FOR

ATTY. SUSAN MUNZING

FROM

Edlyn C. Galinato

RE

Legal Counseling

DATE

June 26, 2014

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 Couseling 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.
Legal counseling has the following objectives:
1. To establish a professional and Interpersonal Relationship with the Client by:
a. Establishing rapport with the client through a relationship of trust,
confidence and comfort;
b. Establishing the nature and scope of representation;
c. Understanding the division of authority between the counsel and the
client in making decisions affecting the representation.
2. To obtain information relevant to clients situation and potential courses of
action by:
a. Interviewing the client about the facts of the situation and her underlying
interests, needs, concerns and feelings;
b. Understanding the clients views about the issues involved;
c. Exploring clients objectives and potential legal theories;
d. Conducting any necessary factual investigation;
e. Conducting any necessary legal research.
3. To analyse potential courses of action by:
a. Identifying potential courses of action for achieving the clients objectives;
b. Evaluating the legal and non-legal pros and cons of each potential course
of action;
c. Comparing the various courses of action and the clients objectives in light
of the risks and costs involved.
4. To advise the client about potential courses of action by:
a. Explaining to the client his legal rights and the legal ramifications of each
potential course of action;
b. Advising the client about the relative benefits, risks and costs of each
potential course of action;
c. Discussing with the client the probabilities of the various outcomes and the
legal and non-legal consequences of each potential course of action.
5. To decide upon the course of action to be taken and implement the course of
action by:
a. Arriving at a decision with the client about what course of action will be
taken;
b. Explaining the means and process by which to implement the course of
action
c. Explaining to the clients responsibilities and role in implementing the
course of action;

d. Consulting with and advising the client throughout the process of

implementing the course of action.
To establish an effective legal counseling, a relationship with the client must be
of paramount consideration. A non-judgmental acceptance, sincere care, patience and
empathy should be observed in dealing with the client. The setting of a clear context in
order to understand and assess the legal problem and a fact gathering in order to
determine the clients goals, values and priorities.
Standard 7.8. The practitioner should effectively counsel the client
throughout the representation to assure the client understands available options
and the potential benefits and risks of each. One of a practitioner's key functions is
to counsel clients to help them understand their legal problem fully and choose how to
respond. The client, not the practitioner, must ultimately determine the objective to be
sought within the limits imposed by law and the practitioner's ethical obligations. An
important role of the practitioner is to utilize legal knowledge and problem solving skills
to elicit the client's understanding of the problem and to identify possible outcomes and
the options available to accomplish them. Sometimes, a client will have limited
expectations and the practitioner can present available options that go well beyond what
the client thought possible. In other situations, the law may severely limit what can be
done, even though the client may feel entitled to much more. (ABA Standards for the
Provision of Civil Legal Aid (2006).
In considering law as a career and the scope of its responsibility, it is important
then that a student should be knowledgeable in different aspects. And there are
practical methods of improving the legal counseling skills of a law student.
a. To be acquainted with the knowledge of Substantive Laws and Legal
Procedures.
b. To have a skill in legal research such as research in legal concepts, case law,
judicial opinions, statutes, regulations and other information.
c. To have a good writing communication skill in order to draft effective legal
documents such as motions, briefs, memorandums, resolutions and legal
agreements.
d. To have a good oral communication skills to convey information in a clear,
concise, and logical manner.
e. To develop a keen listening skills
Hence, the integration of the subject, Legal Counseling in the curriculum is
important in order to prepare the law students in the practice of their profession, as
counsel and lawyers. It is also expected that in enrolling the subject students will be
able to actively use the intellectual skills acquired in substantive laws and legal
procedures to legal counseling and to know the process and techniques of an effective
legal counseling.

CHAPTER IV. THE LAWYER AND THE CLIENT

CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.

CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS
AND TRANSACTIONS WITH HIS CLIENTS.
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT
THAT MAY COME INTO HIS POSSESSION.
CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE
MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE.
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE
LAW.
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.
CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT EVEN
AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED
CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON
NOTICE APPROPRIATE IN THE CIRTUMSTANCES