates and affidavit of self-adjudication, 1% of
the current market value of all the properties, but in no case
shall be less than P 10,000.00

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Sec. 2.15 For preparation and notarization of building or construction
Contracts, 1% of the total contract price, but not less than P 10,000.00

Sec. 2.16 For preparation and notarization of government construction

Contracts, 1% of the total contract price, but not less than P 10,000.00

3. COLLECTIVE BARGAINING AGREEMENT

Sec. 3.01 For negotiations of collective bargaining agreements P 1,000.00/hour

Sec. 3.02 For review, finalization and acknowledgment of CBAs P 5,000.00

4. COLLECTION MATTERS

Sec. 4.01 Extrajudicial demand of accounts:

Special retainer’s fee of at least P2,000.00 covering the initial

expenses for stationery, transportation, mailing, etc. In addition,
the lawyer is entitled to the following professional fees:

a) 10% of the amount actually collected if the account is 6-months

old or less;
b) 12.5% of the amount actually collected if the account is more
than 6-months old but not more than 1-year old;
c) 15% of the amount actually collected if the account is more
than 1-year old;

Sec. 4.02 Judicial demand of accounts:

a Special retainer’s fee ranging from 5% to 10% of the amount

involved, but not less than P10,000.00, for the initial research,
drafting and filing of initiatory pleading, etc. If the case is
amicably settled or favorable judgment is obtained, the
attorney shall be entitled, inclusive of the special retainer’s fee,
the following additional fee:

1. 10% of the total amount collected if payment is made during

mediation and/or
2. 20% of the total amount collected if payment is made after
trial and judgment;

b In addition and within 20-kilometer radius from the lawyer’s office,

The lawyer shall be entitled to an appearance fee as follows:

1. If the case is before the MTC/MCTC P 1,000.00

2. If the case is before the RTC P 2,000.00

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 c Beyond the 20-kilometer radius, the lawyer shall be entitled
to an appearance fee equivalent to the above-appearance
fee, plus a distance premium of P20.00 per kilometer travelled
(one way) beyond the 20-kilometer radius or as may be
agreed upon by the lawyer and client, taking into consideration
the circumstances of both lawyer and client.

5. FORECLOSURE OF MORTGAGE

Sec. 5.01 Foreclosure of real estate mortgage, 10% of the highest bid but in
no case less than P 20,000.00

Sec. 5.02 Foreclosure of chattel mortgage, 10% of the highest bid price but
in no case less than P 10,000.00

6. LITIGATION FEES
[criminal, civil, labor and administrative cases]

Sec. 6.01 STANDARD ACCEPTANCE FEES

a. Criminal cases involving light and less grave felonies filed

before the prosecutor up to the DOJ and/or filed with the MTC P 30,000.00

b. All civil cases filed before the MTC P 30,000.00

c. Criminal cases Involving grave felonies filed before the

Prosecutor up to the DOJ and/or filed with the RTC P 50,000.00

d. All civil cases filed before the RTC P 50,000.00

e. Before the Ombudsman or Sandiganbayan P 50,000.00

f. Before the Court of Appeals or Supreme Court P 50,000.00

g. Before other administrative bodies (NLRC, DOLE, etc.) P 30,000.00

1. A lawyer representing labor shall be entitled to the legal

fees provided under the Labor Code and other applicable
laws.

Sec. 6.02 Deposit fee to cover expenses such as xerox, mailing, transportation,
messengerial service, and other similar expenses P 5,000.00

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Sec. 6.03 Fees on contingent basis is 40% of the amount of money or value of
the property, irrespective of when the case is finally terminated.

Sec. 6.04 STANDARD APPEARANCE FEE

a. Before the provincial or city prosecutor, quasi-judicial bodies P 1,500.00

b. Before the MTC/MCTC P 2,000.00

c. Before the RTC P 2,000.00

d. Before the Ombudsman or Sandiganbayan P 5,000.00

e. Before the CA P 5,000.00

f. Before the SC P 10,000.00

Sec. 6.05 Save for hearings in all fora beyond 20-K radius from lawyer’s office,
the rate charge is P20.00/km); however, the following are the
suggested rates in the following cases:

a. Manila cases: before CA, Ombudsman, Sandiganbayan, SEC,

CTA, DOTr, Bureau of Patents, Commission on Immigration,
COMELEC, and other national, judicial, administrative or
quasi-judicial agency or tribunal: P 15,000.00

b. Cebu cases: (same) - P 10,000.00

c. Mindanao cases (same) - P 15,000.00

d. Oral arguments before the Supreme Court P 25,000.00

Sec. 6.06 All expenses out of town such as plane fare, board and lodging
or hotel accommodation shall be borne by the client.

Sec. 5.07 Success fee can be stipulated and charged to the winning
client in addition to the foregoing fees, a maximum of 25%
of the civil indemnity awarded in the case and actually
collected from the adverse party.

Sec. 6.08 Or, in lieu of the foregoing, Legal fees for a case may be charged in
LUMP SUM, as may be agreed by the parties, under the following
Minimum fees:

a. Criminal/Civil Case before MTC P 50,000.00

b. Criminal/Civil Case before RTC P 75,000.00
c. Labor/Administrative Cases P 50,000.00

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 7. NATURALIZATION, ESTATE AND INTESTATE PROCEEDINGS

Sec. 7.01 In naturalization and alien legalization proceedings

a. Judicial Proceedings P100,000.00

b. Administrative Proceedings P100,000.00

Sec. 7.02 Testate or Intestate Proceedings:

a. Without opposition: 25% of the gross market value of the

estate not exceeding P100,000.00 but not less than P25,000.00

b. With opposition: 25% of the gross market value of the

estate, irrespective of such value, but not less than P25,000.00

NOTE: All expenses shall be borne by the client.

8. MONTHLY RETAINER’S FEES

Sec. 8.01 Monthly Retainer’s Fees

Retainership shall consist of free legal advice on legal matters affecting
the client’s personal interest and business affairs, exclusive of fees for
notarial services and for handling cases before courts, administrative
and quasi-judicial bodies.

a. Sole Proprietorship P 5,000.00

b. Corporation/Partnership/Association P 10,000.00

9. VOLUNTARY ARBITRATION/MEDIATION PROCEEDINGS

Sec. 9.01 For representing a party in voluntary arbitration cases or mediation

Proceedings involving:

a. One issue submitted for resolution P 20,000.00

b. Two issues submitted for resolution P 40,000.00
c. Per additional issue for resolution P 10,000.00
d. The lawyer shall also be entitled to a success fee
Based on the arbitral award or settlement amount,
Minimum of 5%

10. GENERAL PROVISIONS

Sec. 10.01 The lawyer shall also be entitled to other fringe benefits under our
Labor laws and pursuant to pradtice or collective bargaining agreement.

Sec. 10.02 In all cases, incidental expenses relative to cases before courts,
administrative and quasi-judicial bodies, i.e., filing and/or docket fee,
photocopying, securing documents, court fees, transcript of stenographic

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 notes, mailing, communication, transportation, hotel accommodations,
food, etc. shall be for the account of the client.

Sec. 10.03 The foregoing schedule of standardized minimum fees shall not apply
when there is a special law fixing the attorney’s fees chargeable in
certain cases.

Sec. 10.04 The attorney’s fee charged to client shall be inclusive of taxes.

APPROVED.

INTEGRATED BAR OF THE PHILIPPINES

FEBRUARY 24, 2018

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