Beruflich Dokumente
Kultur Dokumente
Page 1 of 9
LEGAL COUNSELING | Group II
Kariene Gayle Galapon Mary Ruth A. Granil Mark Lester L. Aure
Louben Degara Buenaventura Mark Mallone P. Eco Ver Anthony Fortich
Frankness and tact should be the climate during the first interview
As to fixing and payment of attorney’s fees, a business approach should be the
criterion
Contract of lease of services should be strictly implemented
Every delay in the outcome of the case should be explained to the client after
the hearing
Be there when the client wants you
The key to a satisfied client is to treat him with cordiality and compassion, with
sincerity and honest intentions, and with a spirit of not giving up even when all the
odds seem to shatter the brightest of hopes
Page 2 of 9
LEGAL COUNSELING | Group II
Kariene Gayle Galapon Mary Ruth A. Granil Mark Lester L. Aure
Louben Degara Buenaventura Mark Mallone P. Eco Ver Anthony Fortich
Note that the amount of attorney’s fees may depend upon the agreement of the
parties. Provided, That it is not champertous or confiscatory in nature. Neither should
the amount be unconscionable, otherwise, the courts scould order its reduction to
make it reasonable based on the standard of quantum meruit.
Small vs Banares
Once a lawyer has acquired a substantial number of clientele to start with a maiden
practice, the new lawyer should strive to maintain their patronage while attracting
more clients.
Should establish a reputation of professional responsibility and honesty
Should keep abreast with recent legislations and jurisprudence
Mandatory Continuing Legal Education (MCLE)
According to Former Justice Minister Ricardo C. Puno, “when one studies law, passes
the bar and becomes a lawyer, he is perpetually condemned to study law, otherwise,
he will become useless like a farm implement that becomes rusty for non-use.”
Clients are the breadbasket of the profession; hence, a lawyer owes to his clients a
bundle of his time to make them happy.
Page 3 of 9
LEGAL COUNSELING | Group II
Kariene Gayle Galapon Mary Ruth A. Granil Mark Lester L. Aure
Louben Degara Buenaventura Mark Mallone P. Eco Ver Anthony Fortich
Survey by a local chapter of the Integrated Bar of the Philippines shows the following
reasons given by clients in selecting a lawyer
1. Reputation for capability as a lawyer 26%
2. Reputation for trustworthiness 23%
3. Personal acquaintance with lawyer 20%
4. Referral by neighbor or friend 13%
5. Participation in civic, religious and community
activities 3%
6. Referral by another lawyer 2%
7. Lawyer’s political activity 1%
8. Lawyer’s appearance and conduct in court 1%
9. Other reasons 3%
The survey result discloses that reputation plus personal contact account for 85% of
client’s reasons in the selection of a lawyer.
The most elementary practice of holding a client is, giving of sound advice,
drafting of valid documents, adopting a correct theory and backing of the law
that is applicable to the problem
Attitude – Friendliness, promptness, courtesy, respect for clients, businesslike
Prompt and thorough communication to keep the client fully informed on the
progress of his legal matters
Prompt handling of the client’s works
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
A courteous and sympathetic attitude toward the client
Competence and diligence in handling a client’s affairs
Page 4 of 9
LEGAL COUNSELING | Group II
Kariene Gayle Galapon Mary Ruth A. Granil Mark Lester L. Aure
Louben Degara Buenaventura Mark Mallone P. Eco Ver Anthony Fortich
Whether winning or losing a case, a lawyer should strive not to lose his clients, but to
win more clients to expand his clientele
Workload of a Lawyer
On matters involving an intricate question of law and latest ruling of the Supreme
Court, the lawyer should be frank to client, hence, needs reservation to make prior
research verification.
Alternative courses of action that the lawyer may suggest to the client:
Page 5 of 9
LEGAL COUNSELING | Group II
Kariene Gayle Galapon Mary Ruth A. Granil Mark Lester L. Aure
Louben Degara Buenaventura Mark Mallone P. Eco Ver Anthony Fortich
The lawyer merely restricts his role to illuminating choices, not recommending, and
any opinion he expresses are directed only at the relevancy and merits of the
alternatives, not at deciding among them.
Frankness is the name of the game. The lawyer’s role is to stand foursquare with
client’s interest, but only to such limit that will not allow him to compromise your
professional and moral standards, by advising on a course of conduct bordering on
ethical principle.
One important thing to remember when negotiating for a client is that the lawyer
must be equipped with a special power of attorney before sitting at the negotiating
table.
The need for such special authority is indispensable especially for a lawyer who
appears for his client in court proceedings. Without such special authority from the
client the judgment of the court based on the compromise agreement cannot be
enforced it being null and void unless ratified thereafter but before the finality of
judgment.
The principle is that, a general power of attorney does not include a special power
to perform a particular act. Thus, special authorities are necessary for transactions
specifically required by law [See Art. 1878, 1879, 1880, NCC] to bind his client
within the scope of his contract of employment.
Page 6 of 9
LEGAL COUNSELING | Group II
Kariene Gayle Galapon Mary Ruth A. Granil Mark Lester L. Aure
Louben Degara Buenaventura Mark Mallone P. Eco Ver Anthony Fortich
Typical instruments creating legal rights and non-legal matters that occupy the day
to day activities of the practicing lawyer, as well as constitute as lucrative sources
of his life-blood, to wit:
1. Usual contracts and deeds;
2. Sales;
3. Leases;
4. Mortgages;
5. Wills;
6. Partnership agreement;
7. Articles of Incorporation;
8. Pleadings, compromise agreements;
9. Decision and resolutions;
Page 7 of 9
LEGAL COUNSELING | Group II
Kariene Gayle Galapon Mary Ruth A. Granil Mark Lester L. Aure
Louben Degara Buenaventura Mark Mallone P. Eco Ver Anthony Fortich
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.
LITIGATION
PROPERTY MANAGEMENT
Page 8 of 9
LEGAL COUNSELING | Group II
Kariene Gayle Galapon Mary Ruth A. Granil Mark Lester L. Aure
Louben Degara Buenaventura Mark Mallone P. Eco Ver Anthony Fortich
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 said will as the lawyer who drafted
the will had already acquired sufficient knowledge and identification of the
testator’s properties and nature of his bounty. As such, it is logical that the person
to discharge the task of trustees in management of the real and personal properties
of the decedent is the lawyer in his fiduciary capacity.
SPECIALIZATION.
Refers to the work of practicing lawyer who specializes or has vast expertise or is
highly competent in performing a specific kind of work or practice.
Page 9 of 9