GROUP 1 WRITTEN REPORT

Agbay John Philip C.

Ambrocio Erdie

CHAPTER 1: Introduction to Legal Counseling

I. Definitions
Counseling - ​ It is the art or practice of giving advice and information on a particular problem or
hypothetical situation which includes adoption of a course of action to be taken for the resolution
thereof

Legal Counseling – ​it is the art or practice of giving advice and information concerning a solution of a
LEGAL PROBLEM arising from a state of facts and the adoption of appropriate reliefs or remedies under
the law for satisfaction and enforcement of a legal obligation before judicial or quasi-judicial bodies.

Court of Justice – t​ he judicial body or tribunal that was created by law that has the jurisdiction and
power to hear and adjudicate litigious conflicts, which in turn has the power to grant relief and resolve
questions of law, as well as render judgment.

Quasi judicial body - ​ These are the administrative bodies or agencies belonging to the executive branch
of the government vested with the jurisdiction to hear and adjudicate non-litigious cases brought before
it by disputing parties, these are empowered like the courts to enforce it’s judgments and orders similar
to a court of law.

Administrative body or agency – ​is an instrumentality of the executive branch of the government vested
by law with jurisdiction to settle and adjudicate controversy arising from the interpretation, application,
and enforcement of laws or administrative rule or regulation

Arbitration – ​the process of extrajudicial settlement of controversies in the administrative level before
an arbitrator thru the voluntary will of the parties arising from the violation of law, administrative rule or
regulation

Conciliation - ​ ​is the extrajudicial process of settling disputes thru the voluntary submission of the parties
before the barangay Lupon or other administrative body or agency, usually arriving at the compromise
agreement which serv3es as basis of a court judgment or as a condition precedent to vest jurisdiction to
a court of Law

Compromise agreement – ​is a mutual agreement or understanding usually reduced into writing entered
into and executed by the parties litigants whether judicially or extrajudicially which serves as basis for
court judgment.
 II. The Importance of Lawyers in Society
Lawyers play different roles, many of which are only seen by those who directly benefit from their
services, as Society cannot inherently endure without order and such cannot be attained in the absence
of laws to govern and conduct the interaction of humans, it then must be essential to have a special
vocation that not only must interpret the law, but also render its judgment. Thus while judges are the
ones that interpret the law, and render it’s judgment a judge first and foremost must be a lawyer, hence
that which keeps society in check is governed by laws, thus the need and rise of lawyers.

III. The Practice of Law and Legal Ethics

Legal Ethics – ​The branch of moral science which treats of the duties which as an attorney at law owes
to his client, the court, to the bar, and to the public.

Legal Ethics in a sense is the guidelines on how a Lawyer must Conduct itself, that which is encompassed
in the Lawyer’s Oath.

IV. The Practice of Law

Generally, there is no hard and fast criterion for the definition of the practice of law.

“Any activity in or out of court which requires the application of law, legal principle, practice or
procedure and calls for legal knowledge, training and experience” – (Cayetano v Monsod)

“ strictly speaking, the word practice of law implies the customary or habitual holding of oneself to
the public as a lawyer and demanding compensation for his services.” – (People vs Villanueva)

ESSENTIAL CRITERIA DETERMINATIVE OF ENGAGING IN THE PRACTICE OF LAW:

1. Habituality – ​Implies customarily or habitually holding oneself out in public as a lawyer

2. Compensation – ​Implies that one must have presented himself to be in the active practice and
that his professional services are available to the public for compensation , as a source of his
livelihood or in consideration of his said services
3. Application of law, legal principle, practice or procedure - ​ which calls for legal knowledge
training and experience.
V. When can a lawyer not take a case
Generally, a lawyer has the discretion when to take a case, if in his judgment it is a form of harassment,
to delay the court proceedings, or relief then he may refrain from taking the case, However an
exception to the rule is when the Lawyer is appointed ​counsel de officio ​in a criminal proceeding,
the lawyer cannot refuse to take the case as he is bound to obey the orders of the court being
an officer of the court, much less refuse to provide his defense to the defenseless defendant.
 VI. Extent of the lawyer’s authority and advice
The Canons generally provide for the responsibility, conduct and accepted norms in the legal advocacy
that recognizes the lawyer’s authority to choose the proceedings he will institute on behalf of his
clients as well as how he plans to present in court.

THINGS To Remember:

1. A lawyer can make admissions of fact but not Law (which may still require special authority)
2. In terms of advising a client, it is up to the lawyer’s honest and sound judgment which is still
subject to a client’s final word
3. A lawyer has control only of the procedural aspect of the Case, the decision whether to proceed,
to litigation, settlement or appeal still lies in the choice of his client.
4. Despite a client’s decision the Lawyer must still be frank in explaining whether a case may
prosper via his legal expertise and knowledge.
5. An admission by a lawyer with out the knowledge of his client may be used against him
6. Parties-litigants are bound by the mistakes committed by their lawyers in matters of procedure.
7. Lawyers may not proceed against his client with respect to the losses he may incur by reason of
his clients fault or negligence as it is ​damnum absque injuria

CAYETANO Vs MONSOD CASE:

FACTS
Chrsitian Monsod was nominated by then President Corazon Aquino to the position of Chairman of the
Comelec, Petitioner Cayetano opposed the nomination alleging that Monsod did not possess the
required qualification of having been engaged in the practice of law for at least 10 years as provided by
the then Operative 1987 Philippine Constitution.

ISSUE:
Whether the respondent did not possess the required qualification of having engaged in the practice of
law for at least ten years.

RULING:
In the case of Philippine Lawyers Association vs. Agrava, stated: The practice of law is not limited to the
conduct of cases or litigation in court; it embraces the preparation of pleadings and other papers incident
to actions and special proceeding, the management of such actions and proceedings on behalf of clients
before judges and courts, and in addition, conveying. In general, all advice to clients, and all action taken
for them in matters connected with the law incorporation services, assessment and condemnation
services, contemplating an appearance before judicial body, the foreclosure of mortgage, enforcement of
a creditor’s claim in bankruptcy and insolvency proceedings, and conducting proceedings in attachment,
and in matters of estate and guardianship have been held to constitute law practice. Practice of law
means any activity, in or out court, which requires the application of law, legal procedure, knowledge,
training and experience.

The contention that Atty. Monsod does not posses the required qualification of having engaged in the
practice of law for at least ten years is incorrect since Atty. Monsod’s past work experience as a
lawyer-economist, a lawyer-manager, a lawyer-entrepreneur of industry, a lawyer-negotiator of contracts,
and a lawyer-legislator of both rich and the poor – verily more than satisfy the constitutional requirement
for the position of COMELEC chairman, The respondent has been engaged in the practice of law for at
least ten years does In the view of the foregoing, the petition is

REFERENCES:

Legal Counseling by Barte