CLINICAL LAWYERING

AND COUNSELING

Interview of Client
1.Establish essential elements of
attorney-client relationship.

The best proof of the existing of client-lawyer

relationship is, a written contact of lease of
services or retainership contract. A contract of
employment which creates a lawyer-client
relationship maybe in ANY FORM, whether
express or implied, and whether verbal or written.

a. Lawyer is entitled to attorneys fees.

Counsel any counsel, who is worthy of his hire, is entitled
to be fully recompensed for his services, with his capital
consisting solely of his brains and with his skill, acquired at
tremendous cost not only in money but in the expenditure
of time and energy, he is entitled to the protection of any
judicial tribunal against any attempt on the part of a client
to escape payment of his fees. It is indeed ironic if after
putting forth that best that is in him, to secure justice for
the party he represents, he himself will not get his due.
Such an eventuality this Court is determined to avoid. It
views with disapproval any and every effort of those
benefited by counsels services to deprive him of his hard-
earned honorarium. Such an attitude deserves
condemnation. (Albano vs. Coloma, Adm. Case No. 528,
Oct. 11, 1967)
2. Client cannot dismiss the lawyer at will.

Before the client can dismiss the

services of the lawyer, he must file a
motion to that effect informing the court
that he is substituting another lawyer
for the present one, giving his reasons
therefore, to allow the court reasonable
time to reset the hearing, and prevent
the witnesses who were subpoenaed
from incurring unnecessary expenses in
coming to court only to be told that the
hearing has been cancelled.
Lawyer may withdraw his services under
any of the following circumstances:

1. When the client pursues an illegal or immoral

course of action in connection with the
matter he is handling;
2. When the client insists that the lawyer
pursue a conduct violative of the canons or
rules;
3.When his inability to work with co-counsel will
not promote that best interest of the client;
4. When the mental and physical
condition of the lawyer renders it
difficult for him to carry out the
employment effectively.
5. When the client deliberately
fails to pay the fees for the
services or fails to comply with
the retainer agreement.
6. Other similar causes.

3. Lawyers authority to
control trial.
The lawyers authority to control trial
should be recognized by the client as
limited only to matters of procedure.
The client therefore has the right to
question the lawyers authority to choose
the proceedings or the legal remedy he will
adopt involving his case, and the witnesses
he is going to present in support his cause.

 Without a special authority (Special Power

of Attorney), the lawyers authority does
not include:

1. Act of releasing a security or extend the

time of payment;
2. Release a guarantor;
3. Accept a certified check as payment of
clients claim;
4. Compromise his clients rights or confess
judgment;
5. Enter into stipulation of facts; and
6. Agree on a judgment based upon the
pleadings.
4.Interviewing techniques
(determine facts).

The technique in interviewing a

client should be all-embracing and
exhaustive as possible.
5.Be frank and firm to the client.

Give your client stern warnings

that you will not accept a half-
truth or lie, or anything less than
the truth, that it is not for him to
teach you what to do with his
case in matters of procedure
because such is your job.
6. Avoid frequent
interruptions:
When a witness started talking, avoid
unnecessary interruptions. The
distraction may lead the witness to
forget an essential information of the
story. If the lawyer have a clarification
to ask, he may do it after the witness /
client finished his narration.
7. Conduct your interview in
the language that the
witness speaks:

A lawyer must exert extra effort to

communicate with client/ witness by using
words which is understandable to the
latter, considering language, local dialect
and degree of education so that the client /
witness may comfortably articulate the
information and the lawyer may extract an
accurate information from the
client/witness.
8. Interview all available witnesses:
In case of multiple witnesses, a lawyer must
interview them all and evaluate the
information given by the witnesses and
classify which information is important and
has probative value and determine who
among the witnesses the lawyer shall
present before the court.
Expert witness should not be dispensed with,
the witness knowledge and expertise may
help in determination of facts and possible
consequences in a criminal offense.
9. Trial brief preparation:

A good lawyer must prepare a trial

brief before going to trial. He
should study and research citation
of legal authority, jurisprudence,
testimony, evidence and statue
which are relevant to the case.
10. Determine client's needs
and priorities:
Through interview, a lawyer must define
the client's needs and priorities. After
the determination of client's needs and
priorities the former should discuss the
most applicable relief and remedies
available under the law and possible
outcome in pursuing each specific
course of action. He should possess a
considerable knowledge in law