Q: What are the Two Concepts of Attorneys Fees?

A:

Ordinary concept
- An attorney's fee is the reasonable compensation paid to a lawyer by his
client for the legal services he has rendered to the latter. The basis of this
compensation is the fact of his employment by and his agreement with the client.
Extraordinary concept
- An attorney's fee is an indemnity for damages ordered by the court to be
paid by the losing party in a litigation. The basis of this is any of the cases
provided by law where such award can be made, such as those authorized in
Article 2208, Civil Code, and is payable not to the lawyer but to the client, unless
they have agreed that the award shall pertain to the lawyer as additional
compensation or as part thereof. (Traders Royal Bank Employees UnionIndependent vs. NLRC, G.R. No. 120592 March 14, 1997)

Q: Differences between General and Special Retainer?

A:
General retainer (retaining fee)
- The fee paid to a lawyer to secure his future services as general counsel for any
ordinary legal problem that may arise in the routinary business of the client and
referred to him for legal action.
- The future services of the lawyer are secured and committed to the retaining
client. For this, the client pays the lawyer a fixed retainer fee which could be
monthly or otherwise, depending upon their arrangement.
- The fees are paid whether or not there are cases referred to the lawyer. The
reason for the remuneration is that the lawyer is deprived of the opportunity of
rendering services for a fee to the opposing party or other parties. In fine, it is a
compensation for lost opportunities.
Special retainer
- A fee for a specific case handled or special service rendered by the lawyer for a
client. A client may have several cases demanding special or individual attention.
If for every case there is a separate and independent contract for attorneys fees,
each fee is considered a special retainer.

Q: What is a Contingent Fee?

A: Fees that are usually a fixed percentage of what may be recovered in the action,
made to depend upon the success in the effort to enforce or defend a supposed right. It

depend upon an express contract, without which the attorney can only recover on the
basis of quantum meruit.

Q: Differences between Charging Lien and Retaining Lien?

A:
Retaining Lien- the right of an attorney to retain possession of a clients documents,
money, or other property which comes into the hands of the attorney professionally, until
a general balance due him for professional services is paid. (7 C.J.S., 1141)
Requisites: (ALU)
1. Attorney-client relationship;
2. Lawful possession by the lawyer of the clients funds, documents and papers
in his professional capacity;
3. Unsatisfied claim for attorneys fees
Charging Lien - is the equitable right of an attorney to have fees and costs due him for
services in a particular suit secured by the judgment or recovery in such suit. (7 C.J.S.,
1142) (Bar Reviewer in Legal and Judicial Ethics by Ernani Cruz Pao, pg. 54)
Requisites of a Charging Lien
1. Existence of a client-lawyer relationship;
2. The attorney has rendered services;
3. Favorable judgment secured by the counsel for his client which judgment is a
money judgment;
4. The attorney has a claim for attorneys fees or advances;
5. Noting into the records of the case through the filing of an appropriate motion
of the statement of the lawyers claim for attorneys fee with copies furnished to
the client and adverse party.

Point
of Retaining Lien
Distinction
Passive Lien. It cannot be
Nature
actively enforced. It is a
general lien. Active Lien. It
can be enforced by
execution.
Basis

Coverage

Charging Lien
It is a special lien.

Securing of a favorable of
Lawful
possession of papers, documents, property
papers, documents, property belonging to the client. money
belonging to the client
judgment for the client
Covers papers, documents, Covers all judgment for the

Effect

Notice
Applicability

Extinguishmen
t

and properties in the lawful

possession of the attorney by
reason of his professional
employment
As soon as the attorney gets
possession of the papers,
documents, or property.
Client need not be notified to
make it effective.
May be exercised before
judgment or execution or
regardless thereof.
When possession lawfully
ends
when
as
lawyer
voluntarily parts with funds,
documents, and papers of
client or offers them as
evidence.

payment of money and

execution
issued
in
pursuance of such judgments.
As soon as the claim for
attorneys fees had been
entered into the records of the
case.
Notice must be served upon
client and adverse party.
Generally, exercisable only
when the attorney had
already secured a favorable
judgment for his client.
When client loses action as
lien may only be enforced
against judgment awarded in
favor of client, proceeds
thereof/ executed thereon.

Q: Differences between Champertous and Contingent Contract?

A:

Champertous Contract
- one where the lawyer stipulates with his client in the prosecution of the case
that he will bear all of the expenses for the recovery of things or property being
claimed by the client, and the latter agrees to pay the former a portion of the
thing or property recovered as compensation. It is void for being against public
policy.
Contract for a contingent fee
- an agreement in writing by which the fees, usually a fixed percentage of what
may be recovered in the action, are made to depend upon the success in the
effort to enforce or defend a supposed right. Contingent fees depend upon an
express contract, without which the attorney can only recover on the basis of
quantum meruit.

Contingent Contract
Champertous Contract
Contingent fee is payable in cash
Payable in kind ONLY
Lawyers do not undertake to pay all Lawyers undertake to pay all expenses of
expenses of litigation
litigation
Not prohibited
Void

Q: What is Barratry?
A: Barratry offense of frequently inciting and stirring up quarrels and suits. The
lawyers act of fomenting suits among individuals and offering his legal services to one
of them.

Q: What are the differences between Criminal Contempt and Civil Contempt?
A: Civil Contempt failure to do something ordered by the court which is for the benefit
of a party.
Criminal Contempt consists of any conduct directed against the authority or dignity of
the court.

Q: What are the differences between Indirect Contempt and Direct Contempt?
A: Direct Contempt consists of misbehavior in the presence of or so near a court or
judge as to interrupt or obstruct the proceedings before the court or the administration of
justice.
Indirect or Constructive Contempt one committed away from the court involving
disobedience of or resistance to a lawful writ, process, order, judgment or command of
the court, or tending to belittle, degrade, obstruct, interrupt or embarrass the court.

Q: What is the Role of the Public Prosecutor?

A: A public prosecutor is the representative of the sovereignty whose interest in a
criminal prosecution is not that it shall win a case but that justice shall be done.

Q: What is the definition of Quantum Meruit and when is it proper?

A: Quantum meruit (as much as he deserves) is used as basis for determining an

attorneys professional fees in the absence of an express agreement. The recovery of
attorneys fees on the basis of quantum meruit is a device that prevents an
unscrupulous client from running away with the fruits of the legal services of counsel
without paying for it and also avoids unjust enrichment on the part of the attorney
himself. An attorney must show that he is entitled to reasonable compensation for the
effort in pursuing the clients cause, taking into account certain factors in fixing the
amount of legal fees.
Instances of Recovery of Attorneys Fees on the Basis of Quantum Meruit:
1. There is no express contract for payment of attorneys fees agreed upon
between the lawyer and the client.
2. When although there is a formal contract for attorneys fees, the fees stipulated
are found unconscionable.
3. When the contract for attorneys fees is void due to formal matter.
4. When for justifiable cause the lawyer was not able to finish the case.
5. When the lawyer and the client disregard the contract for fees.
6. When the client dismissed his counsel before the termination of the case or
the latter withdrew therefrom for valid reasons.
Q:When is the Doctrine of Res Ipsa Loquitor in Disbarment Cases Applicable?
A: Doctrine of RES IPSA LOQUITOR (the thing speaks for itself)
CASES: Applies to both judges and lawyers.
Judges had been dismissed from the service without need for a formal investigation
because based on the records, the gross misconduct or inefficiency of the judges
clearly appears. [Uy vs. Mercado, 154 SCRA 567].
Applies to lawyers: Thus, on the basis of the lawyers comment or answer to a show
cause order of SC, it appears that the lawyer has so conducted himself in a manner
which exhibits his blatant disrespect to the court, or his want of good moral character or
his violation of the attorneys oath, the lawyer may be suspended or disbarred without
need of a trial-type proceeding. What counts is that the lawyer has been given the
opportunity to give his side. [Prudential Bank vs. Castro 155 SCRA 604]

Q: When can a lawyer NOT accept engagement?

A:
1. A lawyer shall not refuse his services to the needy.
2. He shall not decline to represent a person solely on account of the latters race,
sex, creed or status of life or because of his own opinion regarding the guilt of
said person.

3. He shall not decline, except for serious and sufficient cause like (1) if he is not in
a position to carry out effectively or competently; (2) if he labors under a conflict
of interest between him and the prospective client or between a present and
prospective client.
If its acceptance will involve:
1. A violation of any of the rules of the legal profession.
2. Nullification of a contract which he prepared.
3. Advocacy in any matter in which he had intervened while in the government
service.
4. Employment, the nature of which might easily be used as a means of advertising
his professional services or his skill.
5. Employment with a collection agency which solicits business to collect claims.
6. Any matter in which he knows or has reason to believe that he or his partner will be
an essential witness for the prospective client.
Q: Can a wife represent her husband in court during the pendency of her
suspension? (Feliciano vs. Lozada, A.C. No. 7593, March 11, 2015)
Facts: Atty. Lozada represented her husband in Court even if she was still suspended.
She argued that her appearance as wife of Edilberto Lozada is not within the prohibition
to practice law, considering that she is defending her husband and not a client.
Held: Under Section 27, Rule 138 of the Revised Rules of Court, as amended, willful
disobedience to any lawful order of a superior court is a ground for disbarment or
suspension from the practice of law hence she violated the said Rule. However, Court
recognizes the fact that it is part of the Filipino culture that amid an adversity, families
will always look out and extend a helping hand to a family member, more so, in this
case, to a spouse. Further suspension is imposed instead of disbarment.

Q: Who are included in the Judges family?

A: Grounds for Disqualification and Inhibition of Judges Under the Rules of Court:
Mandatory or Compulsory Disqualification [Rule 137, ROC]
a. when he, or his wife, or child is pecuniarily interested as heir, legatee,
creditor or otherwise
b. b. when he is related to either party within the sixth (6th) degree of
consanguinity or affinity or to counsel within the fourth (4th) civil degree