LEGAL COUNSELLING 1ST EXAMINATION REVIEWER

Based on the lectures of Atty. Cecilia Angeles

1
Lecture 1
(June 18, 2012)
Legal Counseling is basically, is meeting your client,
knowing his woes, knowing the reason why he came to
you and giving advice. For a lot of people, you come to a
lawyer, and say attorney, ang sanga sa mangga sa
among silingan, nagbarog na sa akong fence. !wede ba
nako na putlon"# $hat is already a legal issue. Can he
cut such branch of that mango tree" Can somebody
remember the law on property" %& can hear people
whispering haha'( Can he cut down that branch" )us
nakalimot na lagi' *hen was the last time you had
property" Last year" +y goodness' ,ou know when you
go to private practice, ang -uestion hind what is the
corporate share of class A class B#. but Attorney, unsa
man tong iro sa among neighbor"# .anyan ang mga
tanong ng mga kliyente ninyo. ,ou have to know this
things, not kadali lang ha" $empa lang.# )o you
research on that, Apollo. .ive me the answer ne/t
week. $hose are the type of -uestions. & got involved
with my daughter0s !$A so & get to know the teachers,
and then knowing that & am a lawyer, they would ask
Attorney, meron lang akong -uestion bah, yung kasing
punoan ng aking neighbor, nahulog na# you have to be
careful ha. *hat are the grounds for him to chop down
that tree. )o you have to be careful. +eron pang
Attorney, kaning akong anak ba, wla nako na rehistro
pag anak nako niya bah unsa man ang akong buhaton"#
.anun nay an, she got married, she had a child when
she was single, she got married to another man, and the
child is using the name of the second husband. &s there
a valid adoption there" $his are the things that come
into your radar when you open your new 1illanueva
Law office. )o let0s say 1illanueva2 3ntal2 .arcia Law
3ffices. )o, you think that someone goes here and says
& want to file a case for violation of intellectual
property law# 4o you think you0ll have those clients
here in 4avao" )o wherever your office is, yun yung
mga problema na na haharapin ninyo. Attorney
nawad2an kog lisensya# *hat does he do" ,ou need to
draw an affidavit. 5ven if you draw a very simple
documents, you must be sure that these documents
comply with re-uirements of law. And once you give
advice, even if hasn0t paid yet, you are already engaged
as a lawyer.
RACTICE O! LAW
It is the act of performing any activity
pertaining to a bonafide member of the bar which is
carried out on a habitual or continuous process and
translated into action by means of giving advice,
drafting of documents or appearance in court or other
administrative or quasi-judicial body involving the use of
faculty or intelligence of one skilled in law who is
entitled to a legal fee.
Let0s break it down6
Any activity pertaining to a bona fide member of the bar
2 ,ou have to be a member of the bar for you to
practice law. $hose who are under2bar, there is
a program wherein law students are allowed to
practice, but that is governed by a special law.
Which is carried out on a habitual or continuous process
2 7abitual and continuous process, so you go out
there and present yourself as a lawyer, and you
perform an activity in a continuous process, you
don0t 8ust draw a document once in a blue
moon, you do it as a livelihood.
ranslated into action by means of giving advice,
drafting of documents
2 $hat0s where your legal forms become
important.
!r appearance in court or other administrative or quasi-
judicial body
2 5ven if you 8ust appear in court and say ,our
7onor, & move to postpone# that is already a
practice of law. &f you0re a part of big law firms,
the 8unior lawyers are usually the ones sent to
do minor motions, kaba9/ ka pa nyan. But you
know class, the 8udge will always decide based
on the documents presented to him, all these
things you see in Boston legal, are mere tactics
of impressing the client, but at the end of the
day, the 8udge will decide on the basis of your
documents.
!ther administrative or quasi-judicial body
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER
Based on the lectures of Atty. Cecilia Angeles
9
2 *hat is an administrative body" *hat is a
-uasi28udicial body"
"se of faculty or intelligence of one skilled in law
2 ,ou know this is really complicated, the use of
faculty or intelligence of one skilled in law. 7ow
do you become skilled in law" 3w well, in your
1
st
, 9
nd
or :
rd
year, you can0t say that you already
use your faculty, but you can already say that
you are using your intelligence, your training, of
your studies. And above all, this performance of
an act, is supposed to be compensated, you are
entitled to a legal fee.
*hen you do these things, you ask yourself, are you
already in the practice of law" ,es, you are. But even if
you are appearing in 8udicial, administrative or -uasi2
8udicial bodies, you draft documents, but you are not
signing the pleadings, are you in the practice of law"
Actually you are not in the practice of law. #$ota bene%
If you are not signing pleadings, you are not engaged in
the practice of law& ,ou are doing the things that is
actually done by a lawyer but you are not engaged in
the practice of law. $o be in the practice of law, you are
the one signing the documents. $here paralegals, they
seem to be lawyers, they have knowledge of law, but
they are not members of the bar but they are virtually
doing practice of law, but they are not law practitioners.
LEGAL COUNSELING
It is the art of giving advice and information
concerning the solution to a legal problem arising from
a given state of facts and the adoption of appropriate
reliefs or remedies under the law and enforcement of a
legal obligation before a judicial or quasi-judicial body.
*hy do we say it is an art" &t could be a science it could
be an art, it could be the science of law. *hy art" *hy
not science" &t is an art, it is a science, and it could be
both.
What is 'cience(
2 &t is any skill or techni-ue that re-uires a precise
application of facts or principles.
What is Art(
2 &t is a skill involved in the conduct of any human
activity.
& submit, %because the author says that it is an art( &
submit that legal counseling is both a science and an
art. &t is "c#ence because it involves the precise
application of legal principles and statutes to a given
state of facts. ,ou have a legal principle of e-uity, %what
else" &n pari delicto( those are legal principles and you
have to apply these principles to given set of facts. )o in
a way, you can0t measure it, it is not appropriate if you
do not apply these principles to facts correctly. $hey
must be applied correctly.*hy $rt" Because it involves
analytical reasoning and language. ,ou know class, law
is a very, it language centered. ,ou never do away with
5nglish in the practice of law. &t is the number one
instrument when you engaged in the practice, especially
to the court and your peers. $he decisions are made in
5nglish. $he world is getting too small, the language of
business is 5nglish, we travel we use 5nglish. )o 5nglish
will be there whether you like it or not.
Analytical reasoning
2 !roblem solving or analytical reasoning.
)iving of advice or information
2 &t may be preventive, curative, not necessarily
adversarial. +aybe the -uestion on hand is
*hat is the ne/t step" & want to register my
land# ;egistering a deed of sale is not
adversarial at all. $his is part of legal advice,
although it could be done by any person, when
you want to register your property you really
don0t need a lawyer, but sometimes you know,
the client can pay the services of a lawyer.
'olution of a legal problem
2 $he problem to be solved is legal. And you
know when an issue is legal.
o a given state of facts
2 Avoid hypothetical situations. )o to be able to
give advice, it has to be a given state of facts.
)ometimes your client is a bit hesitant,
sometimes they will 8ust rephrase it. +insan
nahihiya eh. &f you know from your
conversation with your client that something is
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER
Based on the lectures of Atty. Cecilia Angeles
:
hidden here, so you schedule him for another
interview. For a cup of coffee, they loosen up.
$hen you know the real state of facts.
Adoption of appropriate remedies given by law
2 Adoption of appropriate remedies given by law.
&t has to be appropriate hindi yang &papatay
nalang nato na bah# it must be a legal advice.
)ometimes you don0t know, right" unsaon ko
mana attorney nang sanga"# it is a skill, if you
are trying to hide your ignorance, you must
have to do some postulate like Ah, that is a bit
complicated, &0ll get back to you on that, why
don0t we schedule another appointment"# %8oke
time(
*nforcement of a legal obligation
2 $here is a legal obligation involved and must be
satisfied. &f there is no legal obligation, there
will be no cause of action.
o judicial body or quasi-judicial body
2 Ju%#c#$& '(%) or the courts, from +$C all the
way to the )upreme Court.
2 *u$"#+,u%#c#$& '(%) or administrative body
belonging to the e/ecutive branch of the
government vested with 8urisdiction to hear or
ad8udicate non2litigious cases %& don0t think
there is really such a thing as non2litigious
cases( with power to enforce its 8udgment or
order and to punish for contempt. $his is in
contrast to what and administrative body does.
5/ample of a -uasi28udicial body is the <L;C,
the 4A;AB, )5C, C)C, C3A. *hen you take a
look at their composition, you will see very
familiar provisions that are from the rules of
court. $he service of summons, the hearings.
$hey are part of the e/ecutive branch of the
government
2 A%-#n#"tr$t#.e '(%) is an instrumentality of
the government. &t is defined in the Administrative
Code. &t is all there. &ncluding departments, bureaus
or agencies. )o these are vested by law with
8urisdiction to settle and ad8udicate controversies
arising from the interpretation and enforcement of
a law. &t is also defined as a department= bureau,
office, instrumentality or government owned and
controlled corporation or the .3CC. $he .3CC0s
each one has its own charter, but their charter will
also come into play or stick with the provisions of
the Administrative Code.
&f you have certain complaint to the 4epartment of
$rade, you follow the rules and regulations to achieve a
certain process. *hen you follow the steps, at the end
of the process there is a decision, such decision is made
by an administrative body as contrasted to a -uasi2
8udicial body. >sually, a -uasi28udicial body sits en banc.
For e/ample the <L;C, they sit en banc and make
decisions. But administrative bodies usually have sub2
agencies under their umbrella. &f you want to -uestion
the decision, you bring it to the courts. ,ou have to
state there that you have complied with the
administrative procedure, so that your action will not
be dismissed. $his is in relation to failure to e/haust
administrative remedies. )ometimes you even have to
go all the way up to the office of the president so that
you will have a cause of action and to say that you have
e/hausted all available remedies.
LEGAL ET/ICS
+egal ethics is that branch of moral science
which treats of the duties an attorney owes to his client,
to the court, and the bar.
)o you have the client, the court and the bar. )o the
code of professional responsibility, it creates
e/pectations, responsibilities and manages
e/pectations.
,ractice of law is not business.
2 But & disagree, this is too idealistic. ,our law
office will not survive if you do not treat your
office as business. & wouldn0t say, the practice of
law is not a business, but this is right. But to be
realistic about it, you have to treat it as business
as well. $he practice of law sometimes you can0t
turn away from clients. )o in a way, you have to
make sure that you have paying clients and your
paying clients, maybe ?@2A@ percent. $he B@
percent will be for legal aid, for relatives. ,ou
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER
Based on the lectures of Atty. Cecilia Angeles
B
must make sure you have core source. $he
practice of law is a profession not a business.
-urbe vs. .agulta #/une 01, 2112&
In this day and age, members of the bar often
forget that the practice of law is a profession and not a
business.3004 +awyering is not primarily meant to be a
money-making venture, and law advocacy is not a
capital that necessarily yields profits.3024 he gaining of
a livelihood is not a professional but a secondary
consideration.3054 6uty to public service and to the
administration of justice should be the primary
consideration of lawyers, who must subordinate their
personal interests or what they owe to themselves. he
practice of law is a noble calling in which emolument is
a byproduct, and the highest eminence may be attained
without making much money.
4uty to public service and administration of 8ustice,
emolument is a by2product.
he practice of law is not a legal right but a privilege.
2 &t can always be taken away from you when you
do something unethical. A bar candidate can0t
8ust practice law simply by passing the bar. &t
can be taken with the mandate of due process.
2
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD
THE INTEGRITY AND DIGNITY OF THE LEGAL
PROFESSION AND SUPPORT THE ACTIVITIES OF THE
INTEGRATED BAR.
Rule 7.01 - A lawyer shall be answerable for knowingly
making a false statement or suppressing a material fact
in connection with his application for admission to the
bar.
Rule 7.02 - A lawyer shall not support the application
for admission to the bar of any person known by him to
be unqualified in respect to character, education, or
other relevant attribute.
Rule 7.0 - A lawyer shall not engage in conduct that
adversely reflects on his fitness to practice law, nor shall
he, whether in public or private life, behave in a
scandalous manner to the discredit of the legal
profession.
7ow do you do that" ,ou have to make sure that the
conduct of your affairs, public or private, must conform
to, must be at par with the e/pectations of a lawyer.
$he demand to be upright is both in public or private
life. +asyadong mataas ang standards nito. )o these are
the things that slip the mind of practitioners which are
already in many years of practice that they tend to
forget that their private life is also in scrutiny.
As officers of the court, a lawyer must also be seen to be
of good moral character.
,ou must also be of good moral character, and live your
life with highest standards. ;efrain from adulterous
relationships to avoid scandaliCing the public. Lawyers
are very human, they make mistakes. )o, sometimes
these standards are very high, they fail to see the
human in the person. But of course, different standards
apply. &t is really up to the person. &t is really up to the
complainant if he feels that 8ustice must be served, then
go ahead and file a complaint. $his is a very high
standard. At the end of the day, the conscience has to
be clear. &f your client doesn0t have a chance in court,
you have to tell him, you have to be honest.
/$%,u&$ V" M$%#$n%$ (Ac 0111)
he moment complainant approached the then
receptive respondent to seek legal advice, a veritable
lawyer-client relationship evolved between the two.
'uch relationship imposes upon the lawyer certain
restrictions circumscribed by the ethics of the
profession. Among the burdens of the relationship is
that which enjoins the lawyer, respondent in this
instance, to keep inviolate confidential information
acquired or revealed during legal consultations. he fact
that one is, at the end of the day, not inclined to handle
the client7s case is hardly of consequence. !f little
moment, too, is the fact that no formal professional
engagement follows the consultation. $or will it make
any difference that no contract whatsoever was
e8ecuted by the parties to memoriali9e the relationship.
As we said in-urbe v. .agulta,
:
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LEGAL COUNSELLING 1ST EXAMINATION REVIEWER
Based on the lectures of Atty. Cecilia Angeles
D
A lawyer-client relationship was established from the
very first moment complainant asked respondent for
legal advise regarding the former7s business. o
constitute professional employment, it is not essential
that the client employed the attorney professionally on
any previous occasion.
It is not necessary that any retainer be paid, promised,
or charged; neither is it material that the attorney
consulted did not afterward handle the case for which
his service had been sought.
It a person, in respect to business affairs or troubles of
any kind, consults a lawyer with a view to obtaining
professional advice or assistance, and the attorney
voluntarily permits or acquiesces with the consultation,
then the professional employments is established.
+ikewise, a lawyer-client relationship e8ists
notwithstanding the close personal relationship
between the lawyer and the complainant or the non-
payment of the former7s fees.
6ean Wigmore lists the essential factors to establish the
e8istence of the attorney-client privilege
communication, vi9%
#0& Where legal advice of any kind is sought #2& from a
professional legal adviser in his capacity as such, #5& the
communications relating to that purpose, #<& made in
confidence #=& by the client, #:& are at his instance
permanently protected #>& from disclosure by himself or
by the legal advisor, #?& e8cept the protection be
waived.
>
3nce a person asks for an advice, you 8ust assume right
away that there is lawyer2client relationship that is
established. 5ven in the absence of a contract, you still
have a lawyer client relationship. 3nce it is established,
you have to be confidential. ,ou can0t even tell it to
your spouse. 3therwise you will be in violation of
confidentially. 5verything is confidential. )o standard is
very high and strict. $he starting point is when your
client tells you all the facts and asks you for legal advice,
that0s the point where attorney2client relationship
commences.
@lientAs Bunds
CANON 1! - A LAWYER SHALL HOLD IN TRUST ALL
MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY
COME INTO HIS POSSESSION.
Rule 1!.01 - A lawyer shall account for all money or
property collected or received for or from the client.
Rule 1!.02 - A lawyer shall keep the funds of each client
separate and apart from his own and those of others
kept by him.
Rule 1!.0 - A lawyer shall deliver the funds and
property of his client when due or upon demand.
Cowever, he shall have a lien over the funds and may
apply so much thereof as may be necessary to satisfy his
lawful fees and disbursements, giving notice promptly
thereafter to his client. Ce shall also have a lien to the
same e8tent on all judgments and e8ecutions he has
secured for his client as provided for in the Dules of
@ourt.
Rule 1!.0" - A lawyer shall not borrow money from his
client unless the clientAs interests are fully protected by
the nature of the case or by independent advice. $either
shall a lawyer lend money to a client e8cept, when in
the interest of justice; he has to advance necessary
e8penses in a legal matter he is handling for the client.
,ou have to take care of your client0s funds. All the
monies must be accounted for. ,ou hold separate
accounts, as a good procedure, it is always good an
established separate account. )o there would be no
issues later on.
CON!LICT O! INTEREST
A lawyer shall not represent conflicting interests
e8cept with the written consent of all his clients.
2 %A situation that has the potential to undermine
the impartiality of a person because of the
possibility of a clash between the personEs self2
interest and professional interest or public
interest. &t is a situation in which a person has a
duty to more than one person or organiCation,
but cannot do 8ustice to the actual or potentially
adverse interests of both parties. $his includes
when an individualEs personal interests or
concerns are inconsistent with the best for a
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER
Based on the lectures of Atty. Cecilia Angeles
?
customer, or when a public officialEs personal
interests are contrary to hisFher loyalty to
public business. An attorney, an accountant, a
business adviser or realtor cannot represent
two parties in a dispute and must avoid even
the appearance of conflict. 7eFshe may not 8oin
with a client in business without making full
disclosure of hisFher potential conflicts, heFshe
must avoid commingling funds with the client,
and never, never take a position adverse to the
customer(
2Gristine Huibod2
Le2$& C(un"e&#n2
(June 23, 2012)
Let0s go back to our previous discussion,
wherein we have said that practice of law is not a
business. &t is not a money2making venture. But, at the
end of the day, you must consider the fact that your
practice must survive the competition. And we have to
remember the fact that we have a family to support. )o,
these things, these are the important considerations to
weigh vis2I2vis the idea that practice of law is not a
business.
>nless of course, you go as a government
employee, or corporate lawyering. ,ou know, when you
are a corporate lawyer, you can receive a regular salary,
you don0t have to worry about other costs, about your
employees0 salaries. $he salary comes in every month,
every two weeks of pay period. &f you are happy with
that, that would not be a tiresome work. But, for those
who would like to start on their own, they have a lot of
things to think about.
!ractice is not a right, rather a privilege. $hat is
why we have a lot of ethics, rules, ethical rules, and you
also talk about professional responsibility. And if you fall
short of these professional responsibilities, or you
violate these ethical standards set to your profession,
you can be held liable criminally, and that your practice
of law can be suspended or you will be denied in the
practice of law. &t is a privilege sub8ect to the mandate
of the due process. 3f course, you will be given a
chance to e/plain and defend yourself.
And & think that this would be a perfect topic in
your sub8ect of legal ethics where you will discuss more
in depth the conse-uences of violating the ethical
standards of legal profession.
*hen a lawyer violates his oath, then what is the legal
conse-uence"
I#$%&#'e$ %(&% )$ '*#$)+e,e+ -,&'%)'e *. l&/0
)o, last week, we have mentioned of the case of 4ur'e
." M$2u&t$ ( A%-5 C$"e N(5 66+078, June 10, 2002). &t
has mentioned a discussion of what is a practice of law,
what constitutes the practice of law. *hen does a
lawyer and client relationship commence" )o, from the
decision of the )upreme Court, it would seem that if a
person will come to a lawyer, asks for his advice, gives
you all the facts of his case that was filed, with the
intention of getting a legal advice from you, then if you
did not arrived in an agreement, or you did not sign an
agreement, or even if you will say that now, you have to
hire me first before & will give you an advice. Clearly, t9e
ru&#n2" (: t9e c(urt "$) t9$t e.en t9e -(-ent )(u 2#.e
9#- $n $%.#ce, $n% t9#" $&& 9$;;ene% <#t9 t9e
=n(<&e%2e (: c(n:#%ence, t9en, t9ere e>#"t $ &$<)er+
c&#ent re&$t#(n"9#;, #--e%#$te&)5
N(<, <9$t $re t9e #n"t$nce" t9$t $re n(t c(n"#%ere%
$" ;r$ct#ce (: &$<?
0. )ratuitous furnishing of legal aid to the poor and
unfortunates who are in pursuit of any civil remedy, as a
matter of charity, does not constitute practice of law.
& dare say that this is debatable. 5ven an
indigent client deserves a good legal advice. $hey
e/pect that when they have a lawyer, that such lawyer
has such skills. )o, you cannot, 8ust turn around and say,
that this is all charity, so, there is no lawyer2client
relationship.
)o, & think that this point here is debatable. For
e/ample that you are a lawyer, people will come to you
and they will pay you. ,ou must render the same e-ual
effort and service to your clients who are indigent and
those that can pay well.
2. he mere search for records of realty to ascertain
what they may disclose without giving any opinion or
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER
Based on the lectures of Atty. Cecilia Angeles
A
advice as to the legal effects of what may be found,
does not constitute practice of law.
)o, you said to a client or a friend, a friend who
knows that you are a lawyer. ,our friend will say, can
you send somebody who can check the status of the
title in the ;egister of 4eeds. *hether the property has
been mortgaged or not" *hether the title is clean or
not. )o, you send your staff, or you yourself will go
directly to the ;34. $hat alone is not a practice of law.
As long as you are not giving legal advice as to the legal
effects of the document.
Like when you say that this title has an
encumbrance. )o, what are we going to do attorney"
)o, you0ll give an advice, like you have to institute a case
to clean the title, or how to get rid of an encumbrance.
$hat is already giving a legal advice, and a lawyer2client
relationship already arises. ,ou are already practicing
law.
5. Work involves a clerical labor of filling in the blanks
on stereotyped form or a mere mechanical act of
copying from a file copy or finished documents which
involves no legal thing, is not considered legal practice.
)o, this mere involves mechanical act. <o advice was
given. )o, if you are ask, if attorney can you help me in
filling up an application form maybe for an insurance
application form. ,ou can argue that, that was not a
practice of law. & merely help and assisted the client in
filling up the application form, and answering the
-uestions one2by2one. )o this is a kind of assistance that
you give a person, but you will not be considered as
someone who is practicing law.
@eter-#n$t#(n (: <9et9er (r n(t $n #n%#.#%u$& #"
;r$ct#c#n2 &$< (r n(t5
*hy is that important" *hy do we have to ask
ourselves, am & practicing law"# *hy"
F),$%1 we have to consider the fact am & entitled to
collect attorneys fees"# &f you are dispensing advice,
and you are not collecting an attorney0s fees, you better
stop being a lawyer. ,ou have intellectual property. $he
advice that you give to your clients is considered as
intellectual property. ,ou have to attach a value to your
intellectual property. *ho determines the value" ,ou
yourself. &f you think that you gave your client a very
good advice, then you have to collect an attorney0s fees.
5ven advice on telephone calls, some of the lawyers do
not want to give their personal numbers, because there
are clients who will sometimes call, and ask for
-uestions and even tell stories. $hey assume that
because they did not go to the office, the lawyer will
not charge. )o, if you are the lawyer, you can send them
an invoice, saying, conversation, so and so, date, and
the amount#, then you send it to the client.
3f course, not all clients are like the ones who go to
your office, have some chit chat, but somehow, they
are actually fishing for some legal advice. But, there are
also good paying clients, and that you have to take care
of these paying clients.
Se'*#+, basis for filing action for usurpation of official
functions against one, who not being a member of the
bar duly licensed to practice law by the )C, represents
himself as a lawyer to the public and performs acts
pertaining to a lawyer by means of deception to the
pre8udice of the bar and the public.

$he person you are not to, later on, you discover, is not
really a lawyer, or is not supposed to be practicing law,
so, you can file an action for usurpation of official
functions.
>nder ;ule 1?.@1 of the Code of 5thics and
;esponsibility6
CANON 10 + A LAWAER S/ALL /OL@ IN TRUST ALL
MONEAS AN@ ROERTIES O! /IS CLIENT T/AT MAA
COME INTO /IS RO!ESSION5
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER
Based on the lectures of Atty. Cecilia Angeles
J

Ru&e 10501 + A &$<)er "9$&& $cc(unt :(r $&& -(ne)
(r ;r(;ert) c(&&ecte% (r rece#.e% :(r (r :r(- t9e c&#ent5
&f you are an administrator of an estate, you have the
titles with you, you have many responsibilities, you
have administrative responsibilities, you have to make
sure that the ta/es are paid, that the properties are
earning properties, that the rents were collected. )o,
with all these responsibilities, you are entitled to a fee.
,ou have to be paid with a fee. And that fee will be paid
by any income the estate has. $hat is why it is very
important to separate you monies and income from the
monies and income of your client.
)o, what will you do if your client thinks that your
lawyer2client relationship will be a long one, so, he
deposited a hundred thousand to cover all the e/penses
you may have in dealing with his legal problems. )o, you
must have a separate trust fund, there must be a
separate accounting of your client0s funds from your
office and own funds.
&f you are an administrator of an estate, you must
render regular accounting to avoid confusion. &n order
to make sure that there is a proper separation of funds
and properties.
Lawyers who appropriates their clients0 funds are
violating their professional ethics, and code of
professional responsibility.
A big law firm composed of 1D29@ lawyers, in the states,
a big law firm, nationwide, may be around D@@ lawyers=
a mid2siCe lawyer may be around a hundred lawyers, a
small siCe lawyer, maybe around, D to 1@ lawyers.
)o, when you have big law firms, you have different
departments, different specialties, you have ta/, realty,
labor, litigation, environment, corporate, etc.
Area of litigation handled by those who specialiCed in
litigation, they do not actually have this delineation
whether be it criminal or civil cases, because the only
difference id the amount of proof needed.
)o, there are firms that may be hired by clients, like for
e/ample Apple and +icrosoft. )o, what if your clients
tell you that they want you to be their e/clusive
lawyers, so, when you say yes to one of them, you will
have to say goodbye to one of them
)o, we have this what we call e%()'&l /&ll1 *, &l$*
'&lle+ %(e C()#e$e /&ll where certain sections of your
law firm are barred from knowing what the other
departments have, such as any documents or
information about their clients. $hey cannot look on the
data base that includes the pleadings filed by the
partners of the other section. $his is done to prevent
conflict of interest, un&e"" )(u 2et t9e <r#tten c(n"ent
(: )(ur c&#ent"5
)o, as a solo practitioner, you will also encounter clients
that are like that, but 8ust remember that, if you feel
that there is conflict of interest, you have to make sure,
and you want your client not to go away, you have to
get the written consent of your other client.
N(<, (;t#(n" :(r &$<)erB
15 S(&( r#.$te r$ct#ce
Advantages%
a. ,ou0re the own boss, you have to log in or out.
b. working hour is manageable
,ou can go to the office any time you want.
c. ,ou can handle and choose how much workload you
want to accept
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER
Based on the lectures of Atty. Cecilia Angeles
K
,ou can choose the case you want to handle. ,ou
design your own system, since you are your own boss.
,ou are the own boss, but, at the end of the day, you
hold responsible to the success of your solo practice.
d. ,ou can choose your own clients
What are the disadvantages(
a. it is a maiden practice and it does not yield a lot
of clients because no client will go to lawyer
without reputation
b. must build network of referrals from families
and friends
c. feast or famine income#
d. All e/penses are shouldered by solo practitioner
e. <o e/tra support when pressed for time
f. Both administrative and legal concerns will
burden the solo practice
&t is your first time after passing the bar. Like, what if
you set up an office near 5coland, 4avao City. ,ou put
up some signs that you specialiCed in different fields,
separation cases, civil law, criminal law, and any other
schemes. ,ou are not supposed to do that, but some of
the other lawyers try to be creative. $hose were signs
that add up to your reputation. )o anyway, you set up
an office, your first client would be your families and
friends. And there would be cases that you do not know
the solution, so you have to study the facts of the case,
because being in a solo practice, you have no one to
help you other than yourself.
,ou do the case, communication. 3f course, you have to
have your secretary, process server. ,ou have to have
these people after someone opens your door, if you
don0t want to see yourself serving this documents to
other lawyer0s office. &t0s good if you do not really care
about it. But, if your ob8ective is to get as many clients
as you can, you must set up a system already. *hat if
you have a client meeting in +arco !olo, a hearing in
4avao del )ur" *ho0s there to help you"
Like you are the one who applies for certification, other
documents and papers. $hat is why new bar passers do
not go to solo practice immediately.
25 A""#"t$nt (r $""(c#$te #n $ ;r#.$te &$< :#r-
a. .enerally offers better opportunities
&n working as an associate in a private law firm,
offers new opportunities. >sually formed by
batchmates and classmates in law school. )ometimes,
there are lawyers who can get good clients, so these
e/isting law firms hire you.
b. 5/isting partnership usually have financial
capability to defray overhead e/penses of
maintaining a law office.
)o, if the firm has been in e/istence like about 1@
years, they have already number of clients that can help
in the payment of rent, the staff, office supplies. ,ou
have to make sure that your staff is happy because you
have to work as a team. And when your staff will leave,
you have to train all over again.
*hat are usually overhead e/penses" *ater, rent,
office supplies, salary of your staff, the 8anitors. &t does
not help if your office is not neat. 5ven if you have a
small office, it must be organiCed and presentable for
your client. $hat your clients will not be offered with
plastic chairs.
ARTNERS
!artners agree on articles of
partnershipFfinancial agreements to avoid
future misunderstanding %e.g. how to bring in
income the partnerships= how to divide income
for clients they have individually brought in=
discuss e/pectations(.
!artners agree on how to contribute to the cost
of operations %rents, staff, utilities, office
supplies, including information technology(
)ome of the more complicated partnerships, they invest
so much that they get points out of this invested. )o
they can argue that & brought this much client, thus, &
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER
Based on the lectures of Atty. Cecilia Angeles
1@
got this much points, and then, you can demand a
higher pay. $he points will be the basis of your share.
$hat is if you are a partner. &f you are an associate, you
have a fi/ed salary as an associate.
&n other law firms they have an agreement as to where
will the money from the notarial funds go, usually, it is
placed in the common funds of the partnership. )o if
you are a ten2lawyer firm, you have to make sure that
you have an organiCed structure. )omebody has to be
assigned as to the day2to2day operation, so someone
has to be $ -$n$2#n2 ;$rtner. $he managing partner
oversees the money of the firm, the overall person.
$hen you have to have a 9u-$n re"(urce ;$rtner, not
somebody who has a !h 4 in human resource, 8ust
someone who will address the concern as to human
resources. 7e will oversee the appointment of staff,
how to dress in the office. $his may not be a legal
concern, but this boils down to the core of the office.
7appy office, happy staff.
$hen we have a 2ener$& c(un"e&, or somebody who will
oversee if there are conflicts of interests in handling the
cases. &f there are conflicts of interest, he shall be the
one to decide on who will handle the case or represent
the client.
$hen we have a c9#e: :#n$nc#$& (::#cer. +ake sure that
your books are updated, and have an accounting of
your income. )o, your financial department will also be
the one to oversee whether or not your firm is earning.
Because if you are not earning you cannot e/pand. &f
you are earning, maybe you have plans of transferring
to a bigger office. &t would be a lot better when the
chief financial officer is not a lawyer at all, because he
will 8ust tell you straight that you 8ust need to bill more.
*hat he is after is that you must bring more clients.
And it can also be an accountant that you 8ust hire per
period to do the accounting.
$hen, you may need $ -$r=et#n2 ;r(:e""#(n$&, if
necessary, who will be assigned in communications and
in bringing more clients. Advertising is not supposed to
be ethical, but there are ways in going around that. ,ou
can be creative. )ometimes, we lawyers we tend to be
modest of our achievements, but if you have four
children to send to Ateneo de 4avao, you need a lot of
money. *hile young, you must be more aggressive, you
must be out there presenting yourself, you must bring
in more clients, because this will translate to income,
people engaging your services.
,ou won0t like to turn down any client. ,ou deal with
one case, and then you develop such e/pertise. &t is
manner of presenting yourself. *rapping yourself, not
with myth, but you can study each case. ,ou learn as
you go along.
75 J(#n#n2 $ c(r;(r$te &$< %e;$rt-ent
3ption of being a legal officer in corporation law
department, we are talking about corporations. Like in
Coca2Cola, they have e/ternal counsel. *hen they think
that they will need a lot of lobbying, they tap partners
who are prominent in the society, or have lobbying
powers. But such corporations have their internal
counsel or general counsel.
$he nice thing of being a lawyer, unlike other
professions, after you finished banking and finance, you
get hired by a bank, you have to go up through the
ladder. A lawyer, in the organiCational structure, is
immediately under the office of the president. Because
the president usually needs the services of lawyers.
.enerally, position offers higher compensation and
other pecuniary and fringe benefits not usually en8oyed
in private practice %large law firms through creating
their own fringe benefit package like health cards.(
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER
Based on the lectures of Atty. Cecilia Angeles
11
6isadvantages
1. 4ifficult to a lawyer to switch to private practice
because of financial considerations.
!eople working for business corporations
hesitate to go to private practice because they
are giving up high compensation.
9. *ork is limited by the legal concerns or
business of the employer= some employers
allow their lawyers engage in private practice
on the side but a rarity than a regular practice.
:. &n formal law departments, the head lawyer is
referred as general counsel who carries the
responsibility as director or officer of
corporation.
$he head lawyer reports directly to the
president. $he usual basis of sectioning is the
legal sub8ect matter L for instance ta/,
corporate affairs, real estate, litigation, patents,
labor, immigration, and insurance. &n some
corporate department, there is some kind of
formal sectioning is done by administrative,
individual corporate subsidiaries, civil, law,
criminal law special proceedings under litigation
section.
5very corporate law department adopts a
system by which lawyer0s work is assigned. $he
corporate policy must be to comply with the
law as the law department construes it and all
officers and other management employees and
all the lawyers in the law department must
know this is to be the case %30meana, 19 the
Business Lawyer(
H*/ +* 2*u 3*)# & '*,-*,&%e l&/4 I% '&# e)%(e,
5e0
&6 ,e.e,,&l$7
56 ,e',u)%8e#%$7 *,
'6 -lu'9 *u% *. -,):&%e -,&'%)'e.
Fu%u,e *. & l&/2e, )# & '*,-*,&%e e8-l*2e,
Law department careers are usually put in
favorable lights with stress on how varied,
import and e/citing are the legal problems dealt
y a corporate counsel, the e>ce&&ent
(;;(rtun#t#e" :(r $%.$nce-ent, <#t9 $&&u"#(n"
t( ;r(";ect" (: u&t#-$te&) -(.#n2 u; #nt(
-$n$2e-ent, and the :$.(r$'&e :#n$nc#$&
re-uner$t#(n #nc&u%#n2 "t$rt#n2 "$&$r#e",
re2u&$r "$&$r) #ncre$"e", $n% "uc9
"u;;&e-ent$r) :r#n2e 'ene:#t" $" '(nu"e" $n%
"t(c= (;t#(n"5
!ther 6isadvantages #cEo -arte&
1.lesser chance of doing litigation work
Corporate lawyers, they do not see each
other anymore, while those in litigation,
they see each other in court.
9.isolation of many corporate lawyers from
professional contacts outside the company
and busily engaged in its daily routine as to
lose lawyer0s sense of proportion of
craftsmanship in approaching legal
problems and to substitute off2the2cuff
impressions
:.hard legal study and analysis are usually
encountered by private practitioners
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER
Based on the lectures of Atty. Cecilia Angeles
19
,our drive to know more is not as much as
those in private practice. &magine that when
you pass the bar, you think you no longer
need to study. <o, it is a constant discipline.
85 G(.ern-ent e-;&()-ent (2(.ern-ent (::#ce" $n%
#n"t#tut#(n", $n% GOCC")
&t is the biggest single employer of lawyers. .overnment
is always a fall back for those who can0t find their luck in
private practice.
.overnment employment covers all branches such as
constitutional commissions. $he 43M is the mother
department of the prosecution service L )ol .en,
.overnment Corporate Counsel, !A3. $he 8udiciary
departments, .3CCs and other governmental
institutions, in the provincial and municipal positions,
the legislative departments which involves policy2
making in both 7ouses. )o, hindi talaga ako maniwal if
there is someone who is an unemployed lawyer, sobra
naman yun. %L3L'(
Advantages
1. )teady income L future .)&) pension
9. <ot as stressful as private
:. ;oom for advancement in bureaucracy
B. For women, accommodate domestic schedule
D. 4evelops e/pertise for private practice
?. )alary depends on salary grade, but generally
high
6isadvantage
1. ,ou get stuck up to your 8ob
&t is because with a well paying salary, you find
it difficult to leave the same employment which
guarantees you future security like being
entitled to a .)&) pension upon retirement.
2 Carell ;yCa <artateC2
Le2$& C(un"e&&#n2
Ju&) 6, 2012
C9$rter#n2 $n #%e$& &$< O::#ceB !utting a new law office
2were talking maybe after B years or D years and you
have set aside an amount to fund your own law office.
5ven it is 8ust a small law office= it is still an e/pensive
undertaking to run. ,ou need office staff like
messenger, secretary etc.
!hysical set up L where to build your law office.
Location is very important. ,ou should be near the
location of big clients. <owadays & can see law firms 8ust
beside a cafeteria, or hardware or automotive store.
$hese clients may need notariCation of documents from
time to time. <ot necessarily in a high rise building or in
a second floor building. As long as you can bring in
clients, that0s okay. Law practice is a very noble
profession.
& know of a law office where the wife runs a beauty
salon and from the outside you can see a sign N,O law
firm. )o a law office operates there. $his is done maybe
to cut the cost. ,ou combine business to have only 1
rental.
,ou have to have a good staff. +ay telephone courtesy,
may office niceties. 5specially Filipinos do not have that
telephone courtesy. $each your staff office manners.
3ffice staffs that are not nagging each other all the
time, too noisy like <CCC sales staff.
&n my office in Canada, it is so -uiet that even if a pin
dropped, you can hear it. !eople 8ust work and do not
chat at each other. 4o not allow your staff wearing flip2
flops %with toe nails uncut( while roaming around the
office.
W9$t -u"t $n #%e$& (::#ce 9$.e?
&s the office appropriately indentified or
accessible" *ith huge names on top of the
building to show people that there is a law
office. )ome clients 8ust walk in if they wanted a
document to be notariCed. so if your location is
okay, it would really help.
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER
Based on the lectures of Atty. Cecilia Angeles
1:
4oes it present a neat appearance" Are the files
properly set asideForganiCed"
&s there an ample room" 5very inch of your real
property must be utiliCed. 7ave a space to walk
around.
&s the ventilation ade-uate" $he aircon is
functioning or at least with an electric fan
Are walls attractively decorated" $his will show
your personality. $ry to avoid cutie cutie stuff.
$hey would be nice if they are 8ust accent in a
table. $hey are okay for a pediatrician. Must put
paintings %even a reproduction( with nice
frames. $o show that you a professional lawyer.
Are offices cleaned regularly" &f you enter a
lease agreement you should ask if they provide
someone to clean the office or it is you who
have to be responsible for that
4o you provide for drinking water facilities for
the client and staff" &f a beauty parlor can
provide for iced tea, no reason that a law office
cannot do so. $ell your assistant to offer the
client something to drink especially if they have
to wait.
!arking facilities.
*ashroom faculties.
;eading materials % legitimate newspaper or
others(
7ave a conference room to discuss confidential
matter. ;emember the rule on confidentiality of
agreement between you and client. ,our staff
must sign a confidentiality agreement. *arned
them that if confidential matters leak, they may
be held liable too. +ake your staff aware that
information that comes to the office especial
from clients must be treated with utmost
confidentiality.
Library L for your )C;A, law books. 5ven 8ust a
small table with book case.
4o you discard obsolete books" ,ou may keep
old books for reference but have an updated
copies
Are books maintained in good repair. But with
the advent of e2books or other software you
can have them. But iba ang dating ng physical
books than an e2book especially in dealing with
clients.
5-uipment L %typewriters, adding machine,
computers, photocopiers(. For photocopiers, if
you buy it, you will be stack with that machine
forever and pay a repairman if there is a need. &f
you 8ust rent, its kind a e/pensive but at least
you are assured that they will maintain it daily
and update for a new version when you renew
your contracts. &n my e/perience, big law firms
tent to rent photocopy machines. $hey treat it
like 8ust water and light. $hey want the latest
technology and not stack with the machine. ,ou
can replace it whenever you want.
For your computers or wifi, you need it since internet is
part of an office already. A big chunk of your work is
lessened by internet and you work efficiently. ,ou also
need adding machines, and typewriters. *hether you
like it or not, you need typewriters. 5specially
government forms which can only be filled by
typewriters but at least an electric typewriters.
&nter office communication L fa/ machine,
scanner because some clients do scan
documents and send thru email. ,ou have to be
fast, technologically updated.
$echnologically compatible L software for huge
document like advance adobe program for
scanning and storing data. ,ou can do a lot of
things with that software for easy retrieval of
voluminous data.
)oftware on accounting, book keeping.
$rain your staff to be accommodating %like ay
dili man na mahimo mamFsir#( staff should be
trained to become problem solver. $ry to do
something out of the bo/.
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER
Based on the lectures of Atty. Cecilia Angeles
1B
O;en#n2 $ &$< (::#ce
&n opening a law office this also means organiCation.
,ou have to be organiCed because that is the key to
efficiency. ,ou have to design your system on how you
do it. 5ach and everyone have their own style. But
everybody should have an efficient filing system.
!ILING SASTEM
o Lawyer will design the filing system for his easy
access.
o +a8or categories of files6
Client files
Accounting files
Admin files
&f you have a good and efficient secretary it would take
half a load off your back. ,ou will 8ust think on your
legal issues. A good assistant will always keep track of
the deadlines, billings and others. ,ou don0t have to
think of those things.
C&#ent :#&e" L
+ust contain folders %e/pandable files( up to 9
inches. &n <orth America, they have these
things which can e/pand up to D inches. $hat is
the basic file folder.
Folders for client contact details, general
correspondence, billing address and contact
numbers, email addresses of client especially if
it0s a big office client. )ometimes office
addresses are not the billing address. ,ou have
to update your files. !rint those important
emails.
&f litigation file, make folders for pleading. ,ou
have to subdivide files if it is already a big file. &f
other people will work on your files, hindi
magkakawalaan. ,ou should be able to track
who0s getting what.
<umbering of folders, number of bellows. &f you
have a smart assistant, she should find ways to
be able to organiCe the files.
Color coding of folders % e/ample6 white for
general correspondence, red for billings, the
rest are brown folders(
Acc(unt#n2 :#&e" + ,ou have to know your accounting
files if you0re earning or not. )o that you know your
collectibles or how much your payables are. )ome big
firms have chief financial officers, they are not lawyers.
$hey 8ust look into your performance if you0re earning
money for the firm or having problematic accounts.
)eparate from the accounts folder. ,ou have to
have a book keeper to check your payables or
receivables. 4o not make your assistant your
book keeper baka maging hawak ka nya sa leeg.
3ffice accounting for clients. Always deposit
any money that coming in. Account all funds
especially client money.
)alary of staff. $hat is in your accounting. 5ven
you, you have to give yourself a salary. 4o not
treat it as your money. $hink like you are also
an employee of that firm. )o that you will be
able to know which fund is your profit or
income of your office. +ost solo practitioners
are confused. $hey do not have financial plans=
they mi/ed funds so they cannot determine
their income. ,ou have to distant yourself from
the law office. .ive yourself allowances %for
coffee with client and other e/pensed( and
account for it.
Account receivables F accounts payables.
Bookkeepers shall fi/ this and you shoud not
worry baka maputulan ka dahil may red bills
3verhead e/penses and government fees.
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER
Based on the lectures of Atty. Cecilia Angeles
1D
A%-#n#"tr$t#.e :#&e
!ersonnel folder L must sign confidentiality of
agreement= depending on how efficient the
organiCation should be.
+embership in professional organiCation L &B!,
or other local chapters.
!ublications %articles written and published(
part of their professional development. $his is
also a way of advertising your e/pertise. $here
is this publication in America where your law
firms are published but you have to pay for it.
$his is regarding the e/pertise, so the
publication rates the law firms according to
e/pertise so as the lawyer. $his is for
recognition.
+arketing L this is about sponsorships.
3ffice lease agreement.
&nformation technology.
C$&en%$r S)"te-
+ust set up calendar system in the office. $his
is for deadlines, schedule for the day or week or
appearances in court. )o that you assistant can
monitor you.
$his could be done electronically.
4eadline for pleadings must also be monitored.
Arranged according to the most pressing.
$he following week0s schedule should be
finaliCed on the Friday of the previous week and
this shall be given to lawyer. >sually the
secretary print the calendar on the $hursday so
that on the Friday the lawyer knows his
schedule and he can make use of the weekend
if there is a need rush something. $he assistant
must know your schedule
E&ectr(n#c @$t$ 4$n=
)upreme court decision L you can buy software
for some providers
*ord processer 2 for templates etc
Billing
Accounting
3ffice networking
Avail software applications for efficiency 2
bookkeeping
2 !hilip .alagar L
Le2$& C(un"e&&#n2
Au2u"t 2, 2012
C3<$;AC$ 3F 5+!L3,+5<$6
5/press or implied, verbal or written
&n case of series of work for the client
4ischarged without cause6 entitled to full compensation
*ith cause6 not entitled to compensation either under
contract or basis of -uantum meruit
&f abandons case or withdraws without 8ustifiable cause
before its termination, unless with consent of client

Contingent fee contract
As long as contract is not tainted with fraud, undue
influence, mistake or suppresion of facts on the part of
the lwyer terms of contract shall be implemented
against the portion of the clientEs property sub8ect of
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER
Based on the lectures of Atty. Cecilia Angeles
1?
the contract but only if the suit or litigtion is favorble to
the client
&f case is lost, no payment of fee
&f fee agreed upon is unconscionable, court may step in
to make it reasonable
3ther factors6
3ther une/pected incidents like filing and arguing a
motion, estimated time and effort to be spent for
arguments
5/penses to be incured in erfecting an appeal,
preparation of appeal briefs,
Business2like approach in fi/ing and payment of attys
fees
4elays must be e/plained to the client
Bottomline6 transparency
Business developingF marketing for law practitioners
.etting your name out there
Big law offices have rainmakers, the rest pf lawyers do
not develo their books of business
Aim for sustainability of practice
2 to achieve success in their legal careers
2 to promote growth of their law offices
)trategies6 marketing is a contact sport
2 pursue profile and confidence2builidng activities
5.g speaking engagements, publishing articles, etc
5stablish targets6 identify types of works and clients,
and identify specific audiences and communities that
will allow the interface with the lawyer
&dentify :2B Business devt activities in a year
2 something lawyer likes and does nturally
2 get active in
$rade orgs
)upport e/ecution2 report back and follow2through
$rack results2 vis2 a2vis your financial plan so success
can be measured
Canadian lawyer magaCine feb 9@, 9@19
+arketing of services6 draw a marketing plan
&mpt considerations6
2 know what your clients value
2 know your goals2 short, long2term
2 know resources2 how much money can you spend in
marketing
2 focus your resources to your target segment
B !s of +arketing
1. !roduct6 identify a need, then provide a service that
adresses that need uni-uely. 4onEt be a Pme, tooP law
firm, create a -uality product or service
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER
Based on the lectures of Atty. Cecilia Angeles
1A
9. !lace6 a -uestion of access, physical access, also
consider the internet %this has re
4efined physical acess(
:. !rice6 this is the entry point= allows your cients to see
if they can continue their relationship with your office
B. !romotion6 within thebounds allowed by ethical rules
%advertising your name in magaCines, referrals, etc
<ever take more clients than you can handle with loving
care
For endless referrals, build relationships to last. Geep
your friends close and your enemies closer, you never
noe where that referral will come from.
*hen building your business strategies, keep in mind
the client perspective foremost in both delivering and
marketing our legal services
$he practives of law is a business and pleasing the
customer benefits the customer and lawyer.
2;aia $umanda2
Le2$& C(un"e&&#n2
Au2u"t 0, 2012
Geeping Clients
- r(tect $n% nurture t9e re&$t#(n"9#;
o Client is boss
o 4efine relationship from the start,
things you will do and do not do= make
sure the client is satisfied with this
arrangement= misunderstanding must
be clarified right away
*hen you kind a grasp already what you are supposed
to work on then you have to tell the client the scope of
your work, what you can do and what you cant do and
make sure the client is satisfied with this arrangement
and misunderstanding should clarified right away.
)o if there are misunderstanding like
akalakobaattykasama yang out of pocket e/penses sa
lawyers fee nanapag2usapanna, akalakobahindi nay an
ichargesaamin. )o the 1
st
instance clarify it right away.
- er"(n$& %e-e$n(r $n% 'e9$.#(ur (: &$<)er
t(<$r%" t9e c&#ent
o @(#n2 $ 2((% ,(' n(t en(u29C
$here are some lawyers come in different siCes, there
are lawyers very gorgeous, very dignified, there is also
like the 8ustice secretary %& suggest not to follow her (
you don0t have to advertised that you are a lawyer very
stiff even with wearing scrap but & do like scrap but
since )ec 4e Lima wear it every time & will find another
accessory.
+en lawyers who like to sa end pa langng hall of 8ustice
shouting agadpanyero, there are lawyers paluoi9/
langug dating, you know if you are a lawyer you should
be able to stand up and have that confident personality
but not to the point of being boastful.
,our behaviour and appearance really matters in
dealing with the client, do you inspire the client" 4o you
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER
Based on the lectures of Atty. Cecilia Angeles
1J
appear like the client trust you" 4o you have clean
finger nails" All this class will matter so you need to be
professional in your appearance, bakanaman you went
to the office perohindinakaplantsaanginyong polo Q
barong so it is not enough to do a good 8ob.
5/ample meronka motion din you are with your client in
the court pro sasabihinng client mabaho man siAttyoi,
panalongaang motion mo pro
nahirapannamnhumingaang client so doing a good 8ob
is not enough.
7uman nature always calls for sympathy, so when you
go to doctors din you are e/plaining already lahatng
feelings mo pro parangwlalng so mainiskatalaga so dpat
you must be sympathetic to your client.
5/ample your client was confronted with credit card
debt and has been sued for collection also needs a
sympathetic hear ear, so
huwagmonamansabihinnacgeka man gudgastos so
knggibayarannanimowlanauntaproblema, you should
not say that. ,ou should say may be by the time you
have a money we can settle half of this we do not have
to go to the ne/t hearing, meron pa man yang
mediation wag
namansabihinbamalakinaitomasyadomalakina interest
nito bah' )o pag2ganun goodbye law practice.
o !r#en%&#ne""C ;r(-;tne"" (n(
;r(cr$"t#n$t#(n)C c(urte"), re";ect :(r
c&#ent"C 'u"#ne""+&#=e $tt#tu%eC
c(n"#%er$t#(n #n =ee;#n2 t9e c&#ent" #n:(r-e% (r
u;%$te%C
Friendliness is very important. Gung ang client mo finds
it so hard to e/press himself in 5nglish wag karinnaman
mgenglish9/, pgbinasaya sad what is important is that
he understands you.
!romptness is also important, do not procrastinate
because we lawyers we live by deadlines. )o lawyers
their professional life run by deadlines so do not
procrastinate. )ome lawyers pag2early pa dli pa
mgworkang mind then pagBpm nadhanamgcge dictate
sa secretary so who suffers from the pressure of the
deadline" ,ou poor secretary suffers because eventually
she would be the one typing or filing so that is unfair'
Courtesy. *e Filipinos it is not innate in us namagthank
you paranganghirapngmgthank you bah. But if it is with
the client you have to be courteous.
o A.$#&$'#&#t) $t $&& t#-e", te&e;9(ne
c$&&", e-$#&", te>t -e""$2e"
Always remember that if you communicate with the
client make sure you have a hard copy, because there is
no substitute for documentary evidence yungmga te/t
nabuburayan. &n <orth America for e/ample they issue
subpoena ducestecum through emails so they will print
that hindiyannawawala.
*hether you like it or not you cannot say that when the
client is calling in 11pm you will end the call, yun pa
naman client who are calling because they need
something or they remember something to tell you all
of the sudden, you have to answer it because some
client will be irritated because they think they are
paying but they cannot reach you. But of course after
you answer the call you can say to your client that such
matter can be attended in the nest day such be made in
a very polite and diplomatic matter.
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER
Based on the lectures of Atty. Cecilia Angeles
1K
- Dee;#n2 t9e c&#ent" #n:(r-e% (n <9$tB
o U;%$te (: c$"e (r -$tter "u',ect (:
ret$#ner"9#;
)o say what is there is nothing going on the case, you
still send the client about the status of the case
Let us say after the hearing this week you must send
client a status letter regarding the status of the case.
$he whole point of sending the client letters so that
your client will be impressed of your industry and of
course with the industry comes the billing statement.
o r(-;t re";(n"e t( #nEu#r#e" (re
'#&&#n2C "t$tu" (: t9e c$"e)
)o for a case namatagalmatapos, like a simple civil case
is 9 to : years, so as much as you wanted the client to
know the status of the case you must also clarify with
him the billing or e/penses like the photocopy,
peroyungmga status letters mo wag
mongichargebakasabihinng client naAtty wag
kanalngmgsendng status letter.
)o you have to update and don0t be late in your billing,
or don0t delay as long as you have like the itemiCed
e/penses for your client and the description of the work
done then that would be good enough to bill the client.
3f course your status letters must also be filed, there
must be a separate folder for that.
o O;en#n2 $&tern$t#.e" (r (;t#(n" t(
c&#ent :(r ";ee%) %#";("#t#(n (: c$"e"
,ou may discuss the clients with the status of the case
like after si/ months there is a possibility of entering
into compromise with the adverse party, you should
discuss this with the client. ,ou should not say
natapusintalaga naming ang case bapanalotayo, pro
talonamansyasaattys fees. )o to be fair and to show
your client that you are in good faith you must discuss
this with him.
o 4r#n2#n2 c&#ent $'re$"t (: %e.e&(;-ent
#n $re$ c(ncern
$his is true with specially to the corporate clients like
their area of business are politically sensitive, like a
mining firms, so the lawyers should keep track with
regards to the bills in congress. )o if your client is a big
entity and it seems that they will affected by legislation,
by local legislation like Coning you have to tell your
client that is part of your service. 5specially if you are
the retainer of the client.
o Tr$n";$renc) #n '#&&#n2
*hen you sent your statement make you must detailed
there the work undertaken during the past period.
- Tr$#n ;er"(nne& (r "u;;(rt "t$:: :(r
;r(:e""#(n$&#"-C -u"t un%er"t$n% ;re""ure (:
&e2$& <(r= $n% c(n:#%ent#$& n$ture (: <(r=5
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER
Based on the lectures of Atty. Cecilia Angeles
9@
4o not think that keeping the client only your
relationship with him that matters, it is not, it should be
the whole office. )o kungang assistant
momasyadongmabagal that will reflect on you right" )o
make you0re your assistantFstaff are properly train they
must know and appreciate the kind of pressure that
they have and they must be courteous, respectful and
must know the confidential nature of the nature of the
work.
)o you must also train your staff that they should be
professional in dealing with your clients. $hey should
also know that when there would be deadlines they
may end up working late, they should be able to have a
proper conversation.
- Mu"t $&<$)" 'e #n t(uc9 <#t9 t9e "t$::C "t$::
"9(u&% 'e tr$#ne% t( 9$n%&e <#t9 c&#ent" <9(
$&<$)" nee% $"$; $ttent#(n
<ow, when you get to be out there playing golf, but you
ought to be reachable by your assistant. ,ou cannot 8ust
leave your phone in the clubhouse because that is not
good your client might go craCy trying to reach you. )o
for as long as there is a signal you must be reached.
+ake sure that you should answer the te/t messages of
your client you may be not personally answered it but
you can ask your assistant to answer for you.
*hat the client really appreciates is the -uick response.
&f there is a valid reason to call you so answer it and
discuss it may be over the phone.
- O::#ce -u"t 'e c(nc&u"#.e :(r ;r#.$te
c(n:erence
$he office must be a nice place to deal business with.
$here are clients you don0t mind the appearance of the
office but there are also are so particular of the offices.
+ake sure there is a room there wherein you can make
conversation without being heard by the entire office.
- ;osalie <uneCa2