Legal Counseling
Basedon the Lectures of Atty. Angeles
I.
PRACTICE OF LAW
A. Definition
An act of performing any activity pertaining to a bona
fide member of the bar carried out on a habitual or
continuous process, translated into action by means
of giving legal advice, drafting of documents or
appearance in court or any other administrative or
quasi-judicial body, involving the use of faculty or
intelligence of one skilled in law who is entitled to a
legal fee . (from the author of the book).
Atty. Angeles:
::an act of performing any activity pertaining to a
bona fide member of the bar- You must not be a
student! You must be a member of good standing of
the Philippine bar.
::carried out in a habitual or continuous process - Pag
once molangginawa, nagbigay ng advice,
hindisyamaconsider as a practice of law. There must
be a pattern of doing things so that we can conclude
that an individual is engaged in the practice of law.
:: Translated into action by means of giving legal
advice - It must be legal advice. We are talking about
the practice of law. You should give possible ways
allowed under the law. For example if somebody
comes up to you for advice regarding a philandering
husband, you cannot say nawalanghiyatalaga yang
husband mo, o sige, ipaputolmo yang credit card
niya! Thats not the legal advice we are talking about.
Instead, you should think of the possible ways or
actions she may pursue under the Family Code. What
are the ways she can do to protect her children? How
can she get support? Etc.
:: Drafting of documents-This is very much a part and
parcel of the practice. Examples are demand letters.
:: Appearance in court- Not necessarily. There are a
lot who are in the practice of law who does not
appear in court. In fact, I know a lot of them but they
are mostly seniors by now. They find going to court
such a waste of time. They send junior lawyers to file
the motions. So where can you find them? In the
golfcourse! You see, you can get into areas of
lawyering which does not require going to court.
::or other administrative or quasi-judicial body- so
that is still practiceof law,appearance before the SEC,
NLRC, or other administrative bodies.
:: involving the use of faculty or intelligence -
applying all that you have learned and all aspects of
your training and education, e.g. statutes, provisions,
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jurisprudence, statutory construction, you put all of
them into use for one particular work
::legal fees - not limited to attorney's fees, it includes
salaries, compensation or remuneration
Why is it important to determine that one is in
the practice of law?
Practically because we need to know whether you are
entitled to a legal fee or whether you are legitimately
engaged in the practice of law because if you are not,
you can be guilty of violation of our penal laws, i.e.
usurpation of official functions.
Cayetano vs. Monsod
Atty. Monsod was a nominee for the position of
COMELEC Chair. Atty. Cayetano questioned the said
nomination of Atty. Monsod because one of the
requirements for the position is that the person must
have practiced law for the last 10 years. Atty. Monsod
is not a lawyer in a law firm.
ISSUE: WON Atty. Monsod was engaged in the
practice of law.
HELD:
Practicing law is not limited to the conduct of cases in
court. A person, for a valuable consideration, engaged
in the practice of advising persons, firms, associations
or corporations as to their rights under the law or one
who appears in a representative capacity as an
advocate in proceedings is considered practicing law.
II.
WHAT IS LEGAL COUNSELING AND
WHAT IT IS NOT
A. Practice of Law is NOT a:
1. Business. The practice of law is not about profit.
Members of the bar often forget that the practice
of law is not a money-making venture and law
advocacy is not a capital that necessarily yields
profit. The gaining of livelihood is not the
primordial but a secondary consideration ( Burbe
vs. Atty. Magulta).
Duty to public service and to the administration
of justice should be the primary consideration of
lawyers.
Lawyer must subordinate personal interest. It is a
noble calling in which emolument is just a by-
product and the highest eminence may be
attained without making much money.
Atty. Angeles: The practice of law is more than just a

business, it is nobler than that. As a lawyer you must
be instrumental to the dispensation of justice.
Remember, however, that when you set up a law
office, you must be able to maintain that office. You
must strike a balance between earning to survive the
practice and keeping your practice an honest
undertaking, not making profit the primary objective.
2. Legal Right.
A candidate does not have the right to enjoy the
practice of legal profession simply by passing the
bar. It is a PRIVILEGE that CAN BE REVOKED
subject to the mandate of due process of law
(Case of Ui).
B Instances NOT Considered as Practice of
Law:
1. Gratuitous furnishing of legal aid to the poor who
are in pursuit of any civil remedy, as a matter of
charity does not constitute practice of law.
2. Search of records of realty to ascertain what they
may disclose without giving any opinion or advise as
to the legal effects of what may be found.
3. When you are merely doing clerical work. Work
involving only clerical labor or filling in finished
documents without giving legal advice.
Determination of whether or not an individual
is in the practice of law
-necessary for the entitlement of lawyers fees
-basis for filing of action for usurpation of official
functions
C. What is Legal Counseling?
Definition: It is the art of giving advice or information
concerning the solution of a legal problem arising
from given state of facts and the adoption of
appropriate use of remedies under the law for the
satisfaction and enforcement of a legal obligation
before a judicial or quasi-judicial body.
giving advice or information - It is either
preventive or curative. Curative means trying to
remedy the problem without necessarily bringing
the subject matter before the court for
adjudication.
solution of a legal problem - Does not include
social problems (Atty. Angeles talking about the
movie of John Lloyd and Bea where everyone is
crying). If it is not a legal problem, there is no
legal counseling. HOWEVER, in a case of
common-law partners, who acquired a
condominium, the issue of who owns the condo
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and other properties after the break-up becomes
a legal problem as it now involves property
rights.
given state of facts - Minimum requirement is to
deal with facts. Avoid hypothetical or theoretical
situations.
satisfaction and enforcement of a legal obligation
- we're talking of a legal obligation and not of a
unilateral, voluntary act of a client. What can be
imposed is only the legal obligation, A unilateral
act of kindness of another party cannot be
imposed.
before a judicial or quasi-judicial body - It must
be before a branch of government vested with
jurisdiction to hear and adjudicate non-litiguous
cases with power to enforce its judgments.
Is legal counseling a science or an art? Legal
counseling is both a science and an art.
It is a science because it pertains to the
application of laws, jurisprudence that must be
applied in a given set of facts. You cannot just
pull something out of thin air and create a story
or law.
It is an art because it involves conducting a
human activity. There are some lawyers who are
very good with showing empathy with the clients'
cause while there are lawyers that are very
distant. I wonder how some of you would turn
out to be.
III.
LEGAL ETHICS
Definition: It is a branch of moral science which treats
of the duties which an attorney owes to his client, to
the bar, to the court and to the public.
A. Duties of a Lawyer
1. to the client - Ensure that the client is advised of
the progress of the case. More importantly, you must
be honest, even in your expections of the case ---
Does it have a chance? Do not give your client false
hope.
2. to the bar or fellow lawyers - a lawyer is never a
loner, he is part of a community of lawyers. Hence, if
the Bar Association calls on you for help, if time
permits and if your resources would allow, you extend
your services to the Bar.
3. to the court
4. to the public
Code of Professional Ethics

Canon 7: A lawyer shall at all times uphold the
integrity and dignity of the legal profession and
support the activities of the Integrated Bar.
Rule 7.03: A Lawyer shall not engage in conduct
that adversely reflects on his fitness to practice law,
nor shall he, whether in public or private life, behave
in a scandalous manner to the discredit of the legal
profession.
As officers of the court, lawyers must not only in fact
be of good moral character but must also be seen to
be of good moral character and leading lives in
accordance with the highest moral standards of the
community. More specifically, a member of the Bar
and officer of the court is not only required to refrain
from adulterous relationship or the keeping of
mistresses but must also so behave himself as to
avoid scandalizing the public by creating the belief
that he is flouting those standards. Tolosa v Cargo,
Adm. Case No. 2385, March 8, 1989.
Atty. A: Integrity and dignity of the legal profession is
not only limited to work but involves your personal
life. As lawyers we should be mindful of certain
things, we cannot totally separate our lives from the
public. The legal profession sets a high standard
because we want to be removed from the multitude
because we perceive our profession as a noble calling
and only people who have strong convictions can
really attain that status.
B. When does a lawyer-client relationship
begin?
The moment complainant approached the then
receptive respondent to seek legal advice, a veritable
lawyer-client relationship evolved between the two.
Such relationship imposes upon the lawyer certain
restrictions circumscribed by the ethics of profession.
Among the burdens of the relationship is that which
enjoins the lawyer, respondent in this instance, to
keep inviolable confidential information acquired or
revealed during legal consultations (Hadjula vs.
Madianda).
The moment the complainant approached the
respondent to seek legal advice, the lawyer-client
relationship has already established. Such relationship
imposes upon the lawyers certain restrictions
circumscribed by the ethics of the legal profession to
keep inviolate confidential information acquired or
revealed during the consultations.
The fact that one is (lawyers in a partnership or a law
firm), at the end of the day, not inclined to handle the
client's case is hardly of consequence. Of little
moment is the fact that no formal professional
engagement follows the consultation nor would it
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make any difference that no contract whatsoever was
executed by the parties to memorialize their
relationship.
A lawyer-client relationship is established at the very
first moment complainant asked respondent formal
advice regarding his business.To constitute
professional employment, it is not essential that the
client employed the attorney professionallyon any
previous occasion. It is not necessary that any
retainer by paid, promised, or charged; neither is it
material that the attorney consulted did not afterward
hand the case for which his service had been sought.
(Burge v Magulta)
C. Client's Funds and Property
Rule 16.01: Lawyers shall hold in trust all moneys of
their clients and properties that may not be in their
possession. Office accounting must separate client
funds properly from own funds.
Lawyers who convert the funds entrusted to them are
in gross violation of professional ethics and guilty of
betrayal of public confidence. It may be true that a
lawyer has a lien over the clients' funds but you
cannot unilaterally apply the money given for a
different purpose to pay for your own services.
D. Conflict of Interest
A lawyer conferring with a prospective client shall
ascertain, as soon as practicable, whether or not the
matter would involve a conflict with another client or
his personal interest.
CANON 15 - A LAWYER SHALL OBSERVE
CANDOR, FAIRNESS AND LOYALTY IN ALL HIS
DEALINGS AND TRANSACTIONS WITH HIS
CLIENTS.
Rule 15.01 - A lawyer, in conferring with a
prospective client, shall ascertain as soon as
practicable whether the matter would involve aconflict
with another client or his own interest, and if so, shall
forthwith inform the prospective client.
Rule 15.02: A lawyer shall be bound by the rule on
privilege communication in respect of matters
disclosed to him by a prospective client.
Atty. Angeles:So, this requires us to be transparent
with our clients. If there is a prospective client, you
have to do your own conflicts check. This is very
important because when something arose as a
conflict of interest, you may be sued for malpractice.

Rule 15.03: A lawyer shall not represent conflicting
interests except by written consent of all concerned
given after a full disclosure of the facts.
Atty. Angeles:So, if you have a prospective client that
is too valuable to lose, and you tell your managing
partner about it. What they usually do is to prohibit
access of information of that particular client, and
pinpoint the names of such people who are granted
access. So that when the clients information leaks,
you already have a list of possible suspects for such
leakage.
In the case of Robert West vs Batacan: No
conflicting duties as that is a rule founded on public
policy. In all aspects, you have to avoid appearances
of double duty especially for people who pay us!
Another test of the inconsistency of interests is
whether the acceptance of a new relation will prevent
an attorney from the full discharge of his duty of
undivided fidelity and loyalty to his client or invite
suspicion of unfaithfulness or double-dealing in the
performance thereof, and also whether he will be
called upon in his new relation to use against his first
client any knowledge acquired in the previous
employment. The first part of the rule refers to cases
in which the opposing parties are present clients
either in the same action or in a totally
unrelated case; the second part pertains to those in
which the adverse party against whom the attorney
appears is his former client in a matter which is
related, directly or indirectly, to the present
controversy.
IV.
OPTIONS FOR A LAWYER
A. SOLO PRIVATE PRACTICE
While a solo practice enjoys he advantage of being
his own boss, can regulate the amount of work and is
not accountable to anyone except himself, yet not
being able to establish a name for himself in his initial
practice, oftentimes finds difficulty in attracting good
paying clients. Without a strong recommendation
from a friend or relative who can vouchsafe for the
lawyers dependability and ability to match his skills
with a veteran adversary, or unless the client is a
family friend or a classmate who needs no
introduction, no client will gamble his rights and
interests with an inexperienced lawyer.
B.ASSOCIATE/PARTNER in PRIVATE LAW FIRM
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A private law firm offers better opportunities. This
could be attained by organizing a law firm among
your classmates or by joining into a partnership with
some familiar friend lawyers who are well-to-do and
financially capable of satisfying the overhead
expenses of maintaining a law office. You may
likewise agree with your partners to bring in your old
tables, chairs and typewriters from home to open a
temporary open space, and your old textbooks for a
small library. And for the payment of office rentals,
communications, telephone and secretary services,
you may agree to contribute equal amounts ,or take
sufficient amount from the common fund of the office
earnings.
C.LEGAL OFFICER IN PRIVATE CORPORATION
Joining a corporate law department has its advantage
vis--vis other options. For aside from an offer of
higher salary corporations likewise dole out generous
pecuniary and fringe benefits not usually enjoyed
from a private law firm. But the disadvantage lies in
the fact that once a lawyer has stuck up with a
corporate legal position, he finds it difficult to go into
private law practice later on for fear of losing a higher
paying job.
-CORPORATE POLICY
Every corporate law department adopts a system
by which lawyers work is assigned. As a matter of
practice, it is the general counsel who makes the
assignment or he may delegate this function to an
associate who is an officer of the corporation with
vast experience in law practice. Anyway, the system
in corporate law departments is much the same as in
private general practice. The lawyer builds his own
practice by attracting clients who voluntarily come to
him for advice. The important criterion of his success
as a lawyer is the number of clients who seek him out
and the significance of matters they bring to him. The
corporate policy must be to comply with the law as
the law department construes it and all officers and
other management employees and all of the lawyers
in the law department must know this to be the
case.( Barte citing Omeana, The Business
Lawyer)
-How do you join a corporate law department?
-Referrals; recruitments
-Pluck out of private practice
D. Government Employment

Biggest single employer of lawyers
Ex. If you are a Senator but not a lawyer, out of the
700M pork barrel they will hire the best lawyers. Make
sure you get the best minds who do not copy
speeches which have not yet been delivered before!
You will be guilty of plagiarism.
Salary depends on salary grade, but generally high
assure you of a steady income. But my advice is if
you are looking for a govt position make sure you
have experienced other positions before you go into
govt positions. Make sure its not your 1st job as a
lawyer. Spend 5-10 years. Look at it as a jump off
point to other opportunities.
Government employment covers all branches of the
government Legis, Exec, Jud
Constitutional Commissions
Dept of Justice mother dept of the prosecution
service
All other departments have their respective legal
departments
Provincial and municipal levels of the government
Government-owned and controlled corporation;
Government Financial Institutions
No reason for you to be unemployed.
The Judiciary, which includes the judges from the
MTC all the way to the Supreme Court, the Clerks of
Courts, researchers.
Advantages
Steady income; future GSIS pension
Generally not as stressful as private practice
Room for advancement in the bureaucracy
For couples with young children, wife-lawyer usually
finds government position accommodating to
domestic schedule
o Depends what agency. DFA, DTI high
pressure
Develops expertise that may be useful in private
practice
Disadvantages
Some lawyers are hesitant to get out of their
comfort zone.
Working in the bureaucracy can be frustrating to
idealistic lawyers.
COMMENTS from Bartes book:
Joining the government service for a new lawyer has
its advantages and disadvantages. Of course those
who were already in the service before taking the bar,
simply utilize their profession for further promotion to
higher positions in the offices and agencies in which
they are already in the government before taking the
bar have decided to take up law in order to be
entitled to higher salaries once they become lawyers
who qualify for managerial jobs. The disadvantage
however of joining the government is that once you
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get stuck up to your job with a well-paying salary,
you find it difficult to leave the same employment
which guarantees your future security like being
entitled to a GSIS pension upon retirement. The
better option therefore for those who intend to
pursue a private law practice is to seek government
employment for the purpose of acquiring
specialization and experience in specific fields like
immigration cases, insurance, tax cases, and labor
cases, and after a stint of say, five years, and you feel
adequately prepared already to stand on your own
feet, then it is time to open a private law office.
Non- Government Organizations
-Advocacy Groups
-Charitable Organizations
V.
MAJOR AREAS OF
SPECIALIZATION
A. Transactional/Commercial
Requires the development of knowledge on setting-up
or initiating a business transaction from the beginning
of the process to closure of the transaction.
Example: Client wants to set-up a family corporation,
the lawyer needs to know the sharing of stocks
amongst the family members if so desired by the
client, the paperwork and government agencies
involved, as well as the tax aspect of business, etc.
Example client is opening a foreign exchange store;
need to know BSP rules
Example client has several buildings rented out;
lawyers is retainer for this business; a lawyer needs
to know rental law, law on eviction, etc
Example client has a fleet of PUJs; lawyer needs to
know rules on franchising
This includes:
o Land transaction e.g. buy & sell,
mortgages
o Estates, succession
o Franchising
o Communications
o Agrarian
B. Litigation
Lawyer who takes up court litigation as a
specialization must know the rules of procedure
and evidence by heart.
Problem of backlog and court cases also spring
from the fact that many practitioners are not
prepared to be litigators.
 Legal Counseling
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Litigation also encompasses modes of alternative file, even if its just for reviewing, you have to have a
dispute resolution. record for what you did for the file. E.g. 1. Read
research material for franchising (Time spent: 1
VI. hour). 2. Drafted opinion letter (Time spent: 30
GENERAL PRACTICE minutes). So that at the end of the month, you can
present to your client what you have done and he
A mix of both litigation and transactional areas of easily sees a chronology of the events. The timeline
law practice in small cities, towns and rural areas
also works as a review for the lawyer himself. You
have to track your work. This includes every pleading,
VII.
communication or conversation done like text
OPENING A LAW OFFICE message or long distance calls, research, etc.

A. Location 2. Accounting Files must contain

Preferable to be in a busy district
Office accounting for
Near government offices like the Hall of Justice,
clients/bookkeeping; salaries of
ROD, BIR, City Hall
staff; accounts receivables and
Accessible to public transportation
payables; overhead expenses
Sufficient client parking
and government fees.
NOTE: It must be separate
B. One-man Law Office
from accounts folder
Draw a floor plan
Physical set-up decent reception area, office for
lawyer, conference room for interviewing clients
in confidence, space for staff, office equipment, Atty. Angeles: This is important as the law office is a
pantry, supply. business. Everything must be recorded so as you
Shelf with law books and other references- would know if this office made money at the end of
conveys diligence the year. When it comes to money, you must be on
Office must be clean and organized. It must top of it. Regardless of the nature of your office, you
must have a viable accounting system.
convey an image of professionalism
Staff must be polite and language used must be
3. Administrative Files must contain
appropriate
Personnel must sign
Staff must be accommodating
confidentiality agreement
Appropriate furniture
Membership in professional
Charting an ideal law office (see: Barte, pg. 17-
organizations
18)
Publications (articles written
and published) - Good way to
C. Filing System
putting your name out. If you
Lawyer will design the filing system for his easy
are a constitutionalist, you can
access
write an academic article, have
Major Categories of Files
it published.
1. Client Files must contain
Marketing (sponsorships)
Folders for client must contain:
Information Technology
contact details; general
correspondence; billing sent
D. Calendar System
out to client
A calendar system must be set up in the office
If litigation is filed, there must
where scheduled appearances in court or
be a folder for pleadings.
meetings should be monitored by all
color coding of folders (white
It could be done electronically
for general correspondence;
Deadline for pleadings must also be monitored.
red for billing).
The following weeks schedule should be
finalized, if possible, Friday of the previous week.
Atty. Angeles: For every client, buy a big brown
A copy of the schedule should be given to the
envelope. For that client envelope, you must have
lawyers.
several folders a folder for information, another for
research, and a separate one for accounting. This is E. Software for Law Practitioners
very important as this can be the basis for billing Supreme Court Decisions
especially for small offices. Every time you work for a Word Processing

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Billing Accounting
Office Networking
Avail of software application for efficiency
VIII.
PROPOSED ORGANIZATIONAL
STRUCTURE OF A START-UP
LAW FIRM/OFFICE
IX.
BILLING THE CLIENT
Client must feel that he is not overcharged.
Determine how valuable the matter is for your
client.
Client must feel he gets the value for his
money. Dont just send you owe me this much.
List down the expenses. Log. Keep a record of
telephone calls. Client inquired, response was
this. 2 days after that, text message or email in
the middle of the night. You have to be
compensated for absorbing his anger.
Compensation for the bothering.
Atty. Angeles: When your client is crying that is the
time you charge him. When the client is desperate,
charge him and he will accept the agreement.
Pagnangangailangan, yes ng yes. Because if he has
already gotten what he wanted, goodbye atty.
A. Two Concepts of Attorneys Fees
1. Ordinary Concept
Reasonable compensation paid to a
lawyer by his client for legal services
rendered to the latter.
As long as lawyer in good faith and
serving in the interest of client,
heshould have reasonable compensation
for such services.
Not in writing or express but when you
are already giving advice there is a
presumption that you ought to be
compensated for your advice.
2. Extraordinary Concept
Attorneys fee is an indemnity for
damages ordered by the court to be
paid by the losing party in litigation.
Basis: 2208 of the Civil Code
Payable to prevailing party, not to the
lawyer, unless the client has agreed that
award shall pertain to the lawyer as
additional compensation or part thereof.
B. Two Kinds of Retainers Fees
Operational Retainer (Retaining Fee)
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Fee paid to a lawyer to secure his futures
services as general counsel for any ordinary
legal problem that may arise in the ordinary
business of the client and referred to him for
legal action; this fee is paid whether or not a
case is referred to a lawyer; a compensation
for lost opportunities in that lawyer is not
allowed to render services to opposing party
or other parties.
Special Retainers Fee
Fee for a specific case handled for
special services rendered by lawyers to
clients.
Where there is no mention of a special
retainers fee, the measure of
compensation isquantum meruit.
How do you compute for the quantum meruit?
The measure of compensation for private
respondents services as against his client should
properly be addressed by the rule of quantum meruit
long adopted in this jurisdiction. Quantum Meruit,
meaning as much as he deserves. This is used as
the basis for determining the lawyers professional fee
in the absence of a contract, but recoverable by him
from his client. Sesbereno vs. CA, 245 SCRA 30:
The Supreme Court held that"A retaining fee is a
preliminary fee given to an attorney or counsel to
insure and secure his future services, and induce him
to act for the client. It is intended to remunerate
counsel for being deprived, by being retained by one
party, of the opportunity of rendering services to the
other and of receiving pay from him, and the
payment of such fee, in the absence of an express
understanding to the contrary, is neither made nor
received in payment of the services contemplated; its
payment has no relation to the obligation of the client
to pay his attorney for the services for which he has
retained him to perform." TRADERS ROYAL BANK
EMPLOYEES UNION INDEPENDENT VS NLRC
and Emmanuel CruzGR 120592, March 14,
1997
Where there is no mention of a special retainer fee in
the retainers contract, it cannot be presumed that
lawyer waived his right to entitlement of
compensation for services actually rendered in a
case in the absence of proof to the contrary.
The basis for the compensation would be quasi
contract. As embodied in our law, certain lawful,
voluntary and unilateral acts give rise to the juridical
relation of qua-contract to the end that no one shall
be unjustly enriched or benefited at the expense of

another. (Articles 1157 and 2142, Civil
Code)(Traders Royal Bank, supra.)
C. Guidelines in Ascertaining the Real Worth of
a Lawyers Services
1. Rule 20.01, Canon 20, Code of Professional
Responsibility - A lawyer shall be guided by the
following factors in determining his fees:
a) The time spent and the extent of the services
rendered or required;
b) The novelty and difficulty of the questions
involved;
c) The importance of the subject matter;
d) The skill demanded;
e) The probability of losing other employment as
a result of acceptance of the proffered case;
f) The customary charges for similar services and
the schedule of fees of the IBP chapter to which
he belongs;
g) The amount involved in the controversy and
the benefits resulting to the client form the
service;
h) The contingency or certainty of compensation;
i) The character of the employment, whether
occasional or established; and
j) The professional standing of the lawyer.
2. Contract of Employment
Highly recommended although not
required
Case of Traders Royal Bank
Maybe express or implied, verbal or
written.Anything not in writing can easily be
denied, so it is recommended to put it in
writing.
If lawyer discharged without cause,
entitled to full compensation.
If lawyer discharged with cause, not
entitled to compensation either on the
written contract or on quantum meruit.
(e.g. negligence on the part of the
lawyer, or it was mishandled).
Rule above applies when lawyer
abandons the case or withdraws
without justifiable cause before its
termination, unless with consent of
client.
3. Contingent Fee Contract
As long as the contract is not tainted with
fraud, undue influence, malice or
suppression of facts on the part of the
lawyer, terms of the contract shall be
implemented against the portion of the
clients property subject of the contract, not
only if the suit or litigation ends favorably to
the client.
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If case is lost, no payment of fee.
If whats agreed upon is unconscionable,
court may step in to make it reasonable.
Atty.Angeles: There was one case class. It was
proven that while the case was going on, the partners
of the firm went into the spa for a facial, a massage,
pedicure, and manicure, and even beauty products!
They had a lot of visits and these were listed and
accounted for by their client, which was a SPA clinic.
So the client said that we already paid you in the
form of services that we gave you. The firm insists,
on the other hand, that the agreement was for
20Million pesos. The court ruled that the firm cannot
collect anymore. The fee was unconscionable, and
there was already a payment through the services
given, and the products taken from such clinic.
4. Other Factors
Business-like approach in fixing and payment
of fees
Other unexpected incidents
Transportation and representation expenses
Appearance fees
Expenses to be incurred in perfecting an
appeal
X.
BUSINESS
DEVELOPMENT/MARKETING
FOR LAW PRACTITIONERS
Getting your name out there.
Big law offices have rainmakers, the rest of
lawyers do not develop their books of business.
Aim for sustainability of practice
o To achieve success in their legal careers
o To promote growth in their law offices
A. Strategies Marketing is a Contact Sport
Pursue profile and confidence building activities;
e.g. speaking engagements, publishing articles
Establish targets identify types of work and
clients
Identify 3-4 business activities in a year
o Something lawyers like and does
naturally
o Get active in trade organizations
Support execution
Check results vis--vis your financial plan so that
success can be measured
B. Important Considerations
Know what your clients value
Know your goals short term and long term
Know your resources
C. Following 4Ps of Marketing
 Legal Counseling
Basedon the Lectures of Atty. Angeles
III-Manresa 2014-15

1. Product D. Train personnel or support staff for

Identify the need then provide a service that
addresses that need uniquely.
Dont be a me too law firm; create a
quality product or service.
2. Place
A question of access, physical access; also
consider the internet.
3. Price
This is the entity point; allow your clients to
see if they can continue a relationship with
your office.
4. Promotion
Within the bounds allowed by rules
(advertising your name on magazines,
referrals, etc.)
D. Things to remember:
Never take more clients than you can handle with
loving care.
Keep your friends close and your enemies closer,
you will never know where that referral would
come from.
Keep in mind to keep the clients perspective
foremost is both delivering and marketing your
legal services.
XI.
KEEPING CLIENTS
A.Protect and nurture the relationship
Client is boss
Define the relationship from the start; things
you will do; make sure is satisfied with the
agreement; misunderstandings must be
clarified right away.
B. Personal demeanor and behavior of lawyers
towards the client
Doing good job is not enough.
Friendliness; promptness (no
procrastination); courtesy; respect for
clients; business-like attitude; keeping clients
informed or updated.
Availability at all times e.g. telephone calls,
e-mails, text messages
C. You must keep your clients informed on what
Update of case or matter subject of
retainership
Prompt response to inquiries (re: billing;
status of case)
Opening alternative or options to client for
speedy disposition of cases
Bringing client abreast with developments in
area of concern
Transparency in billing
professionalism; must understand pressure of legal
work and confidential nature or work.
XII.
WORK TASKS
A. WORK TASK - The Interview
Initial client interview
o to obtain information about the legal
problem of the client
o information gathered to be used to
evaluate the courses of action open to
the client and to decide whether to
agree or not.
First interview is akin to a first date; getting to
know each other
Lawyers agenda from the lawyers point of
view
o Determine if lawyer of firm would be
interested to take matter
o Determine if client is someone lawyer or
firm would like to take on
o Communication to client suitability of
lawyer, qualifications and availability of
lawyer
o Generally outlining the scope of the
propose representation
o Communicating to client anticipated
steps ahead, including matters which
cannot be known at this time
Checklist when interviewing prospective client
o Why client chose you?
o Has client seen other lawyers? Why
didnt the other lawyer take the case?
o Is client a shopper?
o Is client under influence of relative, co-
worker, etc.?
o How much is the matter affecting client?
o Listen to what your client says.
B. WORK TASK Advice
Giving recommendations as to courses of action
to follow including reasons and data supporting
these courses of action.
Based on lawyers conception and learning of
relevant substantive law and doctrine applicable
on particular facts and subject involved.
Considerations:
o Anticipate reactions of courts and other
quasi-administrative agencies or bodies
o Probative value of evidence
1. Alternative Courses of Action
Indicate his preferences as to which cause of
action should be followed by client;
Convince client as to why he should adopt a
course of action;

9|Bing Datu

Avoid showing any preference; merely pose
available alternatives in neutral terms.
2. Sidelights of advisory
Mastery of legal doctrines and
substantive/procedural laws.
3. Non-legal Advice
For example, widows, spouses with marital
difficulties or small business owners with financial
difficulties.
4. Role Conflict in Giving Advice
Lawyers may run into role conflict when giving
advice brought about by circumstances in the
relationship with client. For example, when client
does not want to be criticized or when a client
may just want reassurance from lawyer of his
ideas, etc.
5. Lawyers ultimate word
Clients role must be defined clearly
Lawyer to stand by client but only to such extent
as will not compromise his ethics.
C. WORK TASK- NEGOTIATION & o The simpler the language, the better.
CONCILIATION
Essential factors in negotiation
1. Proposal to the other side
2. Counter proposal
3. Reconsideration
4. Compromise
5. Advice to clients
6. Clients instruction to counsel
Parties to negotiation normally, it is one-on-one
Mechanics of Negotiation
Lawyer may come in anytime in the process
if some clients want their lawyers to be part
of the team from the beginning. Some
clients just sent their lawyers to negotiate.
Lawyer must be armed with a SPA when
negotiating; relationship is similar to agent
and principal in a contract of agency
NOTE: Compromise agreement without a SPA
from the client renders the judgment based on
the contract NULL and VOID.
General power does not include Special Power
Special authorities needed when the law is
not included in the general power granted to
a lawyer under his contract of employment
with client.
However, acts entered into by lawyer
without the SPA are not, ipso facto, NULL
and VOID; it can be ratified.
10 | B i n g D a t u
Legal Counseling
Basedon the Lectures of Atty. Angeles
III-Manresa 2014-15
Effective Negotiation Techniques
1. Speeding up litigation process
2. Concealment of facts
3. Shifting negotiation techniques
D. WORK TASK DRAFTING
It is the writing and revision of written
instruments; includes complete preparation of
instrument, its review and revision by others.
Lawyer may be tasked to draft original document
tailored to a single transaction, or standard forms
applicable to several transactions.
Examples cited by Barte
1. Contracts and Deeds
2. Sales
3. Lease
4. Mortgage
5. Wills
E. WORK TASK Clarity and Precision Writing
Gifted document writer is not required
o Document should have essential
requisites and formalities required by
law.
Keep sample documents on file
KEY is NEGOTIATION; parties determine which
clauses to be added, modified
F. WORK TASK Litigation
Not limited to court litigation
Difference between negotiation and litigation:
o In litigation, a third-party decides the
issues; in negotiation, the party seeks to
resolve the issues by mutual agreement
among themselves.
G. WORK TASK Financing
Lawyer invited by a client to be involved in
business venture as principal himself
Most business relationship between client and
lawyer reap enormous benefits sometimes as
contingent fees when the transaction pushes
through.
Arrangement acceptable so long as there is no
violation of lawyers oath nor anything unethical
with huge fees; no shady deeds
H. WORK TASK Property Management
Property management for clients includes:
1. Leasing
2. Eviction
3. Contract for repairs
4. Rent collection
5. Arranging for maintenance services and
insurance
6. Payments of taxes and other expenses
7. Acting as executors and trustees

- Compliance Officer
- position is needed in companies
competing in heavily regulated industries
- he is expected to the regulations that
must be complied with
Compliance Officer - functions as a liaison
between a regulatory body and the company
itself. He must conduct a routine inspection of
the company practices and determine WON they
are in compliance with the standards or
requirement of the law, statutes or ordinances.
Acting as executor or trustee
Specialization
1. Tasks performed
2. Goods/services produced
3. The person the lawyer works for
4. The place where the lawyer works
SKILLS THAT A LAWYER MUST HAVE!
1. Collaboration Skills
A lawyer must know how to collaborate in a
multi-party environment
A lawyer must know how to trust the wisdom of
the group.
One must not be an isolationist.
The whole surpasses the sum of parts
2. Emotional Intelligence
Clients need empathy, perspective, and personal
connections
Colleagues need our engagement, respect and
understanding
3. Financial Literacy
A lawyer must have a working knowledge and an
understanding, not necessarily an expert, of the
financial world.
4. Project Management
This involves time-management
Lawyer must know how to estimate time and
budget costs and not to rely heavily on 'it-
depends' cost. In other words, a lawyer must
know how to quantify their time and other costs
so as not to give their clients a vague estimate or
projection of the costs.
5. Technological Affinity
Lawyers must effectively use e-mail, internet,
mobile, RSS, etc.
6. Time Management
XIII.
11 | B i n g D a t u
Legal Counseling
Basedon the Lectures of Atty. Angeles
III-Manresa 2014-15
ADVOCACY: CASE
MANAGEMENT AND
PREPARATION
A. Theory of the Case
1. Definition: Line of reasoning of either party to a
suit which brings together certain facts of the
case in a logical sequence so as to produce a
result that will assure that the party gets a
favorable.
2. Analysis and Development of Theory
Proceed to research pertinent statutes, legal
provision of substantive and procedural law,
decisions of the SC applicable to the given
set of facts.
Start formulating theory of the case.
Final product should be cohesive, logical
view of the merits of the case that is
consistent with common everyday
experience, which builds on your strengths
and finds ways to compensate for your
weakness.
3. Elements of a good case theory
a) Factual Narrative - what happened before,
during, and after must be rich but not too
creative. It must be consistent with your
clients story, can be supported by
admissible evidence
b) Identify key facts not all facts are of key
importance, theory must identify key facts
that will lead to your conclusion.
c) Motives must cite plausible motives to
actors and witnesses; must be supported by
admissible evidence
d) Law
e) Emotions- takes into account emotional
issues and weaknesses and develops
strategies
f) Opponents case remember the other side
also has a lawyer; in trial you have to play
defense as well as offense; attack on the
other sides weaknesses; no sense of
attacking the other sides strengths
g) Short summary- Few sentences to wrap up
your arguments; who did it, what happened,
what was the result, what are the legal and
moral reasons this requires a verdict in your
favor
Effects toward Amicable Settlement
Any time before a case is filed and during the
course of the court proceeding, consider
alternative dispute resolutions with the end in

view of setting the matter amicably between
parties- exhaustion of administrative remedies,
counselling, etc.
XIV.
CASE PRESENTATION
How do you prepare for a case?
1. Interview with the Client.
a. Set the terms straight!
Lawyer-client relationship must be established
Appearance fees must be agreed upon and terms
of payment
Client cannot dismiss his lawyer whimsically,
especially if the case is already in court. A
withdrawal of council must first be filed and
approved.
b. Determine the facts.
Interviewing a client is a continuous process. All
the facts are not expected to be out in the first
interview.
Client is supposed to be telling you the naked
truth. Hence, you have to make your client at
ease and without malice to enable to get the
client's utmost interest.
c. Interview must be in a language known or familiar
to the client.
d. Reduce to writing the interview and narration of
the witnesses.
e. Interview all witnesses and classify each according
to importance and probative value.
f. Ocular Inspection
2. Preparing a pre-trial or trial brief
- for effective and systematic presentation of
evidence
- prevents cramming or disorganized presentation
of evidence
Suggested format of a pre-trial brief
1. Nature of the case- Brief statement of the
cause of the action
2. Issues of law- brief citation of laws and
jurisprudence
3. Willingness to compromise
4. Willing to submit to ADR
5. Admission of facts and genuineness of the
execution of documents
6. Identification of facts remaining and
exclusively for trial
7. Reference of factual issues to a notes, where testimonial or documentary
commissioner
12 | B i n g D a t u
Legal Counseling
Basedon the Lectures of Atty. Angeles
III-Manresa 2014-15
8. Names of witnesses and substance of their
intended testimony
List of documents or object evidence and their
intended purpose; if these were not identified in
the pre-trial, then they shall not be admissible
during the trial except if allowed by the court for
good cause shown. (source: lifted from the
article of Atty. Cesar Tirol)
3. Preparing an appellate brief
Guidelines in the preparation of an appellants
and appellees brief found in Section 13 and 14,
Rule 44, Rules of Court.
Content Structure as required by law for
appellants brief:
1. Subject Index
2. Assignment Of Errors
3. Statement Of Cause
4. Statement Of Facts
5. Statement Of Issues Of Facts And Law
6. Arguments
7. Relief
8. Where case not brought up by record on
appeal, the appellants brief shall
contain, as an appendix, a copy of the
judgment.
4. Preparing an appellees brief
Content structure for an appellees brief:
1. Subject Index
2. Statement of Facts where appellee shall
state the facts in the other partys brief,
or under the heading Counter
Statement of Facts, party shall point out
such inaccuracies as he believes exist
with reference to the pages of the
record in support thereof (no repetition
of matters)
3. Argument where appellee will set forth
each assignment of error with reference
to the record.
5. Things to remember when preparing an
appellate brief:
a) Court does not know your case. Hence, case
must be presented as simply as possible of
the issues involved, in a concise manner,
using appropriate language.
b) Brief should lessen the burden of the
appellate court in the examination and not
make the task of review difficult.
c) Every argument must be supported by
citation of authorities indicating page or
page of the record where such authorities
are cited and transcript of stenographic
evidence can be found.