CLINICAL LAWYERING AND COUNSELING

A. Interview of Client
1. Establish essential elements of attorney-client relationship
 Establish a clearly defined attorney-client relationship in order to enforce rights and
obligations (ex. Payment of attorney's fees, privileged communication) arising from the
transaction with client.
 Best proof for existence of attorney-client relationship: written contract of lease of
services or retainership contract. However, the law requires no form for the contract that
establishes attorney-client relationship. May be express or implied, oral or written.
 Threshold to determine presence/absence of attorney-client relationship: when lawyer
performs an act that constitutes as practice of law. This singular act is the only evidence
needed in order to prove the existence of an attorney-client relationship.
 Written contract is preferred to:
 Forestall future misinterpretation of the authority that lawyer should exercise
(ex. Amount of remuneration that lawyer receives)
 State specific terms and conditions
 During interview, client should be made aware of his responsibilites to the lawyer. These
are the ff:
 Paying attorney's fees – whether as sheer incentive or wage, one who has
rendered honest and appropriate service must be compensated.
 Albano vs. Coloma - "...any counsel who is worthy of his hire, is entitled to be fully
recompensed for his services...he is entitled to any the protection of any judicial
tribunal against any attempt on the part of a client to escape payment of his
fee...It (the court) views with disapproval any and every effort of those benefited
by counsel's services to deprive him of his hard-earned honorarium."
 As to amount of compensation if with written contract: Rodfish vs. Fox - "An
express valid contract stipulating for the compensation which the attorney is to
receive for his services is generally held conclusive as to the amount of
compensation."
 Without written contract: Young vs Bruere - "If a lawyer renders valuable services
to one who receives the benefits thereat; a promise to pay reasonable value is
presumed unless such services were intended to be gratuitous."
 HOWEVER, if without written contract: (book) Martin, Legal and Judicial Ethics -
"...party sought to be charged must be free to take as well as reject the benefits
of such services. He must have acquiesced willingly. If the circumstances give him
no choice but to accept the benefits of the lawyer's services, no implied contract
to pay reasonable fees arises."
 Mode of payment: (usual)
 Acceptance fee – initial payment upon acceptance of employment. May
be lump sum (cash) or staggered (ex. 50% dp + 50% payable within 30
days from date of dp)
 Appearance fee – mutual understanding between lawyer and client (ex.
Php 2,000 per hearing for MTC, Php 3,000 per hearing for RTC if in the
province)