CHAPTER 1 Conciliation – is the extrajudicial process of

settling disputes thru the voluntary submission

INTRODUCTION
of the parties before the Barangay Lupon or
other administrative body or agency, usually
Counselling – Is the art of giving advice and
arriving at a compromise agreement which
information on a particular problem including
serves as basis of a court judgement or as a
the adoption of a course of action to be taken
condition precedent to vest jurisdiction to a
for the solution thereof.
court of law.
Legal Counselling – is the art of giving advice
Compromise agreement – is a mutual
and information concerning the solution of a
agreement or mutual agreement or
legal problem arising from a given state of facts
understanding usually reduced into writing
and the adaption of appropriate reliefs under
entered into and executed by the parties
the law for the satisfaction and enforcement of
litigants whether judicially or extrajudicially
a legal obligation before a judicial or quasi-
which serves as basis for a court judgement.
judicial body

Legal Ethics – is defined as that branch of moral

Court of Justice – is a judicial body or tribunal
science which treats of the duties which as
created by law vested with jurisdiction or power
attorney at law owes to his client, to court, to
to hear and adjudicate litigious conflicts and to
bar and to the public.
award proper reliefs and render judgement
based upon the evidence presented.
Attorney de oficio - an lawyer appointed by the
court to assist an accused in his defense.
Quasi – Judicial body- is an administrative body
or agency belonging to the executive branch of
CHAPTER 2
the government vested jurisdiction to hear and
THE LAWYER IN MAIDEN PRACRICE
adjudicate non- litigious cases brought before it
by disputing parties and empowered to
Options to pursue in order to start the law
enforced judgments and orders like a court of
practice:
law and to punish for contempt.
1. Solo private practice
2. Assistant or associate or partner in a law
Administrative body or agency – is an
firm
instrumentality of the executive branch of the
3. Legal officer in corporate law department
government vested by law with jurisdiction to
4. Government employment
settle and adjudicate controversy arising from
the interpretation, application and enforcement Solo Private Practice
of laws or administrative rule or regulation.
Who starts from scratch with precarious
Arbitration – is the process of extrajudicial clientele and unstable income to lean during its first
settlement of controversies in the year. RISKS, hardship in cost of office, rentals,
administrative level before an arbitrator thru equipment, travel and representation and other
the voluntary will of the parties arising from the overhead expenses.
violation of law, administrative rule or Assistant or Associate in Private Law Firm
regulation.
Joining partnerships with some familiar friend
lawyers who are financially well-oiled, following the
concept of partnership.

1 LEGAL COUNSELING for PRACTICING LAWYERS – Judge Barte

Joining a Corporate Law Department
Advantage offers a higher salary, benefits and
perks not usually enjoyed in a private law firm. Used
as a breeding ground for seasonal lawyers in order
to open up private practice.
 Essential factors that may be of help in
upgrading an ideal law office:
a. Are the offices readily accessible
b. Are the offices readily identified
c. Do the office present a neat and orderly
appearance
d. Is there sufficient light for your purposes
and to permit your client to read while
waiting
e. Is there ample room
f. Is the ventilation adequate
g. If there is no ventilating system, are electric
fans provided where necessary
h. Are the walls attractively decorated
i. Do you have control over the relative
humidity
j. In the (summer) does the (air conditioning
system) maintain a healthy atmosphere
k. Are the offices cleaned regularly
l. Does the cleaning include windows, drapes,
etc
m. Do you provide drinking water facilities for
your office personnel and for your client
n. Are there parking facilities for your client
reasonably close to your offices
o. Are your washroom facilities for your clients
reasonably close to your office
p. Is modern, interesting reading material
available to clients in the waiting room
Chartering an Ideal Law Office
2 LEGAL COUNSELING for PRACTICING LAWYERS – Judge Barte
Should comply with the rating chart, to invite
the attention of prospective clients.
Factors be considered; accessibility, easily be
identified, neat and order appearance, sufficient
lightings of office, ample room, ventilation,
attractive décor, humidity control, maintain healthy
atmosphere, cleaned regularly, water or drinking
facilities, parking spaces, wash rooms, has reading
materials.
Library, equipment, staff, billing
Office library, as an indispensable item in the
office with books and SCRAs, except on notary
public. Must have clerical equipment and even old
type writer’s. Billing, a methological for
management of financial matters.
Materiality for the Interview of the client;
1) Nature of the case;
2) Intricacy of the legal issues;
3) Time and effort to be invested from drafting the
pleading;
4) Unexpected incidents like the filing and arguing;
5) In case of appeal, preparation of appeal briefs,
the expenses, docketing lawful fees;
6) Additional amount for attorney’s fees for
purposes of appeal.
How to deal with Client?
Frankness and tact should be the climate during
the first interview. Business kind approach in fixing
attorney’s fees. There is no substitute for winning a
case.
Make the Client Happy and Comfortable
A good trial lawyer should not be interested
only in his fees but one who places the welfare of
his client and the interest of the smooth
administration of justice above self.
Quantum Meruit; actual legal services rendered;
elements in fixing amount of attorney’s fee;
a) Value of litigation involved; d. A courteous and sympathetic attitude toward
the client, evidencing a personal and sincere
b) Professional standing of the lawyer in the
interest in the client’s problems
community;
e. Competence and diligence in handling a client’s
c) The difficulty of the issues involved. affairs.

Note: That it is not champertous or confiscatory in Advantages to switching into a partnership

nature.
No contract is necessary in order to prove the fact of
employment (law-client relationship)
The relationship of attorney-client is highly fiduciary,
requiring utmost good faith, loyalty, and fidelity on
the part of the attorney.
The Code of Professional Responsibility
provides that a lawyer shall serve his client the
competence and diligence, and states as well
that lawyer shall keep his client informed of
this status of the case and shall respond within
a reasonable time to the client’s request for
information.
Greater earnings – Lawyers in partnership earn on
the average well over 100% more than solo
practitioners. A prospective client who happens to
bump on a solo practitioner who lacks the skill in
solving his problem, will run to a partnership where
he can find a skilled lawyer who can aid him in court.
Greater efficiency – A specialist because of his
experience and special background can do a job
more quickly and more efficiently than a general
practitioner.
Lower overhead – If a number of lawyers pool their
common resources in a partnership, there will be a
reduction in overhead costs.

Norms of conduct for successful lawyering More clients – As the number of partners increases,
the number of opportunities for meeting clients
a. Remember whom you are working for through active participation in civic and club
b. Define the relationship activities, likewise increases.
c. Keep in touch
d. Keep at least two docketing systems
e. Accept phone calls
f. Promptly return your phone calls
g. Spend time with your staff
h. Paper the worlds
i. Send out an evaluation sheet

Standards that lawyer except from clients;

a. Prompt and thorough communication to keep

the client fully informed on the progress of his
legal matters
b. Prompt handing of the client’s work. Lawyers
use the work “procrastination” more than any
other in describing conduct harmful to
attorney- client relationship
c. Honest and straight forward dealing with the
client, including careful evaluation of the case, a
full explanation of the particular problems and
procedures involved, and a frank and early
discussion of fees;

3 LEGAL COUNSELING for PRACTICING LAWYERS – Judge Barte