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 per perform

formin
ing
g any activctiviity
 pertaining to a bonafide member of the bar which is
carried out on a habitual or continuous process and
tran
transl
slat
ated
ed into
into acti
action
on by mean
meanss of givi
giving
ng advi
advice
ce,,
Legal
Legal Counse
Counseliling
ng is basica
basicall
lly,
y, is meetin
meeting g your
your client,
client,
drafting
drafting of documents
documents or appearance
appearance in court
court or other
knowing his woes, knowing the reason why he came to
administrative or quasi-judicial body involving
involving the use of
you and giving advice. For a lot of people, you come to a
 faculty or intelligence of one skilled in law who is
lawyer
lawyer,, and say attor
attorney
ney,, ang sanga sa manggamangga sa
entitled to a legal fee.
among silingan, nagbarog na sa akong fence. !wede ba
nako na putlon"# $hat is already a legal issue. Can he Let0s break it down6
cut such branch of that mango tree" Can somebody
rememb
remember er the law on property"
property" %& can hear people people  Any activity pertaining to a bona fide member
member of the bar 
whispering haha'( Can he cut down that branch" )us
nakali
nakalimot
mot na lagi'
lagi' *hen was the last last time
time you had 2 ou
ou hav
havee to be
be a mem
membeberr of the
the bar
bar for
for you
you to
to
property" Last year" +y goodness' ou know when you practice law. $hose who are under2bar, there is
go to private practice, ang -uestion hind what is the a program wherein law students are allowed to
corporate share of class A class B#. but Attorney, unsa practice, but that is governed by a special law.
man tong iro sa among neighbor"# anyan ang mga
Which is carried out on a habitual or continuous process
tanong ng mga kliyente ninyo. ou have to know this
thin
things
gs,, not
not kad
kadal alii lang
lang ha"
ha" $emp
$empa a lang
lang.#
.# )o youyou 2 7abi
7abitu
tual
al and
and con
conti
tinu
nuou
ouss proc
proces
ess,
s, so
so you
you go out
out
resear
researchch on that,
that, Apoll
Apollo.
o. ive
ive me the answer ne/t there and present yourself as a lawyer, and you
week. $hose are the type of -uestions. & got involved perform an activity in a continuous process, you
with my daughter0s !$A so & get to know the teachers, don0
don0tt 8ust
8ust draw
draw a docum
documen entt once
once in a blue
blue
and 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 be ran
ransl
slat
ated
ed into
into acti
action
on by mean
meanss of givi
giving
ng advi
advice
ce,,
careful ha. *hat are the grounds for him to chop down drafting of documents
that
that tree.
tree. )o youyou have
have to be carefu
careful.l. +ero
+eronn pang
pang
Attorney, kaning akong anak ba, wla nako na rehistro 2 $hat0s where your legal forms become
pag anak nako niya bah unsa man ang akong buhaton"# important.
anun nay an, she got married, she had a child when
!r appearance in court or other administrative or quasi-
she was single, she got married to another man, and the
 judicial body 
child is using the name of the second husband. &s there
a valid adoption there" $his are the things that come 2 5ven
5ven if
if you
you 8ust
8ust app
appea
earr in cour
courtt and
and say
say ou
ourr
into your radar when you open your new illanueva 7onor, & move to postpone# that is already a
Law office. )o let0s say illanueva2 3ntal2 arcia Law practice of law. &f you0re a part of big law firms,
3ffices. )o, you think that someone goes here and says the 8unior lawyers are usually the ones sent to
& want
want to filefile a casecase for
for viol
violat
atio
ionn of intel
intelle
lect
ctua
uall do minor motions, kaba9/ ka pa nyan. But you
property law# 4o you think you0ll have those clients know class, the 8udge will always decide based
here in 4avao" )o wherever your office is, yun yung on the documents presented to him, all these
mga
mga probproble
lema
ma na na haha hahararapi
pin
n niny
ninyo.o. Att
Attor
orne
neyy things you see in Boston legal, are mere tactics
nawad2an kog lisensya# *hat does he do" ou need to of impressing the client, but at the end of the
draw
draw an affiaffida
davivit.
t. 5ven
5ven if youyou draw
draw a veryvery simp
simplele day, the 8udge will decide on the basis of your
documents, you must be sure that these documents documents.
comply with re-uirements of law. And once you give
advice, even if hasn0t paid yet, you are already engaged !ther administrative or quasi-judicial body 
as a lawyer.
 LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 9

Based on the lectures of Atty. Cecilia Angeles

2 *hat is an administratrative body" *hat is a 2 &t is

is a skil
skilll invo
involv
lved
ed in
in the
the cond
conduc
uctt of any
any hum
human
an
-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 an
2 ou
ou know
know thi
thiss is real
really
ly com
compl
plic
icate
ated,
d, the
the use
use of
of art. &t is "c#ence becabecaus
use
e it invo
involv
lves
es the
the preci
precise
se
faculty or intelligence of one skilled in law. 7ow application of legal principles and statutes to a given
do you become skilled in law" 3w well, in your state of facts. ou have a legal principle of e-uity, %what
1st, 9nd or :rd year, you can0t say that you already else" &n pari delicto( those are legal principles and you
use your faculty, but you can already say that have to apply these principles to given set of facts. )o in
you are using your intelligence, your training, of a way, you can0t measure it, it is not appropriate if you
your studies. And above all, this performance of do not apply these principles to facts correctly. $hey
an act, is supposed to be compensated, you are must be applied
applied correctly.*hy
correctly.*hy $rt" Because it involves
entitled to a legal fee. analytical reasoning and language. ou know class, law
is a very, it language centered. ou never do away with
*hen you do these things, you ask yourself, are you
5nglish in the practice of law. &t is the number one
already
already in the practice of law" es, you are. But even if
instrument when you engaged in the practice, especially
you are appearing in 8udicial, administrative or -uasi2
to the court and your peers. $he decisions are made in
 8udicial bodies, you draft documents, but you are not
5nglish. $he world is getting too small, the language of
signing the pleadings, are you in the practice of law"
business is 5nglish, we travel we use 5nglish. )o 5nglish
Actually you are not in the practice of law. #$ota bene%
will be there whether you like it or not.
If you are not signing pleadings, you are not engaged in
the practi
practice
ce of law& ou are doing the things that is  Analytical reasoning
actually done by a lawyer but you are not engaged in
the practice of law. $o be in the practice of law, you are 2 !rob
!roble
lem
m solv
solvin
ing
g or ana
analy
lyti
tica
call reaso
reasoni
ning
ng..
the one signing the documents. $here paralegals, they
seem to be lawyers, they have knowledge of law, but )iving of advice or information
they are not members of the bar but they are virtually
2 &t may
may be preve
preventntiv
ive,
e, cura
curati
tive,
ve, not
not nece
necess
ssari
arily
ly
doing practice of law, but they are not law practitioners.
advers
adversari
arial.
al. +aybe
+aybe the -uesti
-uestion
on on hand
hand is
*hat is the ne/t step" & want to register my
lan
land# ;egi
;egist
ster
eriing a deedeed of sale
sale is not
not
LEGAL COUNSELING adversarial at all. $his is part of legal advice,
although it could be done by any person, when
It is the art of giving
giving advice
advice and inform
informati
ation
on you want to register your property you really
concerning the solution to a legal problem arising from don0t need a lawyer, but sometimes you know,
a given state of facts and the adoption of appropriate the client can pay the services of a lawyer.
reliefs or remedies under the law and enforcement of a
legal obligation before a judicial or quasi-judicial body. 'olution of a legal problem

*hy do we say it is an art" &t could be a science it could 2 $he problem to be solved is leg
legal. And you
be an art, it could be the science of law. *hy art" *hy know when an issue is legal.
not science" &t is an art, it is a science, and it could be
both. o a given state of facts

What is 'cience(  2 Avoi

Avoid
d hypo
hypoth
theti
etical
cal sit
situa
uati
tion
ons.
s. )o
)o to be
be able
able to
give advice, it has to be a given state of facts.
2 &t is
is any
any skill
skill or tech
techni-
ni-ue
ue that
that re-ui
re-uires
res a preci
precise
se )om
)ometim
etimes
es your
our cli
client
ent is a bit bit hesi
hesita
tant
nt,,
application of facts or principles. sometim
sometimes
es they
they will
will 8ust
8ust rephra
rephrase
se it. +insan
+insan
nahihiya eh. &f you know from your
What is Art(  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. &f you have certain complaint to the 4epartment of
&t has to be appropriate hindi yang &papatay $rade, you follow the rules and regulations to achieve a
nalang nato na bah# it must be a legal advice. certain process. *hen you follow the steps, at the end
)ometimes you don0t know, right" unsaon ko of the process there is a decision, such decision is made
mana attorney nang sanga"# it is a skill, if you by an administrative body as contrasted to a -uasi2
are trying to hide your ignorance, you must  8udicial body. >sually, a -uasi28udicial body sits en banc.
have to do some postulate like Ah, that is a bit For e/ample the <L;C, they sit en banc and make
complicated, &0ll get back to you on that, why decisions. But administrative bodies usually have sub2
don0t we schedule another appointment"# %8oke agencies under their umbrella. &f you want to -uestion
time( the decision, you bring it to the courts. ou have to
state there that you have complied with the
*nforcement of a legal obligation
administrative procedure, so that your action will not
2 $here is a legal obligation involved and must be be dismissed. $his is in relation to failure to e/haust
satisfied. &f there is no legal obligation, there administrative remedies. )ometimes you even have to
will be no cause of action. 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
o judicial body or quasi-judicial body  e/hausted all available remedies.

2 Ju%#c#$& '%   or the courts, from +$C all the

way to the )upreme Court.
LEGAL ET/ICS
2 *u$"#+u%#c#$& '% or administrative body
belonging to the e/ecutive branch of the +egal ethics is that branch of moral science
government vested with 8urisdiction to hear or which treats of the duties an attorney owes to his client,
ad8udicate non2litigious cases %& don0t think to the court, and the bar.
there is really such a thing as non2litigious
)o you have the client, the court and the bar. )o the
cases( with power to enforce its 8udgment or
code of professional responsibility, it creates
order and to punish for contempt. $his is in
e/pectations, responsibilities and manages
contrast to what and administrative body does.
e/pectations.
5/ample of a -uasi28udicial body is the <L;C,
the 4A;AB, )5C, C)C, C3A. *hen you take a ractice of law is not business.
look at their composition, you will see very
familiar provisions that are from the rules of 2 But & disagree, this is too idealistic. our law
court. $he service of summons, the hearings. office will not survive if you do not treat your
$hey are part of the e/ecutive branch of the office as business. & wouldn0t say, the practice of
government law is not a business, but this is right. But to be
realistic about it, you have to treat it as business
2 A%-#n#"tr$t#.e '% is an instrumentality of as well. $he practice of law sometimes you can0t
the government. &t is defined in the Administrative turn away from clients. )o in a way, you have to
Code. &t is all there. &ncluding departments, bureaus make sure that you have paying clients and your
or agencies. )o these are vested by law with paying clients, maybe ?@2@ percent. $he @
 8urisdiction to settle and ad8udicate controversies percent will be for legal aid, for relatives. ou
arising from the interpretation and enforcement of
a law. &t is also defined as a department= bureau,
 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
conduct of your affairs, public or private, must conform
In this day and age, members of the bar often
to, must be at par with the e/pectations of a lawyer.
 forget that the practice of law is a profession and not a
$he demand to be upright is both in public or private
business.3004 +awyering is not primarily meant to be a
life. +asyadong mataas ang standards nito. )o these are
money-making venture, and law advocacy is not a
the things that slip the mind of practitioners which are
capital that necessarily yields profits.3024 he gaining of
already in many years of practice that they tend to
a livelihood is not a professional but a secondary
forget that their private life is also in scrutiny.
consideration.3054 6uty to public service and to the
administration of justice should be the primary  As officers of the court, a lawyer must also be seen to be
consideration of lawyers, who must subordinate their of good moral character.
 personal interests or what they owe to themselves. he
 practice of law is a noble calling in which emolument is ou must also be of good moral character, and live your
a byproduct, and the highest eminence may be attained life with highest standards. ;efrain from adulterous
without making much money. relationships to avoid scandaliing the public. Lawyers
are very human, they make mistakes. )o, sometimes
4uty to public service and administration of 8ustice, these standards are very high, they fail to see the
emolument is a by2product. human in the person. But of course, different standards
apply. &t is really up to the person. &t is really up to the
he practice of law is not a legal right but a privilege.
complainant if he feels that 8ustice must be served, then
2 &t can always be taken away from you when you go ahead and file a complaint. $his is a very high
do something unethical. A bar candidate can0t standard. At the end of the day, the conscience has to
 8ust practice law simply by passing the bar. &t be clear. &f your client doesn0t have a chance in court,
can be taken with the mandate of due process. you have to tell him, you 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 fact
Rule 7.02 - A lawyer shall not support the application that one is, at the end of the day, not inclined to handle
 for admission to the bar of any person known by him to the client7s case is hardly of consequence. !f little
be unqualified in respect to character, education, or moment, too, is the fact that no formal professional
other relevant attribute. engagement follows the consultation. $or will it make
any difference that no contract whatsoever was
Rule 7.0 - A lawyer shall not engage in conduct that e8ecuted by the parties to memoriali9e the relationship.
adversely reflects on his fitness to practice law, nor 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 his
voluntarily permits or acquiesces with the consultation, lawful fees and disbursements, giving notice promptly
then the professional employments is established. thereafter to his client. Ce shall also have a lien to the
same e8tent on all judgments and e8ecutions he has
+ikewise, a lawyer-client relationship e8ists secured for his client as provided for in the Dules of
notwithstanding the close personal relationship @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 the nature of the case or by independent advice. $either
e8istence of the attorney-client privilege shall a lawyer lend money to a client e8cept, when in
communication, vi9% the interest of justice; he has to advance necessary
e8penses in a legal matter he is handling for the client.
#0& Where legal advice of any kind is sought #2& from a
 professional legal adviser in his capacity as such, #5& the ou have to take care of your client0s funds. All the
communications relating to that purpose, #<& made in monies must be accounted for. ou hold separate
confidence #=& by the client, #:& are at his 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 undermine
confidentially. 5verything is confidential. )o standard is
the impartiality of a person because of the
very high and strict. $he starting point is when your
possibility of a clash between the personEs self2
client tells you all the facts and asks you for legal advice,
interest and professional interest or public
that0s the point where attorney2client relationship
interest. &t is a situation in which a person has a
commences.
duty to more than one person or organiation,
@lients Bunds 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 personal And & think that this would be a perfect topic in
interests are contrary to hisher loyalty to your sub8ect of legal ethics where you will discuss more
public business. An attorney, an accountant, a in depth the conse-uences of violating the ethical
business adviser or realtor cannot represent standards of legal profession.
two parties in a dispute and must avoid even
the appearance of conflict. 7eshe may not 8oin *hen a lawyer violates his oath, then what is the legal
with a client in business without making full conse-uence"
disclosure of hisher potential conflicts, heshe
I#$%&#'e$ %(&% )$ '*#$)+e,e+ ,&'%)'e * l&/
must avoid commingling funds with the client,
and never, never take a position adverse to the )o, last week, we have mentioned of the case of 4ur'e
customer( ." M$u&t$ ( A%-5 C$"e N5 66+7, June 10, 2002). &t
has mentioned a discussion of what is a practice of law,
2Gristine Huibod2
what constitutes the practice of law. *hen does a
lawyer and client relationship commence" )o, from the
decision of the )upreme Court, it would seem that if a
Le$& Cun"e&#n person will come to a lawyer, asks for his advice, gives
you all the facts of his case that was filed, with the
(June 23, 2012) intention of getting a legal advice from you, then if you
did not arrived in an agreement, or you did not sign an
Let0s go back to our previous discussion,
agreement, or even if you will say that now, you have to
wherein we have said that practice of law is not a
hire me first before & will give you an advice. Clearly , t9e
business. &t is not a money2making venture. But, at the
ru&#n" : t9e curt "$ t9$t e.en t9e --ent u #.e
end of the day, you must consider the fact that your
9#- $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 a
employees0 salaries. $he salary comes in every month, 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 and say,
!ractice is not a right, rather a privilege. $hat is that this is all charity, so, there is no lawyer2client
why we have a lot of ethics, rules, ethical rules, and you 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 who
yourself. &f you think that you gave your client a very
knows that you are a lawyer. our friend will say, can
good advice, then you have to collect an attorney0s fees.
you send somebody who can check the status of the
5ven advice on telephone calls, some of the lawyers do
title in the ;egister of 4eeds. *hether the property has
not want to give their personal numbers, because there
been mortgaged or not" *hether the title is clean or
are clients who will sometimes call, and ask for
not. )o, you send your staff, or you yourself will go
-uestions and even tell stories. $hey assume that
directly to the ;34. $hat alone is not a practice of law.
because they did not go to the office, the lawyer will
As long as you are not giving legal advice as to the legal
not charge. )o, if you are the lawyer, you can send them
effects of the document.
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 to
)o, you0ll give an advice, like you have to institute a case
your office, have some chit chat, but somehow, they
to clean the title, or how to get rid of an encumbrance.
are actually fishing for some legal advice. But, there are
$hat is already giving a legal advice, and a lawyer2client
also good paying clients, and that you have to take care
relationship already arises. ou are already practicing
of these paying clients.
law.

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

on stereotyped form or a mere mechanical act of Se'*#+ , basis for filing action for usurpation of official
copying from a file copy or finished documents which functions against one, who not being a member of the
involves no legal thing, is not considered legal practice. bar duly licensed to practice law by the )C, represents
himself as a lawyer to the public and performs acts
pertaining to a lawyer by means of deception to the
)o, this mere involves mechanical act. <o advice was pre8udice of the bar and the public.
given. )o, if you are ask, if attorney can you help me in
filling up an application form maybe for an insurance
application form. ou can argue that, that was not a $he person you are not to, later on, you discover, is not
practice of law. & merely help and assisted the client in really a lawyer, or is not supposed to be practicing law,
filling up the application form, and answering the so, you can file an action for usurpation of official
-uestions one2by2one. )o this is a kind of assistance that functions.
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/AT MA
*hy is that important" *hy do we have to ask COME INTO /IS RO!ESSION5
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 for
earning properties, that the rents were collected. )o, e/ample Apple and +icrosoft. )o, what if your clients
with all these responsibilities, you are entitled to a fee. tell you that they want you to be their e/clusive
ou have to be paid with a fee. And that fee will be paid lawyers, so, when you say yes to one of them, you will
by any income the estate has. $hat is why it is very have to say goodbye to one of them
important to separate you monies and income from the
monies and income of your client. )o, we have this what we call e%()'&l /&ll *, &l$*
'&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 or
)o, what will you do if your client thinks that your information about their clients. $hey cannot look on the
lawyer2client relationship will be a long one, so, he data base that includes the pleadings filed by the
deposited a hundred thousand to cover all the e/penses partners of the other section. $his is done to prevent
you may have in dealing with his legal problems. )o, you conflict of interest, un&e"" u et t9e <r#tten cn"ent
must have a separate trust fund, there must be a : ur c&#ent"5
separate accounting of your client0s funds from your
office and own funds.

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

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

N<, ;t#n" :r &$<erB

Lawyers who appropriates their clients0 funds are
violating their professional ethics, and code of 15 S& r#.$te r$ct#ce
professional responsibility.
  Advantages%

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

c. ou can handle and choose how much workload you

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

ou do the case, communication. 3f course, you have to ARTNERS

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

Like you are the one who applies for certification, other
)ome of the more complicated partnerships, they invest
documents and papers. $hat is why new bar passers do
so much that they get points out of this invested. )o
not go to solo practice immediately.
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 is
must be out there presenting yourself, you must bring
placed in the common funds of the partnership. )o if
in more clients, because this will translate to income,
you are a ten2lawyer firm, you have to make sure that
people engaging your services.
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, the overall person. ou won0t like to turn down any client. ou deal with
one 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
$hen you have to have a 9u-$n re"urce ;$rtner , not
you go along.
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.
7appy office, happy staff. 75 J#n#n $ cr;r$te &$< %e;$rt-ent

$hen we have a ener$& cun"e&, or somebody who will 3ption of being a legal officer in corporation law
oversee if there are conflicts of interests in handling the department, we are talking about corporations. Like in
cases. &f there are conflicts of interest, he shall be the Coca2Cola, they have e/ternal counsel. *hen they think
one to decide on who will handle the case or represent that they will need a lot of lobbying, they tap partners
the client. who are prominent in the society, or 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
your income. )o, your financial department will also be $he nice thing of being a lawyer, unlike other
the one to oversee whether or not your firm is earning. professions, after you finished banking and finance, you
Because if you are not earning you cannot e/pand. &f get hired by a bank, you have to go up through the
you are earning, maybe you have plans of transferring ladder. A lawyer, in the organiational structure, is
to a bigger office. &t would be a lot better when the immediately under the office of the president. Because
chief financial officer is not a lawyer at all, because he the president usually needs the services of lawyers.
will 8ust tell you straight that you 8ust need to bill more.
*hat he is after is that you must bring more clients.
And it can also be an accountant that you 8ust hire per enerally, position offers higher compensation and
period to do the accounting. other pecuniary and fringe benefits not usually en8oyed
in private practice %large law firms through creating
their own fringe benefit package like health cards.(
 LEGAL COUNSELLING 1ST EXAMINATION REVIEWER 11

Based on the lectures of Atty. Cecilia Angeles

H*/ +* *u 3*)# & '*,*,&%e l&/4 I% '&# e)%(e,

5e
 6isadvantages
&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 or import and e/citing are the legal problems dealt
business of the employer= some employers y a corporate counsel, the e>ce&&ent
allow their lawyers engage in private practice ;;rtun#t#e" :r $%.$nce-ent, <#t9 $&&u"#n"
on the side but a rarity than a regular practice. t ;r";ect" : u&t#-$te& -.#n u; #nt
-$n$e-ent, and the :$.r$'&e :#n$nc#$&
re-uner$t#n #nc&u%#n "t$rt#n "$&$r#e",
:. &n formal law departments, the head lawyer is reu&$r "$&$r #ncre$"e", $n% "uc9
referred as general counsel who carries the "u;;&e-ent$r :r#ne 'ene:#t" $" 'nu"e" $n%
responsibility as director or officer of "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. &n some 1.lesser chance of doing litigation work
corporate department, there is some kind of
formal sectioning is done by administrative,
individual corporate subsidiaries, civil, law, Corporate lawyers, they do not see each
criminal law special proceedings under litigation other anymore, while those in 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::#ceB !utting a new law office
5 G.ern-ent e-;&-ent (.ern-ent ::#ce" $n%
#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.
&t is the biggest single employer of lawyers. overnment 5ven it 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 mother location of big clients. <owadays & can see law firms 8ust
department of the prosecution service  )ol en, beside a cafeteria, or hardware or automotive store.
overnment Corporate Counsel, !A3. $he 8udiciary $hese clients may need notariation of documents from
departments, 3CCs and other governmental time to time. <ot necessarily in a high rise building or in
institutions, in the provincial and municipal positions, a second floor building. As long as you can bring in
the legislative departments which involves policy2 clients, that0s okay. Law practice is a very noble
making in both 7ouses. )o, hindi talaga ako maniwal if profession.
there is someone who is an unemployed lawyer, sobra
naman yun. %L3L'( & know of a law office where the wife runs a beauty
salon 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
  Advantages rental.

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

1. )teady income  future )&) pension may office niceties. 5specially Filipinos do not have that
9. <ot as stressful as private telephone courtesy. $each your staff office manners.
:. ;oom for advancement in bureaucracy 3ffice staffs that are not nagging each other all the
. For women, accommodate domestic schedule time, too noisy like <CCC sales staff.
D. 4evelops e/pertise for private practice
?. )alary depends on salary grade, but generally &n my office in Canada, it is so -uiet that even if a pin
high dropped, you can hear it. !eople 8ust work and do not
chat at each other. 4o not allow your staff wearing flip2
flops %with toe nails uncut( while roaming around the
 6isadvantage
office.
1. ou get stuck up to your 8ob
W9$t -u"t $n #%e$& ::#ce 9$.e?
&t is because with a well paying salary, you find
 &s the office appropriately indentified or
it difficult to leave the same employment which
accessible" *ith huge names on top of the
guarantees you future security like being
building to show people that there is a law
entitled to a )&) pension upon retirement.
office. )ome clients 8ust walk in if they wanted a
document to be notaried. so if your location is
2 Carell ;ya <artate2
okay, it would really help.
 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 is books than an e2book especially in dealing with
functioning or at least with an electric fan clients.

 Are walls attractively decorated" $his will show  5-uipment  %typewriters, adding machine,
your personality. $ry to avoid cutie cutie stuff. computers, photocopiers(. For photocopiers, if
$hey would be nice if they are 8ust accent in a you buy it, you will be stack with that machine
table. $hey are okay for a pediatrician. Must put forever and pay a repairman if there is a need. &f
paintings %even a reproduction( with nice you 8ust rent, its kind a e/pensive but at least
frames. $o show that you a professional lawyer. you are assured that they will maintain it daily
and update for a new version when you renew
 Are offices cleaned regularly" &f you enter a your contracts. &n my e/perience, big law firms
lease agreement you should ask if they provide tent to rent photocopy machines. $hey treat it
someone to clean the office or it is you who like 8ust water and light. $hey want the latest
have to be responsible for that technology and not stack with the machine. ou
can replace it whenever you want.
 4o you provide for drinking water facilities for
the client and staff" &f a beauty parlor can For your computers or wifi, you need it since internet is
provide for iced tea, no reason that a law office part of an office already. A big chunk of your work is
cannot do so. $ell your assistant to offer the lessened by internet and you work efficiently. ou also
client something to drink especially if they have need adding machines, and typewriters. *hether you
to wait. like it or not, you need typewriters. 5specially
government forms which can only be filled by
 !arking facilities. typewriters but at least an electric typewriters.

 *ashroom faculties.  &nter office communication  fa/ machine,

scanner because some clients do scan
 ;eading materials % legitimate newspaper or
documents and send thru email. ou have to be
others(
fast, technologically updated.
 7ave a conference room to discuss confidential
 $echnologically compatible  software for huge
matter. ;emember the rule on confidentiality of
document like advance adobe program for
agreement between you and client. our staff
scanning and storing data. ou can do a lot of
must sign a confidentiality agreement. *arned
things with that software for easy retrieval of
them that if confidential matters leak, they may
voluminous data.
be held liable too. +ake your staff aware that
information that comes to the office especial  )oftware on accounting, book keeping.
from clients must be treated with utmost
confidentiality.  $rain your staff to be accommodating %like ay
dili man na mahimo mamsir#( staff should be
 Library  for your )C;A, law books. 5ven 8ust a trained to become problem solver. $ry to do
small table with book case. 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.
ou have to be organied because that is the key to • <umbering of folders, number of bellows. &f you
efficiency. ou have to design your system on how you have a smart assistant, she should find ways to
do it. 5ach and everyone have their own style. But be able to organie the files.
everybody should have an efficient filing system.
• Color coding of folders % e/ample6 white for
!ILING SSTEM general correspondence, red for billings, the
rest are brown folders(
o Lawyer will design the filing system for his easy
access.

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

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

you, you have to give yourself a salary. 4o not
C&#ent :#&e" 
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 office account for it.
addresses are not the billing address. ou have
to update your files. !rint those important • Account receivables  accounts payables.
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 the for some providers
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 published(  Accounting

part of their professional development. $his is
 3ffice networking
also a way of advertising your e/pertise. $here
is this publication in America where your law
 Avail software applications for efficiency 2
firms are published 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
recognition. 2 !hilip alagar 

• +arketing  this is about sponsorships.

• 3ffice lease agreement. Le$& Cun"e&&#n

• &nformation technology. Auu"t 2, 2012

C$&en%$r S"te- C3<$;AC$ 3F 5+!L3+5<$6

 +ust set up calendar system in the office. $his 5/press or implied, verbal or written
is for deadlines, schedule for the day or week or
appearances in court. )o that you assistant can &n case of series of work for the client
monitor you.
4ischarged without cause6 entitled to full compensation
 $his could be done electronically.
*ith cause6 not entitled to compensation either under
 4eadline for pleadings must also be monitored. contract or basis of -uantum meruit
Arranged according to the most pressing.
&f abandons case or withdraws without 8ustifiable cause
 $he following week0s schedule should be before its termination, unless with consent of client
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
that on the Friday the lawyer knows his Contingent fee contract
schedule and he can make use of the weekend
if there is a need rush something. $he assistant As long as contract is not tainted with fraud, undue
must know your schedule influence, mistake or suppresion of facts on the part of
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
&f fee agreed upon is unconscionable, court may step in
to make it reasonable 2 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, also sure the client is satisfied with this
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 of
if they can continue their relationship with your office 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
lawyers fee nanapag2usapanna, akalakobahindi nay an
<ever take more clients than you can handle with loving ichargesaamin. )o the 1stinstance clarify it right away.
care

For endless referrals, build relationships to last. Geep

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

*hen building your business strategies, keep in mind o @#n $ % ' nt enu9
the client perspective foremost in both delivering and
marketing our legal services

$he practives of law is a business and pleasing the $here are some lawyers come in different sies, there
customer benefits the customer and lawyer. 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
stiff even with wearing scrap but & do like scrap but
2;aia $umanda2 since )ec 4e Lima wear it every time & will find another
accessory. 
Le$& Cun"e&&#n

Auu"t , 2012
+en lawyers who like to sa end pa langng hall of 8ustice
Geeping Clients
shouting agadpanyero, there are lawyers paluoi9/
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
dealing with the client, do you inspire the client" 4o you
things you will do and do not do= make
 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 in procrastinate. )ome lawyers pag2early pa dli pa
the court pro sasabihinng client mabaho man siAttyoi, mgworkang mind then pagpm nadhanamgcge dictate
panalongaang motion mo pro sa 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 with
feelings mo pro parangwlalng so mainiskatalaga so dpat the client you have to be courteous.
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 the
to go to the ne/t hearing, meron pa man yang client make sure you have a hard copy, because there is
mediation wag no substitute for documentary evidence yungmga te/t
namansabihinbamalakinaitomasyadomalakina interest nabuburayan. &n <orth America for e/ample they issue
nito bah' )o pag2ganun goodbye law practice.  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 also clarify with
o Tr$n";$renc #n '#&&#n
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 itemied - Tr$#n ;er"nne& r "u;;rt "t$:: :r
e/penses for your client and the description of the work ;r:e""#n$&#"- -u"t un%er"t$n% ;re""ure :
done then that would be good enough to bill the client. &e$& <r= $n% cn:#%ent#$& n$ture : <r=5
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