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LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 1

Based on the lectures of Atty. Cecilia Angeles

Lecture 1 PRACTICE OF LAW

(June 18, 2012) It 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 giving advice,
Legal Counseling is basically, is meeting your client,
drafting of documents or appearance in court or other
knowing his woes, knowing the reason why he came to
administrative or quasi-judicial body involving the use of
you and giving advice. For a lot of people, you come to a
faculty or intelligence of one skilled in law who is
lawyer, and say “attorney, ang sanga sa mangga sa
entitled to a legal fee.
among silingan, nagbarog na sa akong fence. Pwede ba
nako na putlon?” That is already a legal issue. Can he Let’s break it down:
cut such branch of that mango tree? Can somebody
remember the law on property? (I can hear people Any activity pertaining to a bona fide member of the bar
whispering haha!) Can he cut down that branch? Sus
nakalimot na lagi! When was the last time you had - You have to be a member of the bar for you to
property? Last year? My goodness! You know when you practice law. Those who are under-bar, there is
go to private practice, ang question hind “what is the a program wherein law students are allowed to
corporate share of class A class B”. but “Attorney, unsa practice, but that is governed by a special law.
man tong iro sa among neighbor?” Ganyan ang mga
Which is carried out on a habitual or continuous process
tanong ng mga kliyente ninyo. You have to know this
things, not “kadali lang ha? Tempa lang.” So you - Habitual and continuous process, so you go out
research on that, Apollo. Give me the answer next there and present yourself as a lawyer, and you
week. Those are the type of questions. I got involved perform an activity in a continuous process, you
with my daughter’s PTA so I get to know the teachers, don’t just draw a document once in a blue
and then knowing that I am a lawyer, they would ask moon, you do it as a livelihood.
“Attorney, meron lang akong question bah, yung kasing
punoan ng aking neighbor, nahulog na” you have to be Translated into action by means of giving advice,
careful ha. What are the grounds for him to chop down drafting of documents
that tree. So you have to be careful. Meron pang
“Attorney, kaning akong anak ba, wla nako na rehistro - That’s where your legal forms become
pag anak nako niya bah unsa man ang akong buhaton?” important.
Ganun nay an, she got married, she had a child when
Or appearance in court or other administrative or quasi-
she was single, she got married to another man, and the
judicial body
child is using the name of the second husband. Is there
a valid adoption there? This are the things that come - Even if you just appear in court and say “Your
into your radar when you open your new Villanueva Honor, I move to postpone” that is already a
Law office. So let’s say Villanueva- Ontal- Garcia Law practice of law. If you’re a part of big law firms,
Offices. So, you think that someone goes here and says the junior lawyers are usually the ones sent to
“I want to file a case for violation of intellectual do minor motions, kaba2x ka pa nyan. But you
property law” Do you think you’ll have those clients know class, the judge will always decide based
here in Davao? So wherever your office is, yun yung on the documents presented to him, all these
mga problema na na haharapin ninyo. “Attorney things you see in Boston legal, are mere tactics
nawad-an kog lisensya” What does he do? You need to of impressing the client, but at the end of the
draw an affidavit. Even if you draw a very simple day, the judge will decide on the basis of your
documents, you must be sure that these documents documents.
comply with requirements of law. And once you give
advice, even if hasn’t paid yet, you are already engaged Other administrative or quasi-judicial body
as a lawyer.
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- What is an administrative body? What is a - It is a skill involved in the conduct of any human
quasi-judicial body? activity.

Use of faculty or intelligence of one skilled in law I submit, (because the author says that it is an art) I
submit that legal counseling is both a science and an
- You know this is really complicated, the use of art. It is science because it involves the precise
faculty or intelligence of one skilled in law. How application of legal principles and statutes to a given
do you become skilled in law? Ow well, in your state of facts. You have a legal principle of equity, (what
1st, 2nd or 3rd year, you can’t say that you already else? In pari delicto) those are legal principles and you
use your faculty, but you can already say that have to apply these principles to given set of facts. So in
you are using your intelligence, your training, of a way, you can’t measure it, it is not appropriate if you
your studies. And above all, this performance of do not apply these principles to facts correctly. They
an act, is supposed to be compensated, you are must be applied correctly.Why art? Because it involves
entitled to a legal fee. analytical reasoning and language. You know class, law
is a very, it language centered. You never do away with
When you do these things, you ask yourself, are you
English in the practice of law. It is the number one
already in the practice of law? Yes, you are. But even if
instrument when you engaged in the practice, especially
you are appearing in judicial, administrative or quasi-
to the court and your peers. The decisions are made in
judicial bodies, you draft documents, but you are not
English. The world is getting too small, the language of
signing the pleadings, are you in the practice of law?
business is English, we travel we use English. So English
Actually you are not in the practice of law. (Nota bene:
will be there whether you like it or not.
If you are not signing pleadings, you are not engaged in
the practice of law) You are doing the things that is Analytical reasoning
actually done by a lawyer but you are not engaged in
the practice of law. To be in the practice of law, you are - Problem solving or analytical reasoning.
the one signing the documents. There paralegals, they
seem to be lawyers, they have knowledge of law, but Giving of advice or information
they are not members of the bar but they are virtually
- It may be preventive, curative, not necessarily
doing practice of law, but they are not law practitioners.
adversarial. Maybe the question on hand is
“What is the next step? I want to register my
land” Registering a deed of sale is not
LEGAL COUNSELING adversarial at all. This is part of legal advice,
although it could be done by any person, when
It is the art of giving advice and information you want to register your property you really
concerning the solution to a legal problem arising from don’t need a lawyer, but sometimes you know,
a given state of facts and the adoption of appropriate the client can pay the services of a lawyer.
reliefs or remedies under the law and enforcement of a
legal obligation before a judicial or quasi-judicial body. Solution of a legal problem

Why do we say it is an art? It could be a science it could - The problem to be solved is legal. And you
be an art, it could be the science of law. Why art? Why know when an issue is legal.
not science? It is an art, it is a science, and it could be
both. To a given state of facts

What is Science? - Avoid hypothetical situations. So to be able to


give advice, it has to be a given state of facts.
- It is any skill or technique that requires a precise Sometimes your client is a bit hesitant,
application of facts or principles. sometimes they will just rephrase it. Minsan
nahihiya eh. If you know from your
What is Art? conversation with your client that something is
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hidden here, so you schedule him for another office, instrumentality or government owned and
interview. For a cup of coffee, they loosen up. controlled corporation or the GOCC. The GOCC’s
Then you know the real state of facts. each one has its own charter, but their charter will
also come into play or stick with the provisions of
Adoption of appropriate remedies given by law the Administrative Code.
- Adoption of appropriate remedies given by law. If you have certain complaint to the Department of
It has to be appropriate hindi yang “Ipapatay Trade, you follow the rules and regulations to achieve a
nalang nato na bah” it must be a legal advice. certain process. When you follow the steps, at the end
Sometimes you don’t know, right? “unsaon ko of the process there is a decision, such decision is made
mana attorney nang sanga?” it is a skill, if you by an administrative body as contrasted to a quasi-
are trying to hide your ignorance, you must judicial body. Usually, a quasi-judicial body sits en banc.
have to do some postulate like “Ah, that is a bit For example the NLRC, they sit en banc and make
complicated, I’ll get back to you on that, why decisions. But administrative bodies usually have sub-
don’t we schedule another appointment?” (joke agencies under their umbrella. If you want to question
time) the decision, you bring it to the courts. You have to
state there that you have complied with the
Enforcement of a legal obligation
administrative procedure, so that your action will not
- There is a legal obligation involved and must be be dismissed. This is in relation to failure to exhaust
satisfied. If there is no legal obligation, there administrative remedies. Sometimes you even have to
will be no cause of action. go all the way up to the office of the president so that
you will have a cause of action and to say that you have
To judicial body or quasi-judicial body exhausted all available remedies.

- Judicial body or the courts, from MTC all the


way to the Supreme Court.
LEGAL ETHICS
- Quasi-judicial body or administrative body
belonging to the executive branch of the Legal ethics is that branch of moral science
government vested with jurisdiction to hear or which treats of the duties an attorney owes to his client,
adjudicate non-litigious cases (I don’t think to the court, and the bar.
there is really such a thing as non-litigious
So you have the client, the court and the bar. So the
cases) with power to enforce its judgment or
code of professional responsibility, it creates
order and to punish for contempt. This is in
expectations, responsibilities and manages
contrast to what and administrative body does.
expectations.
Example of a quasi-judicial body is the NLRC,
the DARAB, SEC, CSC, COA. When you take a Practice of law is not business.
look at their composition, you will see very
familiar provisions that are from the rules of - But I disagree, this is too idealistic. Your law
court. The service of summons, the hearings. office will not survive if you do not treat your
They are part of the executive branch of the office as business. I wouldn’t say, the practice of
government law is not a business, but this is right. But to be
realistic about it, you have to treat it as business
- Administrative body is an instrumentality of as well. The practice of law sometimes you can’t
the government. It is defined in the Administrative turn away from clients. So in a way, you have to
Code. It is all there. Including departments, bureaus make sure that you have paying clients and your
or agencies. So these are vested by law with paying clients, maybe 60-70 percent. The 40
jurisdiction to settle and adjudicate controversies percent will be for legal aid, for relatives. You
arising from the interpretation and enforcement of
a law. It is also defined as a department; bureau,
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must make sure you have core source. The scandalous manner to the discredit of the legal
practice of law is a profession not a business. profession.

Burbe vs. Magulta (June 10, 2002) How do you do that? You have to make sure that the
conduct of your affairs, public or private, must conform
In this day and age, members of the bar often
to, must be at par with the expectations of a lawyer.
forget that the practice of law is a profession and not a
The demand to be upright is both in public or private
business.[11] Lawyering is not primarily meant to be a
life. Masyadong mataas ang standards nito. So these are
money-making venture, and law advocacy is not a
the things that slip the mind of practitioners which are
capital that necessarily yields profits.[12] The gaining of
already in many years of practice that they tend to
a livelihood is not a professional but a secondary
forget that their private life is also in scrutiny.
consideration.[13] Duty to public service and to the
administration of justice should be the primary As officers of the court, a lawyer must also be seen to be
consideration of lawyers, who must subordinate their of good moral character.
personal interests or what they owe to themselves. The
practice of law is a noble calling in which emolument is You must also be of good moral character, and live your
a byproduct, and the highest eminence may be attained life with highest standards. Refrain from adulterous
without making much money. relationships to avoid scandalizing the public. Lawyers
are very human, they make mistakes. So, sometimes
Duty to public service and administration of justice, these standards are very high, they fail to see the
emolument is a by-product. human in the person. But of course, different standards
apply. It is really up to the person. It is really up to the
The practice of law is not a legal right but a privilege.
complainant if he feels that justice must be served, then
- It can always be taken away from you when you go ahead and file a complaint. This is a very high
do something unethical. A bar candidate can’t standard. At the end of the day, the conscience has to
just practice law simply by passing the bar. It be clear. If your client doesn’t have a chance in court,
can be taken with the mandate of due process. you have to tell him, you have to be honest.

-
Hadjula Vs Madianda (Ac 6711)
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD
THE INTEGRITY AND DIGNITY OF THE LEGAL The moment complainant approached the then
PROFESSION AND SUPPORT THE ACTIVITIES OF THE receptive respondent to seek legal advice, a veritable
INTEGRATED BAR. lawyer-client relationship evolved between the two.
Such relationship imposes upon the lawyer certain
Rule 7.01 - A lawyer shall be answerable for knowingly restrictions circumscribed by the ethics of the
making a false statement or suppressing a material fact profession. Among the burdens of the relationship is
in connection with his application for admission to the that which enjoins the lawyer, respondent in this
bar. instance, to keep inviolate confidential information
acquired or revealed during legal consultations. The fact
Rule 7.02 - A lawyer shall not support the application that one is, at the end of the day, not inclined to handle
for admission to the bar of any person known by him to the client's case is hardly of consequence. Of little
be unqualified in respect to character, education, or moment, too, is the fact that no formal professional
other relevant attribute. engagement follows the consultation. Nor will it make
any difference that no contract whatsoever was
Rule 7.03 - A lawyer shall not engage in conduct that executed by the parties to memorialize the relationship.
adversely reflects on his fitness to practice law, nor shall
he, whether in public or private life, behave in a As we said inBurbe v. Magulta,6 -
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A lawyer-client relationship was established from the CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL
very first moment complainant asked respondent for MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY
legal advise regarding the former's business. To COME INTO HIS POSSESSION.
constitute professional employment, it is not essential
that the client employed the attorney professionally on Rule 16.01 - A lawyer shall account for all money or
any previous occasion. property collected or received for or from the client.

It is not necessary that any retainer be paid, promised, Rule 16.02 - A lawyer shall keep the funds of each client
or charged; neither is it material that the attorney separate and apart from his own and those of others
consulted did not afterward handle the case for which kept by him.
his service had been sought.
Rule 16.03 - A lawyer shall deliver the funds and
It a person, in respect to business affairs or troubles of property of his client when due or upon demand.
any kind, consults a lawyer with a view to obtaining However, he shall have a lien over the funds and may
professional advice or assistance, and the attorney apply so much thereof as may be necessary to satisfy his
voluntarily permits or acquiesces with the consultation, lawful fees and disbursements, giving notice promptly
then the professional employments is established. thereafter to his client. He shall also have a lien to the
same extent on all judgments and executions he has
Likewise, a lawyer-client relationship exists secured for his client as provided for in the Rules of
notwithstanding the close personal relationship Court.
between the lawyer and the complainant or the non-
payment of the former's fees. Rule 16.04 - A lawyer shall not borrow money from his
client unless the client’s interests are fully protected by
Dean Wigmore lists the essential factors to establish the the nature of the case or by independent advice. Neither
existence of the attorney-client privilege shall a lawyer lend money to a client except, when in
communication, viz: the interest of justice; he has to advance necessary
expenses in a legal matter he is handling for the client.
(1) Where legal advice of any kind is sought (2) from a
professional legal adviser in his capacity as such, (3) the You have to take care of your client’s funds. All the
communications relating to that purpose, (4) made in monies must be accounted for. You hold separate
confidence (5) by the client, (6) are at his instance accounts, as a good procedure, it is always good an
permanently protected (7) from disclosure by himself or established separate account. So there would be no
by the legal advisor, (8) except the protection be issues later on.
waived.7

Once a person asks for an advice, you just assume right


away that there is lawyer-client relationship that is CONFLICT OF INTEREST
established. Even in the absence of a contract, you still
A lawyer shall not represent conflicting interests
have a lawyer client relationship. Once it is established,
except with the written consent of all his clients.
you have to be confidential. You can’t even tell it to
your spouse. Otherwise you will be in violation of - (A situation that has the potential to undermine
confidentially. Everything is confidential. So standard is the impartiality of a person because of the
very high and strict. The starting point is when your possibility of a clash between the person's self-
client tells you all the facts and asks you for legal advice, interest and professional interest or public
that’s the point where attorney-client relationship interest. It is a situation in which a person has a
commences. duty to more than one person or organization,
Client’s Funds but cannot do justice to the actual or potentially
adverse interests of both parties. This includes
when an individual's personal interests or
concerns are inconsistent with the best for a
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customer, or when a public official's personal And I think that this would be a perfect topic in
interests are contrary to his/her loyalty to your subject of legal ethics where you will discuss more
public business. An attorney, an accountant, a in depth the consequences of violating the ethical
business adviser or realtor cannot represent standards of legal profession.
two parties in a dispute and must avoid even
the appearance of conflict. He/she may not join When a lawyer violates his oath, then what is the legal
with a client in business without making full consequence?
disclosure of his/her potential conflicts, he/she
Instances that is considered practice of law:
must avoid commingling funds with the client,
and never, never take a position adverse to the So, last week, we have mentioned of the case of Burbe
customer) vs Magulta ( Adm. Case No. 99-634, June 10, 2002). It
has mentioned a discussion of what is a practice of law,
-Kristine Quibod-
what constitutes the practice of law. When does a
lawyer and client relationship commence? So, from the
decision of the Supreme Court, it would seem that if a
Legal Counseling person will come to a lawyer, asks for his advice, gives
you all the facts of his case that was filed, with the
(June 25, 2012) intention of getting a legal advice from you, then if you
did not arrived in an agreement, or you did not sign an
Let’s go back to our previous discussion,
agreement, or even if you will say that now, you have to
wherein we have said that practice of law is not a
hire me first before I will give you an advice. Clearly, the
business. It is not a money-making venture. But, at the
rulings of the court say that even the moment you give
end of the day, you must consider the fact that your
him an advice, and this all happened with the
practice must survive the competition. And we have to
knowledge of confidence, then, there exist a lawyer-
remember the fact that we have a family to support. So,
client relationship, immediately.
these things, these are the important considerations to
weigh vis-à-vis the idea that practice of law is not a
business.
Now, what are the instances that are not considered
Unless of course, you go as a government as practice of law?
employee, or corporate lawyering. You know, when you
are a corporate lawyer, you can receive a regular salary, 1. Gratuitous furnishing of legal aid to the poor and
you don’t have to worry about other costs, about your unfortunates who are in pursuit of any civil remedy, as a
employees’ salaries. The salary comes in every month, matter of charity, does not constitute practice of law.
every two weeks of pay period. If you are happy with
that, that would not be a tiresome work. But, for those I dare say that this is debatable. Even an
who would like to start on their own, they have a lot of indigent client deserves a good legal advice. They
things to think about. expect that when they have a lawyer, that such lawyer
has such skills. So, you cannot, just turn around and say,
Practice is not a right, rather a privilege. That is that this is all charity, so, there is no lawyer-client
why we have a lot of ethics, rules, ethical rules, and you relationship.
also talk about professional responsibility. And if you fall
short of these professional responsibilities, or you So, I think that this point here is debatable. For
violate these ethical standards set to your profession, example that you are a lawyer, people will come to you
you can be held liable criminally, and that your practice and they will pay you. You must render the same equal
of law can be suspended or you will be denied in the effort and service to your clients who are indigent and
practice of law. It is a privilege subject to the mandate those that can pay well.
of the due process. Of course, you will be given a
2. The mere search for records of realty to ascertain
chance to explain and defend yourself.
what they may disclose without giving any opinion or
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advice as to the legal effects of what may be found, and you are not collecting an attorney’s fees, you better
does not constitute practice of law. stop being a lawyer. You have intellectual property. The
advice that you give to your clients is considered as
intellectual property. You have to attach a value to your
intellectual property. Who determines the value? You
So, you said to a client or a friend, a friend who
yourself. If you think that you gave your client a very
knows that you are a lawyer. Your friend will say, can
good advice, then you have to collect an attorney’s fees.
you send somebody who can check the status of the
Even advice on telephone calls, some of the lawyers do
title in the Register of Deeds. Whether the property has
not want to give their personal numbers, because there
been mortgaged or not? Whether the title is clean or
are clients who will sometimes call, and ask for
not. So, you send your staff, or you yourself will go
questions and even tell stories. They assume that
directly to the ROD. That alone is not a practice of law.
because they did not go to the office, the lawyer will
As long as you are not giving legal advice as to the legal
not charge. So, if you are the lawyer, you can send them
effects of the document.
an invoice, saying, “conversation, so and so, date, and
Like when you say that this title has an the amount”, then you send it to the client.
encumbrance. So, what are we going to do attorney?
Of course, not all clients are like the ones who go to
So, you’ll give an advice, like you have to institute a case
your office, have some chit chat, but somehow, they
to clean the title, or how to get rid of an encumbrance.
are actually fishing for some legal advice. But, there are
That is already giving a legal advice, and a lawyer-client
also good paying clients, and that you have to take care
relationship already arises. You are already practicing
of these paying clients.
law.

3. Work involves a clerical labor of filling in the blanks


on stereotyped form or a mere mechanical act of Second, basis for filing action for usurpation of official
copying from a file copy or finished documents which functions against one, who not being a member of the
involves no legal thing, is not considered legal practice. 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
So, this mere involves mechanical act. No advice was prejudice of the bar and the public.
given. So, if you are ask, if attorney can you help me in
filling up an application form maybe for an insurance
application form. You can argue that, that was not a The person you are not to, later on, you discover, is not
practice of law. I merely help and assisted the client in really a lawyer, or is not supposed to be practicing law,
filling up the application form, and answering the so, you can file an action for usurpation of official
questions one-by-one. So this is a kind of assistance that functions.
you give a person, but you will not be considered as
someone who is practicing law.

Under Rule 16.01 of the Code of Ethics and


Responsibility:
Determination of whether or not an individual is
practicing law or not.

CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL


MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY
Why is that important? Why do we have to ask COME INTO HIS PROFESSION.
ourselves, “am I practicing law?” Why?

First, we have to consider the fact “am I entitled to


collect attorneys fees?” If you are dispensing advice,
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Rule 16.01 - A lawyer shall account for all money


or property collected or received for or from the client. Area of litigation handled by those who specialized in
litigation, they do not actually have this delineation
whether be it criminal or civil cases, because the only
difference id the amount of proof needed.
If you are an administrator of an estate, you have the
titles with you, you have many responsibilities, you
have administrative responsibilities, you have to make
sure that the taxes are paid, that the properties are So, there are firms that may be hired by clients, like for
earning properties, that the rents were collected. So, example Apple and Microsoft. So, what if your clients
with all these responsibilities, you are entitled to a fee. tell you that they want you to be their exclusive
You have to be paid with a fee. And that fee will be paid lawyers, so, when you say yes to one of them, you will
by any income the estate has. That is why it is very have to say goodbye to one of them
important to separate you monies and income from the
monies and income of your client. So, we have this what we call ethical wall, or also
called the Chinese wall where certain sections of your
law firm are barred from knowing what the other
departments have, such as any documents or
So, what will you do if your client thinks that your information about their clients. They cannot look on the
lawyer-client relationship will be a long one, so, he data base that includes the pleadings filed by the
deposited a hundred thousand to cover all the expenses partners of the other section. This is done to prevent
you may have in dealing with his legal problems. So, you conflict of interest, unless you get the written consent
must have a separate trust fund, there must be a of your clients.
separate accounting of your client’s funds from your
office and own funds.

So, as a solo practitioner, you will also encounter clients


that are like that, but just remember that, if you feel
If you are an administrator of an estate, you must that there is conflict of interest, you have to make sure,
render regular accounting to avoid confusion. In order and you want your client not to go away, you have to
to make sure that there is a proper separation of funds get the written consent of your other client.
and properties.

Now, options for lawyer:


Lawyers who appropriates their clients’ funds are
violating their professional ethics, and code of 1. Solo Private Practice
professional responsibility.
 Advantages:

A big law firm composed of 15-20 lawyers, in the states, a. You’re the own boss, you have to log in or out.
a big law firm, nationwide, may be around 500 lawyers;
a mid-size lawyer may be around a hundred lawyers, a b. working hour is manageable
small size lawyer, maybe around, 5 to 10 lawyers.
You can go to the office any time you want.

c. You can handle and choose how much workload you


So, when you have big law firms, you have different want to accept
departments, different specialties, you have tax, realty,
labor, litigation, environment, corporate, etc.
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You can choose the case you want to handle. You


design your own system, since you are your own boss.
You are the own boss, but, at the end of the day, you 2. Assistant or associate in a private law firm
hold responsible to the success of your solo practice.
a. Generally offers better opportunities
d. You can choose your own clients

 What are the disadvantages? In working as an associate in a private law firm,


a. it is a maiden practice and it does not yield a lot offers new opportunities. Usually formed by
of clients because no client will go to lawyer batchmates and classmates in law school. Sometimes,
without reputation there are lawyers who can get good clients, so these
b. must build network of referrals from families existing law firms hire you.
and friends
c. “feast or famine income”
d. All expenses are shouldered by solo practitioner b. Existing partnership usually have financial
e. No extra support when pressed for time capability to defray overhead expenses of
f. Both administrative and legal concerns will maintaining a law office.
burden the solo practice

So, if the firm has been in existence like about 10


It is your first time after passing the bar. Like, what if years, they have already number of clients that can help
you set up an office near Ecoland, Davao City. You put in the payment of rent, the staff, office supplies. You
up some signs that you specialized in different fields, have to make sure that your staff is happy because you
separation cases, civil law, criminal law, and any other have to work as a team. And when your staff will leave,
schemes. You are not supposed to do that, but some of you have to train all over again.
the other lawyers try to be creative. Those were signs
that add up to your reputation. So anyway, you set up What are usually overhead expenses? Water, rent,
an office, your first client would be your families and office supplies, salary of your staff, the janitors. It does
friends. And there would be cases that you do not know not help if your office is not neat. Even if you have a
the solution, so you have to study the facts of the case, small office, it must be organized and presentable for
because being in a solo practice, you have no one to your client. That your clients will not be offered with
help you other than yourself. plastic chairs.

You do the case, communication. Of course, you have to PARTNERS


have your secretary, process server. You have to have  Partners agree on articles of
these people after someone opens your door, if you partnership/financial agreements to avoid
don’t want to see yourself serving this documents to future misunderstanding (e.g. how to bring in
other lawyer’s office. It’s good if you do not really care income the partnerships; how to divide income
about it. But, if your objective is to get as many clients for clients they have individually brought in;
as you can, you must set up a system already. What if discuss expectations).
you have a client meeting in Marco Polo, a hearing in  Partners agree on how to contribute to the cost
Davao del Sur? Who’s there to help you? of operations (rents, staff, utilities, office
supplies, including information technology)

Like you are the one who applies for certification, other
documents and papers. That is why new bar passers do Some of the more complicated partnerships, they invest
not go to solo practice immediately. so much that they get points out of this invested. So
they can argue that I brought this much client, thus, I
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 10
Based on the lectures of Atty. Cecilia Angeles

got this much points, and then, you can demand a Then, you may need a marketing professional, if
higher pay. The points will be the basis of your share. necessary, who will be assigned in communications and
That is if you are a partner. If you are an associate, you in bringing more clients. Advertising is not supposed to
have a fixed salary as an associate. be ethical, but there are ways in going around that. You
can be creative. Sometimes, we lawyers we tend to be
modest of our achievements, but if you have four
children to send to Ateneo de Davao, you need a lot of
In other law firms they have an agreement as to where
money. While young, you must be more aggressive, you
will the money from the notarial funds go, usually, it is
must be out there presenting yourself, you must bring
placed in the common funds of the partnership. So if
in more clients, because this will translate to income,
you are a ten-lawyer firm, you have to make sure that
people engaging your services.
you have an organized structure. Somebody has to be
assigned as to the day-to-day operation, so someone
has to be a managing partner. The managing partner
oversees the money of the firm, the overall person. You won’t like to turn down any client. You deal with
one case, and then you develop such expertise. It is
manner of presenting yourself. Wrapping yourself, not
with myth, but you can study each case. You learn as
Then you have to have a human resource partner, not
you go along.
somebody who has a Ph D in human resource, just
someone who will address the concern as to human
resources. He will oversee the appointment of staff,
how to dress in the office. This may not be a legal
concern, but this boils down to the core of the office.
Happy office, happy staff. 3. Joining a corporate law department

Then we have a general counsel, or somebody who will Option of being a legal officer in corporation law
oversee if there are conflicts of interests in handling the department, we are talking about corporations. Like in
cases. If there are conflicts of interest, he shall be the Coca-Cola, they have external counsel. When they think
one to decide on who will handle the case or represent that they will need a lot of lobbying, they tap partners
the client. who are prominent in the society, or have lobbying
powers. But such corporations have their internal
counsel or general counsel.

Then we have a chief financial officer. Make sure that


your books are updated, and have an accounting of
your income. So, your financial department will also be The nice thing of being a lawyer, unlike other
the one to oversee whether or not your firm is earning. professions, after you finished banking and finance, you
Because if you are not earning you cannot expand. If get hired by a bank, you have to go up through the
you are earning, maybe you have plans of transferring ladder. A lawyer, in the organizational structure, is
to a bigger office. It would be a lot better when the immediately under the office of the president. Because
chief financial officer is not a lawyer at all, because he the president usually needs the services of lawyers.
will just tell you straight that you just need to bill more.
What he is after is that you must bring more clients.
And it can also be an accountant that you just hire per Generally, position offers higher compensation and
period to do the accounting. other pecuniary and fringe benefits not usually enjoyed
in private practice (large law firms through creating
their own fringe benefit package like health cards.)
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 11
Based on the lectures of Atty. Cecilia Angeles

How do you join a corporate law? It can either


be:
 Disadvantages
a) referrals;

1. Difficult to a lawyer to switch to private practice b) recruitments; or


because of financial considerations.
c) pluck out of private practice.

People working for business corporations


hesitate to go to private practice because they
Future of a lawyer in a corporate employer
are giving up high compensation.
Law department careers are usually put in
favorable lights with stress on how varied,
2. Work is limited by the legal concerns or import and exciting are the legal problems dealt
business of the employer; some employers y a corporate counsel, the excellent
allow their lawyers engage in private practice opportunities for advancement, with allusions
on the side but a rarity than a regular practice. to prospects of ultimately moving up into
management, and the favorable financial
remuneration including starting salaries,
3. In formal law departments, the head lawyer is regular salary increases, and such
referred as general counsel who carries the supplementary fringe benefits as bonuses and
responsibility as director or officer of stock options.
corporation.

The head lawyer reports directly to the


president. The usual basis of sectioning is the
 Other Disadvantages (c/o Barte)
legal subject matter – for instance tax,
corporate affairs, real estate, litigation, patents,
labor, immigration, and insurance. In some 1.lesser chance of doing litigation work
corporate department, there is some kind of
formal sectioning is done by administrative,
individual corporate subsidiaries, civil, law, Corporate lawyers, they do not see each
criminal law special proceedings under litigation other anymore, while those in litigation,
section. they see each other in court.

Every corporate law department adopts a 2.isolation of many corporate lawyers from
system by which lawyer’s work is assigned. The professional contacts outside the company
corporate policy must be to comply with the and busily engaged in its daily routine as to
law as the law department construes it and all lose lawyer’s sense of proportion of
officers and other management employees and craftsmanship in approaching legal
all the lawyers in the law department must problems and to substitute off-the-cuff
know this is to be the case (O’meana, 12 the impressions
Business Lawyer)

3.hard legal study and analysis are usually


encountered by private practitioners
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 12
Based on the lectures of Atty. Cecilia Angeles

Your drive to know more is not as much as Legal Counselling


those in private practice. Imagine that when
you pass the bar, you think you no longer July 9, 2012
need to study. No, it is a constant discipline.
Chartering an ideal law Office: Putting a new law office
4. Government employment (government offices and
institutions, and GOCCs) -were talking maybe after 4 years or 5 years and you
have set aside an amount to fund your own law office.
It is the biggest single employer of lawyers. Government Even it is just a small law office; it is still an expensive
is always a fall back for those who can’t find their luck in undertaking to run. You need office staff like
private practice. messenger, secretary etc.

Physical set up – where to build your law office.


Government employment covers all branches such as Location is very important. You should be near the
constitutional commissions. The DOJ is the mother location of big clients. Nowadays I can see law firms just
department of the prosecution service – Sol Gen, beside a cafeteria, or hardware or automotive store.
Government Corporate Counsel, PAO. The judiciary These clients may need notarization of documents from
departments, GOCCs and other governmental time to time. Not necessarily in a high rise building or in
institutions, in the provincial and municipal positions, a second floor building. As long as you can bring in
the legislative departments which involves policy- clients, that’s okay. Law practice is a very noble
making in both Houses. So, hindi talaga ako maniwal if profession.
there is someone who is an unemployed lawyer, sobra
naman yun. (LOL!) I know of a law office where the wife runs a beauty
salon and from the outside you can see a sign XYZ law
firm. So a law office operates there. This is done maybe
to cut the cost. You combine business to have only 1
 Advantages rental.

You have to have a good staff. May telephone courtesy,


1. Steady income – future GSIS pension may office niceties. Especially Filipinos do not have that
2. Not as stressful as private telephone courtesy. Teach your staff office manners.
3. Room for advancement in bureaucracy Office staffs that are not nagging each other all the
4. For women, accommodate domestic schedule time, too noisy like NCCC sales staff.
5. Develops expertise for private practice
6. Salary depends on salary grade, but generally In my office in Canada, it is so quiet that even if a pin
high dropped, you can hear it. People just work and do not
chat at each other. Do not allow your staff wearing flip-
flops (with toe nails uncut) while roaming around the
 Disadvantage
office.
1. You get stuck up to your job
What must an ideal office have?
It is because with a well paying salary, you find
 Is the office appropriately indentified or
it difficult to leave the same employment which
accessible? With huge names on top of the
guarantees you future security like being
building to show people that there is a law
entitled to a GSIS pension upon retirement.
office. Some clients just walk in if they wanted a
- Carell Ryza Nartatez- document to be notarized. so if your location is
okay, it would really help.
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 13
Based on the lectures of Atty. Cecilia Angeles

 Does it present a neat appearance? Are the files  Do you discard obsolete books? You may keep
properly set aside/organized? old books for reference but have an updated
copies
 Is there an ample room? Every inch of your real
property must be utilized. Have a space to walk  Are books maintained in good repair. But with
around. the advent of e-books or other software you
can have them. But iba ang dating ng physical
 Is the ventilation adequate? The aircon is books than an e-book especially in dealing with
functioning or at least with an electric fan clients.

 Are walls attractively decorated? This will show  Equipment – (typewriters, adding machine,
your personality. Try to avoid cutie cutie stuff. computers, photocopiers). For photocopiers, if
They would be nice if they are just accent in a you buy it, you will be stack with that machine
table. They are okay for a pediatrician. Just put forever and pay a repairman if there is a need. If
paintings (even a reproduction) with nice you just rent, its kind a expensive but at least
frames. To show that you a professional lawyer. you are assured that they will maintain it daily
and update for a new version when you renew
 Are offices cleaned regularly? If you enter a your contracts. In my experience, big law firms
lease agreement you should ask if they provide tent to rent photocopy machines. They treat it
someone to clean the office or it is you who like just water and light. They want the latest
have to be responsible for that technology and not stack with the machine. You
can replace it whenever you want.
 Do you provide for drinking water facilities for
the client and staff? If a beauty parlor can For your computers or wifi, you need it since internet is
provide for iced tea, no reason that a law office part of an office already. A big chunk of your work is
cannot do so. Tell your assistant to offer the lessened by internet and you work efficiently. You also
client something to drink especially if they have need adding machines, and typewriters. Whether you
to wait. like it or not, you need typewriters. Especially
government forms which can only be filled by
 Parking facilities. typewriters but at least an electric typewriters.
 Washroom faculties.  Inter office communication – fax machine,
scanner because some clients do scan
 Reading materials ( legitimate newspaper or
documents and send thru email. You have to be
others)
fast, technologically updated.
 Have a conference room to discuss confidential
 Technologically compatible – software for huge
matter. Remember the rule on confidentiality of
document like advance adobe program for
agreement between you and client. Your staff
scanning and storing data. You can do a lot of
must sign a confidentiality agreement. Warned
things with that software for easy retrieval of
them that if confidential matters leak, they may
voluminous data.
be held liable too. Make your staff aware that
information that comes to the office especial  Software on accounting, book keeping.
from clients must be treated with utmost
confidentiality.  Train your staff to be accommodating (like “ay
dili man na mahimo mam/sir”) staff should be
 Library – for your SCRA, law books. Even just a trained to become problem solver. Try to do
small table with book case. something out of the box.
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 14
Based on the lectures of Atty. Cecilia Angeles

Opening a law office magkakawalaan. You should be able to track


who’s getting what.
In opening a law office this also means organization.
You have to be organized because that is the key to • Numbering of folders, number of bellows. If you
efficiency. You have to design your system on how you have a smart assistant, she should find ways to
do it. Each and everyone have their own style. But be able to organize the files.
everybody should have an efficient filing system.
• Color coding of folders ( example: white for
FILING SYSTEM general correspondence, red for billings, the
rest are brown folders)
o Lawyer will design the filing system for his easy
access.

o Major categories of files: Accounting files - You have to know your accounting
files if you’re earning or not. So that you know your
 Client files collectibles or how much your payables are. Some big
firms have chief financial officers, they are not lawyers.
 Accounting files They just look into your performance if you’re earning
money for the firm or having problematic accounts.
 Admin files
• Separate from the accounts folder. You have to
have a book keeper to check your payables or
receivables. Do not make your assistant your
If you have a good and efficient secretary it would take
book keeper baka maging hawak ka nya sa leeg.
half a load off your back. You will just think on your
legal issues. A good assistant will always keep track of
• Office accounting for clients. Always deposit
the deadlines, billings and others. You don’t have to
any money that coming in. Account all funds
think of those things.
especially client money.

• Salary of staff. That is in your accounting. Even


you, you have to give yourself a salary. Do not
Client files –
treat it as your money. Think like you are also
• Must contain folders (expandable files) up to 2 an employee of that firm. So that you will be
inches. In North America, they have these able to know which fund is your profit or
things which can expand up to 5 inches. That is income of your office. Most solo practitioners
the basic file folder. are confused. They do not have financial plans;
they mixed funds so they cannot determine
• Folders for client contact details, general their income. You have to distant yourself from
correspondence, billing address and contact the law office. Give yourself allowances (for
numbers, email addresses of client especially if coffee with client and other expensed) and
it’s a big office client. Sometimes office account for it.
addresses are not the billing address. You have
to update your files. Print those important • Account receivables / accounts payables.
emails. Bookkeepers shall fix this and you shoud not
worry baka maputulan ka dahil may red bills
• If litigation file, make folders for pleading. You
have to subdivide files if it is already a big file. If • Overhead expenses and government fees.
other people will work on your files, hindi
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 15
Based on the lectures of Atty. Cecilia Angeles

Administrative file Electronic Data Bank

• Personnel folder – must sign confidentiality of  Supreme court decision – you can buy software
agreement; depending on how efficient the for some providers
organization should be.
 Word processer - for templates etc
• Membership in professional organization – IBP,
or other local chapters.  Billing

• Publications (articles written and published)  Accounting


part of their professional development. This is
also a way of advertising your expertise. There  Office networking
is this publication in America where your law
 Avail software applications for efficiency -
firms are published but you have to pay for it.
bookkeeping
This is regarding the expertise, so the
publication rates the law firms according to
expertise so as the lawyer. This is for
recognition. - Philip Galagar –
• Marketing – this is about sponsorships.

• Office lease agreement. Legal Counselling

• Information technology. August 2, 2012

Calendar System CONTRACT OF EMPLOYMENT:

 Must set up calendar system in the office. This Express or implied, verbal or written
is for deadlines, schedule for the day or week or
appearances in court. So that you assistant can In case of series of work for the client
monitor you.
Discharged without cause: entitled to full compensation
 This could be done electronically.
With cause: not entitled to compensation either under
 Deadline for pleadings must also be monitored. contract or basis of quantum meruit
Arranged according to the most pressing.
If abandons case or withdraws without justifiable cause
 The following week’s schedule should be before its termination, unless with consent of client
finalized on the Friday of the previous week and
this shall be given to lawyer. Usually the
secretary print the calendar on the Thursday so
that on the Friday the lawyer knows his Contingent fee contract
schedule and he can make use of the weekend
if there is a need rush something. The assistant As long as contract is not tainted with fraud, undue
must know your schedule influence, mistake or suppresion of facts on the part of
the lwyer terms of contract shall be implemented
against the portion of the client's property subject of
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 16
Based on the lectures of Atty. Cecilia Angeles

the contract but only if the suit or litigtion is favorble to Establish targets: identify types of works and clients,
the client and identify specific audiences and communities that
will allow the interface with the lawyer

If case is lost, no payment of fee


Identify 3-4 Business devt activities in a year
If fee agreed upon is unconscionable, court may step in
to make it reasonable - something lawyer likes and does nturally

Other factors: - get active in

Other unexpected incidents like filing and arguing a Trade orgs


motion, estimated time and effort to be spent for
arguments

Expenses to be incured in erfecting an appeal, Support execution- report back and follow-through
preparation of appeal briefs,

Track results- vis- a-vis your financial plan so success


Business-like approach in fixing and payment of attys can be measured
fees

Delays must be explained to the client


Canadian lawyer magazine feb 20, 2012
Bottomline: transparency

Marketing of services: draw a marketing plan


Business developing/ marketing for law practitioners
Impt considerations:

- know what your clients value


Getting your name out there
- know your goals- short, long-term
Big law offices have rainmakers, the rest pf lawyers do
not develo their books of business - know resources- how much money can you spend in
marketing
Aim for sustainability of practice
- focus your resources to your target segment
- to achieve success in their legal careers

- to promote growth of their law offices


4 Ps of Marketing
Strategies: marketing is a contact sport
1. Product: identify a need, then provide a service that
- pursue profile and confidence-builidng activities adresses that need uniquely. Don't be a "me, too" law
firm, create a quality product or service
E.g speaking engagements, publishing articles, etc
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 17
Based on the lectures of Atty. Cecilia Angeles

2. Place: a question of access, physical access, also sure the client is satisfied with this
consider the internet (this has re arrangement; misunderstanding must
be clarified right away
Defined physical acess)

When you kind a grasp already what you are supposed


3. Price: this is the entry point; allows your cients to see to work on then you have to tell the client the scope of
if they can continue their relationship with your office your work, what you can do and what you cant do and
make sure the client is satisfied with this arrangement
and misunderstanding should clarified right away.

4. Promotion: within thebounds allowed by ethical rules


(advertising your name in magazines, referrals, etc
So if there are misunderstanding like
akalakobaattykasama yang out of pocket expenses sa
lawyers fee nanapag-usapanna, akalakobahindi nay an
Never take more clients than you can handle with loving ichargesaamin. So the 1stinstance clarify it right away.
care

For endless referrals, build relationships to last. Keep


your friends close and your enemies closer, you never - Personal demeanor and behaviour of lawyer
noe where that referral will come from. towards the client

When building your business strategies, keep in mind o Doing a good job not enough;
the client perspective foremost in both delivering and
marketing our legal services

The practives of law is a business and pleasing the There are some lawyers come in different sizes, there
customer benefits the customer and lawyer. are lawyers very gorgeous, very dignified, there is also
like the justice secretary (I suggest not to follow her )
you don’t have to advertised that you are a lawyer very
stiff even with wearing scrap but I do like scrap but
-Raia Tumanda- since Sec De Lima wear it every time I will find another
accessory. 
Legal Counselling

August 6, 2012
Men lawyers who like to sa end pa langng hall of justice
Keeping Clients
shouting agadpanyero, there are lawyers paluoi2x
langug dating, you know if you are a lawyer you should
be able to stand up and have that confident personality
- Protect and nurture the relationship but not to the point of being boastful.

o Client is boss

o Define relationship from the start, Your behaviour and appearance really matters in
things you will do and do not do; make dealing with the client, do you inspire the client? Do you
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 18
Based on the lectures of Atty. Cecilia Angeles

appear like the client trust you? Do you have clean mgenglish2x, pgbinasaya sad what is important is that
finger nails? All this class will matter so you need to be he understands you.
professional in your appearance, bakanaman you went
to the office perohindinakaplantsaanginyong polo &
barong so it is not enough to do a good job.
Promptness is also important, do not procrastinate
because we lawyers we live by deadlines. So lawyers
their professional life run by deadlines so do not
Example meronka motion din you are with your client in procrastinate. Some lawyers pag-early pa dli pa
the court pro sasabihinng client mabaho man siAttyoi, mgworkang mind then pag4pm nadhanamgcge dictate
panalongaang motion mo pro sa secretary so who suffers from the pressure of the
nahirapannamnhumingaang client so doing a good job deadline? You poor secretary suffers because eventually
is not enough. she would be the one typing or filing so that is unfair!

Human nature always calls for sympathy, so when you Courtesy. We Filipinos it is not innate in us namagthank
go to doctors din you are explaining already lahatng you paranganghirapngmgthank you bah. But if it is with
feelings mo pro parangwlalng so mainiskatalaga so dpat the client you have to be courteous.
you must be sympathetic to your client.

Example your client was confronted with credit card


debt and has been sued for collection also needs a o Availability at all times, telephone
sympathetic hear ear, so calls, emails, text messages
huwagmonamansabihinnacgeka man gudgastos so
knggibayarannanimowlanauntaproblema, you should
not say that. You should say may be by the time you
have a money we can settle half of this we do not have Always remember that if you communicate with the
to go to the next hearing, meron pa man yang client make sure you have a hard copy, because there is
mediation wag no substitute for documentary evidence yungmga text
namansabihinbamalakinaitomasyadomalakina interest nabuburayan. In North America for example they issue
nito bah! So pag-ganun goodbye law practice. subpoena ducestecum through emails so they will print
that hindiyannawawala.

Whether you like it or not you cannot say that when the
o Friendliness; promptness (no client is calling in 11pm you will end the call, yun pa
procrastination); courtesy, respect for naman client who are calling because they need
clients; business-like attitude; something or they remember something to tell you all
of the sudden, you have to answer it because some
consideration in keeping the clients informed or client will be irritated because they think they are
updated; paying but they cannot reach you. But of course after
you answer the call you can say to your client that such
matter can be attended in the nest day such be made in
a very polite and diplomatic matter.
Friendliness is very important. Kung ang client mo finds
it so hard to express himself in English wag karinnaman
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 19
Based on the lectures of Atty. Cecilia Angeles

o Opening alternatives or options to


client for speedy disposition of cases
- Keeping the clients informed on what:

You may discuss the clients with the status of the case
o Update of case or matter subject of like after six months there is a possibility of entering
retainership into compromise with the adverse party, you should
discuss this with the client. You should not say
natapusintalaga naming ang case bapanalotayo, pro
talonamansyasaattys fees. So to be fair and to show
So say what is there is nothing going on the case, you your client that you are in good faith you must discuss
still send the client about the status of the case this with him.

Let us say after the hearing this week you must send o Bringing client abreast of development
client a status letter regarding the status of the case. in area concern

The whole point of sending the client letters so that This is true with specially to the corporate clients like
your client will be impressed of your industry and of their area of business are politically sensitive, like a
course with the industry comes the billing statement. mining firms, so the lawyers should keep track with
regards to the bills in congress. So if your client is a big
entity and it seems that they will affected by legislation,
by local legislation like zoning you have to tell your
o Prompt response to inquiries (re
client that is part of your service. Especially if you are
billing; status of the case)
the retainer of the client.

So for a case namatagalmatapos, like a simple civil case


is 2 to 3 years, so as much as you wanted the client to
know the status of the case you must also clarify with
o Transparency in billing
him the billing or expenses like the photocopy,
peroyungmga status letters mo wag
mongichargebakasabihinng client naAtty wag
kanalngmgsendng status letter.  When you sent your statement make you must detailed
there the work undertaken during the past period.

So you have to update and don’t be late in your billing,


or don’t delay as long as you have like the itemized - Train personnel or support staff for
expenses for your client and the description of the work professionalism; must understand pressure of
done then that would be good enough to bill the client. legal work and confidential nature of work.
Of course your status letters must also be filed, there
must be a separate folder for that.
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 20
Based on the lectures of Atty. Cecilia Angeles

Do not think that keeping the client only your office but there are also are so particular of the offices.
relationship with him that matters, it is not, it should be Make sure there is a room there wherein you can make
the whole office. So kungang assistant conversation without being heard by the entire office.
momasyadongmabagal that will reflect on you right? So
make you’re your assistant/staff are properly train they - Rosalie Nuneza-
must know and appreciate the kind of pressure that
they have and they must be courteous, respectful and
must know the confidential nature of the nature of the
work.

So you must also train your staff that they should be


professional in dealing with your clients. They should
also know that when there would be deadlines they
may end up working late, they should be able to have a
proper conversation.

- Must always be in touch with the staff; staff


should be trained to handle with clients who
always need asap attention

Now, when you get to be out there playing golf, but you
ought to be reachable by your assistant. You cannot just
leave your phone in the clubhouse because that is not
good your client might go crazy trying to reach you. So
for as long as there is a signal you must be reached.
Make sure that you should answer the text messages of
your client you may be not personally answered it but
you can ask your assistant to answer for you.

What the client really appreciates is the quick response.


If there is a valid reason to call you so answer it and
discuss it may be over the phone.

- Office must be conclusive for private


conference

The office must be a nice place to deal business with.


There are clients you don’t mind the appearance of the

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