“Lawyers are supposed to be champions of the common good and of the rule

of law. And in the practice of law, the ultimate reward for one’s efforts is not
economic gain but the exhilarating sense of having contributed to the overall
well-being of the nation and the triumph of justice.”
~Former Chief Justice Renato C. Corona

Lawyering is not a business, it is a profession. If a man treats it as a product

to sell, he becomes the character of a merchant; he is no professional. The
fact that the attorney plays a vital role in the administration of justice
underscores the need to secure him his honorarium lawfully earned as a
means to preserve the decorum and respectability of the legal profession. A
lawyer is as much entitled to judicial protection against injustice, imposition
or fraud on the part of his client as the client against abuse on the part of his
counsel. The duty of the court is not alone to see that a lawyer acts in a
proper and lawful manner; it is also its duty to see that a lawyer is paid his
just fees. With his capital consisting of his brains and with his skill acquired
at tremendous cost not only in money but in expenditure of time and energy,
he is entitled to the protection of any judicial tribunal against any attempt on
the part of his client to escape payment of his just compensation. It would be
ironic if after putting forth the best in him to secure justice for his client he
himself would not get his due. (Aquino v. Casabar, G.R. No. 191470,
January 26, 2015, 748 SCRA 181, 196, citing Rosario Jr. v. 29 De Guzman,
et al.,supra note 24, at 692)

In a case decided by the supreme Court, the Court held that once the attorney
has performed the task assigned to him in a valid agreement, his
compensation is determined on the basis of what he and the client agreed. In
the absence of the written agreement, the lawyer's compensation shall be
based on quantum meruit, which means "as much as he deserved." The
determination of attorney's fees on the basis of quantum meruit is also
authorized "when the counsel, for justifiable cause, was not able to finish the
case to its conclusion." Moreover, quantum meruit becomes the basis of
recovery of compensation by the attorney where the circumstances of the
engagement indicate that it will be contrary to the parties' expectation to
deprive the attorney of all compensation. If a lawyer was not able to fulfill
one of the conditions provident in the Contract for Legal Services, his
attorney's fees shall be based on quantum meruit.

Quantum meruit- literally meaning as much as he deserves - is used as basis

for determining an attorney's professional fees in the absence of an express
agreement. The recovery of attorney's fees on the basis of quantum meruit is
a device that prevents an unscrupulous client from running away with the
fruits of the legal services of counsel without paying for it and also avoids
unjust enrichment on the part of the attorney himself. An attorney must show
that he is entitled to reasonable compensation for the effort in pursuing the
client's cause, taking into account certain factors in fixing the amount of
legal fees.

Rule 20.01 of the Code of Professional Responsibility lists the guidelines for
determining the proper amount of attorney's fees, to wit:

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 services 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.

The matter of fees is important, far beyond the mere question of bread and
butter involved. Properly attended to, fuller justice is done to both lawyer
and client. An exorbitant fee should never be claimed. As a general rule,
never take your whole fee in advance, nor any more than a small retainer.
When fully paid beforehand, you are more than a common mortal if you can
feel the same interest in the case, as if something was still in prospect for
you, as well as for your client. And when you lack interest in the case the job
will very likely lack skill and diligence in the performance. Settle the
amount of fee and take a note in advance. Then you will feel that you are
working for something, and you are sure to do your work faithfully and well.
Never sell a fee note -- at least not before the consideration service is
performed. It leads to negligence and dishonesty -- negligence by losing
interest in the case, and dishonesty in refusing to refund when you have
allowed the consideration to fail. (Collected Works of Abraham Lincoln,
edited by Roy P. Basler et al.)

A diamond is known as the hardest mineral. So thus the study of law. If it

were easy, everybody is now a lawyer. A lawyer was forged in smoldering
elements of both life and nature before he became the shining bright
diamond that he is. He was tested in fire and ice before his autograph could
mean compensation, He deserves the little renumeration, aside from the
inherent desire to share his knowledge, under the canons of professional
ethics and standards. But what is due to him is due to him, as a diamond that
has underwent the rigorous assay of wisdom and intelligence.#

CERVANTES, MARI TONI FLORIAN C.

JD Student