Legal Counseling - First Exam Reviewer 6d132a

LEGAL COUNSELLING 1ST EXAMINATION REVIEWER

Based on the lectures of Atty. Cecilia Angeles

Lecture 1 (June 18, 2012)

Legal Counseling is basically, is meeting your client, knowing his woes, knowing the reason why he came to you and giving advice. For a lot of people, you come to a lawyer, and say “attorney, ang sanga sa mangga sa among silingan, nagbarog na sa akong fence. Pwede ba nako na putlon?” That is already a legal issue. Can he cut such branch of that mango tree? Can somebody the law on property? (I can hear people whispering haha!) Can he cut down that branch? Sus nakalimot na lagi! When was the last time you had property? Last year? My goodness! You know when you go to private practice, ang question hind “what is the corporate share of class A class B”. but “Attorney, unsa man tong iro sa among neighbor?” Ganyan ang mga tanong ng mga kliyente ninyo. You have to know this things, not “kadali lang ha? Tempa lang.” So you research on that, Apollo. Give me the answer next week. Those are the type of questions. I got involved with my daughter’s PTA so I get to know the teachers, and then knowing that I am a lawyer, they would ask “Attorney, meron lang akong question bah, yung kasing punoan ng aking neighbor, nahulog na” you have to be careful ha. What are the grounds for him to chop down that tree. So you have to be careful. Meron pang “Attorney, kaning akong anak ba, wla nako na rehistro pag anak nako niya bah unsa man ang akong buhaton?” Ganun nay an, she got married, she had a child when she was single, she got married to another man, and the child is using the name of the second husband. Is there a valid adoption there? This are the things that come into your radar when you open your new Villanueva Law office. So let’s say Villanueva- Ontal- Garcia Law Offices. So, you think that someone goes here and says “I want to file a case for violation of intellectual property law” Do you think you’ll have those clients here in Davao? So wherever your office is, yun yung mga problema na na haharapin ninyo. “Attorney nawad-an kog lisensya” What does he do? You need to draw an affidavit. Even if you draw a very simple documents, you must be sure that these documents comply with requirements of law. And once you give advice, even if hasn’t paid yet, you are already engaged as a lawyer.

PRACTICE OF LAW It is the act of performing any activity pertaining to a bonafide member of the bar which is carried out on a habitual or continuous process and translated into action by means of giving advice, drafting of documents or appearance in court or other istrative or quasi-judicial body involving the use of faculty or intelligence of one skilled in law who is entitled to a legal fee. Let’s break it down: Any activity pertaining to a bona fide member of the bar -

You have to be a member of the bar for you to practice law. Those who are under-bar, there is a program wherein law students are allowed to practice, but that is governed by a special law.

Which is carried out on a habitual or continuous process -

Habitual and continuous process, so you go out there and present yourself as a lawyer, and you perform an activity in a continuous process, you don’t just draw a document once in a blue moon, you do it as a livelihood.

Translated into action by means of giving advice, drafting of documents -

That’s where important.

your

legal

forms

become

Or appearance in court or other istrative or quasijudicial body -

Even if you just appear in court and say “Your Honor, I move to postpone” that is already a practice of law. If you’re a part of big law firms, the junior lawyers are usually the ones sent to do minor motions, kaba2x ka pa nyan. But you know class, the judge will always decide based on the documents presented to him, all these things you see in Boston legal, are mere tactics of impressing the client, but at the end of the day, the judge will decide on the basis of your documents.

Other istrative or quasi-judicial body

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What is an istrative body? What is a quasi-judicial body?

Use of faculty or intelligence of one skilled in law -

You know this is really complicated, the use of faculty or intelligence of one skilled in law. How do you become skilled in law? Ow well, in your 1st, 2nd or 3rd year, you can’t say that you already use your faculty, but you can already say that you are using your intelligence, your training, of your studies. And above all, this performance of an act, is supposed to be compensated, you are entitled to a legal fee.

When you do these things, you ask yourself, are you already in the practice of law? Yes, you are. But even if you are appearing in judicial, istrative or quasijudicial bodies, you draft documents, but you are not g the pleadings, are you in the practice of law? Actually you are not in the practice of law. (Nota bene: If you are not g pleadings, you are not engaged in the practice of law) You are doing the things that is actually done by a lawyer but you are not engaged in the practice of law. To be in the practice of law, you are the one g the documents. There paralegals, they seem to be lawyers, they have knowledge of law, but they are not of the bar but they are virtually doing practice of law, but they are not law practitioners.

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I submit, (because the author says that it is an art) I submit that legal counseling is both a science and an art. It is science because it involves the precise application of legal principles and statutes to a given state of facts. You have a legal principle of equity, (what else? In pari delicto) those are legal principles and you have to apply these principles to given set of facts. So in a way, you can’t measure it, it is not appropriate if you do not apply these principles to facts correctly. They must be applied correctly.Why art? Because it involves analytical reasoning and language. You know class, law is a very, it language centered. You never do away with English in the practice of law. It is the number one instrument when you engaged in the practice, especially to the court and your peers. The decisions are made in English. The world is getting too small, the language of business is English, we travel we use English. So English will be there whether you like it or not. Analytical reasoning -

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What is Science?

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It is any skill or technique that requires a precise application of facts or principles.

What is Art?

It may be preventive, curative, not necessarily adversarial. Maybe the question on hand is “What is the next step? I want to my land” ing a deed of sale is not adversarial at all. This is part of legal advice, although it could be done by any person, when you want to your property you really don’t need a lawyer, but sometimes you know, the client can pay the services of a lawyer.

Solution of a legal problem

Why do we say it is an art? It could be a science it could be an art, it could be the science of law. Why art? Why not science? It is an art, it is a science, and it could be both.

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Problem solving or analytical reasoning.

Giving of advice or information

LEGAL COUNSELING It is the art of giving advice and information concerning the solution to a legal problem arising from a given state of facts and the adoption of appropriate reliefs or remedies under the law and enforcement of a legal obligation before a judicial or quasi-judicial body.

It is a skill involved in the conduct of any human activity.

The problem to be solved is legal. And you know when an issue is legal.

To a given state of facts Avoid hypothetical situations. So to be able to give advice, it has to be a given state of facts. Sometimes your client is a bit hesitant, sometimes they will just rephrase it. Minsan nahihiya eh. If you know from your conversation with your client that something is

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hidden here, so you schedule him for another interview. For a cup of coffee, they loosen up. Then you know the real state of facts. Adoption of appropriate remedies given by law -

Adoption of appropriate remedies given by law. It has to be appropriate hindi yang “Ipapatay nalang nato na bah” it must be a legal advice. Sometimes you don’t know, right? “unsaon ko mana attorney nang sanga?” it is a skill, if you are trying to hide your ignorance, you must have to do some postulate like “Ah, that is a bit complicated, I’ll get back to you on that, why don’t we schedule another appointment?” (joke time)

Enforcement of a legal obligation -

There is a legal obligation involved and must be satisfied. If there is no legal obligation, there will be no cause of action.

To judicial body or quasi-judicial body -

Judicial body or the courts, from MTC all the way to the Supreme Court.

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Quasi-judicial body or istrative body belonging to the executive branch of the government vested with jurisdiction to hear or adjudicate non-litigious cases (I don’t think there is really such a thing as non-litigious cases) with power to enforce its judgment or order and to punish for contempt. This is in contrast to what and istrative body does. Example of a quasi-judicial body is the NLRC, the DARAB, SEC, CSC, COA. When you take a look at their composition, you will see very familiar provisions that are from the rules of court. The service of summons, the hearings. They are part of the executive branch of the government

- istrative body is an instrumentality of the government. It is defined in the istrative Code. It is all there. Including departments, bureaus or agencies. So these are vested by law with jurisdiction to settle and adjudicate controversies arising from the interpretation and enforcement of a law. It is also defined as a department; bureau,

office, instrumentality or government owned and controlled corporation or the GOCC. The GOCC’s each one has its own charter, but their charter will also come into play or stick with the provisions of the istrative Code. If you have certain complaint to the Department of Trade, you follow the rules and regulations to achieve a certain process. When you follow the steps, at the end of the process there is a decision, such decision is made by an istrative body as contrasted to a quasijudicial body. Usually, a quasi-judicial body sits en banc. For example the NLRC, they sit en banc and make decisions. But istrative bodies usually have subagencies under their umbrella. If you want to question the decision, you bring it to the courts. You have to state there that you have complied with the istrative procedure, so that your action will not be dismissed. This is in relation to failure to exhaust istrative remedies. Sometimes you even have to go all the way up to the office of the president so that you will have a cause of action and to say that you have exhausted all available remedies.

LEGAL ETHICS Legal ethics is that branch of moral science which treats of the duties an attorney owes to his client, to the court, and the bar. So you have the client, the court and the bar. So the code of professional responsibility, it creates expectations, responsibilities and manages expectations. Practice of law is not business. -

But I disagree, this is too idealistic. Your law office will not survive if you do not treat your office as business. I wouldn’t say, the practice of law is not a business, but this is right. But to be realistic about it, you have to treat it as business as well. The practice of law sometimes you can’t turn away from clients. So in a way, you have to make sure that you have paying clients and your paying clients, maybe 60-70 percent. The 40 percent will be for legal aid, for relatives. You

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must make sure you have core source. The practice of law is a profession not a business. Burbe vs. Magulta (June 10, 2002) In this day and age, of the bar often forget that the practice of law is a profession and not a business.[11] Lawyering is not primarily meant to be a money-making venture, and law advocacy is not a capital that necessarily yields profits.[12] The gaining of a livelihood is not a professional but a secondary consideration.[13] Duty to public service and to the istration of justice should be the primary consideration of lawyers, who must subordinate their personal interests or what they owe to themselves. The practice of law is a noble calling in which emolument is a byproduct, and the highest eminence may be attained without making much money. Duty to public service and istration of justice, emolument is a by-product. The practice of law is not a legal right but a privilege. -

It can always be taken away from you when you do something unethical. A bar candidate can’t just practice law simply by ing the bar. It can be taken with the mandate of due process.

scandalous manner to the discredit of the legal profession. How do you do that? You have to make sure that the conduct of your affairs, public or private, must conform to, must be at par with the expectations of a lawyer. The demand to be upright is both in public or private life. Masyadong mataas ang standards nito. So these are the things that slip the mind of practitioners which are already in many years of practice that they tend to forget that their private life is also in scrutiny. As officers of the court, a lawyer must also be seen to be of good moral character. You must also be of good moral character, and live your life with highest standards. Refrain from adulterous relationships to avoid scandalizing the public. Lawyers are very human, they make mistakes. So, sometimes these standards are very high, they fail to see the human in the person. But of course, different standards apply. It is really up to the person. It is really up to the complainant if he feels that justice must be served, then go ahead and file a complaint. This is a very high standard. At the end of the day, the conscience has to be clear. If your client doesn’t have a chance in court, you have to tell him, you have to be honest.

CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION AND THE ACTIVITIES OF THE INTEGRATED BAR. Rule 7.01 - A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact in connection with his application for ission to the bar. Rule 7.02 - A lawyer shall not the application for ission to the bar of any person known by him to be unqualified in respect to character, education, or other relevant attribute. Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he, whether in public or private life, behave in a

Hadjula Vs Madianda (Ac 6711) The moment complainant approached the then receptive respondent to seek legal advice, a veritable lawyer-client relationship evolved between the two. Such relationship imposes upon the lawyer certain restrictions circumscribed by the ethics of the profession. Among the burdens of the relationship is that which ens the lawyer, respondent in this instance, to keep inviolate confidential information acquired or revealed during legal consultations. The fact that one is, at the end of the day, not inclined to handle the client's case is hardly of consequence. Of little moment, too, is the fact that no formal professional engagement follows the consultation. Nor will it make any difference that no contract whatsoever was executed by the parties to memorialize the relationship. As we said inBurbe v. Magulta,6 -

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A lawyer-client relationship was established from the very first moment complainant asked respondent for legal advise regarding the former's business. To constitute professional employment, it is not essential that the client employed the attorney professionally on any previous occasion.

CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS POSSESSION.

It is not necessary that any retainer be paid, promised, or charged; neither is it material that the attorney consulted did not afterward handle the case for which his service had been sought.

Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him.

It a person, in respect to business affairs or troubles of any kind, consults a lawyer with a view to obtaining professional advice or assistance, and the attorney voluntarily permits or acquiesces with the consultation, then the professional employments is established. Likewise, a lawyer-client relationship exists notwithstanding the close personal relationship between the lawyer and the complainant or the nonpayment of the former's fees. Dean Wigmore lists the essential factors to establish the existence of the attorney-client privilege communication, viz: (1) Where legal advice of any kind is sought (2) from a professional legal adviser in his capacity as such, (3) the communications relating to that purpose, (4) made in confidence (5) by the client, (6) are at his instance permanently protected (7) from disclosure by himself or by the legal advisor, (8) except the protection be waived.7 Once a person asks for an advice, you just assume right away that there is lawyer-client relationship that is established. Even in the absence of a contract, you still have a lawyer client relationship. Once it is established, you have to be confidential. You can’t even tell it to your spouse. Otherwise you will be in violation of confidentially. Everything is confidential. So standard is very high and strict. The starting point is when your client tells you all the facts and asks you for legal advice, that’s the point where attorney-client relationship commences. Client’s Funds

Rule 16.01 - A lawyer shall for all money or property collected or received for or from the client.

Rule 16.03 - A lawyer shall deliver the funds and property of his client when due or upon demand. However, he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided for in the Rules of Court. Rule 16.04 - A lawyer shall not borrow money from his client unless the client’s interests are fully protected by the nature of the case or by independent advice. Neither shall a lawyer lend money to a client except, when in the interest of justice; he has to advance necessary expenses in a legal matter he is handling for the client. You have to take care of your client’s funds. All the monies must be ed for. You hold separate s, as a good procedure, it is always good an established separate . So there would be no issues later on.

CONFLICT OF INTEREST A lawyer shall not represent conflicting interests except with the written consent of all his clients. -

(A situation that has the potential to undermine the impartiality of a person because of the possibility of a clash between the person's selfinterest and professional interest or public interest. It is a situation in which a person has a duty to more than one person or organization, but cannot do justice to the actual or potentially adverse interests of both parties. This includes when an individual's personal interests or concerns are inconsistent with the best for a

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customer, or when a public official's personal interests are contrary to his/her loyalty to public business. An attorney, an ant, a business adviser or realtor cannot represent two parties in a dispute and must avoid even the appearance of conflict. He/she may not with a client in business without making full disclosure of his/her potential conflicts, he/she must avoid commingling funds with the client, and never, never take a position adverse to the customer) -Kristine Quibod-

Legal Counseling (June 25, 2012) Let’s go back to our previous discussion, wherein we have said that practice of law is not a business. It is not a money-making venture. But, at the end of the day, you must consider the fact that your practice must survive the competition. And we have to the fact that we have a family to . So, these things, these are the important considerations to weigh vis-à-vis the idea that practice of law is not a business. Unless of course, you go as a government employee, or corporate lawyering. You know, when you are a corporate lawyer, you can receive a regular salary, you don’t have to worry about other costs, about your employees’ salaries. The salary comes in every month, every two weeks of pay period. If you are happy with that, that would not be a tiresome work. But, for those who would like to start on their own, they have a lot of things to think about. Practice is not a right, rather a privilege. That is why we have a lot of ethics, rules, ethical rules, and you also talk about professional responsibility. And if you fall short of these professional responsibilities, or you violate these ethical standards set to your profession, you can be held liable criminally, and that your practice of law can be suspended or you will be denied in the practice of law. It is a privilege subject to the mandate of the due process. Of course, you will be given a chance to explain and defend yourself.

And I think that this would be a perfect topic in your subject of legal ethics where you will discuss more in depth the consequences of violating the ethical standards of legal profession. When a lawyer violates his oath, then what is the legal consequence? Instances that is considered practice of law: So, last week, we have mentioned of the case of Burbe vs Magulta ( . Case No. 99-634, June 10, 2002). It has mentioned a discussion of what is a practice of law, what constitutes the practice of law. When does a lawyer and client relationship commence? So, from the decision of the Supreme Court, it would seem that if a person will come to a lawyer, asks for his advice, gives you all the facts of his case that was filed, with the intention of getting a legal advice from you, then if you did not arrived in an agreement, or you did not sign an agreement, or even if you will say that now, you have to hire me first before I will give you an advice. Clearly, the rulings of the court say that even the moment you give him an advice, and this all happened with the knowledge of confidence, then, there exist a lawyerclient relationship, immediately.

Now, what are the instances that are not considered as practice of law? 1. Gratuitous furnishing of legal aid to the poor and unfortunates who are in pursuit of any civil remedy, as a matter of charity, does not constitute practice of law. I dare say that this is debatable. Even an indigent client deserves a good legal advice. They expect that when they have a lawyer, that such lawyer has such skills. So, you cannot, just turn around and say, that this is all charity, so, there is no lawyer-client relationship. So, I think that this point here is debatable. For example that you are a lawyer, people will come to you and they will pay you. You must render the same equal effort and service to your clients who are indigent and those that can pay well. 2. The mere search for records of realty to ascertain what they may disclose without giving any opinion or

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advice as to the legal effects of what may be found, does not constitute practice of law.

So, you said to a client or a friend, a friend who knows that you are a lawyer. Your friend will say, can you send somebody who can check the status of the title in the of Deeds. Whether the property has been mortgaged or not? Whether the title is clean or not. So, you send your staff, or you yourself will go directly to the ROD. That alone is not a practice of law. As long as you are not giving legal advice as to the legal effects of the document. Like when you say that this title has an encumbrance. So, what are we going to do attorney? So, you’ll give an advice, like you have to institute a case to clean the title, or how to get rid of an encumbrance. That is already giving a legal advice, and a lawyer-client relationship already arises. You are already practicing law. 3. Work involves a clerical labor of filling in the blanks on stereotyped form or a mere mechanical act of copying from a file copy or finished documents which involves no legal thing, is not considered legal practice.

So, this mere involves mechanical act. No advice was given. So, if you are ask, if attorney can you help me in filling up an application form maybe for an insurance application form. You can argue that, that was not a practice of law. I merely help and assisted the client in filling up the application form, and answering the questions one-by-one. So this is a kind of assistance that you give a person, but you will not be considered as someone who is practicing law.

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

Why is that important? Why do we have to ask ourselves, “am I practicing law?” Why? First, we have to consider the fact “am I entitled to collect attorneys fees?” If you are dispensing advice,

and you are not collecting an attorney’s fees, you better stop being a lawyer. You have intellectual property. The advice that you give to your clients is considered as intellectual property. You have to attach a value to your intellectual property. Who determines the value? You yourself. If you think that you gave your client a very good advice, then you have to collect an attorney’s fees. Even advice on telephone calls, some of the lawyers do not want to give their personal numbers, because there are clients who will sometimes call, and ask for questions and even tell stories. They assume that because they did not go to the office, the lawyer will not charge. So, if you are the lawyer, you can send them an invoice, saying, “conversation, so and so, date, and the amount”, then you send it to the client. Of course, not all clients are like the ones who go to your office, have some chit chat, but somehow, they are actually fishing for some legal advice. But, there are also good paying clients, and that you have to take care of these paying clients.

Second, basis for filing action for usurpation of official functions against one, who not being a member of the bar duly licensed to practice law by the SC, represents himself as a lawyer to the public and performs acts pertaining to a lawyer by means of deception to the prejudice of the bar and the public.

The person you are not to, later on, you discover, is not really a lawyer, or is not supposed to be practicing law, so, you can file an action for usurpation of official functions.

Under Rule 16.01 of the Code of Ethics and Responsibility:

CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS PROFESSION.

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Rule 16.01 - A lawyer shall for all money or property collected or received for or from the client.

If you are an of an estate, you have the titles with you, you have many responsibilities, you have istrative responsibilities, you have to make sure that the taxes are paid, that the properties are earning properties, that the rents were collected. So, with all these responsibilities, you are entitled to a fee. You have to be paid with a fee. And that fee will be paid by any income the estate has. That is why it is very important to separate you monies and income from the monies and income of your client.

So, what will you do if your client thinks that your lawyer-client relationship will be a long one, so, he deposited a hundred thousand to cover all the expenses you may have in dealing with his legal problems. So, you must have a separate trust fund, there must be a separate ing of your client’s funds from your office and own funds.

If you are an of an estate, you must render regular ing to avoid confusion. In order to make sure that there is a proper separation of funds and properties.

Lawyers who appropriates their clients’ funds are violating their professional ethics, and code of professional responsibility.

A big law firm composed of 15-20 lawyers, in the states, a big law firm, nationwide, may be around 500 lawyers; a mid-size lawyer may be around a hundred lawyers, a small size lawyer, maybe around, 5 to 10 lawyers.

So, when you have big law firms, you have different departments, different specialties, you have tax, realty, labor, litigation, environment, corporate, etc.

Area of litigation handled by those who specialized in litigation, they do not actually have this delineation whether be it criminal or civil cases, because the only difference id the amount of proof needed.

So, there are firms that may be hired by clients, like for example Apple and Microsoft. So, what if your clients tell you that they want you to be their exclusive lawyers, so, when you say yes to one of them, you will have to say goodbye to one of them So, we have this what we call ethical wall, or also called the Chinese wall where certain sections of your law firm are barred from knowing what the other departments have, such as any documents or information about their clients. They cannot look on the data base that includes the pleadings filed by the partners of the other section. This is done to prevent conflict of interest, unless you get the written consent of your clients.

So, as a solo practitioner, you will also encounter clients that are like that, but just that, if you feel that there is conflict of interest, you have to make sure, and you want your client not to go away, you have to get the written consent of your other client.

Now, options for lawyer: 1. Solo Private Practice  Advantages: a. You’re the own boss, you have to or out. b. working hour is manageable You can go to the office any time you want. c. You can handle and choose how much workload you want to accept

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You can choose the case you want to handle. You design your own system, since you are your own boss. You are the own boss, but, at the end of the day, you hold responsible to the success of your solo practice.

2. Assistant or associate in a private law firm a. Generally offers better opportunities

d. You can choose your own clients  What are the disadvantages? a. it is a maiden practice and it does not yield a lot of clients because no client will go to lawyer without reputation b. must build network of referrals from families and friends c. “feast or famine income” d. All expenses are shouldered by solo practitioner e. No extra when pressed for time f. Both istrative and legal concerns will burden the solo practice It is your first time after ing the bar. Like, what if you set up an office near Ecoland, Davao City. You put up some signs that you specialized in different fields, separation cases, civil law, criminal law, and any other schemes. You are not supposed to do that, but some of the other lawyers try to be creative. Those were signs that add up to your reputation. So anyway, you set up an office, your first client would be your families and friends. And there would be cases that you do not know the solution, so you have to study the facts of the case, because being in a solo practice, you have no one to help you other than yourself.

You do the case, communication. Of course, you have to have your secretary, process server. You have to have these people after someone opens your door, if you don’t want to see yourself serving this documents to other lawyer’s office. It’s good if you do not really care about it. But, if your objective is to get as many clients as you can, you must set up a system already. What if you have a client meeting in Marco Polo, a hearing in Davao del Sur? Who’s there to help you?

Like you are the one who applies for certification, other documents and papers. That is why new bar ers do not go to solo practice immediately.

In working as an associate in a private law firm, offers new opportunities. Usually formed by batchmates and classmates in law school. Sometimes, there are lawyers who can get good clients, so these existing law firms hire you.

b. Existing partnership usually have financial capability to defray overhead expenses of maintaining a law office. So, if the firm has been in existence like about 10 years, they have already number of clients that can help in the payment of rent, the staff, office supplies. You have to make sure that your staff is happy because you have to work as a team. And when your staff will leave, you have to train all over again. What are usually overhead expenses? Water, rent, office supplies, salary of your staff, the janitors. It does not help if your office is not neat. Even if you have a small office, it must be organized and presentable for your client. That your clients will not be offered with plastic chairs.

PARTNERS  Partners agree on articles of partnership/financial agreements to avoid future misunderstanding (e.g. how to bring in income the partnerships; how to divide income for clients they have individually brought in; discuss expectations).  Partners agree on how to contribute to the cost of operations (rents, staff, utilities, office supplies, including information technology) Some of the more complicated partnerships, they invest so much that they get points out of this invested. So they can argue that I brought this much client, thus, I

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got this much points, and then, you can demand a higher pay. The points will be the basis of your share. That is if you are a partner. If you are an associate, you have a fixed salary as an associate.

In other law firms they have an agreement as to where will the money from the notarial funds go, usually, it is placed in the common funds of the partnership. So if you are a ten-lawyer firm, you have to make sure that you have an organized structure. Somebody has to be assigned as to the day-to-day operation, so someone has to be a managing partner. The managing partner oversees the money of the firm, the overall person.

Then you have to have a human resource partner, not somebody who has a Ph D in human resource, just someone who will address the concern as to human resources. He will oversee the appointment of staff, how to dress in the office. This may not be a legal concern, but this boils down to the core of the office. Happy office, happy staff.

Then we have a general counsel, or somebody who will oversee if there are conflicts of interests in handling the cases. If there are conflicts of interest, he shall be the one to decide on who will handle the case or represent the client.

Then we have a chief financial officer. Make sure that your books are updated, and have an ing of your income. So, your financial department will also be the one to oversee whether or not your firm is earning. Because if you are not earning you cannot expand. If you are earning, maybe you have plans of transferring to a bigger office. It would be a lot better when the chief financial officer is not a lawyer at all, because he will just tell you straight that you just need to bill more. What he is after is that you must bring more clients. And it can also be an ant that you just hire per period to do the ing.

Then, you may need a marketing professional, if necessary, who will be assigned in communications and in bringing more clients. Advertising is not supposed to be ethical, but there are ways in going around that. You can be creative. Sometimes, we lawyers we tend to be modest of our achievements, but if you have four children to send to Ateneo de Davao, you need a lot of money. While young, you must be more aggressive, you must be out there presenting yourself, you must bring in more clients, because this will translate to income, people engaging your services.

You won’t like to turn down any client. You deal with one case, and then you develop such expertise. It is manner of presenting yourself. Wrapping yourself, not with myth, but you can study each case. You learn as you go along.

3. ing a corporate law department

Option of being a legal officer in corporation law department, we are talking about corporations. Like in Coca-Cola, they have external counsel. When they think that they will need a lot of lobbying, they tap partners who are prominent in the society, or have lobbying powers. But such corporations have their internal counsel or general counsel.

The nice thing of being a lawyer, unlike other professions, after you finished banking and finance, you get hired by a bank, you have to go up through the ladder. A lawyer, in the organizational structure, is immediately under the office of the president. Because the president usually needs the services of lawyers.

Generally, position offers higher compensation and other pecuniary and fringe benefits not usually enjoyed in private practice (large law firms through creating their own fringe benefit package like health cards.)

10



 Disadvantages

How do you a corporate law? It can either be: a) referrals;

1. Difficult to a lawyer to switch to private practice because of financial considerations. People working for business corporations hesitate to go to private practice because they are giving up high compensation.

2. Work is limited by the legal concerns or business of the employer; some employers allow their lawyers engage in private practice on the side but a rarity than a regular practice. 3. In formal law departments, the head lawyer is referred as general counsel who carries the responsibility as director or officer of corporation. The head lawyer reports directly to the president. The usual basis of sectioning is the legal subject matter – for instance tax, corporate affairs, real estate, litigation, patents, labor, immigration, and insurance. In some corporate department, there is some kind of formal sectioning is done by istrative, individual corporate subsidiaries, civil, law, criminal law special proceedings under litigation section.

Every corporate law department adopts a system by which lawyer’s work is assigned. The corporate policy must be to comply with the law as the law department construes it and all officers and other management employees and all the lawyers in the law department must know this is to be the case (O’meana, 12 the Business Lawyer)

b) recruitments; or c) pluck out of private practice.

Future of a lawyer in a corporate employer Law department careers are usually put in favorable lights with stress on how varied, import and exciting are the legal problems dealt y a corporate counsel, the excellent opportunities for advancement, with allusions to prospects of ultimately moving up into management, and the favorable financial remuneration including starting salaries, regular salary increases, and such supplementary fringe benefits as bonuses and stock options.

 Other Disadvantages (c/o Barte) 1.lesser chance of doing litigation work Corporate lawyers, they do not see each other anymore, while those in litigation, they see each other in court.

2.isolation of many corporate lawyers from professional s outside the company and busily engaged in its daily routine as to lose lawyer’s sense of proportion of craftsmanship in approaching legal problems and to substitute off-the-cuff impressions 3.hard legal study and analysis are usually encountered by private practitioners

11



Your drive to know more is not as much as those in private practice. Imagine that when you the bar, you think you no longer need to study. No, it is a constant discipline. 4. Government employment (government offices and institutions, and GOCCs) It is the biggest single employer of lawyers. Government is always a fall back for those who can’t find their luck in private practice.

Government employment covers all branches such as constitutional commissions. The DOJ is the mother department of the prosecution service – Sol Gen, Government Corporate Counsel, PAO. The judiciary departments, GOCCs and other governmental institutions, in the provincial and municipal positions, the legislative departments which involves policymaking in both Houses. So, hindi talaga ako maniwal if there is someone who is an unemployed lawyer, sobra naman yun. (LOL!)

 Advantages 1. 2. 3. 4. 5. 6.

Steady income – future GSIS pension Not as stressful as private Room for advancement in bureaucracy For women, accommodate domestic schedule Develops expertise for private practice Salary depends on salary grade, but generally high

 Disadvantage 1. You get stuck up to your job

Legal Counselling July 9, 2012 Chartering an ideal law Office: Putting a new law office -were talking maybe after 4 years or 5 years and you have set aside an amount to fund your own law office. Even it is just a small law office; it is still an expensive undertaking to run. You need office staff like messenger, secretary etc. Physical set up – where to build your law office. Location is very important. You should be near the location of big clients. Nowadays I can see law firms just beside a cafeteria, or hardware or automotive store. These clients may need notarization of documents from time to time. Not necessarily in a high rise building or in a second floor building. As long as you can bring in clients, that’s okay. Law practice is a very noble profession. I know of a law office where the wife runs a beauty salon and from the outside you can see a sign XYZ law firm. So a law office operates there. This is done maybe to cut the cost. You combine business to have only 1 rental. You have to have a good staff. May telephone courtesy, may office niceties. Especially Filipinos do not have that telephone courtesy. Teach your staff office manners. Office staffs that are not nagging each other all the time, too noisy like NCCC sales staff. In my office in Canada, it is so quiet that even if a pin dropped, you can hear it. People just work and do not chat at each other. Do not allow your staff wearing flipflops (with toe nails uncut) while roaming around the office. What must an ideal office have?

It is because with a well paying salary, you find it difficult to leave the same employment which guarantees you future security like being entitled to a GSIS pension upon retirement. -

Carell Ryza Nartatez-

 Is the office appropriately indentified or accessible? With huge names on top of the building to show people that there is a law office. Some clients just walk in if they wanted a document to be notarized. so if your location is okay, it would really help.

12



 Does it present a neat appearance? Are the files properly set aside/organized?  Is there an ample room? Every inch of your real property must be utilized. Have a space to walk around.  Is the ventilation adequate? The aircon is functioning or at least with an electric fan  Are walls attractively decorated? This will show your personality. Try to avoid cutie cutie stuff. They would be nice if they are just accent in a table. They are okay for a pediatrician. Just put paintings (even a reproduction) with nice frames. To show that you a professional lawyer.  Are offices cleaned regularly? If you enter a lease agreement you should ask if they provide someone to clean the office or it is you who have to be responsible for that  Do you provide for drinking water facilities for the client and staff? If a beauty parlor can provide for iced tea, no reason that a law office cannot do so. Tell your assistant to offer the client something to drink especially if they have to wait.  Parking facilities.  Washroom faculties.  Reading materials ( legitimate newspaper or others)  Have a conference room to discuss confidential matter. the rule on confidentiality of agreement between you and client. Your staff must sign a confidentiality agreement. Warned them that if confidential matters leak, they may be held liable too. Make your staff aware that information that comes to the office especial from clients must be treated with utmost confidentiality.  Library – for your SCRA, law books. Even just a small table with book case.

 Do you discard obsolete books? You may keep old books for reference but have an updated copies  Are books maintained in good repair. But with the advent of e-books or other software you can have them. But iba ang dating ng physical books than an e-book especially in dealing with clients.  Equipment – (typewriters, adding machine, computers, photocopiers). For photocopiers, if you buy it, you will be stack with that machine forever and pay a repairman if there is a need. If you just rent, its kind a expensive but at least you are assured that they will maintain it daily and update for a new version when you renew your contracts. In my experience, big law firms tent to rent photocopy machines. They treat it like just water and light. They want the latest technology and not stack with the machine. You can replace it whenever you want. For your computers or wifi, you need it since internet is part of an office already. A big chunk of your work is lessened by internet and you work efficiently. You also need adding machines, and typewriters. Whether you like it or not, you need typewriters. Especially government forms which can only be filled by typewriters but at least an electric typewriters.  Inter office communication – fax machine, scanner because some clients do scan documents and send thru email. You have to be fast, technologically updated.  Technologically compatible – software for huge document like advance adobe program for scanning and storing data. You can do a lot of things with that software for easy retrieval of voluminous data.  Software on ing, book keeping.  Train your staff to be accommodating (like “ay dili man na mahimo mam/sir”) staff should be trained to become problem solver. Try to do something out of the box.

13



Opening a law office In opening a law office this also means organization. You have to be organized because that is the key to efficiency. You have to design your system on how you do it. Each and everyone have their own style. But everybody should have an efficient filing system. FILING SYSTEM o

Lawyer will design the filing system for his easy access.

o

Major categories of files:  Client files  ing files  files

If you have a good and efficient secretary it would take half a load off your back. You will just think on your legal issues. A good assistant will always keep track of the deadlines, billings and others. You don’t have to think of those things.

magkakawalaan. You should be able to track who’s getting what. •

Numbering of folders, number of bellows. If you have a smart assistant, she should find ways to be able to organize the files.

•

Color coding of folders ( example: white for general correspondence, red for billings, the rest are brown folders)

ing files - You have to know your ing files if you’re earning or not. So that you know your collectibles or how much your payables are. Some big firms have chief financial officers, they are not lawyers. They just look into your performance if you’re earning money for the firm or having problematic s. •

Separate from the s folder. You have to have a book keeper to check your payables or receivables. Do not make your assistant your book keeper baka maging hawak ka nya sa leeg.

•

Office ing for clients. Always deposit any money that coming in. all funds especially client money.

•

Salary of staff. That is in your ing. Even you, you have to give yourself a salary. Do not treat it as your money. Think like you are also an employee of that firm. So that you will be able to know which fund is your profit or income of your office. Most solo practitioners are confused. They do not have financial plans; they mixed funds so they cannot determine their income. You have to distant yourself from the law office. Give yourself allowances (for coffee with client and other expensed) and for it.

•

receivables / s payables. Bookkeepers shall fix this and you shoud not worry baka maputulan ka dahil may red bills

•

Overhead expenses and government fees.

Client files – •

Must contain folders (expandable files) up to 2 inches. In North America, they have these things which can expand up to 5 inches. That is the basic file folder.

•

Folders for client details, general correspondence, billing address and numbers, email addresses of client especially if it’s a big office client. Sometimes office addresses are not the billing address. You have to update your files. Print those important emails.

•

If litigation file, make folders for pleading. You have to subdivide files if it is already a big file. If other people will work on your files, hindi

14



istrative file •

Personnel folder – must sign confidentiality of agreement; depending on how efficient the organization should be.

•

hip in professional organization – IBP, or other local chapters.

•

Publications (articles written and published) part of their professional development. This is also a way of advertising your expertise. There is this publication in America where your law firms are published but you have to pay for it. This is regarding the expertise, so the publication rates the law firms according to expertise so as the lawyer. This is for recognition.

Electronic Data Bank 

Supreme court decision – you can buy software for some providers



Word processer - for templates etc



Billing



ing



Office networking



Avail software applications for efficiency bookkeeping

-

Philip Galagar –

•

Marketing – this is about sponsorships.

•

Office lease agreement.

Legal Counselling

•

Information technology.

August 2, 2012

Calendar System 

Must set up calendar system in the office. This is for deadlines, schedule for the day or week or appearances in court. So that you assistant can monitor you.



This could be done electronically.



Deadline for pleadings must also be monitored. Arranged according to the most pressing.



The following week’s schedule should be finalized on the Friday of the previous week and this shall be given to lawyer. Usually the secretary print the calendar on the Thursday so that on the Friday the lawyer knows his schedule and he can make use of the weekend if there is a need rush something. The assistant must know your schedule

CONTRACT OF EMPLOYMENT: Express or implied, verbal or written In case of series of work for the client Discharged without cause: entitled to full compensation With cause: not entitled to compensation either under contract or basis of quantum meruit If abandons case or withdraws without justifiable cause before its termination, unless with consent of client

Contingent fee contract As long as contract is not tainted with fraud, undue influence, mistake or suppresion of facts on the part of the lwyer of contract shall be implemented against the portion of the client's property subject of

15



the contract but only if the suit or litigtion is favorble to the client

Establish targets: identify types of works and clients, and identify specific audiences and communities that will allow the interface with the lawyer

If case is lost, no payment of fee If fee agreed upon is unconscionable, court may step in to make it reasonable

Identify 3-4 Business devt activities in a year - something lawyer likes and does nturally

Other factors:

- get active in

Other unexpected incidents like filing and arguing a motion, estimated time and effort to be spent for arguments

Trade orgs

Expenses to be incured in erfecting an appeal, preparation of appeal briefs,

execution- report back and follow-through

Business-like approach in fixing and payment of attys fees Delays must be explained to the client

Track results- vis- a-vis your financial plan so success can be measured

Canadian lawyer magazine feb 20, 2012

Bottomline: transparency Marketing of services: draw a marketing plan Business developing/ marketing for law practitioners

Impt considerations: - know what your clients value

Getting your name out there Big law offices have rainmakers, the rest pf lawyers do not develo their books of business Aim for sustainability of practice

- know your goals- short, long-term - know resources- how much money can you spend in marketing - focus your resources to your target segment

- to achieve success in their legal careers - to promote growth of their law offices Strategies: marketing is a sport - pursue profile and confidence-builidng activities E.g speaking engagements, publishing articles, etc

4 Ps of Marketing 1. Product: identify a need, then provide a service that adresses that need uniquely. Don't be a "me, too" law firm, create a quality product or service

16



2. Place: a question of access, physical access, also consider the internet (this has re

sure the client is satisfied with this arrangement; misunderstanding must be clarified right away

Defined physical )

3. Price: this is the entry point; allows your cients to see if they can continue their relationship with your office

When you kind a grasp already what you are supposed to work on then you have to tell the client the scope 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.

4. Promotion: within thebounds allowed by ethical rules (advertising your name in magazines, referrals, etc

Never take more clients than you can handle with loving care For endless referrals, build relationships to last. Keep your friends close and your enemies closer, you never noe where that referral will come from.

When building your business strategies, keep in mind the client perspective foremost in both delivering and marketing our legal services The practives of law is a business and pleasing the customer benefits the customer and lawyer.

-Raia TumandaLegal Counselling

So if there are misunderstanding like akalakobaattykasama yang out of pocket expenses sa lawyers fee nanapag-usapanna, akalakobahindi nay an ichargesaamin. So the 1stinstance clarify it right away.

-

Personal demeanor and behaviour of lawyer towards the client

o

Doing a good job not enough;

There are some lawyers come in different sizes, there are lawyers very gorgeous, very dignified, there is also like the justice secretary (I suggest not to follow her ) you don’t have to d that you are a lawyer very stiff even with wearing scrap but I do like scrap but since Sec De Lima wear it every time I will find another accessory. 

August 6, 2012 Keeping Clients

-

Protect and nurture the relationship o

Client is boss

o

Define relationship from the start, things you will do and do not do; make

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

Your behaviour and appearance really matters in dealing with the client, do you inspire the client? Do you

17



appear like the client trust you? Do you have clean finger nails? All this class will matter so you need to be professional in your appearance, bakanaman you went to the office perohindinakaplantsaanginyong polo & barong so it is not enough to do a good job.

Example meronka motion din you are with your client in the court pro sasabihinng client mabaho man siAttyoi, panalongaang motion mo pro nahirapannamnhumingaang client so doing a good job is not enough.

Human nature always calls for sympathy, so when you go to doctors din you are explaining already lahatng feelings mo pro parangwlalng so mainiskatalaga so dpat you must be sympathetic to your client.

Example your client was confronted with credit card debt and has been sued for collection also needs a sympathetic hear ear, so huwagmonamansabihinnacgeka man gudgastos so knggibayarannanimowlanauntaproblema, you should not say that. You should say may be by the time you have a money we can settle half of this we do not have to go to the next hearing, meron pa man yang mediation wag namansabihinbamalakinaitomasyadomalakina interest nito bah! So pag-ganun goodbye law practice.

o

Friendliness; promptness (no procrastination); courtesy, respect for clients; business-like attitude;

consideration in keeping the clients informed or updated;

Friendliness is very important. Kung ang client mo finds it so hard to express himself in English wag karinnaman

mgenglish2x, pgbinasaya sad what is important is that he understands you.

Promptness is also important, do not procrastinate because we lawyers we live by deadlines. So lawyers their professional life run by deadlines so do not procrastinate. Some lawyers pag-early pa dli pa mgworkang mind then pag4pm nadhanamgcge dictate sa secretary so who suffers from the pressure of the deadline? You poor secretary suffers because eventually she would be the one typing or filing so that is unfair!

Courtesy. We Filipinos it is not innate in us namagthank you paranganghirapngmgthank you bah. But if it is with the client you have to be courteous.

o

Availability at all times, telephone calls, emails, text messages

Always that if you communicate with the client make sure you have a hard copy, because there is no substitute for documentary evidence yungmga text nabuburayan. In North America for example they issue subpoena ducestecum through emails so they will print that hindiyannawawala.

Whether you like it or not you cannot say that when the client is calling in 11pm you will end the call, yun pa naman client who are calling because they need something or they something to tell you all of the sudden, you have to answer it because some client will be irritated because they think they are 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.

18



o -

Keeping the clients informed on what:

o

Update of case or matter subject of retainership

So say what is there is nothing going on the case, you still send the client about the status of the case

You may discuss the clients with the status of the case like after six months there is a possibility of entering into compromise with the adverse party, you should discuss this with the client. You should not say natapusintalaga naming ang case bapanalotayo, pro talonamansyasaattys fees. So to be fair and to show your client that you are in good faith you must discuss this with him.

Let us say after the hearing this week you must send client a status letter regarding the status of the case.

The whole point of sending the client letters so that your client will be impressed of your industry and of course with the industry comes the billing statement.

o

Prompt response to inquiries (re billing; status of the case)

So for a case namatagalmatapos, like a simple civil case is 2 to 3 years, so as much as you wanted the client to know the status of the case you must also clarify with him the billing or expenses like the photocopy, peroyungmga status letters mo wag mongichargebakasabihinng client naAtty wag kanalngmgsendng status letter. 

So you have to update and don’t be late in your billing, or don’t delay as long as you have like the itemized expenses for your client and the description of the work done then that would be good enough to bill the client. Of course your status letters must also be filed, there must be a separate folder for that.

Opening alternatives or options to client for speedy disposition of cases

o

Bringing client abreast of development in area concern

This is true with specially to the corporate clients like their area of business are politically sensitive, like a mining firms, so the lawyers should keep track with regards to the bills in congress. So if your client is a big entity and it seems that they will affected by legislation, by local legislation like zoning you have to tell your client that is part of your service. Especially if you are the retainer of the client.

o

Transparency in billing

When you sent your statement make you must detailed there the work undertaken during the past period.

-

Train personnel or staff for professionalism; must understand pressure of legal work and confidential nature of work.

19



Do not think that keeping the client only your relationship with him that matters, it is not, it should be the whole office. So kungang assistant momasyadongmabagal that will reflect on you right? So make you’re your assistant/staff are properly train they must know and appreciate the kind of pressure that they have and they must be courteous, respectful and must know the confidential nature of the nature of the work.

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

-

Must always be in touch with the staff; staff should be trained to handle with clients who always need asap attention

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

What the client really appreciates is the quick response. If there is a valid reason to call you so answer it and discuss it may be over the phone.

-

Office must conference

be

conclusive

for

private

The office must be a nice place to deal business with. There are clients you don’t mind the appearance of the

office but there are also are so particular of the offices. Make sure there is a room there wherein you can make conversation without being heard by the entire office. -

Rosalie Nuneza-

20

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