(Chapter 9) Written Agreement: Best Guarantee For Attorney's Fees Before A Lawyer Commences Legal er!ice Rule 16.

03 A lawyer shall deliver the funds and property of his client when due or upon demand. However, he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same e tent on all !udgements and e ecutions he has secured for his client as provided for in the Rules of "ourt.

An acceptance fee is not a contingent fee, but is an absolute fee arrangement which entitles a lawyer to get paid for his efforts regardless of the outcome of the litigation. #hat complainant was dissatisfied with the outcome of the four cases does not render void the above retainer agreement for respondent appears to have represented the interest of complainant. $itigants need to be reminded that lawyers are not demi%gods or &magicians& who can always win their cases for their clients no matter the utter lac' of merit of the same or how passionate the litigants may feel about their cause. ( Jayne Y. Yu VS..Renato Lazaro Bondal, A.C. No. 5534 January 17, 2005) (Chapter "#) $ractice of Law Beyon% $hilippine &uris%iction *eneral Agreement on #ariffs and #rade *A## was a collection of treaties governing access to the economies of treaty adherents with no institutionali+ed body administering the agreements or dependable system of dispute settlement. #he ,hilippines !oined -#. as a founding member with the goal of improving /,hilippine access to foreign mar'ets, especially its ma!or trading partners, through the reduction of tariffs on its e ports, particularly agricultural and industrial products.0 also with the opening of /new opportunities for the ser!ices sector, (the reduction of) costs and uncertainty associated with e porting, and (the attraction of) more investments into the country.0 ( a!ada ". An#ara, $.R. No. 11%2&5, 'ay 2, 1&&7) 1n classifying certain activities as services, the 2nited 3ations 4tandard 1ndustrial "lassification (141") groups /legal services0 under /business services,0 together with accounting, auditing, engineering, architectural, technical, and advertising. Accordingly, a 23"#" study on /3ew 1ssues in the 2ruguay Round of 5ultilateral #rade 3egotiations0 treats services rendered by the legal profession as part of /professional services0 which is distinct industry group in trade sercives. With regar% to Legal er!ices within the co!erage of GA' ( Article )* (+omestic ,egulation) paragraph - states that .(n sectors where specific commitments regarding professional services are underta)en, each Member shall provide for adequate procedures to verify the competence of professionals of any other Member./

0u !1 Bon%al A1C1 2o1 3345 &anuary "#( 6773 FAC' Atty. Renato $a+aro 6ondal (respondent) stands charged in a complaint filed by 7ayne 8. 8u (complainant) for gross negligence and violation of "anon 16 and Rule 16.03 of the "ode of ,rofessional Responsibility arising from his alleged failure to attend to the five cases she referred to him and to return, despite demand, the amount of ,91,:16.9; she has paid him. 1n the Retainer Agreement dated 5arch 30, <000, complainant agreed to pay respondent the amount of ,<00,000.00 as Acceptance =ee for the five cases, with an Appearance =ee of ,1,900.00 pesos per hearing> and in the event that damages are recovered, she would pay respondent 10? thereof as success fee. 6y complainant@s allegation that despite receipt of above%said amounts, respondent failed to file a case against 4wire Realty and Aevelopment "orp> due to respondent@s negligence, the case for estafa against $ourdes =resno+a 6oon was dismissed by the .ffice of the "ity ,rosecutor of 5a'ati "ity and was not timely appealed to the Aepartment of 7ustice> respondent negligently failed to inform complainant, before she left for abroad, to leave the necessary documents for purposes of the preliminary investigation of the case filed against 7ulie #eh before the .ffice of the "ity ,rosecutor of 5a'ati "ity, which case was eventually dismissed by Resolution dated August 1;, <000> and respondent compelled her to settle the two cases for violation of 6.,. 6lg. << against 5ona $isa 4an 7uan and Bli+abeth "han .ng under unfair and unreasonable terms.

Respondent thus demanded from respondent, by letter of 7une 1;, <001, for the return of all the records she had entrusted him bearing on the sub!ect cases. "omplainant through counsel thus demanded, by letter of August C, <001, the return of the rest of the files, particularly that dealing with 4wire Realty and Aevelopment "orporation and 7ulie #eh. 1n the same letter, complainant also demanded the refund of the amounts covered by the above%said two 6,1 =amily 6an' "hec's amounting to ,91,:16.9;, they being intended to represent payment of filing fees for the case against 4wire Realty and Aevelopment "orporation which respondent failed to file.

,8L*2G * #he .ffice of the 6ar "onfidant, by Report and Recommendation, recommends the dismissal of the complaint for failure of complainant to substantiate it. =rom the records of the case, it is culled that the other ; cases referred by complainant to respondent were filed in court but were dismissed or terminated for causes not attributable to respondent. ** As for complainant@s claim that the amount of ,91,:16.9;, which was the only amount on record that complainant paid for respondent@s legal services, was intended for the filing fees in the complaint against 4wire Aevelopment "orporation, the same was not substantiated as in fact the retainer agreement does not so confirm. *e +ould l,)e to t-an) you .or reta,n,n# our la+ .,r/ ,n t-e -andl,n# and re0re1entat,on o. your 2a1e. (n re#ard to t-e .,"e 2a1e1 you re.erred to u1, our a##re#ate A22e0tan2e .ee ,1 3200,000 3e1o1 +,t- an A00earan2e .ee o. 31,500.00 3e1o1 0er -ear,n#. A1 re#ard1 t-e da/a#e1 to 4e re2o"ered, +e +,ll #et 105 t-ereo. 4y +ay o. Su22e11 6ee. 1f, admittedly, the only payment given to complainant by respondent is the amount of ,91,:16.9;, then complainant still owes respondent more, as respondent rendered his legal services in ; out of the 9 cases. An acceptance fee is not a contingent fee( 9ut is an a9solute fee arrangement which entitles a lawyer to get pai% for his efforts regar%less of the outcome of the litigation1 'hat complainant was %issatisfie% with the outcome of the four cases %oes not ren%er !oi% the a9o!e retainer agreement for respon%ent appears to ha!e represente% the interest of complainant1 Litigants nee% to 9e remin%e% that lawyers are not %emi:go%s or ;magicians; who can always win their cases for their clients no matter the utter lac< of merit of the same or how passionate the litigants may feel a9out their cause1 1n sum, this "ourt finds well ta'en the finding of the .ffice of the 6ar "onfidant that complainant failed to establish the guilt of respondent by clear, convincing and satisfactory proof. #he charges against him must thus be dismissed. W=>,>F?,>, the complaint is hereby A145144BA. Respondent is, however, hereby directed to RB#2R3 all the records in his possession relative to the cases he handled for complainant.