Legal Counseling a court judgment, or as a condition precedent to
209 of RPC
Introduction
A. Definition of Terms
1. 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.
2. Legal Counseling – is the (1) art of giving advice
and information concerning the solution of a
legal problem (2) arising from a given state of
facts and (3) adoption of appropriate relief or
remedies under the law for the satisfaction and
enforcement of a legal obligation (4) before a
judicial or quasi-judicial body.
3. Court of Justice – (1) is a judicial body or tribunal
created by law (2) vested with jurisdiction or
power to hear and adjudicate litigious conflicts
and (3) to award proper reliefs and render
judgments based upon the evidence presented.
4. Quasi-judicial body – is an (1) administrative
body or agency belonging to the executive
branch of the government (2) vested with
jurisdiction to hear and adjudicate non-litigous
cases brought before it by disputing parties and
(4) empowered to enforce its judgments and
orders like a court of law and to punish for
contempt
5. Administrative Body or Agency – is an (1)
instrumentality of the executive branch of the
government (2) vested by law with jurisdiction to
settle and adjudicate controversies (3) arising
from the interpretation, application and
enforcement of the law or administrative rule or
regulation.
6. Arbitration – is (1) the process of the
extrajudicial settlement of controversies in the
administrative level before an arbitrator (2) thru
the voluntary will of the parties (3) arising from
the violation of law, administrative rule or
regulation
7. Conciliation – is the extrajudicial process of
settling disputes thru the voluntary submission
of the parties before the Barangay Lupon or
other administrative body, usually arriving at a
compromise agreement which serves as basis of
f. Art.
vest jurisdiction to a court of law.
8. 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 a court
judgment
9. Law Practice – is the act of performing any
activity pertaining to a bonafide member of the
bar which is carried out on a habitual or
continuous process and translated into action by
means of (a) giving legal advice, (b) drafting of
documents or (c) appearance in court or other
administrative or quasi-judicial body involving
the use of faculty and intelligence of one skilled
in law who is entitled to a legal fee.
B. Importance of Legal Counseling
 The need for the services of a lawyer who is
trained to assist people confronted with legal
problems becomes a necessity rather than a
mere desire.
C. Importance of Lawyers in Society
 A community cannot long endure without order
and that order cannot be attained without laws
to govern the conduct of individuals. But the
laws can be interpreted only by judges must first
be lawyers.
 Thus, ultimately, a government of laws is in
effect a government of lawyers.
D. Legal Ethics Essential Component of Law
Practice
Legal Ethics is defined as that branch of moral science
which treats of the duties which as attorney-at-law owes
to his client, to the court, to the bar, and to the public.
Sources of Legal Ethics
a. Constitution
b. Rules of Court
c. Decisions of the SC and the CA
d. Decisions of the U.S. SC
e. Art. 1491 of the CC
g. Art. 2208 of the CC
E. What is Considered Practice of Law
Law practice is more than an isolated appearance, for it
consists of frequent or customary actions, a succession of
acts of same kind.
People v. Villanueva. One is said to be engaged in the
practice of law if he is customarily or habitually holding
himself out to the public as a lawyer, and demanding
payment for such services.
The appearance of counsel on one occasion is not
conclusively determinative or engagement in the practice
of law. Preparing documents and rendering legal services
are within the term practice of law.
Howton v. Morrow. However, the occasional drafting of
simple deeds and other legal instruments when not
conducted as an occupation has been held not to
constitute the practice of law.
The practice of law is not limited to the conduct of cases in
court. IT includes the preparation of pleadings and other
papers incident to actions and special proceedings, the
drawing of deeds and other instruments of conveyancing.
F. What is not Considered Practice of Law?
 The gratuitous furnishing of legal aid to the poor
and unfortunates who are in pursuit of any civil
remedy, as a matter of charity, does not
constitute practice of law.
 The mere search for records of realty to
ascertain what they may disclose without giving
any opinion or advice as to the legal effects of
what may be found
 Work which involves only the clerical labor of
filling in the blanks on stereotyped form or a
mere mechanical act of copying from a file copy
or finished document which involves no legal
thing, is not considered legal practice.
Importance of Knowing what Practice of Law is
 Determination of client-attorney relationship
  Basis for filing an action for usurpation of official
functions against one, who not being a member
of the bar duly licensed to practice law by the SC,
represents himself as a lawyer to the public and
performs acts pertaining to a lawyer by means of
deception to the prejudice of the bar and the
public.
G. Professional Responsibility
(1) When Not to Accept a Case
 Don’t take a case unless you believe in it
 A case on the ground solely that it has “nuisance
value” for purposes of settlement
 However, if a lawyer is a lawyer de officio in a
criminal proceediong, the right to refuse an
employment that is allowable in a civil case
cannot apply, because an officer of the court a
lawyer cannot disobey a lawful order of the
court, much less refuse to defend a defenseless
defendant on pains of being punished for
contempt of court
(2) Scope of Lawyer’s Advice and Control
 WON a lawyer should advise his client to submit
to arbitration or compromise agreement, will all
depend on the lawyer’s honest and sound
judgment subject to the client’s final word
 A lawyer has control ONLY with respect to the
procedural aspect of the case.
H. Extent of Lawyer’s Authority
Dick v. U.S. Lawyers can make admissions of fact but not
of law.
Talens v. Chuakay. Admissions in pleadings though made
by the attorney without the knowledge of the party, can
nevertheless be used as evidence against him, and cannot
be heard to deny that they were authorized
The lawyer has implied authority to enter or take
dismissal, discontinuance or non-suit, which does not bar
the bringing of another suit on the same cause of action.
Issac v. Mendoza. Parties-litigants are bound by the
mistakes committed by their lawyers in matters of
procedure.
Thus, mistakes by a lawyer as to the competency of a
witness, or the sufficiency, or whether a certain evidence
is relevant or not, or whether the defense he had chosen is
proper or not, in the introduction of certain evidence or
witnesses, or in argumentation, of what pleading to file in
court or what theory should be adopted, are all mistakes
of procedure and they bind the client, except for honest
mistakes.
Bosque vs. Lanzaderas. These mistakes cannot be utilized
as grounds for new trial unless it is shown that the
incompetency of counsel is so serious that his client is
prejudiced and was prevented from fairly presenting his
case.
Isaac v. Mendoza. This is of course is without prejudice on
the part of the client to proceed against the lawyer in
damages or administratively on the ground of misconduct.
Chapter I
A. Prefatory Statement
Options that lawyers may pursue in order to start a law
practice:
a. Solo private practice
b. Assistant or associate or partner in a private law
firm
c. Legal officer in corporate law department
d. Government employment
B. Opening a Law Office
(1) Pointers on Opening a Law Office
 It should be located within busy districts to make
it more accessible to prospective clients
(preferably near government offices and court
houses)
 Accessible to transportation and parking space
(2) One Man Law Office
(3) Charting an Ideal Law Office
(4) What Should a Filing System Include
1. Client files – these consists of records of
pleadings and other court records, documents,
court orders and decisions, which comprise the
bulk of the cases of the different clients who
have hired the services of your law office.
2. Collection files – files that determine the income
of the lawyer
3. Personal files – files relating to personal
activities of the lawyer.
4. General correspondences – refer to all records
or correspondences of the law office with other
persons or entities dealing with the office,
personnel equipment, charities, etc. not
involving clients
(5) Tips on Billing Clients
1. Nature of the case involved;
2. The difficulty and intricacy of the legal issues as
compared to simpler cases;
3. The time and effort to be invested from the
drafting of the pleadings to the commencement
of the litigation in court, the projected and
number of court appearance up to its
termination in the trial court;
4. Other unexpected incidents like filing and
arguing a motion, the estimated time and effort
to be spent for argumentation;
5. In case of appeal, the expenses to be incurred in
perfecting an appeal, preparation of appeal
briefs, and additional amount of attorney’s fees
for the purpose of appeal
C. Pointers in Dealing with the Client
D. Fixing of Attorney’s Fees
Retainership agreement – marks the birth of attorney
client relationship
Guidelines in fixing the amount of attorney’s fees:
1. The value of the litigation involved
2. The professional standing of the lawyer in the
community; and
3. The difficulty of the issues involved
The amount of attorney’s fees on a contingent basis, may 8. Paper the worlds 1. Anticipated reactions of courts and other
depend upon the agreement of the parties provided that it 9. Do not procrastinate administrative agencies or official or quasi-
is not champertous or confiscatory in nature. 10. Send out n evaluation sheet judicial bodies;
F. How to Obtain Clients 2. Probative value of evidence
Neither should the amount be unconscionable, otherwise 3. Desires and resources of clients and other
the courts could order its reduction to make it reasonable (1) Clients Come Before Reputation affected parties; and
based on the standard of quantum meruit. (2) Begin With Yourself 4. Alternative courses of action
(3) Go On With People Who Know You
In re: Gonzales. But an agreement which requires the (4) Joining a Society or Service Organization (1) Alternative Courses of Action
client to assign a portion of his property subject matter of (5) Assignment by a Court or Judge
the litigation in favor of his lawyer as contingent fee during (6) Donating your Time for Speaking Engagements 1. Indicate his preference as to which course of
the pendency of said litigation is considered a violation of (7) Keeping your Name Before the Public action should be followed by the client
Art. 1491 of the CC, and constitutes an act of malpractice. (8) How to Hold Clients 2. Proceed to argue persuasively as to why the
(9) What Lawyers Think Clients Should Expect client should adopt this course of action; or
Arce v. PNB. Lawyers should be allowed to have and 3. He may try to avoid showing any preference at
recover from their clients a reasonable compensation for 1. Prompt and thorough communication to keep all on which course should be taken, merely
their services the client fully informed on the progress of his posing available alternatives in as neutral terms
legal matters. as possible
Orwing v. Chicago. Unless it is shown that there is a 2. Prompt handling of client’s work
contract of employment or his employment as counsel has 3. Honest and straightforward delaing with the (2) Sidelights of Advisory Job
been authorized, a lawyer cannot recover compensation client, including a careful evaluation of the case, (3) Non-Legal Advice
no matter how valuable the results of his services may a full explanation of the particular problems and (4) Role Conflict in Giving Advice
have been. procedures involved, and a frank and early (5) Lawyer’s Ultimate Word
discussion of fees
In re: Badger. Under R.A. 636, if the contract between the 4. A courteous and sympathetic attitude toward B. Negotiation and Conciliation
attorney and the client is in writing, and the attorney was the client, evidencing a personal and sincere
discharged without justifiable cause, he shall be entitled to interest in the client’s problem (1) Essential Factors in Negotiation
recover from the client full compensation stipulated in the 5. Competence and diligence in handling client’s
contract. affairs Negotiation – the dealing with another in an effort to
reach an accord between the client and this person
But where the lawyer withdraws with justifiable causes he (10) Your Approach to your Client
may recover attorney’s fees on a quantum meruit. (11) What to Tell your Client Elements of negotiation:
Discharge of a lawyer for justifiable cause will not entitle (12) How to Keep Your Clients Happy
him to fees either on a contract or quantum meruit. (13) Avoid Unnecessary Delays 1. Proposals to the other side
(14) Bother your Client 2. Counter-proposals
E. How To Sustain a Law Practice (15) Be there when the Client Wants You 3. Reconsiderations
(16) Look as Effective as your Are 4. Compromise
(1) Some Tips on Specialization (17) Don’t Lose Your Client After You Win His Case 5. Advice to clients
(2) How to Satisfy a Client (18) Changing from Solo to Partnership Practice 6. Client instructions to counsel
(3) Code of Conduct for Successful Lawyers (19) When You Change
(4) Make Client Happy and Comfortable (2) Parties to Litigation
Chapter II: Work Tasks of Lawyers (3) Mechanics of Negotiation
1. Remember whom you are looking for
2. Define the relationship A. Advice Art. 1878. Special powers of attorney are necessary in the
3. Keep in touch following cases:
4. Keep at least two docketing systems Considerations
5. Accept phone calls (1) To make such payments as are not usually
6. Promptly return your phone calls considered as acts of administration;
7. Spend time with your staff
 (2) To effect novations which put an end to transaction or deed void, but only voidable until ratified by Litigation Negotiation
obligations already in existence at the time the the client. A third party decides issues Parties with conflicting
agency was constituted; involving others interests seek to resolve or
(3) To compromise, to submit questions to (b) Most Common Subject of Negotiation accommodate to them by
arbitration, to renounce the right to appeal from mutual agreement among
a judgment, to waive objections to the venue of a. Closings themselves
an action or to abandon a prescription already b. Coverage of title
acquired; c. Insurance policies (2) How to Proceed Effectively in Uncontested
(4) To waive any obligation gratuitously; d. Eminent domain awards Annulment Suits
(5) To enter into any contract by which the e. Conflicts between real estate brokers over sales (3) Recommended Short-Cuts in Non-Contested
ownership of an immovable is transmitted or commission Suits
acquired either gratuitously or for a valuable f. Mortgages
consideration; g. Real estate tax adjustments E. Financing
(6) To make gifts, except customary ones for charity h. Lease terminations F. Property Management
or those made to employees in the business i. Tenant relocations and settlement of litigations
managed by the agent; 1. Leasing
(7) To loan or borrow money, unless the latter act (c) Effective negotiation techniques 2. Eviction
be urgent and indispensable for the preservation 3. Contract for repairs
of the things which are under administration; (1) Speeding up litigation process 4. Rent collection
(8) To lease any real property to another person for (2) Concealment of facts 5. Arranging for maintenance services and
more than one year; (3) Shifting negotiation technique insurance
(9) To bind the principal to render some service 6. Payment of taxes and other expenses
without compensation; C. Drafting 7. Acting as executors or trustees
(10) To bind the principal in a contract of partnership;
(11) To obligate the principal as a guarantor or Typical legal instruments creating legal rights and non- 1. Leasing
surety; legal documents: 2. Rent Collection
(12) To create or convey real rights over immovable 3. Eviction
property; 1. Usual contracts and deeds
(13) To accept or repudiate an inheritance; 2. Sales G. Acting as Executor or Trustee
(14) To ratify or recognize obligations contracted 3. Leases H. Specialization
before the agency; 4. Mortgages
(15) Any other act of strict dominion. (n) 5. Wills
6. Partnership agreement
Art. 1879. A special power to sell excludes the power to 7. Articles of incorporation
mortgage; and a special power to mortgage does not 8. Pleadings, compromise agreement
include the power to sell. (n) 9. Decisions and resolutions
10. Press releases
Art. 1880. A special power to compromise does not 11. Letters
authorize submission to arbitration. (1713a) 12. Staff memoranda
13. Advertisement
(a) General power does not include special power
(1) Clarity and Precision Writing
The special authority in Art. 1878 is not included in the (2) Gifted Document Drafter Not Required
general authority of a lawyer to bind his client within the
scope of his contract of employment. D. Litigation

Neverthless, the performance of these acts without the (1) Essential Difference Between Negotiation and
consent of the client does not ipso facto render the Litigation