Pointers in Dealing with the Client

Frankness and tact should be the climate

in dealing with the client.

It is fundamental that the relationship

between a lawyer and his client is highly
fiduciary and ascribes to a lawyer a great
degree of fidelity and good faith. (CF Sharp
Crew Management Incorporated vs. Nicolas
Torres, A.C. No. 10438, September 23, 2014)
 Canon 15 of the Code of Professional
Responsibility provides that “a lawyer shall observe
candor, fairness and loyalty in all his dealings and
transactions with his client.” Necessity and public interest
enjoin lawyers to be honest and truthful when dealing
with his client. A lawyer owes fidelity to the cause of his
client and shall be mindful of the trust and confidence
reposed in him. (Overgaard vs. Valdez 567 SCRA 118)

A lawyer must at all times conduct himself,

especially in his dealings with his clients and the public at
large, with honesty and integrity in a manner beyond
reproach. (Re: Administrative Case No. 44 of the Regional
Trial Court, Br. IV, Tagbilaran City, Against Atty. Samuel C.
Occeña, A.C. No. 2841, July 3, 2002)
 With respect to the fixing of payment of attorney’s
fees, a business-like approach should be the criterion, so that
the client should not feel cheated or taken advantage of.
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 v. Dioneda (2003)).
A lawyer-client relationship exists notwithstanding
the close personal relationship between the lawyer and the
complainant or the nonpayment of the former’s fees. (Burbe
vs. Magulta , AC No. 99-634, June 10, 2002)
Failure to render the legal services agreed upon,
despite receipt of an acceptance fee, is a clear violation of the
Code of Professional Responsibility (Macarulay v. Seriña
(2005)).
 Every delay in the outcome of the case should be
explained to the client after the close of each day of hearing.
It is a normal reaction of the client to become wary every
time the case is postponed, hence, it is the duty of the lawyer to
explain to the client the cause of the postponement to avoid
suspicion of connivance with adverse counsel.
Fixing of Attorney’s Fees

• It should be fixed preferably in writing.

• A written contract for services shall control the amount to
be paid therefore unless found by the court to be
unconscionable or unreasonable (Section 24, Rule 138). It is
also called as retainership contract which marks the birth
of the attorney and client relationship.
 Generally, the amount of attorney’s fees due is that
stipulated in the retainer agreement which is conclusive as to the
amount of the lawyers compensation, and in the absence
thereof, the amount of attorney’s fees is fixed on the basis of
quantum meruit i.e., the reasonable worth of his services
(Compania Maritima, Inc. vs. Court of Appeals, 318 SCRA 169
[1999])
In this day and age, members of the bar often forget that
the practice of law is a profession and not a business—lawyering
is not primarily meant to be a money-making venture, and law
advocacy is not a capital that necessarily yields profits. (Burbe vs.
Magulta, supra)
 Under Canon 20 of the Code of Professional Responsibility, a lawyer
shall charge only fair and reasonable fees.

In determining whether or not the lawyer’s fees are fair and reasonable,
Rule 20-01 of the same Code enumerates the factors to be considered in
resolving the said issue. They are as follows:
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 proferred 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; The contingency or certainty of compensation;
h) The character of the employment, whether occasional or established;
i) and The professional standing of the lawyer.” (Licudan vs. Court of
Appeals 193 SCRA 293)
How to sustain a law practice
Good moral character is not only a condition precedent to
admission to the practice of law. Its continued possession is
also essential for remaining in the legal profession. (Re:
Administrative Case No. 44 of the Regional Trial Court, Br. IV,
Tagbilaran City, Against Atty. Samuel C. Occeña, supra)

Former Justice Minister Ricardo C. Puno once said, “when

one studies law, passes the bar and becomes a lawyer, he is
perpetually condemned to study law;otherwise he will become
useless like a farm implement that becomes rusty for non-use.”
• Lawyers are expected to be in the forefront in the
observance and maintenance of the rule of law, Canon 5 of
the CPR mandates this duty carries with it the obligation to
be well-informed of the existing laws and to keep abreast
with legal developments, recent enactments and
jurisprudence. (Hernandez vs. Padilla 674 SCRA 1 , June 20,
2012)
• It is the bounden duty of counsel as lawyer in active law
practice to keep abreast of decisions of the Supreme Court
particularly where issues have been clarified, consistently
reiterated, and published in the advance reports of Supreme
Court decisions (G.R.s) and in such publications as the
Supreme Court Reports Annotated (SCRA) and law journals.
(De Roy vs. Court of Appeals 157 SCRA 757 , January 29, 1988)
 One should not think that a legal education ceases
upon passing the bar. In fact passing the bar merely marks the
beginning of a law career.

Mandatory Continuing Legal Education (MCLE)

Continuing legal education is required of members of the IBP
to:
• (1) Ensure that throughout their career, they keep abreast
with law and jurisprudence;
• (2) Maintain the ethics of the profession;
• (3) Enhance the standards of the practice of law (Section 1,
Rule 1, BM 850)
 Some Tips on Specialization

• It must be really your favorite so as to show your skill and

expertise in order to be considered a specialist .
• You must have the ability to develop public relations with
government officials in charge with the processing and
approval of papers in their respective agencies.
How to satisfy a client
The new lawyer should endeavor to protect and
take good care of his relationship with his client
treat the client with:

 Cordiality and compassion;

 Sincerity and honest intentions ;
 Spirit of not giving when all the odds seem to shatter
the brightest hopes ;
 Strong determination to succeed and sustain a good
fight.

These must also be practiced by the lawyer’s secretary and

office staff.
How to make the client happy
and comfortable:
1. Remember who you are working for – the real boss is the
client
2. Define the relationship – make sure the client understands
everything
3. Keep in touch – give them updates
4. Keep at least two docketing systems – one you manage
and the one your staff manages
5. Accept phone calls – be accessible and be of service
6. Promptly return your phone calls – tell your staff that
you call clients back
7. Spend time with your staff – update each other
8. Paper the worlds – give client copy of everything
9. Do not procrastinate – “handle it today”
10. Send out an evaluation sheet – ask the client to
evaluate your performance after the case
end