LEGAL COUNSELING

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

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

PROBLEMS OF NEW LAWYERS

1. Whether to open a law office

Two great problems or handicaps

a) Lack of necessary experience
b) Lack of clientele

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

brother-lawyer already established independent practice.

3. Whether to enter in government service

FACTORS THAT MAY AFFECT YOUR DECISIONS

1. FINANCIAL
2. FAMILY TIES
3. POTENTIAL CLIENTELE

CHOOSING THE LAW OFFICE TO WORK IN

A) ESTABLISH LAW FIRM

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

 For the old lawyers “the hiring of a new lawyer is one of the most
hazardous undertaking that the old practitioner is called upon to
perform. The eager youngster may know much about the law, but
he usually is not too well versed in the methods of utilizing such
knowledge
 1. WHAT NEW COMMER TO EXPECT
 To be a researcher
 To appear for postponement purposes
 The pleading he made shall be revive entirely
 Handling collection cases or preparation of position papers in
labor cases

2. ATMOSPHERE AT THE LAW OFFICE

 Adjustment

General norms of conduct

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

3. DEALING WITH SENIOR PARTNER

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

is to be done without waiting for someone to explain

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

 Before going to the senior partner to seek an advice, you

must first examine all the facts and look for all applicable
laws

 LOYALTY, DEVOTION to duty and DELIGENCE, upon

these three virtues, YOUNG LAWYERS is made and
unmade

B. OWN LAW OFFICE

1. Location (consider the convenience of your client)

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

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

TO ACHIEVE SUCCESS IN LAW PRACTICE

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

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

Supreme Court Justice

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

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

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

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

LEGAL COUNSELING as essential component of lawyering

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

IMPORTANCE OF LAWYERS IN SOCIETY

 Lawyer is one of the oldest profession in the society, it existed

even before Christ. Even after the death of Jesus, there were two
lawyers who claimed the body of Christ in order to give him a
decent burial

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

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

 The community cannot endure without order and that order

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

 Under our system of government where everybody is equal before

the eyes of the law, the services of a lawyer are second to none.
Lawyers are in a peculiar situations of influence in his continuous
contract with great variety of people. His advice and his
assistance are sought by the wealthy and the poor; strong and the
weak; honest and dishonest

WHAT IS CONSIDERED PRACTICE OF LAW?

 People vs. Villanueva, 14 SCRA 109. Law practice is more than

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

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

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

WHEN NOT TO ACCEPT A CASE?

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

 If the client has really no cause of action or defense at all, but

merely seeks your legal services to delay and buy time, to obstruct
justice and harass the court or the adverse party and you ought to
know this as a counselor-at-law, then you should not accept the
case.

 Although this is impractical for new lawyer but somehow affect

your reputation. Imagine if you always lost a case in court. But
this is not involved one’s belief as to whether or not a client is
guilty, since you still have the duty to see to it that he is given the
full benefits of the law and all the legal defenses he is entitled to.
But if the client really has no cause of action or defense at all, but
merely seeks your legal advice to delay and buy time, then you
should not accept the case.

HOW TO SUSTAIN LAW PRACTICE [SPECIALIZATION]

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

 Former Justice Minister Ricardo Puno once said, “when one

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

Lawyer must have good refutation by enhancing experience, skill

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

B) Specialization

A law practitioner should seek light from his own evaluation of his
capabilities and assets, whether field he has chosen is really his favorite
and that it is his chosen field where he can show his skill and talent.
Once having chosen a specialization, he should restrict his practice
therein by starting with few cases. As your name is known in that line,
then your clientele will gradually increase in number, so much so that
your fellow lawyers will refer some of their clients, relatives and
acquaintances to you.

However, specialization is rather difficult to succeed when you are

practicing in rural areas or provinces, because you cannot restrict your
practice in only one field. Hence, if you contemplate to devote
specialization in the rural areas, you might end in frustration. At most
only general practitioners will be able to thrive in the provinces and
municipalities.

C) Membership to different law association

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

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

EXPECTATIONS OF CLIENT FROM LAWYER

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

1. Good personality

2. Attendance (Court and Office)

 A lawyer may be very clever, very brilliant, but all his

cleverness and brilliance are wasted if these are not known to
world, and the lawyer’s world is the court.

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

court room before the judge takes his set

CLIENT

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

 No matter how brilliant a lawyer may be, he cannot hope to

achieve a high place in the profession unless he has an
opportunity to demonstrate his ability and earn a living while
doing so

Secret formula

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

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

Handling of clients

 Service to your client sometimes includes getting up from the

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

 The method of handling clients is very important. Some

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

 It is better to go out and tap the shoulder of your waiting client

(Ulo-uloba, sorry kaau sir ha.)

 While it may true that there is no substitute for winning a case,

but human beings as they are, not all lawyers can guarantee a
sure victory for his client’s cause. Apart from human factor,
such as bias judge, there are factors that you can do nothing.
Example: 1) Death of vital witness, loss of vital documents.

 If you lose a case; definitely your client will be frustrated. To

satisfy the client, in case of loss, is to treat him with cordiality
and compassion with sincerity and honest intentions and with
spirit of not giving up. Respect.

 Clients are the breadbasket of the lawyer’s practice. In fact,

without clients what else would propel a lawyer into the
practice of law. Hence, whether winning or losing a case, should
strive not to lose a client, but to win more clients to expand his
clientele.

Progress report

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

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

Define your relationship

 Conduct towards the client is another factor may determine the

duration of the client-lawyer relationship. The lawyer should
treat his client with dignity and see that the clients treat him,
the same way. In short, there must be mutual respect.

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

How to hold a client?

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

WORKLOAD OF A LAWYER

A) Giving advance

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

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

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

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

In giving advice, lawyer must give alternative courses of actions

that the clients may pursue

But before proceeding to giving an advice, you must first determined

the extent of your services, whether it is for just a consultation or a
preclude to filing or defending a case. Thereafter, you must first lay
your fees whether consultation or acceptance fees.

B) Negotiation and conciliation

Factor in negotiation
1. Proposal to the other side
2. Counter-proposal
3. Recommendation
4. Compromise
5. Advice to clients
6. Clients instruction to counsel
 Negotiation and conciliation requires patience. These usually
transpire in a face to face conference but there are instances that
negotiation may be accomplished by telephone or correspondence.
Usually lawyers take the center stage. However, there is wrong notion
that controversies cannot be settled amicably if there are lawyers for
which reason the Supreme Court instructed trial judges to intervene
through judicial mediation.

Before going to negotiation table, lawyer must be duly authorized

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

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

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

and written contract

 Clarity and precision writing

D) Litigation

When despite all avenues and pressure-packed attempts to

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

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

must advice his client the most beneficial remedy available.

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

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

E) Financing

Property management
PREPARATION : TRIAL

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

1. Be frank and firm to the client

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

1. Be frank and firm to the client

 As new practicing lawyer cannot have any assurance that what

his client is telling him is the truth.

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

2. Avoid frequent interruption

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

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

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

 It is advisable that lawyer should know the different dialect

spoken in this country

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

 Ask the client or witness if related everything

 Allow him to make corrections and addition

B) Analysis and case development theory

a) Determined client’s needs and priorities

 1. Financial
2. Security
3. Possession

b) Potential claims and remedies

1. Cause of Action
2. Relief

RENUMERATION (FEES)

 There is one question in which the lawyer is always interested and

which presents a perennial problem. “HOW MUCH SHOULD I
CHARGE MY CLIENT?”

 Under the rule, an attorney shall be entitled to have and recover

from his client no more than a reasonable compensation for his
services.

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

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

 However, the right to demand payment for the lawyer’s services

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

 People vs. Villanueva, 14 SCRA 109. Law practice is more than

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

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

includes preparation of pleadings and other papers incident to
actions and special proceedings.
  The initial step a lawyer should start to perform an act
constituting a practice of law, is the establishment of client-lawyer
relationship.

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

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

 Once a lawyer has performed an act that constitutes practice of

law, no other proof is required to show its existence except the
primary evidence of the act itself.

 Until such time that lawyer-client relationship is clearly defined

and created, rights and obligations that arise between them
cannot be invoked or enforced.

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

employment. It may be express or implied, verbal or written

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

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

 “If a lawyer renders valuable services to one who receives the

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

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

different things.

 It is necessary and advisable that the lawyer’s fees must first be

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

BASIS:
 1. The importance or difficulty of the subject-matter of the
controversy;
2. The extent of the services rendered;
3. The professional standing of a lawyer

CLIENT CANNOT DISMISS THE LAWYER AT WILL

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

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

 Lawyer may withdraw his services under the following

circumstances.

1. Client pursues illegal or immoral course of action

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

LAWYER’S AUTHORITY TO CONTROL TRIAL

 The lawyer’s authority to control the trial should be recognized by

the client. The client cannot question the lawyer’s authority to
choose the proceedings of the legal remedy he will adopt involving
the case.

 However, the authority of the lawyer does not include entering

into compromise, stipulation of facts or confess judgment with
special authority from the client.