Written Report The right to demand payment for the
Chapter II Lawyer on Maiden Practice
Legal Counselling for Practicing Lawyers
Prepared by:
Genzola, Neil Marvin and
Macalino, Daniel Luis
Arellano University School of Law
About the Chapter:
Chapter II talks about the life of a new lawyer. A
lawyer entering in to the profession will need to decide
what career path he should pursue. He could take on
private practice, government service, or corporate
practice among other options. A lawyer eventually will
have to deal with a client. This chapter provides how a
new lawyer should conduct himself in order to
establish good relationship with his clients thus
building a name for himself as a reliable lawyer worth
of his salt.
Pointers for a lawyer on maiden practice:
Here are some notes that a new lawyer should
consider as he begins his practice of law:
I. Possible areas of practice:
A. Solo private practice
B. Assistant or associate in a private law
firm
C. Legal officer in a corporate law
department
D. Government employment
II. In setting up an ideal law office:
A law office must be readily accessible,
readily identified, presentable with neat
and orderly appearance, well-lit,
spacious enough and with adequate
ventilation, cleaned regularly, has
washroom facilities nearby, provides
adequate reading materials in the
waiting room, and has parking facilities
close to the office.
A relatively ideal law office should have
a library loaded with law books,
consisting of the latest edition of
textbooks, codals, SCRA, Philippine
reports and Official Gazettes, and other
law books from renowned authors.
III. When dealing with a client
The relationship must be professional.
Frankness and tact should be the
climate during the first interview. There
must be business-like approach in fixing
the fees.
lawyers services should be founded on
the fact of employment although a
contract of employment between a
lawyer and a client may be written or
verbal. The terms of a contingent fee
contract should be fully implemented
provided that such contract is not tainted
with fraud, undue influence, mistake or
suppression of facts on the part of the
lawyer and the suit ended favorable to
the client.
In Small vs. Banares (516 SCRA 323),
the Court upheld the suspension of a
lawyer from practice for 2 years and the
return of money advanced when the
said lawyer did not fulfil the contract
between him and client even after
receiving money. In doing so, the Court
held that the respondent lawyer failed to
render legal service to his client and
violated Canon 16, 18 and 19.
Every delay in the outcome of the case
should be explained to the client after
the close of each day of hearing.
A lawyer should always be ready and
available for his client.
While there can be no substitute for
winning a case, good human relations
with the client can benefit the lawyer
even if he encounters setbacks. It is
important that a lawyer treats a client
with cordiality and compassion, with
sincerity and honest intentions, and with
a spirit of not giving up.
In order to hold a client, a lawyer must:
give sound advice, draft valid
documents, and adopt correct theories.
The lawyer is expected to employ
prompt and thorough communication
with his client, promptly handle his
clients work; he must be honest,
courteous and sympathetic in dealing
with his client; and competently and
diligently handle his clients affairs.
A lawyer has the duty to fight for his
clients interest and by doing so, he
should never lose temper or descend to
inappropriate actions.
IV. Important notes when billing a client
There must be a methodical but frank
method. The client must be impressed
that he is not being overcharged.
The client must be briefed thoroughly on
the nature of the case, the difficulty and
intricacy of the legal issues, the time and
 effort to be invested, possible
unexpected incidents during the case,
expenses to be incurred should there be
an appeal including additional attorneys
fees.
V. How to sustain a law practice
A lawyer must keep abreast with the
recent legislations and their
amendments, as well as the recent
jurisprudence.
The Mandatory Continuing Legal
Education (MCLE) program that the
Supreme Court has extended
incalculable aid to the courts in an
efficient and less erratic administration
of justice.
It is advisable to subscribe to all local
and foreign law journals and
publications.
Membership in different law associations
and lawyers organizations is necessary
for a lawyer to familiarize himself with
the recent developments.
As to specialization, one should seek
light from his own evaluation of his
capabilities.
Once having chosen a specialization, a
lawyer must restrict his practice therein.
VI. Conduct for Successful Lawyering
Remember whom you are working for
One should never lose sight of the fact
that the real boss is the client.
Make sure that from the start that your
clients understand what you can and
cannot do for them.
Always give your clients updates to their
cases.
Keep at least two docketing system
One that you can manage and one that
your staff manages.
Always be accessible to your clients.
Promptly return your phone calls An
unreturned phone call is a mark against
you.
Spend time with your staff If you staff
are happy, they will be cheerful and
eager to help you and your clients.
Paper the worlds Furnish your client a
copy of everything.
Send out evaluation sheets Have your
clients evaluate your performance at the
end of every case.
Clients are the cornerstone of a
successful law practice.
A lawyer should strive not to lose his
clients, but to win more to expand his
clientele.
VII. How to develop your reputation as a Lawyer
The best and easiest place to begin
developing new clients is in your own
circle of friends and acquaintances.
Surveys show that service organizations
are responsible for more
recommendations of clients to lawyers
than any other comparable type of
group.
Speaking to local groups is a useful
activity for giving you and wide
opportunity in building your practice.
Speaking brings you into face to face
contact with large number of people,
and offers them opportunity to observe
you in the performance of one of the
lawyers most common activities
talking.
VIII. Random Criteria for Obtaining Clients
Reputation for capability as a lawyer
26%
Reputation for trustworthiness 23%
Personal acquaintance with lawyer
20%
Referral by neighbor or friend 13%
Participation in civic, religious, and
community activity 3%
Referral by another lawyer 2%
Lawyers political activity 1%
Lawyers appearance and conduct in
court 1%
Other reasons 3%
IX. Other tips related to establishing a law
career
Surveys show that partners practicing
together earn more than the total of their
previous individual earnings.
A specialist because of his experience
and special background can do a job
more quickly and more efficiently than a
general practitioner.
If a number of lawyers pool their
common resources in a partnership,
there will be a reduction in overhead
costs.
As the number of partners increases,
the number of opportunities for meeting
clients through active participation in
civic and club activities, likewise
increases.