Legal Counseling and Social Responsibility

1. Legal Counseling -
According to Blacks' Law Dictionary, counsel means advice and
assistance given by one person to another in regard to a legal matter, proposed line of
conduct, claim or contention. As a matter of fact lawyers are also legal counsels. Counsellor is an
attorney; lawyer; member of the legal profession who gives legal advice and handles the legal
affairs
of client, including if necessary appearing on his or her behalf in civil, criminal or administrative
action and proceedings.
Lawyers counsel the client in deciding how his problem can be sorted out under the laws. Legal
counselling is the process by which a lawyer communicates advice to a client.

2. Importance of Legal Counseling

To help the person talk about, explore and understand his or her thoughts and feelings and
workout that what he or she might do before taking action.
To help the person decide on his or her own solutions.

3. Importance of Lawyers in the Society

The lawyer has a particularly onerous and multi-dimensional role to fulfill. As expressed by
Mathew, J., “A Counsel has a tripartite relationship: one with the public, another with the court,
and the
third with his client. That is a unique feature. Other professions or callings may include one or
two of these relationships but no other has the triple duty.”[1] The satisfaction of the obligations
and expectations arising out of these three relationships are frequently difficult to reconcile. The
role of the advocate in these three capacities requires a closer scrutiny.

The lawyer, as a professional, to some extent, acts on behalf of the client, and representing the
client. This is particularly relevant in an adversarial system of adjudication followed by common
law countries which is characterized by a neutral adjudicating authority, which, on the basis of
the arguments and evidence placed before it, arrives at a conclusion. The role of an advocate in
an adversarial system, therefore, is to represent the case of the client before the adjudicating
authority.

The primary duty of the lawyer is to inform the court as to the law and facts of the case and to
aid the Court to do justice by arriving at correct conclusion. Since the court acts on the basis of
what is
presented by the advocates, the advocates are under the obligation to be absolutely fair to the
Court.

All statements should be accurate, and the advocate is under a sacrosanct obligation to ensure
that he does not, through any act or omission lead to the possibility of misrepresentation, or
mislead the court or obfuscate the case in any manner. Good and strong advocacy by the counsel
is thus necessary for the good administration of justice.

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Viewed in this context, it can be said that the lawyer is indeed the channel through which the
general public can access the law, and avail of the protection of the law, in the shrine of justice.

4. What is considered a practice of Law

The celebrated case of
Cayetano v. Monsod
provided for a liberal definition of the practice of
law. A portion of the decision states:
“... any activity, in or out of court, which requires the application of law, legal procedure,
knowledge, training and experience. ‘To engage in the practice of law is to perform those acts
which are characteristics of the profession. Generally, to practice law is to give notice or render
any kind of service, which device or service requires the use in any degree of legal knowledge or
skill.”

Under the ABA rules, a person is presumed to be practicing law when engaging in any of the
following
conduct on behalf of another:
(1) Giving advice or counsel to persons as to their legal rights or responsibilities or to those of
others;
(2) Selecting, drafting, or completing legal documents or agreements that affect the legal rights
of a person;
(3) Representing a person before an adjudicative body, including, but not limited to, preparing or
filing documents or conducting discovery; or
(4) Negotiating legal rights or responsibilities on behalf of a person.
Whether or not they constitute the practice of law, the following are permitted, according to ABA
rules:
(1) Practicing law authorized by a limited license to practice;
(2) Pro se representation;
(3) Serving as a mediator, arbitrator, conciliator or facilitator; and
(4) Providing services under the supervision of a lawyer in compliance with the Rules of
Professional Conduct.

Any person engaged in the practice of law shall be held to the same standard of care and duty of
loyalty to the client independent of whether the person is authorized to practice law in this
jurisdiction.

5. Sense of Professional Responsibility

The obligation of lawyers to adhere to rules of professional conduct.
Professional responsibility is the area of legal practice that encompasses the duties of attorneys to
act
in a professional manner, obey the law, avoid conflicts of interest, and put the interests of clients
ahead of their own interests.

As members of a profession and as officers of the court, lawyers have the responsibility of
following

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rules of professional conduct that are mandated either by a state legislature or by the highest
court inthe state. Rules of professional conduct govern both the public and the private behavior
of lawyers. Because they are licensed to practice by the states, lawyers who violate rules of
professional conduct are likewise disciplined by the states, not the federal government. The
punishment for violating a state rule of professional responsibility ranges from private or public
reprimand to suspension or disbarment(permanent disqualification from practicing law in the
state). To the limited extent that they practice law, judges are subject to the state code of
professional conduct in addition to a Code of Judicial Conduct.

The American Bar Association (ABA) formulated the Model Rules of Professional Conduct in
1983 to provide uniformity and consistency in defining the professional responsibilities of
lawyers. Though the ABA has no power to enforce the model rules, they serve as a guide for
states in crafting rules of conduct.

6. When not to accept a case

As the client, you have an almost absolute right to hire and fire your attorneys for any reason you
choose (or for no reason whatsoever). Your attorney, on the other hand, cannot "fire" you as a
client at
whim; he must have a valid reason. The exact rules that govern attorneys vary from state to state,
but
in general, an attorney is required to withdraw from a case in the following situations:

If, by representing the client, the lawyer will be violating the law or the rules of professional
conduct (such as if the lawyer is suspended from practicing law by the local attorney disciplinary
committee).
If the lawyer is physically or mentally incapable of representing the client.
If the client terminates his relationship with the attorney.

Otherwise, an attorney may withdraw from a case only for valid reasons, and only if it is shown
that the client's interests won't be adversely effected. Valid reasons include:
Conflicts of interest:
Attorneys and their firms are not permitted to represent people or
companies that are adversaries. In some circumstances, the lawyer may ask for permission
(called a conflict waiver) from each party acknowledging the conflict and allowing the attorney
to represent both of each. If, after the attorney has agreed to represent you, he learns that he or
his firm also represents another person or company that is your adversary, and if the attorney
can't get a conflict waiver from both you and your adversary, then the lawyer must stop
representing you.
Client consent:
If you give your attorney permission to withdraw from the case, then the
attorney can stop representing you.
Differing case strategies:
Sometimes lawyer and client won't agree on the best approach for
handling a case. If you and your attorney are unable to reach agreement, then the attorney
should withdraw.
A client's failure to cooperate, communicate, or fulfill obligations:

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In order for an attorney to provide quality service to his client, there needs to be regular
communication and interaction between the attorney and client. Your attorney may need you to
answer questions, provide documentation and otherwise assist him so that he can give the service
that you need and deserve. If, as a client, you fail to respond to your attorney's legitimate
requests, then he cannot provide you with quality representation, and may be permitted to
withdraw from your case.
Personality conflicts
: It's human nature that sometimes people just can't get along with one
another. Your attorney is supposed to be your best advocate, but if there's a conflict of
personalities, it may be impossible for your attorney to give you the best representation
possible.
A client's failure to pay attorneys fees
: As the client, you may have signed a contract when
you hired your attorney, and that contract probably outlined the anticipated cost of your legal
work, and your obligation to pay your attorney. You are hiring an attorney to perform a service,
and if you fail to pay for those services, then the attorney usually has the right to stop working
on your behalf. (This is true even if you don't have a signed contract.)
A client's unethical, fraudulent, or criminal activity
: Your lawyer is bound by certain
professional and ethical obligations. As part of those obligations, your lawyer cannot help you
commit unethical, fraudulent or criminal activities. If your attorney tells you that you're trying to
do something illegal and you don't take his advice, the attorney can stop representing you.

7. Scope of lawyer’s Advice and Control

8. Extent of Lawyer’s Authority

CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND
REFRAIN FROM ANY
IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF
INFLUENCING THE COURT

Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor seek
opportunity for cultivating familiarity with Judges.
Rule 13.02 - A lawyer shall not make public statements in the media regarding a pending case
tending to arouse public opinion for or against a party.
Rule 13.03 - A lawyer shall not brook or invite interference by another branch or agency of the
government in the normal course of judicial proceedings.

9. Options to pursue in order to start a law practice Education

While admission to the practice of law is the sole prerogative of the Supreme Court, the
accreditation of law schools falls within the competence of the Legal Education Board. However,
the Legal Education Board, which was established in 1993, only began operating in late 2009,
and has yet to prescribe the basic curriculum for the study of law.

In any case, to be able to take up law, one must first complete “a bachelor’s degree in arts or
sciences

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with any of the following subjects as major or field of concentration: political science, logic,
English, Spanish, history and economics.”[1]These majors are, however, merely directory and
not mandatory, as one can gain admission to a duly accredited law school, provided his or her
bachelor’s degree meets the minimum requirements of the admitting law school.
To be eligible to take the bar examinations, a candidate must complete courses in “civil law,
commercial law, remedial law, criminal law, public and private international law, political law,
labor and social legislation, medical jurisprudence, taxation and legal ethics”.[2]Admission To
The Practice Of Law
After successfully completing the requisite number of course units towards the awarding of a law
degree, a candidate can file an application to take the bar examinations, provided he or she is “a
citizen of the Philippines, at least twenty-one years of age, of good moral character, and a
resident of the Philippines”.

The bar examinations are held once a year in the City of Manila, over a period of four (4) days,
with the first day being devoted to Political and International Law (morning) and Labor and
Social Legislation(afternoon); the second day, to Civil Law (morning) and Taxation (afternoon);
the third day, to Mercantile Law (morning) and Criminal Law (afternoon); and the fourth day, to
Remedial Law (morning) and Legal Ethics and Practical Exercises (afternoon). For the first three
days, the relative weight of each morning subject is 15 per cent, while that of each afternoon
subject is 10 per cent; on the last day, the relative weights of the morning and afternoon subjects
are 20 per cent and 5 per cent, respectively. To pass the bar examinations, a candidate must
obtain “a general average of 75 per cent in all subjects, without falling below 50 per cent in any
subject.” The successful candidate is entitled to take the oath of office, receive his or her
certificate of membership to the Philippine Bar, and, finally, sign the roll of attorneys admitted to
practice. Only then does the passer of the bar examinations officially become a
lawyer and can use the title of “Attorney”.

10. Pointers on opening a Law Office

Despite the recession, now’s the best time ever for starting your own business according to
researchers.
Here are ten top tips to bear in mind if you fancy starting your own law firm.

1. Don’t over-pontificate
Obviously you need to put the preparatory work in prior to launching your new business venture,
but don’t spend too long contemplating your navel before taking the plunge. Some lawyers
become overly methodical in their planning and prepping stages and never actually get around to
starting a practice at all.

Equip yourself with a website, computer, printer, scanner and a good suite of practice
management software and make a start.

2. Get a good website

These days every business, no matter how new or small, needs a good website. Your online
presence is your shop window. It’s where people can find out all about you and the services you
can offer them; the

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more professional-looking your site the better, even if it costs you a good chunk of your
marketing budget. If your site looks amateurish and cheap, it reflects very poorly on your
practice. If possible, make sure your site is geared for mobiles and tablets too.

3. Keep overheads down

Never be tempted to try to compete with the big law firms; you can’t. They have access to huge
budgets that a newly started solo practice does not. Keep it simple until you are more established.
You can manage perfectly well with a home office and consider using a business concierge
service rather than employing reception and secretarial staff. This of course means that some of
the administrative duties will fall to you to look after, but the huge cost savings will make this
extra work worth it.

As the business grows, you could hire a paralegal to help you with specific jobs and take on a
full-time admin/receptionist and move to a modest permanent office premises. Allow your
practice to grow and grow with it; rather than starting big and trying to grow into it.

4. In-house marketing
Marketing is obviously very important in the strategy of any business, but it’s also very
expensive to outsource. Take the time to learn about content marketing and blogging for example
and keep all your marketing activities in-house. Check out the GoodBlogs Tegomedia site for
advice and tips.http://www.tegomedia.com

5. Avoid print advertising

Print advertising like billboards, newspapers and yellow pages is mega-expensive and not
tremendously effective unless you have a massive budget to throw at it. Stick to digital
marketing, word of mouth and personal recommendation.

6. Be technology savvy
Instead of spending out on a photocopier, scanner, printer and fax machine; buy one that does
everything. You can actually avoid copying altogether if you choose a machine that scans both
sides of a page. Many of your contacts will be happy with an emailed pdf copy of a document
anyway, so you won’t even need to copy much which will save you time, paper and toner.

7. eBooks versus paper manuals

Legal books are very expensive. Luckily most of them can now be bought in e-book format so
get yourself a Kindle or an iPad and buy them in digital form. Not only is this considerably
cheaper but you can also carry your entire legal library with you at all times! They are also easily
searchable and you won’t be filling your entire storage space with dusty legal tomes.

8. Use the Cloud

Practice management software and data storage is best achieved through using the Cloud. Not
only is this option much the cheapest and most convenient, it also means you have 24/7 mobile
access from anywhere.

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9. Innovation
The beauty of running your own firm is that you have total flexibility. You can adapt your
practice to meet the demands of your clients, to incorporate new technology and to run in the
way that you want it to.

If you decide to try new ideas and systems, it’s your decision alone. Research new technology
and be as inventive and radical as you like; after all, there’s no senior partner in the office down
the hall to tell you ‘no’. The ability to innovate is part of the fun and challenge of running your
own business; don’t be afraid to embrace it.

Whilst it’s undoubtedly true to say that setting up your own legal practice comes with its own
problems and stresses, it does provide you with a degree of freedom that you would never get
working for someone else. Be focused, determined, work hard and reap the rewards.
x x x."

11. Pointers in Dealing with a client

Nearly every lawyer from time to time agrees to take on a difficult client, be it knowingly or
unwittingly.

Although this client may task nerves to the breaking point, taking certain steps can help avert
disagreements and possible malpractice claims.
Lawyers are usually fairly clear about their role in a representation, but that role may appear to
be less clear when you’re dealing with a difficult client. Your first imperative, then, is to get clear
on who does what.

Establish Your Role with the Client

Your role is to analyze a given situation and offer a solution to the problem presented, or a means
of achieving the goal the client has presented. Sometimes, there are several possible solutions or
means, all of which should be offered to the client. Don’t forget that “do nothing” is always a
possible solution, too. Your role then is to advise on the consequences of the different courses of
action. It is the client’s job—and not the lawyer’s—to decide which course of action to follow.
After all, it is the client’s life, or business, or litigation, or estate that’s at sake.

Difficult clients, however, are sometimes totally unwilling to make decisions about their legal
issues and want the lawyer to do it for them. Do not do it. Let some other influential person in
their life help them with the decision. Your job is to help the client understand the choices.

Be Thorough in Your Documentation

Document everything you possibly can, including phone calls, voice-mail messages and e-mail
messages. Confirm the client’s instructions to you in writing, and confirm your instructions to the
client in writing. Include the possible consequences of various courses of action the client may
be contemplating. Save messages and instructions in your usual way as part of the permanent
record of the file. This is good advice for any representation, but it’s especially important for
difficult clients. They have a way of turning on the lawyer more often and with more damaging
consequences than other clients.

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Thus, in this context, documenting means recording sufficient details to assist you in a future
disagreement. Remember, a record with insufficient details won’t be of much use to you if
there’s a subsequent dispute over who said what to whom and when. This means you should
record at least the following for all exchanges relating to the matter:
• The client’s name
• The file name
• Who the contact was with
• The date of the contact
• The nature of the contact (phone call, meeting, voice mail, e-mail or the like)
• How long the contact took
• The details of who said what, including what the lawyer said
• Any instructions given during the contact

Inputting the information into a practice management software program can make this task less
cumbersome and more reliable than just jotting it down on paper.
In notes of meetings or conversations, it’s especially important to record not only the information
the client gave to you, but also the information and advice you gave to the client. In disputes
between lawyers and clients, this may be the biggest area of disagreement—and one of the least
documented.

Moreover, in litigation between the lawyer and client, where there is disagreement about the
information provided or the legal advice given to the client and that advice is not documented,
courts have often preferred the client’s evidence on this issue.

Be Calm and Clear

It requires more patience than usual to deal with difficult clients. You will need to be calm and
very clear with them about everything. The more information you give in writing—and as early
in the representation as possible—the less likely there will be misunderstandings.

Also, explain what they should expect regarding their interactions with you and your staff. Be
sure they understand whom to deal with on which issues—for example, whom to call to get
certain types of information, and when they need to speak directly to their lawyer and when they
can deal with staff instead. Many difficult clients want to deal only with the lawyer at every turn,
which is expensive, not very efficient and not often necessary.

Make patience your watchword. Do not let the difficult client turn you into the difficult lawyer,
or the unhappy lawyer, or the depressed, yelling or swearing lawyer. If you find you are
becoming the difficult lawyer, perhaps it is time to transfer the file to another lawyer.

Include Your Staff in the Plan

Usually, the staff will easily be able to identify the difficult client—they may, in fact, know a
client is difficult before you do. But they also need to know the risks of acting for the difficult
client, so they can behave in ways that minimize those risks, especially in terms of documenting
contacts, instructions or information. Make sure they deal with this client the same way you do,
using an extra dose of patience.

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However, difficult clients are often much more difficult with the staff than they are with the
lawyers.

Trust your staff and believe them when they describe the client’s behavior. Deal directly and
promptly with the client concerning any inappropriate treatment, to ensure that the client
understands what the staff ’s role is in the representation and, more importantly, to ensure that the
behavior is not repeated.

No client is more important than the people who work for you, so institute a zero-tolerance
policy on abusive behavior toward your people.

Manage Expectations from the Outset

Some clients’ expectations or goals are outside the realm of the services you can provide, or the
outcomes you can achieve for them. That’s why it’s important to have a frank discussion with
clients, as early as possible, to identify what their expectations are in retaining a lawyer to deal
with this particular issue. While clients’ unrealistic expectations take many forms, they fall into
the following general categories:

• Expectations about service

• Expectations about time
• Expectations about costs
• Expectations about results

If the client has service expectations that are impossible to meet—such as the lawyer always
returning phone calls within 15 minutes or performing significant work for free—be clear from
the outset that you cannot provide that level or kind of service. If the client has expectations that
are unrealistic or very expensive, such as having the matter concluded on a rushed timeline or all
work done by the most senior lawyer on the team, be clear about whether you can meet that
expectation, or what alternative will be provided, as well as the costs that will be involved.

Remember, too, the difficult client is also a client who is likely to be unhappy about fees, so you
need to establish mutual expectations concerning billing and payment procedures for your
services. It’s especially important to bill clients with high service expectations frequently and
regularly, and to provide as much detail as possible, so they can understand the cost of those
expectations.

However, the most essential thing to establish during discussions with clients is what results they
want to achieve. Clients who are unlikely to be successful in achieving their goals need to be told
that explicitly from the start of the representation, or at the earliest possible moment in the
representation.

It is far more important to be honest with clients who cannot achieve their goals than it is with
clients who can. If the client cannot, or will not, accept your assessment of the matter, perhaps
the client should find another lawyer.

9 out of 9

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