6.
To abstain from all offensive personality
LEGAL TECHNIQUE AND LOGIC REVIEWER
WHAT IS LAW?
- Rules which govern the conduct of men in their transaction with each
other
- Form in which human conduct presents itself under the necessary
operation of the causes which govern conduct
- Fruit of the myriads of concurring judgments of all the members of
society pronounced after a study of the consequences of conduct and
touching what conduct should be followed and what should be avoided
- Brook Adams: law is a series of phenomena, evolved by the conflict of
social forces and to understand them, one must begin by understanding
the society which caused them
LAWYER
- Indispensable and valuable member of the society
- He fills the gap that would otherwise tend to disrupt the social and
political order
- Not only a necessity to the parties but also a blessing to the judicial
system
- Are essentially peace loving
- Peculiarly realistic
- Brand of realism is one tempered by understanding
PRACTICE OF LAW
- A profession whose main purpose is to aid in the doing of justice
according to to law between the state and the individual
- Public service à justice
WHO MAY PRACTICE LAW
- any person duly licensed and a member of the bar in accordance with
the requirements of rule 138 of the Revised Rules of court and who is in
good and regular standing
DUTIES OF ATTORNEYS
1. to maintain allegiance ot the RP
2. to observa and maintain respect due to the courts of justice and judicial
officers
3. to counsel or maintain such actions or proceedings only as appear to
him to be just and such defenses only as he believes to be honestly
debatable under the law
4. To employ such means only as are consistent with truth and honor
5. To maintain the confidence, and at every peril to himself, to preserve the
secrets of his clients
7. Not to encourage either the commencement of continuance of an action
or proceeding, or delay any man’s cause
8. Never to reject, for any consideration personal to himself, the cause of
the defenseless or oppressed
9. To present every evidence that the law permits, to the end that no
person may be deprived of life and liberty, but by due process of law
THE TASK AHEAD
- The lawyer owes “ENTIRE DEVOTION TO THE INTEREST OF THE CLIENT,
WARM ZEAL IN THE MAINTENANCE AND DEFENSE OF HIS RIGHT AND
THEE EXERTION OF HIS UTMOST LEARNING AND ABILITY”
- The office of attorney does not permit, much less does it demand of him
for any client, violation of law or any manner of fraud
- He must obey his own conscience and not that of his client (Canon 15,
CPR)
SHOULD THE LAWYER PRACTICE ALONE OR IN ASSOCIATION WITH OTHERS?
- A lawyer must decide soon after his admission, if not before, as to
whether he will practice his profession alone, seek employment with a
firm, or from a partnership
- ADVANTAGES of independent practice:
o No interference with personal habits, policy nor character of
practice developed
o Freedom from business interruptions and inconveniences
connected with settlements connected with settlements and re-
adjustments in the event of dissolution of the law firm by death,
disagreements, elections, appointments or depressions
- DISADVANTAGES:
o Lack of group support in cases and matter requiring it
o Burdensome overhead and the lack of adequate facilities and
equipment
o An individual will be unable to install and maintain a working
library
LAW FIRM
- Diversity
- At least 1 person for:
o Management à CPA Lawyer / Accountant
o Primus Inter Pares à Boss
o Social Partner à Marketing
o Research
o Showman à Good Trial Lawyer
- Home (Office base)
o Must be a suitable and comfortable place to work
o Address of distinction
1

o gives the client his first impression - Where no special agreement is made by the parties with reference
o comfortable reception room thereto, the courts are authorized to determine the amount to be paid to
- Budget an attorney as reasonable compensation for his professional service
- Connection with clients - Contingent fees (way to pay an agent – it is done when they have
finished their jobs or a law suit is won) are not prohibited in the
In a law firm, one must be RESOURCEFUL à always find a way to solve the Philippines
problem
STEPS IN OBTAINING / HANDLING A CASE:
Sources of Clientele: 1. Initial Contact à Sounding out
1. Friends 2. Do research on the prospective client
2. Friends of friends 3. Invite prospective client for further, more detailed discussion (including
3. Former classmates questions difficult to answer)
4. Members of group and associations where one belong 4. Decision on fees (time: how long will the case last) must be discussed
5. Fellow parishioners with colleagues
6. Members of Professional organizations to which one belong 5. Preparation and signature of representation (Agreement/Letter) à
client-lawyer confidentiality
Purpose of RETAINER à to ensure that he shall not render services to other
companies **Note: You must make your client feel that he/she is the one à that he/she is
special (“alagaan mo yung client mo” –Romero, 2017)
RETAINING CLIENTS à easiest and surest way to hold a client is to do work to
their satisfaction
- Satisfactory professional services ESTABLISHMENT AND RUNNING OF A LAW PRACTICE
- Admirable personal relations PREPARATION OPERATIONS
1. Office Office Litigation
ESSENTAIL PERSONAL QUALITIES FOR SUCCESFFUL PRACTICE: 2. Staff – Messenger and Secretaries Work section
- Attractive personal appearance 3. Library - Set of SCRA, Phil. Reports and (Solicitors) (barristers)
- Physical charms Leading books on each branch of law
- Ability to save and accumulate 4. Clients – Repeat and retained
Factors to be considered in determining the compensation of an attorney: ESTABLISHMENT & MANAGEMENT OF A LAW FIRM
1. Amount and character of the services rendered
2. Labor, time and trouble involved: the nature and importance of the
litigation or business in which the services were rendered
3. Responsibility imposed PREPARATION OF A CASE
4. Amount of money or value of the property affected by the controversy, or
involved in the employment
5. Skill and experience called for in the performance of the services
6. Professional character and social standing of the attorney TRIAL OF A CASE
7. Financial ability of the client
Material Requirements in preparation of a case:
**Notes: 1. Constitution
- In fixing the fees, it should never be forgotten that the profession is a 2. Appropriate Law(s)
branch of the administration of justice and not a mere money-getting 3. Legal commentaries, Essays, Papers, Journals, etc.
trade 4. Jurisprudence (latest ones)
5. Treaties and International Agreements
2

Research (thorough and relevant) needs to be done on:
1. Law (Constitution, Statutes, Treaties, etc)
2. Jurisprudence
a. Foreign
b. General (National)
c. Local (Ordinances, etc.)
3. Commentaries
4. Facts or circumstances of the case
5. Court and Judge
6. Opposing Camp/ Counsel
PREPARATION OF A CASE
A Study of the Facts and the Law
PREPARATION ESSENTIAL
• First priority of a lawyer handling a case: PREPARATION
• Get fully acquainted with: facts of the case, known or probable
• Preparation has always been the foundation of success in trial
• Most of the work to be done in a case must be done before a man
comes to court, and more cases in the court are won out of court than
are won in it, in the sense that in a vast majority of cases the verdict
goes to the side which is prepared
• More cases are won by the work of preparation than in any other way,
and likewise more cases are lost by lack of preparation than in any other
way
LAWYER’S OBLIGATION
• A lawyer owes it to his client and to the court to possess an adequate
minimum knowledge of and competence in trial work, courtroom
practice and technique
• Fully comprehend and master the mechanics of trial work
• Equipped with knowledge of trial work
• The application of every legal principle is always dependent to the facts
of the case
• Every lawyer should test his legal principles in the crucible of experience
• Don’t learn at the expense of clients
• Trial and error approaches do not make great lawyers
• Diligence and industry and painstaking willingness to sacrifice all for
success can guarantee one a satisfactory law practice
NO PREPARATION IS EVER WASTED
• Every case deserves a skillful and thorough preparation
• A succession of successful trials is the basis of an increasing and more
important clientele
• Preparation adds to the stock of knowledge which a good lawyer must
possess
• Lawyer must be a master of the legal profession
• Must identify himself completely with:
o his client
o the business
o the place of the occurrence
o cause of injury
o technical details of the sciences
• Lack of preparation may lose the case for his client
SCOPE OF KNOWLEDGE OF FACTS
• First step: acquire a knowledge of the facts of the case
• Anything short of mastery should be avoided
• A lawyer should never lose sight of the fact that simple things or little
details may decide the ultimate success or failure of a litigation
FACTS SHOULD BE INTEGRATED
• Understand the relation of each detail to the general whole
• There is wisdom in the diligent and industrious search for the whole
breadth and depth of the facts and their interrelation
EXTENT OF PREPARATION OF FACTS
Proper preparation of the facts includes:
1. Acquisition of general, special, and scientific knowledge
2. Collection of the fact through interviewing clients and witnesses, and
investigating their stories
3. Anticipating and preparing for the opponent’s proof
4. Outlining the elements to be proved
Ability to prepare the facts properly and fully in a case depends entirely upon the
scope and extent of the general knowledge which the trial attorney has acquired
TIME OF PREPARATION
• Facts should be prepared as soon after the happening of the event as it
is possible to do so
• Lawyer owes it to his client to prepare every detail, study every angle
and anticipate every development of the case = long before the facts
have crystallized into clear cut issues
• A general outline and plan with its various objectives and methods of
approach should be considered and tentatively decided upon and set
down in advance of the hearing
3

SOURCES OF INFORMATION
1. Preliminary Examination of Client
• Client consults a lawyer either for the purpose of commencing a
litigation of prosecuting or defending one already begun
• A lawyer must get a client’s true bearings in order to avoid being
lost in the maze of confliction contentions
• First task of a lawyer: development of the facts
• Interview with the client should be very searching and detailed
• Client should first tell his story with very little interruption
• Then all pertinent questions should be asked to clear up details
not clearly understood
2. Interviewing the Witnesses
• Enlist sympathy of a witness
• Interview the witnesses as soon as possible and get their
statements or version of the facts before they have become
biased
• Don’t let the opposing counsel to be the first to interview
witnesses that might naturally be favorable to your client
• Preliminary examination affords the lawyer a glimpse of the
possible corroborative testimonies
3. Proceeding with the Examination
• Sit down with your client and go carefully over the facts
• Take up list of the witnesses to see that you have the names of
all, and the facts to which the attention of each is to be called
• Notice the peculiarities, degree of intelligence, habits of speech,
and general appearance to arrange the order and manner of
examination
• Make the best possible use of the materials at your command
• Preparatory of investigation is prosecuted for the purpose of
securing the ruling facts of the case
• Have the client and witnesses write out the story as they know it
with all the names of the various people who could prove each
detail of said story or what written memorandum of any kind
would corroborate such statement of fact
• The more times the witness writes his story and retells it, the
better he will deliver it from the witness stand
• Client and all witnesses should be cautioned against trying to
memorize the exact words
ASSEMBLING THE FACTS
• Start to prepare the facts of the case by considering what additional
facts it will be necessary to prove to constitute:
o a good cause of action if representing the plaintiff
o a good defense if representing the defendant
o what witnesses will be necessary
o are the witnesses interested or disinterested
o what corroboration is there
o what documentary evidence is there to prove the client’s
contentions
• Analyze the facts of the case
• Study the facts that must be proved in order to win the case
• Should also take stock of the other party’s side
Preparing for the Opponent = very essential part of preparing your case
STUDY OF THE LAW OF THE CASE
• Make a careful search for authorities that will support the theory of the
client’s case
• Have a definite problem to solve
• Have a definite proposition on which he wishes to find authorities
• Problem should be kept constantly in mind
• End desired can be attained only by conducting the search for
authorities in a systematic manner and in accordance with some
definite prearranged plan
• Whatever method is adopted for making a search, it must be followed
constantly and consistently, with the goal always fixed in view
SCOPE OF PREPATATION OF THE LAW
Proper preparation of the law involves:
1. Recognition of the various propositions of law involved, whether for or
against the client’s cause of action or defense
2. Finding of favorable authorities for one’s case of action or defense and
against the contentions of the opposing party
3. Marshalling the jurisprudence into an understandable and convincing
whole
THE HYPOTHESIS TO START WITH
• Make a careful examination of the statement of facts submitted and a
minute analysis of its component parts, for the purpose of determining
just what are the problems presented by those facts
• Must have a clear and definite conception of what you are looking for
• Provisional hypothesis should be merely a working hypothesis and not
necessarily the fixed theory of the case on which it is fully tried
4

THE SEARCH FOR PRECEDENT
• Provisional hypothesis must be formulated after careful and • Search for the concrete applications of principles to facts, or the
discriminating analysis of the facts concrete interpretations of the statute in view of the facts
• Lawyer should consider the hypothesis as a means to an end • Systematic search through the textbooks, encyclopedias, digests for
• When you meet a legal problem, think it out, reason and reflect upon it, authorities of cases involving similar facts and principles
and solve it in your own mind, and in your own way, before you search
for cases concerning it WEIGHT OF AUTHORITIES
• Must select those that possess real authority by determining those that
THE VALUE OF ACADEMIC PREPARATION are authoritative and those that are not, and also by selecting those that
• With the aid of books or of previously acquired knowledge, he may are of greatest value among the authoritative
reason out the law of the case
Decisions
WHERE TO LOOK UP THE LAW OF THE CASE • Depends on the circumstances under which it was pronounced and
Sources of Law under which it is to be invoked by the brief maker
1. Written or statute law • Authority of a decision is limited by the facts
2. Unwritten or common law • Dicta – statements which are only persuasive
3. Body of law – has its origin in adjudication
Statutes
Decision – only arises out in action • Imperative authority in the state of its origin
Action – is a proceeding in a court of justice whereby one party seeks, against
another, to secure the enforcement and protection of some right and the redress ANALYZING THE AUTHORITIES
of the prevention of some wrong or the punishment of a public offense • All citations of authority be thoroughly read, analyzed and digested and
briefed both as to the law and the facts before being presented to the
Repositories of Law court
• Statutes and Decisions – the only repositories of law
• Authority Outline of Propositions Involved
o Concrete • The most effective method of analyzing the questions of law involved in
§ Books of primary authority – authentic repository of law the case is to list on paper each and every proposition of law that
itself, statutory law and judicial decisions presents itself
§ Books of secondary authority – ascertaining, DOCTRINE OF THE CASE
explaining, and expounding the law • Ratio decidendi/doctrine of the case – proposition, rule, or principle of
§ Search books – devised to aid the lawyer in his search law, applied in a case and of the existence of which such case is
for authorities regarded as evidence
o Abstract – influence of power
FACTORS THAT AFFECT THE WEIGHT OF DECISIONS
THE APPLICABLE LAW
• Discover whether the case is governed by any provision of the Value of a decision depends and may be determined by two classes of factors:
constitution or statutes 1. Internal factors
• An actual search must be made a. Intrinsic nature of the expressions or statement of law in the
• Investigator must never rely on secondary sources of information but case
must use only the actual statute b. Relation bear to the points in the litigation
2. External factors – nature and standing of the tribunal to be influenced

5

Must take into account modifying circumstances
• The fact that it was rendered in a case of first impression:
entirely new question of law
• Failure to cite authorities as well as the character and applicability of the
authorities cited in an opinion
• Existence of a dissent by a member of the court
• When the decision was made by an equally divided court
PREPARING FOR THE OTHER PARTY’S MOVES
• Anticipate the questions likely to be propounded by the opposing
counsel
• Prepare for rebuttal and support contentions with an extended
memorandum
• Anticipate a number of things which his opponent has failed to present
Meeting Opponent’s Authorities
• Complete search for authorities that may be relied upon by the
opponent
• Complete familiarity with the law to be used by opponent
The Theory of the Case
THEORY OF A CASE – orderly and comprehensive arrangement of the facts and
principles, conceived and constructed for the purpose of securing from the court
a favorable judgment for the litigant
- It is not an error to assume that one or two material facts are so
important as to fully control the entire case
- A material fact alone by itself may mean nothing in relation to the issue
before the Court, but may be viewed as one link in chain of events à
may constitute a line leading to the desired conclusions
- Clarity of the theory à theories must be clear and harmonious because
if there is obscurity and conflict, it can neither be effectively developed
nor strongly presented to the triers of the case
- Facts must not be jumbled together in disorder, nor must principles of
law be thrown together in a mere huddle
- Theory must be arranged in a way that the principles may be logically
understood
- Theory must inspire belief à a judge must believe that it is true
- The theory should approximate the concept of the Court in the matter
- The lawyer must scrutinize and exert every effort to verify the fact,
authority and precedent to determine the weak spots which could lead
to the theory of the case
- The construction of a sound theory requires the highest powers of the
human intellect
- Mr. Donovan: “the science of good practice is that-art which teaches a
builder to discard bad timber to prepare what he uses with precise care,
and fit it with precision to the members of the building; that teaches a
mason to make joints before reaching the buildings he is erecting. The
plan in the brain is the science of it all”
IMPORTANCE OF A THEORY
• Theory must form the skeleton or outline of the complaint or answer as
the case may be and of the other pleadings therein
• Pieces of evidence must be at hand to sustain pleadings
• Authorities and precedents must be gathered to support this structure
Theory Determines the Pleadings and the Course of Trial
• Necessary that it should be contained in the pleadings
• Essential to the formation of the issues, and to the intelligent and just
trial of causes
• A complaint should proceed upon a distinct and definite theory
• A complaint must proceed upon some definite theory
WHAT IS A THEORY
• The completed result of philosophical induction
• Necessary result of knowing anything of a subject
• Comprehensive and orderly arrangement of principles and facts
• Conceived and constructed for the purpose of securing a judgment or a
degree of a court in favor of a litigant
• One’s chart of how he can effectively pursue a cause of action to a
successful conclusion
• Determine on what particular provision of law he would like to sue, and
if so, what are the requisites of this particular cause of action
Theory and Hypothesis Distinguished
• Terms are not synonymous
• Theory is something of a more permanent and complete character than
the thing denoted by hypothesis
• When a theory is constructed, it takes the place of the hypothesis
• Theory means something more than the explanation of an isolated fact
PROBABILITIES AS THE BASIS OF EVERY THEORY
• Probabilities are evidence
• The goal is to color the circumstance with probability, and probability
generally secures the verdict
• Circumstance of a case require the most careful scrutiny and the most
rigid analysis
6

• Circumstances often create probability
• Probability is the prime factor in all forensic contests Probability Column Exercise
• It is the circumstances that give color and character to all complicated FACTS and PROBABILITIES HYPOTHESIS THEORY OF THE
cases CIRCUMSTANCES CASE
• Circumstances constitute the atmosphere of complex causes Try it out first.

What is Probability Why did he do it? Make sure it is

• Probability is consistent with human knowledge and experience, Fact 1 Must conform clarified, don’t go
improbability is against the experience and knowledge of mankind with human Introduce overboard.
nature and hypothesis that
Hypothesis Must Be Natural something an act forms Should already
• Frame such hypothesis as shall appear probable Fact 2 or thought that is association be formed before
• Mere airy speculations or visionary conjectures will miserably perish in consistent with trial.
the fierce clash of the contest human nature Building block for
• Rational, conform to experience, and are supported by probability and experience a theory Clean, coherent,
• Must not be improbable accurate, solid,
Fact 3 clarity and must
FORMING A THEORY be related to one
• Understanding and imagination are two valuable assets another.
• With imagination, the lawyer builds up his theory
WITNESSES
• Through imagination, a lawyer can guess out and anticipate what he has
- Choose wisely
to meet in his adversary’s case and thus forestall the effect of what he is
- Must be articulate
to bring against him by being prepared to counteract it
**Note: it is the lawyer’s job to handle witnesses
STRENGTH OF THEORY
• Essential element of theory should be probability
GOOD WITNESSES BAD WITNESSES
• Only a certain degree of consistency with ordinary human affairs is Obedient to script - Those who are not articulate
required - Rebellious streak
- Lazy witnesses
Harmony Between the Details
• Probability of a theory depends upon the details almost as much as
upon its general frame Lawyer’s constituents:
• Skillful selection and arrangement of details, so that one shall naturally 1. Client (Honesty 100%)
seem to follow another, and all united in establishing on central Opposing Counsel (FOOL)
conclusion makes a theory impregnable 2. Court
• Various details of the entire story must fit into the theory
• Each fact must have some connection with the other Can you fool, mislead, confuse, and obfuscate the opposing cousel? YES. It’s part
• Clearly and strongly establish a natural relation between the facts of winning

Is winning everything? YES. If you lose, your practice will also lose