Legal Counseling and Social Responsibility
Ballesteros
Group 2 Report (Aceron, Alvañiz, Azas, Bawa)
Chapter II
The Lawyer in Maiden Practice
I. A new lawyer who just hurdled the bar has
several options to pursue in order to start a
law practice, among which are the following:
Solo Private Practice
A new lawyer who steps into the field of
actual practice for the first time will encounter
difficulty in going into solo private practice. A
solo practitioner who starts from scratch will
surely encounter hardships in meeting the
soaring cost of rentals, equipments, travel and
representation and other expenses. A solo
practitioner oftentimes finds difficulty in
attracting good clients not being able to
establish a name for himself during initial
practice for lack of success in litigation. Without
a strong recommendation, it is hard to find a
client who will gamble his rights and interests
with an inexperienced lawyer. Solo private
practice is fraught with risks but also has
advantages. A solo practitioner enjoys being his
own boss, owing acquiescence or debt of
gratitude to no one. As long as he comports
himself as a trustworthy lawyer before the eyes
of the public, he will reap dividends in the long
run.
Assistant or Associate in a Private Law Firm
Joining a private law firm usually offers
better opportunities. Organizing a law firm with
classmates or joining a partnership with some
familiar friend lawyers who are financially
well-oiled and capable of satisfying the
overhead expenses of maintaining a law office
would be really helpful. In defraying expenses
such as office rentals, communication services,
and secretarial services, you may agree with
each other to contribute equal amounts, or take
sufficient amount from the common fund
accumulated from early earnings.
Joining a Corporate Law Department
The advantage of joining a corporate law
department is that if offers a high salary aside
from fringe benefits and perks not usually
enjoyed from a private law firm. The drawback
is the fear of losing a high paying job rather than
speculating on a new venture of private practice.
Once a lawyer is stuck up with a corporate legal
position he would find it difficult to go into
Atty. David L.
private practice with a precarious prospect of
earning a stable income.
Government Employment
A similar predicament poses for a young
lawyer who enters the government service.
After years of spending spree in the college of
law and reviewing for the bar examinations, you
are practically drained of ready cash with which
to your immediate needs. It might appear a
wise decision to enter the government service
and stay there for a few years to gain
experience and specialization in a particular
field.
II. Charting an Ideal Law Office
The following are considered essential
factors that may be of help in upgrading a ideal
law office:
a.) Accessibility
b.) Readily Identifiable
c.) Neat and Orderly Appearance
d.) Sufficient Light
e.) Ample Room
f.) Adequate Ventilation
g.) Decoration
h.) Cleanliness
i.) Drinking Water Facilities
j.) Near Parking Areas
k.) Near Washroom Facilities
l.) Modern and Interesting Reading
Materials
III. Dealing with the Client
Approach. The first order of business in
dealing with a client is, frankness and tact
should be the climate during the first interview.
With respect to the fixing and 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.
Availability. Be there when the client
wants you. Your client is your breadbasket so to
speak. It will make your client happy if he knows
that you are there when he wants you. Service
to your client sometimes includes getting up
and going out in the middle of the night, or even
cancelling your vacation plans.
Good human relations. Not all lawyers can
guarantee a sure victory for his client’s cause.
Of course, there is no substitute for winning a
case. However, good human relations, a lot of
psychology and tact and diplomacy are
considered essential ingredients that can
guarantee satisfaction to a distraught client.
Even with the sad news of losing a case, the
client would not feel disappointed and would
still come back to the same lawyer who is
loaded with encouragement to soothe his
client’s feelings and reasonable explanation why
they lose in the case.
The key to a satisfied client. The client
must be treated with cordiality and compassion,
with sincerity and honest intentions, and with
the spirit of not giving up even when all the
odds seem to shatter the brightest of hopes.
Making the client happy and comfortable.
A lawyer must keep his clients well posted
about the development of the case. A good trial
lawyer should not be interested only in his fees,
but one who places the welfare of his client and
the interest of he smooth administration of
justice above self; by avoiding unnecessary
delays whether in minimizing trial
postponements and the filing of necessary
pleadings in court.
Attorney’s fees. In fixing the amount of
attorney’s fees, the following should serve as
guidelines: (a) the value of litigation involved; (b)
the professional standing of the lawyer in the
community; and (c) the difficulty of the issues
involved. It must be based on the standard of
quantum meruit meaning “as much as he
deserved.”
An agreement which requires the client to
assign a portion of his property subject matter
of the litigation in favor of his lawyer as
contingent fee during the pendency of said
litigation, is considered a violation of Art. 1491
of the Civil Code and constitutes an act of
malpractice.
The right to demand payment for the
lawyer’s services should be founded on the fact
of employment. At any rate, no formal contract
is necessary in order to prove the fact of
employment. It may be express or implied,
verbal or written.
With respect to contingent fee contract, a
different rule governs, such that as long as the
contract is not tainted with fraud, undue
influence, mistake or suppression of facts on
the part of the lawyer, the terms thereof shall
be fully implemented against the portion of the
client’s property subject of the contract, but
only if the suit or litigation ends favorably to the
client.
IV. Jurisprudence: Small v. Banares 516 SCRA
323
Facts: A complaint for disbarment was filed by
Small against Banares for failure to render legal
services and to return the money received for
his legal services. First, respondent received the
amount of P20,000 from complainant as
acceptance fee. Later, complainant delivered to
respondent P60,000 allegedly to defray filing
fees. Complainant consistently communicated
with respondent regarding the status of the
case. But respondent repeatedly told
complainant to wait as respondent was still
preparing the document. The IBP made findings
that respondent failed to render any legal
service despite having been paid.
Held: The Code of Professional Responsibility
provides that a lawyer shall serve his client with
competence and diligence. The Code states that
a lawyer shall keep the client informed of the
status of his case and shall respond within a
reasonable time to client’s request for
information. Respondent’s failure to
communicate with complainant was unjustified
denial of complainant’s right to be fully
informed of the status of the cases. By his
inaction, respondent disregarded his duties as a
lawyer.
V. Sustaining a Law Practice
Establishing a Reputation. Once a lawyer
has acquired substantial number of clientele to
start with a maiden practice, the new lawyer
should strive to maintain their patronage while
attracting some more clients. It is at this stage
that the new lawyer ought to establish a
reputation of professional responsibility and
honesty.
Enhancement of experience and skill. If a
lawyer is to succeed in his practice, he must
keep abreast with recent legislations and their
amendments, as well as with latest
jurisprudence.
The Mandatory Continuing Legal Education
program (MCLE) that the Supreme Court has
imposed on legal practitioners is a sine qua non
requirement before a lawyer is allowed to
institute an initiatory pleading and appear in
court.
Good public relations with the courts, the
bar and the public. Membership in different law
associations and lawyer’s organizations is
necessary for a lawyer in order to familiarize
himself with the recent developments in our
legal and judicial system, and be able to imbibe
the warm fellowship that pervades among the
rank and file of the profession. It also affords an
opportunity for you to observe the
idiosyncracies and temperament of those with
whom you brush elbows and tacks in court
everyday, including members of the bench, thus
be able to adopt a more effective approach in
dealing with them.
Specialization. A law practitioner should
seek light from his own evaluation of his
capabilities and assets whether the 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.
VI. Norms of Conduct for Successful Lawyering
(a) Remember who you are working for.
Never lose sight of the fact that the real boss is
the client. If you satisfy the clients, you stay in
the business so be nice to them.
(b) Define the relationship. Make sure from
the start that your clients understand what you
can and cannot do for them. Let them know
that you will get their consent before settling or
taking other actions in their cases.
(c) Keep in touch. Never treat you clients
like strangers. Give your clients courtesy calls
every now and then. Ask how they are. Give
them updates.
(d) Keep at least two docketing systems.
You should have two docketing systems, one
that you manage and one that your staff
manages. Always let your clients know when
any special date is coming up. Let them know
about not just court dates, but also depositions,
meetings, teleconferences, and the like.
(e) Accept phone calls. Many clients feel
slightly uncomfortable about calling their
lawyers; they may have the impression that
interrupting the lawyer’s day will only hurt their
own cases. If you only take calls during certain
hours, let your clients know what these hours
are. Be accessible.
(f) Promptly return your phone calls. An
unreturned phone call is a mark against you,
and these marks add up. Be honest.
(g) Spend time with your staff. It will open
up communication with your staff and keep
them in the loop which is where they want to
be.
(h) Paper the worlds. Furnish your client a
copy of everything. To you clients, these cases
are big, maybe the biggest thing happening in
their lives.
(i) Send out an evaluation sheet. Ask clients
to evaluate your performance at the end of
every case. This will be a real learning
experience.
VII. Standards that client expects from lawyers
a.) Prompt and thorough communication
to keep the client fully informed on the
progress of his legal matters;
b.) Prompt handling of the client’s work;
c.) Honest and straightforward dealing
with the client, including careful evaluation
of the case, a full explanation of the
particular problems and procedures
involved, and a frank and early discussion
of fees;
d.) A courteous and sympathetic attitude
toward the client, evidencing a personal
and sincere interest in the client’s
problems;
e.) Competence and diligence in handling a
client’s affairs.
Chapter III
Workload of a Lawyer
I. The standard yardstick of successful
lawyering may be defined from the
accomplishment of the following work tasks of
the practicing lawyer, to wit:
a.) Advice
b.) Negotiation and conciliation
c.) Drafting, whether of pleadings to be
filed in court, or of documents and written
contracts;
d.) Litigation
e.) Financing
f.) Property management
g.) Acting as executor or trustee of a will,
or special administrator in the case of
intestate succession;
h.) Specialization
II. Advice
Every lawyer is presumed to be competent
in giving spontaneous and off-hand advice to
prospective clients. On matters involving an
intricate question of law and the latest ruling of
the Supreme Court, the lawyer should be frank
to the client, that the same cannot be answered
on the spot, hence, needs a reservation on your
part to make research and verification.
A lawyer should never seek to coerce the
client or threaten to impose sanctions if the
client does not decide a certain way. His role is
to assist the client in deciding he has the power
to force him to do so.
Frankness is the name of the game. The
best approach is to define right upon
acceptance of the employment or before giving
any advice, the extent of the client’s role. He
should be impressed that as a lawyer his wishes
can be followed insofar as they appear to be
legally feasible and do not collide with the
lawyer’s oath.
III. Negotiation and Conciliation
The following are the essential factors of
negotiation and conciliation: a) Proposals to the
other side; b) counter-proposals; c)
reconsiderations; d) compromise; e) advice to
clients; and f) client instructions to counsel.
Special Power of Attorney. A lawyer must
be equipped with a special power of attorney
before sitting at the negotiating table. This is so
because the essence of a lawyer and client
relationship is likened to that of agent and
principal in a contract of agency forging out a
compromise agreement. A compromise
agreement without a special power of attorney
or special written authority from the client,
renders the judgment based on a compromise
agreement null and void. But once approved by
the court, a compromise agreement has the
force of res judicata between the parties, unless
vitiated by forgery or other vices of consent.
(Wesca vs. Gilinsky, 526 SCRA 533)
A general power of attorney does not
include a special power to perform a particular
act. Nevertheless, the performance of the acts
without the consent of the client does not ipso
facto render the transaction or deed void, but
only voidable until ratified by the client.
IV. Drafting
How the term is used in the profession. It
includes not only the preparation and drafting
of written documents, like deeds of conveyance,
every written contract of sale, mortgages,
building contracts of Engineers and Architects,
memoranda of agreement for multi-faced
negotiations involving public interest, and every
written agreement in the course of business,
including the review and modification by others.
A practicing lawyer may be called upon to draft
many kinds of instruments, including originally
phrased documents tailored to a single
transaction or series or transactions.
Clarity and precision writing. The ability to
write with clarity and precision and to anticipate
all relevant legal and factual considerations is a
lawyer’s skill of high order. Nevertheless, one
does not need to be a gifted writer to be able to
draft a nearly perfect document. What is
important is that it contains all the essential
requisites and formalities provided by law. The
simpler the language is used, the better.
V. Litigation
Definition. Litigation means proceedings
before any tribunal, whether judicial or
quasi-judicial or administrative body vested
with jurisdiction to decide issues involving
parties who are entitled to appear before the
decision-maker and prosecute their case.
Litigation and negotiation distinguished. In
litigation, a third party decides issues invilving
others; whereas, in negotiation, parties with
conflicting interests seek to resolve or
accommodate to them by mutual agreement
among themselves.
VI. Property Management and Leasing
In general. Considered of lesser lucrative
value is a segment in the lawyer’s task
especially patterned for small law firms and solo
practitioners, focusing on property
management for clients. A lawyer who is skilled
in this kind of specialization, can save his client
from liability. In rent collection aspect,
whatever technique the lawyer may adopt to
make it more effective and speedier should be
pursued with no let-up.
Ejectment. Be sure not to commit an error
in filing your ejectment complaint with the
court of proper original and exclusive
jurisdiction in forcible entry and unlawful
detainer cases, which are cognizable by the
MeTC, MCTC, and MTC. The Statute of
Limitations requires the filing of ejectment
cases not later than one (1) year from final
demand, after which the next remedy is accion
publiciana to recover possession of the property
after the expiration of one (1) year, which is
cognizable by the Regional Trial Court.
VII. Jurisprudence: Fortune Life and General
Insurance Co., Inc. V. CA 224 SCRA 829
Facts: This case is about the application for
damages against the bond of private
respondent Delsan Transport Lines, Inc. The sole
issue raised by the petition is upon perfection of
petitioner’s appeal of the trial court’s decision,
does said court retain jurisdiction to hear the
application for damages against the bond that
was posted in support of private respondent’s
motion for execution pending appeal.
Held: As a necessary consequence thereof, the
trial court was divested of jurisdiction over the
case. Section 9, Rule 41 of the Rules of Court
mentions three (3) instances where the trial
court is allowed to exercise residual jurisdiction,
after the perfection of the appeal, namely, (1)
to issue orders for the preservation and
protection of the rights of the parties which do
not involve any matter litigated by the appeal;
(2) to approve compromises offered by the
parties prior to the transmittal of the record on
appeal to the appellate court, and (3) to permit
the prosecution of pauper’s appeal. Petitioner’s
reliance on the first instance is misplaced. The
provision speaks of “protection and
preservation” of the rights of the parties. The
action for damages, in fact, and in actuality,
however, is an act of vindication, is punitive in
nature and not an act to protect and preserve,
but to punish and make one party, the private
respondent, herein, to pay damages.
pertain as aliquot share of each and every
devisee and legatee in order to prevent
intestacy.
IX. Specialization
Definition. It refers to the work task of a
practicing lawyer who specializes or has vast
expertise or is highly competent at performing a
specific kind of work or practice. Specialization
may likewise refer to trial lawyers who
specialize in a particular field of law, such as
criminal lawyer, a civilist, a practicing lawyer
who specializes in naturalization proceedings,
immigration law, patent law, titling of
properties, labor cases, special proceedings like
adoption, guardianship, hospitalization of
mentally retarded, agrarian law, transportation
law, tax cases, and SEC registration.
General Practitioner. On the other hand, a
general practitioner refers to a lawyer who
engages in general practice of law, incompatible
with specialization, even though there are a few
kinds of clients and causes unacceptable to him.
More specifically, a general practitioner is one
who is willing to represent almost any kind of
client in almost any kind of matter if the client
will pay the practitioner’s goind rate.

VIII. Acting as Executor or Trustee

Logical Reason. It is very likely that when a
client hires a lawyer to draft his will, he will just
as well appoint the same lawyer to act as
executor of the said will. So also, the lawyer
who drafted the will and had acquired sufficient
knowledge and identification of the testator’s
properties and nature of his bounty, should be
the logical person to discharge the task of
trustee in the management of the real and
personal properties of the decedent in his
fiduciary capacity.

Qualities. A lawyer who drafts and acts as

executor of a will should possess a vast
knowledge of the law on wills and succession.
He must be conversant about how much
portion of the testator’s estate he is permitted
to dispose of by will without encroaching on the
legitimes of compulsory heir. He should be
precise about the specific area and kind of
property of the decedent’s estate that should