Chapter 1

Introduction

A. Definitions

Counseling – is the art of giving advice and information on a particular problem or hypothesis including
the adoption of a course of action to be taken for the solution thereof.

Legal Counseling – is the art of giving advice and information concerning the solution of a legal problem
arising from a given state of facts and the adoption of appropriate reliefs or remedies under the law for
the satisfaction and enforcement of a legal obligation before a judicial or quasi-judicial body

B. Legal counseling as essential component of lawyering

Only those who have been admitted by the Supreme Court to the practice of law after finishing four-
year course where legal counseling is taught can be allowed to appear before the courts and quasi-
judicial agencies. Only persons of proven probity and ability to prosecute his case and present evidence
may be allowed to appear and practice before the courts.

A good lawyer exhausts all avenues for amicable settlement before going to court. A lawyer who advises
to bring suit at once to court is not a good lawyer.

C. Importance of lawyers in society

A community cannot endure without order and that order cannot be attained without laws that will
govern conduct of individuals. Laws are set of rules that can be interpreted by judges and judges must
first be lawyers. Government of laws is in effect government of lawyers.

Lawyers are engaged in trying to anticipate, prevent, mediate, settle or win human conflicts or
disagreements.

D. Law practice without legal ethics is quackery

Legal Ethics is a branch of moral science which treats of the duties which as attorney at law owes to his
client, to the court, to the bar, and to the public.

A lawyer should endeavor to obtain full knowledge of his client’s cause before advising thereon and he
is bound to give candid opinion of the merits and probable result of a contemplated litigation.

It is his duty to do whatever may enable him to succeed in winning his client’s cause.
It is improper for a lawyer to assert in argument his personal belief in his client’s innocence.

It must be borne in mind that the great trust of the lawyer is to be performed within the bounds of the
law and not without. He must not permit violation of law or any manner of fraud.

E. What is considered practice of law?

“Law practice is more than an isolated appearance, for it consists of frequent and customary actions, a
succession of acts of the same kind. One is said to be engaged in the practice of law if he is customarily
or habitually holding himself out to the public as a lawyer, and demanding payment for such service. The
appearance as a counsel on one occasion is not conclusive as determinative of engagement in the
private practice of law. Preparing documents and rendering legal services are within the term practice of
law” (People vs. Villanueva, GR No. L-19450, 27 May 1965; 14 SCRA 109).

One who confers with clients, advises them as to legal rights and then takes the business to an attorney
and asks the latter to look after the case in court, is in the practice of law. Rendering an opinion as to the
proper interpretation of a statute and receiving pay for it is also considered practice of law.

Preparation and drafting of legal instruments which involves the determination by a trained legal mind
of the legal effects of facts and conditions, or whenever such acts involved the use of skill and intellect
by a legal mind trained and schooled in a legal school of learning.

F. When not to accept a case

If the client has really no cause of action or defense at all, but merely seeks legal services to delay and
buy time, to obstruct justice and harass the court or the adverse party then you should not accept the
case.