LEGAL COUNSELING

Syllabus

I. BEGINNING A LAW PRACTICE

A. Definition of terms
B. Importance of legal counseling
C. Importance of lawyers in society
D. Legal Ethics as essential component of law practice
E. What is considered practice of law

II. WORK TASK OF LAWYERS

A. Law practice classified

Brunet vs. Atty. Guaren, AC No. 10164, March 10, 2014
Cayetano vs. Monsod, GR No. 100113, September 3, 1991
Narag vs. Atty. Narag, AC No. 3405, March 18, 2014
Revised Rules of Court, Rule 138-A, Section 34
Cruz vs. Mina, GR No. 154207, April 27, 2007
B. Advice
C. Negotiation and conciliation
D. Drafting
E. Litigation

III. CODE OF PROFESSIONAL RESPONSIBILITY

CHAPTER IV – THE LAWYER AND THE CLIENT

A. Canon 14
Francisco vs. Atty. Portugal, AC No. 6155, March 14, 2006
In Re: Atty. Adriano, GR No. L-26868, February 27, 1969
Perez vs. Atty. Dela Torre, AC 6160, March 30, 2006
Canoy vs. Atty. Ortiz, AC No. 5485, March 16, 2005

B. Canon 15
Ma. Luisa Hadjula vs. Atty. Roceles F. Madianda, AC No. 6711, July 03, 2007
Atty. Jalandoni vs. Atty. Villarosa, AC No. 5303, June 15, 2006
Buehs vs. Atty. Bacatan, AC No. 6674, June 30, 2009
Rollon vs. Atty. Naraval, AC No. 6424, March 04, 2005
Yu vs. Bondal, AC No. 5534, January 17, 2005
Reddi vs. Atty. Sebrio Jr. AC No. 7027, January 30, 2009
Rural Bank of Calape, Inc. vs. Atty. Florido, AC No. 5736, June18, 2010
Dr. Gamilla, et al. vs. Atty. Mariño, Jr. AC No. 4763, March 20, 2003

p. Canon 16
Atty. Salomon Jr. vs. Atty. Frial, AC No. 7820, September 12, 2008
Almandrez, Jr. vs. Atty. Langit, AC No.7057, July 25, 2006
Chua and Hsia vs. Atty. Mesina, Jr. AC No. 4904, August 12, 2004
Dalisay vs. Atty. Mauricio Jr., AC No. 5655, January 23, 2006
Del Mundo vs. Atty. Capistrano, AC No. 6903, April 16, 2012

q. Canon 17
r. Canon 18
Figueras vs. Atty. Jimenez, AC No. 9116, March 12, 2014
Somosot vs. Atty. Lara, AC No. 7024, Jan. 30, 2009
Ruiz vs. Santos, GR No. 166386, January 27, 2009
Baens vs. Atty. Sempio, AC No. 10378, June 09, 2014
Cabauatan vs. Atty. Venida, AC No. 10043, Nov. 20, 2013

s. Canon 19
Plus Builders, Inc. vs. Atty. Revilla, Jr., AC No. 7056, Feb. 11, 2009
Pena vs. Atty. Aparicio, AC No. 7298, June 25, 2007
Atty. Solidon vs. Atty. Macalalad, AC No. 8158, February 24, 2010

t. Canon 20
Rosario, Jr. vs. De Guzman, GR No. 191247, July 10, 2013
Baltazar vs. Atty. Bañez, AC No. 9091, Dec. 11, 2013
Voluntad-Ramirez vs. Atty. Bautista, AC No. 6733, Oct. 10, 2012

u. Canon 21
Bun Siong Yao vs. Atty. Leonardo A. Aurelio, AC No. 7023, March 30, 2006
Orola vs. Atty. Ador, AC No. 9860, September 11, 2013
Uy vs. Atty. Gonzales, AC No. 5280, March 30, 2004

v. Canon 22
Fil-Garcia, Inc. vs. Atty. Hernandez, AC No. 7129, July 16, 2008
Sps. Warriner vs. Atty. Dublin, AC No. 5239, Nov. 18, 2013
Bachrach Corp. vs. PPA, GR No. 176530, June 16, 2009

IV. CLINICAL LEGAL EDUCATION PROGRAM

A. Interview of client
1. Attorney-client relationship
2. Lawyer's authority to control trial
3. Interview techniques
4. Narration of witnesses
5. Trial brief preparation
6. Determination of client's needs and priorities
7. Hypothetical cases
8. Amicable settlement
9. Potential claims, defenses, remedies, and counterclaims
10. Analysis and development of theory
11. Theory development guidelines

B. Investigation
1. Ocular inspection
2. Determination of evidence or lack of it
3. Extrajudicial confession
4. Police report, medical report, autopsy report
5. Interview of witnesses
6. Plans and photographs

C. Preparation of demand

D. Negotiation
1. Characteristics
2. Factors influencing negotiation

E. Memorandum