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LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 1

Based on the lectures of Atty. Cecilia Angeles

Lecture 1 RACTICE O! 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
Legal Counseling is basically, is meeting your client, translated into action by means of giving advice,
knowing his woes, knowing the reason why he came to drafting of documents or appearance in court or other
you and giving advice. For a lot of people, you come to administrative or quasi-judicial body involving the use
a lawyer, and say attorney, ang sanga sa mangga of
sa among silingan, nagbarog na sa akong fence. !wede  faculty or intelligence of one skilled in law who is
ba nako na putlon"# $hat is already a legal issue. Can entitled to a legal fee.
he cut such branch of that mango tree" Can
Let0s break it down6
somebody remember the law on property" %& can
hear people whispering haha'( Can he cut down that  Any activity pertaining to a bona fide member of the bar 
branch" )us nakalimot na lagi' *hen was the last
time you had property" Last year" +y goodness' ou 2 ou have to be a member of the bar for you to
know when you go to private practice, ang -uestion practice law. $hose who are under2bar, there is
hind what is the corporate share of class A class B#. a program wherein law students are allowed to
but Attorney, unsa man tong iro sa among practice, but that is governed by a special law.
neighbor"# anyan ang mga tanong ng mga kliyente
ninyo. ou have to know this things, not kadali Which is carried out on a habitual or continuous process
lang ha" $empa lang.# )o you research on that,
2 7abitual and continuous process, so you go out
Apollo. ive me the answer ne/t week. $hose are
there and present yourself as a lawyer, and you
the type of -uestions. & got involved with my
perform an activity in a continuous process, you
daughter0s !$A so & get to know the teachers, and
don0t 8ust draw a document once in a blue
then knowing that & am a lawyer, they would ask
moon, you do it as a livelihood.
Attorney, meron lang akong -uestion bah, yung kasing
punoan ng aking neighbor, nahulog na# you have to ranslated into action by means of giving advice,
be careful ha. *hat are the grounds for him to chop drafting of documents
down that tree. )o you have to be careful. +eron
pang 2 $hat0s where your legal forms become
Attorney, kaning akong anak ba, wla nako na rehistro important.
pag anak nako niya bah unsa man ang akong
!r appearance in court or other administrative or quasi-
buhaton"#
 judicial body 
anun nay an, she got married, she had a child when
she was single, she got married to another man, and the 2 5ven if you 8ust appear in court and say our
child is using the name of the second husband. &s there 7onor, & move to postpone# that is already a
a valid adoption there" $his are the things that come practice of law. &f you0re a part of big law firms,
into your radar when you open your new illanueva the 8unior lawyers are usually the ones sent to
Law office. )o let0s say illanueva2 3ntal2 arcia do minor motions, kaba9/ ka pa nyan. But you
Law 3ffices. )o, you think that someone goes here and know class, the 8udge will always decide based
says on the documents presented to him, all these
& want to file a case for violation of intellectual things you see in Boston legal, are mere tactics
property law# 4o you think you0ll have those clients of impressing the client, but at the end of the
here in 4avao" )o wherever your office is, yun yung day, the 8udge will decide on the basis of your
mga problema na na haharapin ninyo. documents.
Attorney nawad2an kog lisensya# *hat does he do"
ou need to draw an affidavit. 5ven if you draw a very !ther administrative or quasi-judicial body 
simple documents, you must be sure that these
documents comply with re-uirements of law. And once
you give advice, even if hasn0t paid yet, you are already
engaged as a lawyer.
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 9

Based on the lectures of Atty. Cecilia Angeles

2 *hat is an administrative body" *hat is a 2 &t is a skill involved in the conduct of any human
-uasi28udicial body" activity.

"se of faculty or intelligence of one skilled in law  & submit, %because the author says that it is an art( &
submit that legal counseling is both a science and
2 ou know this is really complicated, the use an art. &t is "c#ence because it involves the
of faculty or intelligence of one skilled in law. precise application of legal principles and statutes
7ow do you become skilled in law" 3w well, to a given state of facts. ou have a legal principle of e-
in your 1st, 9nd or :rd year, you can0t say that uity, %what else" &n pari delicto( those are legal
you already use your faculty, but you can principles and you have to apply these principles to
already say that you are using your given set of facts. )o in a way, you can0t measure it, it
intelligence, your training, of your studies. is not appropriate if you do not apply these principles
And above all, this performance of an act, is to facts correctly. $hey must be applied
supposed to be compensated, you are correctly.*hy $rt" Because it involves analytical
entitled to a legal fee. reasoning and language. ou know class, law is a very,
it language centered. ou never do away with 5nglish
*hen you do these things, you ask yourself, are you
in the practice of law. &t is the number one
already in the practice of law" es, you are. But even if
instrument when you engaged in the practice,
you are appearing in 8udicial, administrative or -uasi2
especially to the court and your peers. $he decisions
 8udicial bodies, you draft documents, but you are
are made in 5nglish. $he world is getting too small,
not signing the pleadings, are you in the practice of
the language of business is 5nglish, we travel we use
law" Actually you are not in the practice of law. #$ota
5nglish. )o 5nglish will be there whether you like it or
bene% If you are not signing pleadings, you are not
not.
engaged in the practice of law& ou are doing the
things that is actually done by a lawyer but you are
 Analytical reasoning
not engaged in the practice of law. $o be in the
practice of law, you are the one signing the 2 !roblem solving or analytical reasoning.
documents. $here paralegals, they seem to be
lawyers, they have knowledge of law, but they are )iving of advice or information
not members of the bar but they are virtually doing
2 &t may be preventive, curative, not
practice of law, but they are not law practitioners.
necessarily adversarial. +aybe the -uestion on
hand is
*hat is the ne/t step" & want to register my
LEGAL COUNSELING land# ;egistering a deed of sale is
not adversarial at all. $his is part of legal
It is the art of giving advice and information advice, although it could be done by any
concerning the solution to a legal problem arising from person, when you want to register your
a given state of facts and the adoption of appropriate property you really don0t need a lawyer, but
reliefs or remedies under the law and enforcement of a sometimes you know, the client can pay the
legal obligation before a judicial or quasi-judicial body. services of a lawyer.
*hy do we say it is an art" &t could be a science it could 'olution of a legal problem
be an art, it could be the science of law. *hy art" *hy
not science" &t is an art, it is a science, and it could be 2 $he problem to be solved is legal. And you know
both. when an issue is legal.

What is 'cience(  o a given state of facts

2 &t is any skill or techni-ue that re-uires a precise 2 Avoid hypothetical situations. )o to be able to
application of facts or principles. give advice, it has to be a given state of
facts.
What is Art(  )ometimes your client is a bit hesitant,
sometimes they will 8ust rephrase it.
+insan nahihiya eh. &f you know
from your conversation with your client that
something is
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER :
Based on the lectures of Atty. Cecilia Angeles

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 3CC. $he 3CC0s
$hen 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.
2 Adoption of appropriate remedies given by law. &t &f you have certain complaint to the 4epartment of
has to be appropriate hindi yang &papatay
$rade, you follow the rules and regulations to
nalang nato na bah# it must be a legal advice.
achieve a certain process. *hen you follow the steps,
)ometimes you don0t know, right" unsaon ko
at the end of the process there is a decision, such
mana attorney nang sanga"# it is a skill, if you
decision is made by an administrative body as
are trying to hide your ignorance, you must have
contrasted to a -uasi2
to do some postulate like Ah, that is a bit
 8udicial body. >sually, a -uasi28udicial body sits en banc.
complicated, &0ll get back to you on that,
For e/ample the <L;C, they sit en banc and
why don0t we schedule another appointment"#
make decisions. But administrative bodies usually have
%8oke time(
sub2 agencies under their umbrella. &f you want to
-uestion the decision, you bring it to the courts. ou
*nforcement of a legal obligation
have to state there that you have complied with the
2 $here is a legal obligation involved and must be administrative procedure, so that your action will not
satisfied. &f there is no legal obligation, be dismissed. $his is in relation to failure to e/haust
there will be no cause of action. administrative remedies. )ometimes you even have to
go all the way up to the office of the president so that
o judicial body or quasi-judicial body  you will have a cause of action and to say that you have
e/hausted all available remedies.
2 Ju%#c#$& '% or the courts, from +$C all the
way to the )upreme Court.

2 *u$"#+u%#c#$& '% or administrative body LEGAL ET/ICS


belonging to the e/ecutive branch of the
government vested with 8urisdiction to hear or +egal ethics is that branch of moral science
ad8udicate non2litigious cases %& don0t which treats of the duties an attorney owes to his
think there is really such a thing as non2litigious client, to the court, and the bar.
cases( with power to enforce its 8udgment or
order and to punish for contempt. $his is in )o you have the client, the court and the bar. )o the
contrast to what and administrative body does. code of professional responsibility, it creates
5/ample of a -uasi28udicial body is the e/pectations, responsibilities and manages
<L;C, the 4A;AB, )5C, C)C, C3A. *hen you e/pectations.
take a look at their composition, you will see
ractice of law is not business.
very familiar provisions that are from the rules
of court. $he service of summons, the hearings. 2 But & disagree, this is too idealistic. our
$hey are part of the e/ecutive branch of the law office will not survive if you do not treat
government your office as business. & wouldn0t say, the
practice of law is not a business, but this is right.
2 A%-#n#"tr$t#.e '% is an instrumentality of
But to be realistic about it, you have to treat it as
the government. &t is defined in the Administrative
business as well. $he practice of law sometimes
Code. &t is all there. &ncluding departments, bureaus
you can0t turn away from clients. )o in a way, you
or agencies. )o these are vested by law with
have to make sure that you have paying clients
 8urisdiction to settle and ad8udicate controversies
and your paying clients, maybe ?@2@
arising from the interpretation and enforcement of a
percent. $he @ percent will be for legal aid,
law. &t is also defined as a department= bureau,
for relatives. ou
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 

Based on the lectures of Atty. Cecilia Angeles

must make sure you have core source. $he scandalous manner to the discredit of the legal
practice of law is a profession not a business.  profession.

urbe vs. agulta #/une 01, 2112&


7ow do you do that" ou have to make sure that the
In this day and age, members of the bar often conduct of your affairs, public or private, must conform
 forget that the practice of law is a profession and not a to, must be at par with the e/pectations of a lawyer.
business.3004 +awyering is not primarily meant to be a $he demand to be upright is both in public or
money-making venture, and law advocacy is not a capital private life. +asyadong mataas ang standards nito. )
that necessarily yields profits.3024 he gaining of a o these are the things that slip the mind of
livelihood is not a professional but a secondary practitioners which are already in many years of
consideration.3054 6uty to public service and to practice that they tend to forget that their private
the administration of justice should be the primary life is also in scrutiny.
consideration of lawyers, who must subordinate their
 As officers of the court, a lawyer must also be seen to
 personal interests or what they owe to themselves. he
be of good moral character.
 practice of law is a noble calling in which emolument is
a byproduct, and the highest eminence may be ou must also be of good moral character, and live your
attained without making much money. life with highest standards. ;efrain from
adulterous relationships to avoid scandaliing the
4uty to public service and administration of
public. Lawyers are very human, they make mistakes.
8ustice, emolument is a by2product.
)o, sometimes these standards are very high, they
he practice of law is not a legal right but a privilege. fail to see the human in the person. But of course,
different standards apply. &t is really up to the person.
2 &t can always be taken away from you when &t is really up to the complainant if he feels that 8ustice
you do something unethical. A bar candidate must be served, then go ahead and file a complaint.
can0t $his is a very high standard. At the end of the day,
 8ust practice law simply by passing the bar. the conscience has to be clear. &f your client doesn0t
&t can be taken with the mandate of due have a chance in court, you have to tell him, you
process. have to be honest.

/$%u&$ V" M$%#$n%$ (Ac 11)


CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD
THE INTEGRITY AND DIGNITY OF THE LEGAL
he 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.
'uch 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. he
Rule 7.02 - A lawyer shall not support the application fact that one is, at the end of the day, not inclined to
 for admission to the bar of any person known by him handle the client7s case is hardly of consequence.
to be unqualified in respect to character, education, or !f little moment, too, is the fact that no formal
other relevant attribute. professional engagement follows the consultation.
$or will it make any difference that no contract
Rule 7.0 - A lawyer shall not engage in conduct that whatsoever was e8ecuted by the parties to
adversely reflects on his fitness to practice law, nor memoriali9e the relationship.
shall he, whether in public or private life, behave in a
 As we said inurbe v. agulta ,: -
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER D

Based on the lectures of Atty. Cecilia Angeles

 A lawyer-client relationship was established from the CANON 1! - 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 former7s business. o COME INTO HIS POSSESSION.
constitute professional employment, it is not essential
that the client employed the attorney professionally on Rule 1!.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 1!.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 1!.0 - 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 Cowever, 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
voluntarily permits or acquiesces with the consultation, his lawful fees and disbursements, giving notice
then the professional employments is established. promptly thereafter to his client. Ce shall also have a
lien to the same e8tent on all judgments and
+ikewise, a lawyer-client relationship e8ists e8ecutions he has secured for his client as provided
notwithstanding the close personal relationship for in the Dules of @ourt.
between the lawyer and the complainant or the non-
 payment of the former7s fees. Rule 1!.0" - A lawyer shall not borrow money from his
client unless the clients interests are fully protected by
6ean Wigmore lists the essential factors to establish the nature of the case or by independent advice.
the e8istence of the attorney-client privilege $either shall a lawyer lend money to a client e8cept,
communication, vi9% when in the interest of justice; he has to advance
necessary e8penses in a legal matter he is handling
#0& Where legal advice of any kind is sought #2& from a for the client.
 professional legal adviser in his capacity as such, #5& the
communications relating to that purpose, #<& made in ou have to take care of your client0s funds. All the
confidence #=& by the client, #:& are at his monies must be accounted for. ou hold separate
instance accounts, as a good procedure, it is always good an
 permanently protected #>& from disclosure by himself or established separate account. )o there would be no
by the legal advisor, #?& e8cept the protection be issues later on.
waived.> 

3nce a person asks for an advice, you 8ust assume right


away that there is lawyer2client relationship that is CON!LICT O! INTEREST
established. 5ven in the absence of a contract, you still
 A lawyer shall not represent conflicting interests
have a lawyer client relationship. 3nce it is established,
e8cept with the written consent of all his clients.
you have to be confidential. ou can0t even tell it to
your spouse. 3therwise you will be in violation of
2 %A situation that has the potential to
confidentially. 5verything is confidential. )o standard is
undermine the impartiality of a person because
very high and strict. $he starting point is when your
of the possibility of a clash between the
client tells you all the facts and asks you for legal
personEs self2 interest and professional interest
advice, that0s the point where attorney2client
or public interest. &t is a situation in which a
relationship commences.
person has a duty to more than one person or
@lients Bunds organiation, but cannot do 8ustice to the
actual or potentially adverse interests of both
parties. $his includes when an individualEs
personal interests or concerns are
inconsistent with the best for a
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER ?
Based on the lectures of Atty. Cecilia Angeles

customer, or when a public officialEs And & think that this would be a perfect topic in
personal interests are contrary to hisher your sub8ect of legal ethics where you will discuss more
loyalty to public business. An attorney, an in depth the conse-uences of violating the ethical
accountant, a business adviser or realtor standards of legal profession.
cannot represent two parties in a dispute and
must avoid even the appearance of conflict. *hen a lawyer violates his oath, then what is the legal
7eshe may not 8oin with a client in business conse-uence"
without making full disclosure of hisher
I#$%&#'e$ %(&% )$ '*#$)+e,e+ ,&'%)'e * l&/
potential conflicts, heshe must avoid
commingling funds with the client, and never, )o, last week, we have mentioned of the case of 4ur'e
never take a position adverse to the customer( ." M$u&t$ ( A%-5 C$"e N5 66+7, June 10, 2002). &t
has mentioned a discussion of what is a practice of
2Gristine Huibod2
law, what constitutes the practice of law. *hen
does a lawyer and client relationship commence" )o,
from the decision of the )upreme Court, it would
Le$& Cun"e&#n seem that if a person will come to a lawyer, asks
for his advice, gives you all the facts of his case
(June 23, 2012) that was filed, with the intention of getting a legal
advice from you, then if you did not arrived in an
Let0s go back to our previous
discussion, agreement, or you did not sign an agreement, or
wherein we have said that practice of law is not a even if you will say that now, you have to hire me
business. &t is not a money2making venture. But, at the first before & will give you an advice. Clearly, t9e
ru&#n" : t9e curt "$ t9$t e.en t9e --ent u #.e 9#-
end of the day, you must consider the fact that your
$n $%.#ce, $n% t9#" $&& 9$;;ene% <#t9 t9e
practice must survive the competition. And we have to
=n<&e%e : cn:#%ence, t9en, t9ere e>#"t $ &$<er+
remember the fact that we have a family to support. )o,
c&#ent re&$t#n"9#;, #--e%#$te&5
these things, these are the important considerations to
weigh vis2I2vis the idea that practice of law is not a
business.
N<, <9$t $re t9e #n"t$nce" t9$t $re nt cn"#%ere%
>nless of course, you go as a government $" ;r$ct#ce : &$<?
employee, or corporate lawyering. ou know, when you
are a corporate lawyer, you can receive a regular salary, 0. )ratuitous furnishing of legal aid to the poor and
you don0t have to worry about other costs, about your unfortunates who are in pursuit of any civil remedy, as
employees0 salaries. $he salary comes in every month, a matter of charity, does not constitute practice of law.
every two weeks of pay period. &f you are happy with
that, that would not be a tiresome work. But, for those & dare say that this is debatable. 5ven an
who would like to start on their own, they have a lot of indigent client deserves a good legal advice. $hey
things to think about. e/pect that when they have a lawyer, that such
lawyer has such skills. )o, you cannot, 8ust turn around
!ractice is not a right, rather a privilege. $hat is and say, that this is all charity, so, there is no
why we have a lot of ethics, rules, ethical rules, and you lawyer2client relationship.
also talk about professional responsibility. And if you
fall short of these professional responsibilities, or you )o, & think that this point here is debatable. For
violate these ethical standards set to your profession, e/ample 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. ou must render the same e-ual
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. &t is a privilege sub8ect to the mandate those that can pay well.
of the due process. 3f course, you will be given a
2. he mere search for records of realty to ascertain
chance to e/plain and defend yourself.
what they may disclose without giving any opinion or
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 

Based on the lectures of Atty. Cecilia Angeles

advice as to the legal effects of what may be found, and you are not collecting an attorney0s fees, you better
does not constitute practice of law. stop being a lawyer. ou have intellectual property. $he
advice that you give to your clients is considered as
intellectual property. ou have to attach a value to your
intellectual property. *ho determines the value" ou
)o, you said to a client or a friend, a friend
yourself. &f you think that you gave your client a very
who knows that you are a lawyer. our friend will say,
good advice, then you have to collect an attorney0s fees.
can you send somebody who can check the status
5ven advice on telephone calls, some of the lawyers do
of the title in the ;egister of 4eeds. *hether the
not want to give their personal numbers, because there
property has been mortgaged or not" *hether the
are clients who will sometimes call, and ask for
title is clean or not. )o, you send your staff, or you
yourself will go directly to the ;34. $hat alone is not -uestions and even tell stories. $hey assume that
a practice of law. As long as you are not giving legal because they did not go to the office, the lawyer will
advice as to the legal effects of the document. not charge. )o, if you are the lawyer, you can send them
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. )o, what are we going to do attorney"
3f course, not all clients are like the ones who go
)o, you0ll give an advice, like you have to institute a case
to your office, have some chit chat, but somehow,
to clean the title, or how to get rid of an
they are actually fishing for some legal advice. But,
encumbrance.
there are also good paying clients, and that you have
$hat is already giving a legal advice, and a
to take care of these paying clients.
lawyer2client relationship already arises. ou are
already practicing law.

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


Se'*#+,  basis for filing action for usurpation of official
on stereotyped form or a mere mechanical act of
functions against one, who not being a member of
copying from a file copy or finished documents which
the bar duly licensed to practice law by the )C,
involves no legal thing, is not considered legal practice.
represents himself as a lawyer to the public and
performs acts pertaining to a lawyer by means of
deception to the pre8udice of the bar and the public.
)o, this mere involves mechanical act. <o advice was
given. )o, if you are ask, if attorney can you help me in
filling up an application form maybe for an insurance
$he person you are not to, later on, you discover, is not
application form. ou can argue that, that was not a
really a lawyer, or is not supposed to be practicing law,
practice of law. & merely help and assisted the client in
so, you can file an action for usurpation of official
filling up the application form, and answering the
functions.
-uestions one2by2one. )o this is a kind of assistance that
you give a person, but you will not be considered as
someone who is practicing law.
>nder ;ule 1?.@1 of the Code of 5thics and
;esponsibility6
@eter-#n$t#n : <9et9er r nt $n #n%#.#%u$& #"
;r$ct#c#n &$< r nt5

CANON 1 + A LAWER S/ALL /OL@ IN TRUST ALL MONES AN@ ROERTIES O! /IS CLIENT T/
COME INTO /IS RO!ESSION5
*hy is that important" *hy do we have to
ask ourselves, am & practicing law"# *hy"

F),$%  we have to consider the fact am & entitled to


collect attorneys fees"# &f you are dispensing advice,
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER J
Based on the lectures of Atty. Cecilia Angeles

Ru&e 1501 + A &$<er "9$&& $ccunt :r $&& -ne


r ;r;ert c&&ecte% r rece#.e% :r r :r- t9e c&#ent5 Area of litigation handled by those who specialied 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.
&f 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 ta/es are paid, that the properties are )o, there are firms that may be hired by clients, like
earning properties, that the rents were collected. )o, for e/ample Apple and +icrosoft. )o, what if your
with all these responsibilities, you are entitled to a fee. clients tell you that they want you to be their
ou have to be paid with a fee. And that fee will be paid e/clusive lawyers, so, when you say yes to one of
by any income the estate has. $hat is why it is very them, you will have to say goodbye to one of them
important to separate you monies and income from the
monies and income of your client. )o, we have this what we call e%()'&l /&ll *,
&l$* '&lle+ %(e C()#e$e /&ll  where certain sections of
your law firm are barred from knowing what the
other departments have, such as any documents
)o, what will you do if your client thinks that your or information about their clients. $hey cannot look
lawyer2client relationship will be a long one, so, he on the data base that includes the pleadings filed
deposited a hundred thousand to cover all the by the partners of the other section. $his is done
e/penses you may have in dealing with his legal to prevent conflict of interest, un&e"" u et t9e
problems. )o, you must have a separate trust fund, <r#tten cn"ent
there must be a separate accounting of your client0s : ur c&#ent"5
funds from your office and own funds.

)o, as a solo practitioner, you will also encounter


&f you are an administrator of an estate, you clients that are like that, but 8ust remember that, if
must render regular accounting to avoid confusion. &n you feel that there is conflict of interest, you have to
order to make sure that there is a proper separation of make sure, and you want your client not to go away,
funds and properties. you have to get the written consent of your other
client.

Lawyers who appropriates their clients0 funds


are violating their professional ethics, and code of N<, ;t#n" :r &$<erB
professional responsibility.
15 S& r#.$te r$ct#ce

  Advantages%
A big law firm composed of 1D29@ lawyers, in the
states, a big law firm, nationwide, may be around D@@
lawyers= a mid2sie lawyer may be around a hundred a. ou0re the own boss, you have to log in or out.
lawyers, a small sie lawyer, maybe around, D to 1@
lawyers. b. working hour is manageable

 ou can go to the office any time you want.

)o, when you have big law firms, you have different c. ou can handle and choose how much workload you want
departments, different specialties, you have ta/, to accept
realty, labor, litigation, environment, corporate, etc.
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER K

Based on the lectures of Atty. Cecilia Angeles

ou can choose the case you want to handle. ou


design your own system, since you are your own boss.
ou are the own boss, but, at the end of the day, you 25 A""#"t$nt r $""c#$te #n $ ;r#.$te &$< :#r-
hold responsible to the success of your solo practice.
a. enerally offers better opportunities
d. ou can choose your own clients

 What are the disadvantages(  &n working as an associate in a private law firm,
a. it is a maiden practice and it does not yield a offers new opportunities. >sually formed by
lot of clients because no client will go to lawyer batchmates and classmates in law school. )ometimes,
without reputation there are lawyers who can get good clients, so these
b. must build network of referrals from families e/isting law firms hire you.
and friends
c. feast or famine income#
d. All e/penses are shouldered by solo practitioner
b. 5/isting partnership usually have financial
e. <o e/tra support when pressed for time capability to defray overhead e/penses of
f. Both administrative and legal concerns will maintaining a law office.
burden the solo practice

)o, if the firm has been in e/istence like about 1@


&t is your first time after passing the bar. Like, what years, they have already number of clients that can help
if you set up an office near 5coland, 4avao City. ou in the payment of rent, the staff, office supplies. ou
put up some signs that you specialied in different have to make sure that your staff is happy because you
fields, separation cases, civil law, criminal law, and have to work as a team. And when your staff will leave,
any other schemes. ou are not supposed to do that, you have to train all over again.
but some of the other lawyers try to be creative.
$hose were signs that add up to your reputation. )o *hat are usually overhead e/penses" *ater, rent,
anyway, you set up an office, your first client would office supplies, salary of your staff, the 8anitors. &t does
be your families and friends. And there would be not help if your office is not neat. 5ven if you have a small
cases that you do not know the solution, so you have office, it must be organied and presentable for your
to study the facts of the case, because being in a client. $hat your clients will not be offered with plastic
solo practice, you have no one to help you other chairs.
than yourself.

ARTNERS
ou do the case, communication. 3f course, you have to
 !artners agree on articles of
have your secretary, process server. ou have to have
partnershipfinancial agreements to
these people after someone opens your door, if
avoid future misunderstanding %e.g. how to
you don0t want to see yourself serving this
bring in income the partnerships= how to divide
documents to other lawyer0s office. &t0s good if you do
income for clients they have individually
not really care about it. But, if your ob8ective is to get
brought in= discuss e/pectations(.
as many clients as you can, you must set up a system
 !artners agree on how to contribute to the cost
already. *hat if you have a client meeting in +arco !
of operations %rents, staff, utilities,
olo, a hearing in 4avao del )ur" *ho0s there to he lp
office supplies, including information
you"
technology(

Like you are the one who applies for certification, )ome of the more complicated partnerships, they
other documents and papers. $hat is why new bar invest so much that they get points out of this
passers do not go to solo practice immediately. invested. )o they can argue that & brought this
much client, thus, &
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 1@

Based on the lectures of Atty. Cecilia Angeles

got this much points, and then, you can demand a $hen, you may need $ -$r=et#n ;r:e""#n$&, if
higher pay. $he points will be the basis of your share. necessary, who will be assigned in communications and
$hat is if you are a partner. &f you are an associate, you in bringing more clients. Advertising is not supposed to
have a fi/ed salary as an associate. be ethical, but there are ways in going around that. ou
can be creative. )ometimes, we lawyers we tend to be
modest of our achievements, but if you have four
children to send to Ateneo de 4avao, you need a lot of
&n other law firms they have an agreement as to where
money. *hile young, you must be more aggressive, you
will the money from the notarial funds go, usually, it
must be out there presenting yourself, you must bring
is placed in the common funds of the partnership. )
in more clients, because this will translate to income,
o if you are a ten2lawyer firm, you have to make
people engaging your services.
sure that you have an organied structure. )omebody
has to be assigned as to the day2to2day operation,
so someone has to be $ -$n$#n ;$rtner. $he
managing partner oversees the money of the firm, ou won0t like to turn down any client. ou deal with one
the overall person. case, and then you develop such e/pertise. &t is manner
of presenting yourself. *rapping yourself, not with
myth, but you can study each case. ou learn as you go
along.
$hen you have to have a 9u-$n re"urce ;$rtner, not
somebody who has a !h 4 in human resource, 8ust
someone who will address the concern as to human
resources. 7e will oversee the appointment of staff,
how to dress in the office. $his may not be a legal
concern, but this boils down to the core of the office. 75 J#n#n $ cr;r$te &$< %e;$rt-ent
7appy office, happy staff.

3ption of being a legal officer in corporation law


$hen we have a ener$& cun"e&, or somebody who will department, we are talking about corporations. Like
oversee if there are conflicts of interests in handling the in Coca2Cola, they have e/ternal counsel. *hen they
cases. &f there are conflicts of interest, he shall be the think that they will need a lot of lobbying, they tap
one to decide on who will handle the case or represent partners who are prominent in the society, or
the client. have lobbying powers. But such corporations have
their internal counsel or general counsel.

$hen we have a c9#e: :#n$nc#$& ::#cer. +ake sure that


your books are updated, and have an accounting of $he nice thing of being a lawyer, unlike other
your income. )o, your financial department will also be professions, after you finished banking and finance, you
the one to oversee whether or not your firm is earning. get hired by a bank, you have to go up through the
Because if you are not earning you cannot e/pand. &f ladder. A lawyer, in the organiational structure, is
you are earning, maybe you have plans of transferring immediately under the office of the president. Because
to a bigger office. &t would be a lot better when the the president usually needs the services of lawyers.
chief financial officer is not a lawyer at all, because he
will 8ust tell you straight that you 8ust need to bill more.
*hat he is after is that you must bring more clients.
enerally, position offers higher compensation and
And it can also be an accountant that you 8ust hire per
other pecuniary and fringe benefits not usually en8oyed
period to do the accounting.
in private practice %large law firms through creating
their own fringe benefit package like health cards.(
 6isadvantages
LEGAL N REVIEWER 11

COUNSELLIN Based on the lectures of Atty. Cecilia Angeles


G 1ST H*/ +* *u 3*)# & '*,*,&%e l&/4 I% '&# e)%(e, 5e
EXAMINATIO
&6 ,ee,,&l$

1. 4ifficult to a lawyer to switch to private practice  56 ,e',u)%8e#%$ *, 


because of financial considerations.
 '6 lu'9 *u% * ,):&%e ,&'%)'e.

!eople working for business corporations


hesitate to go to private practice because they
Fu%u,e * & l&/e, )# & '*,*,&%e e8l*e, 
are giving up high compensation.
Law department careers are usually put in
favorable lights with stress on how varied,
9. *ork is limited by the legal concerns import and e/citing are the legal problems
or business of the employer= some dealt y a corporate counsel, the
employers allow their lawyers engage in e>ce&&ent
private practice on the side but a rarity than a ;;rtun#t#e" :r $%.$nce-ent, <#t9 $&&u"#n" t
regular practice. ;r";ect" : u&t#-$te& -.#n u; #nt
-$n$e-ent, and the :$.r$'&e :#n$nc#$&
re-uner$t#n #nc&u%#n "t$rt#n
:. &n formal law departments, the head lawyer is "$&$r#e", reu&$r "$&$r #ncre$"e", $n
referred as general counsel who carries the % "uc9 "u;;&e-ent$r :r#ne 'ene:#t" $"
responsibility as director or officer of 'nu"e" $n% "tc= ;t#n"5
corporation.

$he head lawyer reports directly to the


president. $he usual basis of sectioning is the
 !ther 6isadvantages #cEo arte&
legal sub8ect matter  for instance
ta/, corporate affairs, real estate, litigation,
patents, labor, immigration, and insurance. 1. lesser chance of doing litigation work
&n some corporate department, there is some
kind of formal sectioning is done by
administrative, individual corporate Corporate lawyers, they do not see each
subsidiaries, civil, law, criminal law special other anymore, while those in litigation,
proceedings under litigation section. they see each other in court.

5very corporate law department adopts a 9.isolation of many corporate lawyers from
system by which lawyer0s work is assigned. $he 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 lawyer0s 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 off2the2cuff
know this is to be the case %30meana, 19 the impressions
Business Lawyer(

:.hard legal study and analysis are usually


encountered by private practitioners
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 19

Based on the lectures of Atty. Cecilia Angeles

our drive to know more is not as much as Le$& Cun"e&&#n


those in private practice. &magine that when
you pass the bar, you think you no longer Ju& 6, 2012
need to study. <o, it is a constant
discipline. C9$rter# n $n #%e$ & &$< O::#c eB !utting a new law
5 G.ern-ent e-;&-ent (.ern-ent ::#ce" $n% office
#n"t#tut#n", $n% GOCC")
2were talking maybe after  years or D years and you have
set aside an amount to fund your own law office. 5ven it
&t is the biggest single employer of lawyers. overnment
is 8ust a small law office= it is still an e/pensive
is always a fall back for those who can0t find their luck in
undertaking to run. ou need office staff like
private practice.
messenger, secretary etc.

!hysical set up  where to build your law office.


overnment employment covers all branches such as Location is very important. ou should be near the
constitutional commissions. $he 43M is the location of big clients. <owadays & can see law firms 8ust
mother department of the prosecution service  beside a cafeteria, or hardware or automotive store.
)ol en, $hese clients may need notariation of documents from
overnment Corporate Counsel, !A3. $he 8udiciary time to time. <ot necessarily in a high rise building or in
departments, 3CCs and other governmental a second floor building. As long as you can bring in
institutions, in the provincial and municipal positions, clients, that0s okay. Law practice is a very
the legislative departments which involves policy2 noble profession.
making in both 7ouses. )o, hindi talaga ako maniwal if
there is someone who is an unemployed lawyer, sobra & know of a law office where the wife runs a beauty salon
naman yun. %L3L'( and from the outside you can see a sign NO law firm. )o
a law office operates there. $his is done maybe to cut the
cost. ou combine business to have only 1 rental.

  Advantages ou have to have a good staff. +ay telephone courtesy,


may office niceties. 5specially Filipinos do not have that
telephone courtesy. $each your staff office manners.
1. )teady income  future )&) pension
3ffice staffs that are not nagging each other all the
9. <ot as stressful as private
time, too noisy like <CCC sales staff.
:. ;oom for advancement in bureaucracy
. For women, accommodate domestic schedule &n my office in Canada, it is so -uiet that even if a pin
D. 4evelops e/pertise for private practice dropped, you can hear it. !eople 8ust work and do not
?. )alary depends on salary grade, but chat at each other. 4o not allow your staff wearing flip2
generally high flops %with toe nails uncut( while roaming around the
office.

 6isadvantage
W9$t -u"t $n #%e$& ::#ce 9$.e?
1. ou get stuck up to your 8ob
 &s the office appropriately indentified or
accessible" *ith huge names on top of the
&t is because with a well paying salary, you find it
building to show people that there is a law
difficult to leave the same employment which
office. )ome clients 8ust walk in if they wanted a
guarantees you future security like being
document to be notaried. so if your location is
entitled to a )&) pension upon retirement.
okay, it would really help.
2 Carell ;ya <artate2
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 1:

Based on the lectures of Atty. Cecilia Angeles

 4oes it present a neat appearance" Are the files  4o you discard obsolete books" ou may keep
properly set asideorganied" old books for reference but have an updated
copies
 &s there an ample room" 5very inch of your real
property must be utilied. 7ave a space to walk  Are books maintained in good repair. But with
around. the advent of e2books or other software you
can have them. But iba ang dating ng physical
 &s the ventilation ade-uate" $he aircon books than an e2book especially in dealing
is functioning or at least with an electric fan with clients.

 Are walls attractively decorated" $his will show  5-uipment  %typewriters, adding
your personality. $ry to avoid cutie cutie stuff. machine, computers, photocopiers(. For
$hey would be nice if they are 8ust accent in a photocopiers, if you buy it, you will be stack
table. $hey are okay for a pediatrician. Must put with that machine forever and pay a repairman
paintings %even a reproduction( with nice if there is a need. &f you 8ust rent, its kind a
frames. $o show that you a professional lawyer. e/pensive but at least you are assured that
they will maintain it daily and update for a new
 Are offices cleaned regularly" &f you enter version when you renew your contracts. &n my
a lease agreement you should ask if they e/perience, big law firms tent to rent
provide someone to clean the office or it is photocopy machines. $hey treat it like 8ust
you who have to be responsible for that water and light. $hey want the latest
technology and not stack with the machine. ou
 4o you provide for drinking water facilities for
can replace it whenever you want.
the client and staff" &f a beauty parlor
can provide for iced tea, no reason that a law
For your computers or wifi, you need it since internet
office cannot do so. $ell your assistant to offer
is part of an office already. A big chunk of your
the client something to drink especially if they
work is lessened by internet and you work efficiently.
have to wait.
ou also need adding machines, and typewriters.
*hether you like it or not, you need typewriters.
 !arking facilities.
5specially government forms which can only be
filled by typewriters but at least an electric
 *ashroom faculties.
typewriters.
 ;eading materials % legitimate newspaper
 &nter office communication  fa/
or others(
machine, scanner because some clients do scan
 7ave a conference room to discuss documents and send thru email. ou have to be
confidential matter. ;emember the rule on fast, technologically updated.
confidentiality of agreement between you and
 $echnologically compatible  software for huge
client. our staff must sign a confidentiality
document like advance adobe program for
agreement. *arned them that if confidential
scanning and storing data. ou can do a lot of
matters leak, they may be held liable too.
things with that software for easy retrieval of
+ake your staff aware that information that
voluminous data.
comes to the office especial from clients
must be treated with utmost confidentiality.
 )oftware on accounting, book keeping.
 Library  for your )C;A, law books. 5ven 8ust a
 $rain your staff to be accommodating %like ay
small table with book case.
dili man na mahimo mamsir#( staff should be
trained to become problem solver. $ry to do
something out of the bo/.
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 1

Based on the lectures of Atty. Cecilia Angeles

O;en#n $ &$< ::#ce magkakawalaan. ou should be able to track


who0s getting what.
&n opening a law office this also means
organiation. • <umbering of folders, number of bellows. &f you
ou have to be organied because that is the key to have a smart assistant, she should find ways to
efficiency. ou have to design your system on how you be able to organie the files.
do it. 5ach and everyone have their own style. But
everybody should have an efficient filing system. • Color coding of folders % e/ample6 white
for general correspondence, red for billings, the
!ILING SSTEM rest are brown folders(

o Lawyer will design the filing system for his easy


access.
Accunt#n :#&e" + ou have to know your accounting
o +a8or categories of files6 files if you0re earning or not. )o that you know your
collectibles or how much your payables are. )ome big
 Client files firms have chief financial officers, they are not lawyers.
$hey 8ust look into your performance if you0re earning
 Accounting files
money for the firm or having problematic accounts.
 Admin files
• )eparate from the accounts folder. ou have to
have a book keeper to check your payables
or receivables. 4o not make your assistant
&f you have a good and efficient secretary it would take your book keeper baka maging hawak ka nya
half a load off your back. ou will 8ust think on your sa leeg.
legal issues. A good assistant will always keep track of
the deadlines, billings and others. ou don0t have • 3ffice accounting for clients. Always deposit
to think of those things. any money that coming in. Account all funds
especially client money.

• )alary of staff. $hat is in your accounting. 5ven


C&#ent :#&e"  you, you have to give yourself a salary. 4o not
treat it as your money. $hink like you are also
• +ust contain folders %e/pandable files( up to 9 an employee of that firm. )o that you will be
inches. &n <orth America, they have these able to know which fund is your profit or
things which can e/pand up to D inches. $hat is income of your office. +ost solo practitioners
the basic file folder. are confused. $hey do not have financial plans=
they mi/ed funds so they cannot determine
• Folders for client contact details, general their income. ou have to distant yourself from
correspondence, billing address and contact the law office. ive yourself allowances %for
numbers, email addresses of client especially if coffee with client and other e/pensed( and
it0s a big office client. )ometimes account for it.
office addresses are not the billing address.
ou have to update your files. !rint those • Account receivables  accounts payables.
important emails. Bookkeepers shall fi/ this and you shoud not
worry baka maputulan ka dahil may red bills
• &f litigation file, make folders for pleading. ou
have to subdivide files if it is already a big file. &f • 3verhead e/penses and government fees.
other people will work on your files, hindi
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 1D

Based on the lectures of Atty. Cecilia Angeles

A%-#n#"tr$t#.e :#&e E&ectrn#c @$t$ 4$n=


• !ersonnel folder  must sign confidentiality of  )upreme court decision  you can buy software
agreement= depending on how efficient for some providers
the organiation should be.
 *ord processer 2 for templates etc
• +embership in professional organiation  &B!,
or other local chapters.  Billing

• !ublications %articles written and  Accounting


published( part of their professional
development. $his is also a way of advertising  3ffice networking
your e/pertise. $here is this publication in
America where your law firms are published  Avail software applications for efficiency 2
but you have to pay for it. bookkeeping
$his is regarding the e/pertise, so the
publication rates the law firms according to
e/pertise so as the lawyer. $his is for
2 !hilip alagar 
recognition.

• +arketing  this is about sponsorships.


Le$& Cun"e&&#n
• 3ffice lease agreement.
Auu"t 2, 2012
• &nformation technology.

C3<$;AC$ 3F 5+!L3+5<$6
C$&en%$r S"te-
5/press or implied, verbal or written
 +ust set up calendar system in the office.
$his is for deadlines, schedule for the day or &n case of series of work for the client
week or appearances in court. )o that you
assistant can monitor you. 4ischarged without cause6 entitled to full compensation

 $his could be done electronically. *ith cause6 not entitled to compensation either under
contract or basis of -uantum meruit
 4eadline for pleadings must also be monitored.
Arranged according to the most pressing. &f abandons case or withdraws without 8ustifiable cause
before its termination, unless with consent of client
 $he following week0s schedule should
be finalied on the Friday of the previous week
and this shall be given to lawyer. >sually the
secretary print the calendar on the $hursday so Contingent fee contract
that on the Friday the lawyer knows his
schedule and he can make use of the weekend As long as contract is not tainted with fraud, undue
if there is a need rush something. $he assistant influence, mistake or suppresion of facts on the part of
must know your schedule the lwyer terms of contract shall be implemented
against the portion of the clientEs property sub8ect of
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 1?

Based on the lectures of Atty. Cecilia Angeles

the contract but only if the suit or litigtion is favorble to 5stablish targets6 identify types of works and clients,
the client and identify specific audiences and communities that
will allow the interface with the lawyer

&f case is lost, no payment of fee


&dentify :2 Business devt activities in a year 2
&f fee agreed upon is unconscionable, court may step in
to make it reasonable something lawyer likes and does nturally

3ther factors6 2 get active in

3ther une/pected incidents like filing and arguing a  $rade orgs


motion, estimated time and effort to be spent for
arguments

5/penses to be incured in erfecting an appeal, )upport e/ecution2 report back and follow2through
preparation of appeal briefs,

$rack results2 vis2 a2vis your financial plan so success


Business2like approach in fi/ing and payment of attys can be measured
fees

4elays must be e/plained to the client


Canadian lawyer magaine feb 9@, 9@19
Bottomline6 transparency

+arketing of services6 draw a marketing plan


Business developing marketing for law practitioners
&mpt considerations6

2 know what your clients value


 etting your name out there
2 know your goals2 short, long2term
Big law offices have rainmakers, the rest pf lawyers do
not develo their books of business 2 know resources2 how much money can you spend in
marketing
Aim for sustainability of practice
2 focus your resources to your target segment
2 to achieve success in their legal careers

2 to promote growth of their law offices


 !s of +arketing
)trategies6 marketing is a contact sport
1. !roduct6 identify a need, then provide a service that
2 pursue profile and confidence2builidng activities adresses that need uni-uely. 4onEt be a Pme, tooP law
firm, create a -uality product or service
5.g speaking engagements, publishing articles, etc
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 1

Based on the lectures of Atty. Cecilia Angeles

9. !lace6 a -uestion of access, physical access, sure the client is satisfied with this
also consider the internet %this has re arrangement= misunderstanding must
be clarified right away
4efined physical acess(

*hen you kind a grasp already what you are supposed


:. !rice6 this is the entry point= allows your cients to see to work on then you have to tell the client the scope
if they can continue their relationship with your office of 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.
. !romotion6 within thebounds allowed by ethical rules
%advertising your name in magaines, referrals, etc

)o if there are misunderstanding like


akalakobaattykasama yang out of pocket e/penses sa
<ever take more clients than you can handle with
lawyers fee nanapag2usapanna, akalakobahindi nay an
loving care
ichargesaamin. )o the 1stinstance clarify it right away.

For endless referrals, build relationships to last. Geep


your friends close and your enemies closer, you never
noe where that referral will come from. - er"n$& %e-e$nr $n% 'e9$.#ur : &$<er
t<$r%" t9e c&#ent

*hen building your business strategies, keep in mind


the client perspective foremost in both delivering o @#n $ % ' nt enu9
and marketing our legal services

$he practives of law is a business and pleasing the


customer benefits the customer and lawyer. $here are some lawyers come in different sies, there
are lawyers very gorgeous, very dignified, there is also
like the 8ustice secretary %& suggest not to follow her (
you don0t have to advertised that you are a lawyer very
2;aia $umanda2
stiff even with wearing scrap but & do like scrap but
since )ec 4e Lima wear it every time & will find another
Le$& Cun"e&&#n
accessory. 

Auu"t , 2012
+en lawyers who like to sa end pa langng hall of 8ustice
Geeping
shouting agadpanyero, there are lawyers paluoi9/
Clients
langug dating, you know if you are a lawyer you should
be able to stand up and have that confident personality
- rtect $n% nurture t9e re&$t#n"9#; but not to the point of being boastful.

o Client is boss

o 4efine relationship from the start, our behaviour and appearance really matters in
things you will do and do not do= make dealing with the client, do you inspire the client" 4o you
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 1J
Based on the lectures of Atty. Cecilia Angeles

appear like the client trust you" 4o you have clean mgenglish9/, 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 Q
barong so it is not enough to do a good 8ob.
!romptness is also important, do not procrastinate
because we lawyers we live by deadlines. )o lawyers
their professional life run by deadlines so do not
5/ample meronka motion din you are with your client procrastinate. )ome lawyers pag2early pa dli pa
in the court pro sasabihinng client mabaho man mgworkang mind then pagpm nadhanamgcge dictate sa
siAttyoi, panalongaangmotion mo pro secretary so who suffers from the pressure of the
nahirapannamnhumingaang client so doing a good 8ob deadline" ou poor secretary suffers because eventually
is not enough. she would be the one typing or filing so that is unfair'

7uman nature always calls for sympathy, so when you Courtesy. *e Filipinos it is not innate in us namagthank
go to doctors din you are e/plaining already lahatng you paranganghirapngmgthank you bah. But if it is
feelings mo pro parangwlalng so mainiskatalaga so with the client you have to be courteous.
dpat you must be sympathetic to your client.

5/ample your client was confronted with credit card


debt and has been sued for collection also needs a o A.$#&$'#&#t $t $&& t#-e", te&e;9ne
sympathetic hear ear, so c$&&", e-$#&", te>t -e""$e"
huwagmonamansabihinnacgeka man gudgastos so
knggibayarannanimowlanauntaproblema, you should
not say that. ou 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
to go to the ne/t hearing, meron pa man yang the client make sure you have a hard copy, because
mediation wag there is no substitute for documentary evidence
namansabihinbamalakinaitomasyadomalakina interest yungmga te/t nabuburayan. &n <orth America for
nito bah' )o pag2ganun goodbye law practice.  e/ample they issue subpoena ducestecum through
emails so they will print that hindiyannawawala.

*hether you like it or not you cannot say that when the
o !r#en%&#ne"" ;r-;tne"" (n client is calling in 11pm you will end the call, yun pa
;rcr$"t#n$t#n) curte", re";ect :r naman client who are calling because they need
c&#ent" 'u"#ne""+&#=e $tt#tu%e something or they remember something to tell you all
of the sudden, you have to answer it because some
cn"#%er$t#n #n =ee;#n t9e c&#ent" #n:r-e% r client will be irritated because they think they are
u;%$te% 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. Gung ang client mo finds
it so hard to e/press himself in 5nglish wag karinnaman
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 1K

Based on the lectures of Atty. Cecilia Angeles

o O;en#n $&tern$t#.e" r ;t#n" t


c&#ent :r ";ee% %#";"#t#n : c$"e"
- Dee;#n t9e c&#ent" #n:r-e% n <9$tB

ou may discuss the clients with the status of the case
o U;%$te : c$"e r -$tter "u'ect : like after si/ months there is a possibility of entering
ret$#ner"9#; into compromise with the adverse party, you should
discuss this with the client. ou should not say
natapusintalaga naming ang case bapanalotayo, pro
talonamansyasaattys fees. )o to be fair and to show
)o 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 4r#n#n c&#ent $'re$"t : %e.e&;-ent
client a status letter regarding the status of the case. #n $re$ cncern

$he whole point of sending the client letters so that $his is true with specially to the corporate clients like
your client will be impressed of your industry and of their area of business are politically sensitive, like a
course with the industry comes the billing statement. mining firms, so the lawyers should keep track with
regards to the bills in congress. )o if your client is a big
entity and it seems that they will affected by legislation,
by local legislation like oning you have to tell your
o r-;t re";n"e t #nu#r#e" (re
client that is part of your service. 5specially if you are
'#&&#n "t$tu" : t9e c$"e)
the retainer of the client.

)o for a case namatagalmatapos, like a simple civil


case is 9 to : years, so as much as you wanted
the client to know the status of the case you must
o Tr$n";$renc #n '#&&#n
also clarify with him the billing or e/penses like
the photocopy, peroyungmga status letters mo
wag mongichargebakasabihinng client naAtty
wag kanalngmgsendng status letter.  *hen you sent your statement make you must detailed
there the work undertaken during the past period.

)o you have to update and don0t be late in your billing,


or don0t delay as long as you have like the - Tr$#n ;er"nne& r "u;;rt "t$:: :r
itemied e/penses for your client and the description ;r:e""#n$&#"- -u"t un%er"t$n% ;re""ure :
of the work done then that would be good enough &e$& <r= $n% cn:#%ent#$& n$ture : <r=5
to bill the client. 3f course your status letters must
also be filed, there must be a separate folder for
that.
LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 9@

Based on the lectures of Atty. Cecilia Angeles

4o 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 +ake sure there is a room there wherein you can make
the whole office. )o kungang assistant conversation without being heard by the entire office.
momasyadongmabagal that will reflect on you right" )o
make you0re your assistantstaff are properly train they - ;osalie <unea2
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.

)o you must also train your staff that they should be


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

- Mu"t $&<$" 'e #n tuc9 <#t9 t9e "t$:: "t$::


"9u&% 'e tr$#ne% t 9$n%&e <#t9 c&#ent" <9
$&<$" nee% $"$; $ttent#n

<ow, when you get to be out there playing golf, but you
ought to be reachable by your assistant. ou cannot 8ust
leave your phone in the clubhouse because that is not
good your client might go cray trying to reach you. )o
for as long as there is a signal you must be reached.
+ake sure that you should answer the te/t messages of
your client you may be not personally answered it but
you can ask your assistant to answer for you.

*hat the client really appreciates is the -uick response.


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

- O::#ce -u"t 'e cnc&u"#.e :r ;r#.


$te cn:erence

$he office must be a nice place to deal business with.


$here are clients you don0t mind the appearance of the

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