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Legal Counseling a court judgment, or as a condition precedent to f. Art.

209 of RPC
vest jurisdiction to a court of law. g. Art. 2208 of the CC
Introduction 8. Compromise agreement – is a mutual
agreement or understanding usually reduced E. What is Considered Practice of Law
A. Definition of Terms into writing entered into and executed by the
parties litigants whether judicially or Law practice is more than an isolated appearance, for it
1. Counseling – is the art of giving advice and extrajudicially which serves as basis for a court consists of frequent or customary actions, a succession of
information on a particular problem or judgment acts of same kind.
hypothesis including the adoption of a course of 9. Law Practice – is the act of performing any
action to be taken for the solution thereof. activity pertaining to a bonafide member of the People v. Villanueva. One is said to be engaged in the
2. Legal Counseling – is the (1) art of giving advice bar which is carried out on a habitual or practice of law if he is customarily or habitually holding
and information concerning the solution of a continuous process and translated into action by himself out to the public as a lawyer, and demanding
legal problem (2) arising from a given state of means of (a) giving legal advice, (b) drafting of payment for such services.
facts and (3) adoption of appropriate relief or documents or (c) appearance in court or other
remedies under the law for the satisfaction and administrative or quasi-judicial body involving The appearance of counsel on one occasion is not
enforcement of a legal obligation (4) before a the use of faculty and intelligence of one skilled conclusively determinative or engagement in the practice
judicial or quasi-judicial body. in law who is entitled to a legal fee. of law. Preparing documents and rendering legal services
3. Court of Justice – (1) is a judicial body or tribunal are within the term practice of law.
created by law (2) vested with jurisdiction or B. Importance of Legal Counseling
power to hear and adjudicate litigious conflicts Howton v. Morrow. However, the occasional drafting of
and (3) to award proper reliefs and render  The need for the services of a lawyer who is simple deeds and other legal instruments when not
judgments based upon the evidence presented. trained to assist people confronted with legal conducted as an occupation has been held not to
4. Quasi-judicial body – is an (1) administrative problems becomes a necessity rather than a constitute the practice of law.
body or agency belonging to the executive mere desire.
branch of the government (2) vested with The practice of law is not limited to the conduct of cases in
jurisdiction to hear and adjudicate non-litigous C. Importance of Lawyers in Society court. IT includes the preparation of pleadings and other
cases brought before it by disputing parties and papers incident to actions and special proceedings, the
(4) empowered to enforce its judgments and  A community cannot long endure without order drawing of deeds and other instruments of conveyancing.
orders like a court of law and to punish for and that order cannot be attained without laws
contempt to govern the conduct of individuals. But the F. What is not Considered Practice of Law?
5. Administrative Body or Agency – is an (1) laws can be interpreted only by judges must first
instrumentality of the executive branch of the be lawyers.  The gratuitous furnishing of legal aid to the poor
government (2) vested by law with jurisdiction to  Thus, ultimately, a government of laws is in and unfortunates who are in pursuit of any civil
settle and adjudicate controversies (3) arising effect a government of lawyers. remedy, as a matter of charity, does not
from the interpretation, application and constitute practice of law.
enforcement of the law or administrative rule or D. Legal Ethics Essential Component of Law  The mere search for records of realty to
regulation. Practice ascertain what they may disclose without giving
6. Arbitration – is (1) the process of the any opinion or advice as to the legal effects of
extrajudicial settlement of controversies in the Legal Ethics is defined as that branch of moral science what may be found
administrative level before an arbitrator (2) thru which treats of the duties which as attorney-at-law owes  Work which involves only the clerical labor of
the voluntary will of the parties (3) arising from to his client, to the court, to the bar, and to the public. filling in the blanks on stereotyped form or a
the violation of law, administrative rule or mere mechanical act of copying from a file copy
regulation Sources of Legal Ethics or finished document which involves no legal
7. Conciliation – is the extrajudicial process of thing, is not considered legal practice.
settling disputes thru the voluntary submission a. Constitution
of the parties before the Barangay Lupon or b. Rules of Court Importance of Knowing what Practice of Law is
other administrative body, usually arriving at a c. Decisions of the SC and the CA
compromise agreement which serves as basis of d. Decisions of the U.S. SC  Determination of client-attorney relationship
e. Art. 1491 of the CC
 Basis for filing an action for usurpation of official Issac v. Mendoza. Parties-litigants are bound by the (4) What Should a Filing System Include
functions against one, who not being a member mistakes committed by their lawyers in matters of 1. Client files – these consists of records of
of the bar duly licensed to practice law by the SC, procedure. pleadings and other court records, documents,
represents himself as a lawyer to the public and court orders and decisions, which comprise the
performs acts pertaining to a lawyer by means of Thus, mistakes by a lawyer as to the competency of a bulk of the cases of the different clients who
deception to the prejudice of the bar and the witness, or the sufficiency, or whether a certain evidence have hired the services of your law office.
public. is relevant or not, or whether the defense he had chosen is 2. Collection files – files that determine the income
proper or not, in the introduction of certain evidence or of the lawyer
G. Professional Responsibility witnesses, or in argumentation, of what pleading to file in 3. Personal files – files relating to personal
court or what theory should be adopted, are all mistakes activities of the lawyer.
(1) When Not to Accept a Case of procedure and they bind the client, except for honest 4. General correspondences – refer to all records
mistakes. or correspondences of the law office with other
 Don’t take a case unless you believe in it persons or entities dealing with the office,
 A case on the ground solely that it has “nuisance Bosque vs. Lanzaderas. These mistakes cannot be utilized personnel equipment, charities, etc. not
value” for purposes of settlement as grounds for new trial unless it is shown that the involving clients
 However, if a lawyer is a lawyer de officio in a incompetency of counsel is so serious that his client is
criminal proceediong, the right to refuse an prejudiced and was prevented from fairly presenting his (5) Tips on Billing Clients
employment that is allowable in a civil case case.
cannot apply, because an officer of the court a 1. Nature of the case involved;
lawyer cannot disobey a lawful order of the Isaac v. Mendoza. This is of course is without prejudice on 2. The difficulty and intricacy of the legal issues as
court, much less refuse to defend a defenseless the part of the client to proceed against the lawyer in compared to simpler cases;
defendant on pains of being punished for damages or administratively on the ground of misconduct. 3. The time and effort to be invested from the
contempt of court drafting of the pleadings to the commencement
Chapter I of the litigation in court, the projected and
(2) Scope of Lawyer’s Advice and Control number of court appearance up to its
A. Prefatory Statement termination in the trial court;
 WON a lawyer should advise his client to submit 4. Other unexpected incidents like filing and
to arbitration or compromise agreement, will all Options that lawyers may pursue in order to start a law arguing a motion, the estimated time and effort
depend on the lawyer’s honest and sound practice: to be spent for argumentation;
judgment subject to the client’s final word 5. In case of appeal, the expenses to be incurred in
 A lawyer has control ONLY with respect to the a. Solo private practice perfecting an appeal, preparation of appeal
procedural aspect of the case. b. Assistant or associate or partner in a private law briefs, and additional amount of attorney’s fees
firm for the purpose of appeal
H. Extent of Lawyer’s Authority c. Legal officer in corporate law department
d. Government employment C. Pointers in Dealing with the Client
Dick v. U.S. Lawyers can make admissions of fact but not D. Fixing of Attorney’s Fees
of law. B. Opening a Law Office
Retainership agreement – marks the birth of attorney
Talens v. Chuakay. Admissions in pleadings though made (1) Pointers on Opening a Law Office client relationship
by the attorney without the knowledge of the party, can
nevertheless be used as evidence against him, and cannot  It should be located within busy districts to make Guidelines in fixing the amount of attorney’s fees:
be heard to deny that they were authorized it more accessible to prospective clients
(preferably near government offices and court 1. The value of the litigation involved
The lawyer has implied authority to enter or take houses) 2. The professional standing of the lawyer in the
dismissal, discontinuance or non-suit, which does not bar  Accessible to transportation and parking space community; and
the bringing of another suit on the same cause of action. 3. The difficulty of the issues involved
(2) One Man Law Office
(3) Charting an Ideal Law Office
The amount of attorney’s fees on a contingent basis, may 8. Paper the worlds 1. Anticipated reactions of courts and other
depend upon the agreement of the parties provided that it 9. Do not procrastinate administrative agencies or official or quasi-
is not champertous or confiscatory in nature. 10. Send out n evaluation sheet judicial bodies;
F. How to Obtain Clients 2. Probative value of evidence
Neither should the amount be unconscionable, otherwise 3. Desires and resources of clients and other
the courts could order its reduction to make it reasonable (1) Clients Come Before Reputation affected parties; and
based on the standard of quantum meruit. (2) Begin With Yourself 4. Alternative courses of action
(3) Go On With People Who Know You
In re: Gonzales. But an agreement which requires the (4) Joining a Society or Service Organization (1) Alternative Courses of Action
client to assign a portion of his property subject matter of (5) Assignment by a Court or Judge
the litigation in favor of his lawyer as contingent fee during (6) Donating your Time for Speaking Engagements 1. Indicate his preference as to which course of
the pendency of said litigation is considered a violation of (7) Keeping your Name Before the Public action should be followed by the client
Art. 1491 of the CC, and constitutes an act of malpractice. (8) How to Hold Clients 2. Proceed to argue persuasively as to why the
(9) What Lawyers Think Clients Should Expect client should adopt this course of action; or
Arce v. PNB. Lawyers should be allowed to have and 3. He may try to avoid showing any preference at
recover from their clients a reasonable compensation for 1. Prompt and thorough communication to keep all on which course should be taken, merely
their services the client fully informed on the progress of his posing available alternatives in as neutral terms
legal matters. as possible
Orwing v. Chicago. Unless it is shown that there is a 2. Prompt handling of client’s work
contract of employment or his employment as counsel has 3. Honest and straightforward delaing with the (2) Sidelights of Advisory Job
been authorized, a lawyer cannot recover compensation client, including a careful evaluation of the case, (3) Non-Legal Advice
no matter how valuable the results of his services may a full explanation of the particular problems and (4) Role Conflict in Giving Advice
have been. procedures involved, and a frank and early (5) Lawyer’s Ultimate Word
discussion of fees
In re: Badger. Under R.A. 636, if the contract between the 4. A courteous and sympathetic attitude toward B. Negotiation and Conciliation
attorney and the client is in writing, and the attorney was the client, evidencing a personal and sincere
discharged without justifiable cause, he shall be entitled to interest in the client’s problem (1) Essential Factors in Negotiation
recover from the client full compensation stipulated in the 5. Competence and diligence in handling client’s
contract. affairs Negotiation – the dealing with another in an effort to
reach an accord between the client and this person
But where the lawyer withdraws with justifiable causes he (10) Your Approach to your Client
may recover attorney’s fees on a quantum meruit. (11) What to Tell your Client Elements of negotiation:
Discharge of a lawyer for justifiable cause will not entitle (12) How to Keep Your Clients Happy
him to fees either on a contract or quantum meruit. (13) Avoid Unnecessary Delays 1. Proposals to the other side
(14) Bother your Client 2. Counter-proposals
E. How To Sustain a Law Practice (15) Be there when the Client Wants You 3. Reconsiderations
(16) Look as Effective as your Are 4. Compromise
(1) Some Tips on Specialization (17) Don’t Lose Your Client After You Win His Case 5. Advice to clients
(2) How to Satisfy a Client (18) Changing from Solo to Partnership Practice 6. Client instructions to counsel
(3) Code of Conduct for Successful Lawyers (19) When You Change
(4) Make Client Happy and Comfortable (2) Parties to Litigation
Chapter II: Work Tasks of Lawyers (3) Mechanics of Negotiation
1. Remember whom you are looking for
2. Define the relationship A. Advice Art. 1878. Special powers of attorney are necessary in the
3. Keep in touch following cases:
4. Keep at least two docketing systems Considerations
5. Accept phone calls (1) To make such payments as are not usually
6. Promptly return your phone calls considered as acts of administration;
7. Spend time with your staff
(2) To effect novations which put an end to transaction or deed void, but only voidable until ratified by Litigation Negotiation
obligations already in existence at the time the the client. A third party decides issues Parties with conflicting
agency was constituted; involving others interests seek to resolve or
(3) To compromise, to submit questions to (b) Most Common Subject of Negotiation accommodate to them by
arbitration, to renounce the right to appeal from mutual agreement among
a judgment, to waive objections to the venue of a. Closings themselves
an action or to abandon a prescription already b. Coverage of title
acquired; c. Insurance policies (2) How to Proceed Effectively in Uncontested
(4) To waive any obligation gratuitously; d. Eminent domain awards Annulment Suits
(5) To enter into any contract by which the e. Conflicts between real estate brokers over sales (3) Recommended Short-Cuts in Non-Contested
ownership of an immovable is transmitted or commission Suits
acquired either gratuitously or for a valuable f. Mortgages
consideration; g. Real estate tax adjustments E. Financing
(6) To make gifts, except customary ones for charity h. Lease terminations F. Property Management
or those made to employees in the business i. Tenant relocations and settlement of litigations
managed by the agent; 1. Leasing
(7) To loan or borrow money, unless the latter act (c) Effective negotiation techniques 2. Eviction
be urgent and indispensable for the preservation 3. Contract for repairs
of the things which are under administration; (1) Speeding up litigation process 4. Rent collection
(8) To lease any real property to another person for (2) Concealment of facts 5. Arranging for maintenance services and
more than one year; (3) Shifting negotiation technique insurance
(9) To bind the principal to render some service 6. Payment of taxes and other expenses
without compensation; C. Drafting 7. Acting as executors or trustees
(10) To bind the principal in a contract of partnership;
(11) To obligate the principal as a guarantor or Typical legal instruments creating legal rights and non- 1. Leasing
surety; legal documents: 2. Rent Collection
(12) To create or convey real rights over immovable 3. Eviction
property; 1. Usual contracts and deeds
(13) To accept or repudiate an inheritance; 2. Sales G. Acting as Executor or Trustee
(14) To ratify or recognize obligations contracted 3. Leases H. Specialization
before the agency; 4. Mortgages
(15) Any other act of strict dominion. (n) 5. Wills
6. Partnership agreement
Art. 1879. A special power to sell excludes the power to 7. Articles of incorporation
mortgage; and a special power to mortgage does not 8. Pleadings, compromise agreement
include the power to sell. (n) 9. Decisions and resolutions
10. Press releases
Art. 1880. A special power to compromise does not 11. Letters
authorize submission to arbitration. (1713a) 12. Staff memoranda
13. Advertisement
(a) General power does not include special power
(1) Clarity and Precision Writing
The special authority in Art. 1878 is not included in the (2) Gifted Document Drafter Not Required
general authority of a lawyer to bind his client within the
scope of his contract of employment. D. Litigation

Neverthless, the performance of these acts without the (1) Essential Difference Between Negotiation and
consent of the client does not ipso facto render the Litigation