Professional Documents
Culture Documents
I.
PRACTICE OF LAW ISSUE: WON Atty. Monsod was engaged in the
practice of law.
A. Definition
HELD:
An act of performing any activity pertaining to a Practicing law is not limited to the conduct of
bona fide member of the bar carried out on a cases in court. A person, for a valuable
habitual or continuous process, translated into consideration, engaged in the practice of
action by means of giving legal advice, drafting advising persons, firms, associations or
of documents or appearance in court or any corporations as to their rights under the law or
other administrative or quasi-judicial body, one who appears in a representative capacity as
involving the use of faculty or intelligence of one an advocate in proceedings is considered
skilled in law who is entitled to a legal fee . practicing law.
(from the author of the book).
II.
Atty. Angeles: WHAT IS LEGAL COUNSELING AND
WHAT IT IS NOT
:: carried out in a habitual or continuous process
- Pag once mo lang ginawa, nagbigay ng advice, A. Practice of Law is NOT a:
hindi sya maconsider as a practice of law. There
must be a pattern of doing things so that we 1. Business. The practice of law is not about
can conclude that an individual is engaged in the profit.
practice of law.
Members of the bar often forget that the
:: involving the use of faculty or intelligence - practice of law is not a money-making
applying all that you have learned and all venture and law advocacy is not a capital
aspects of your training and education, e.g. that necessarily yields profit. The gaining of
statutes, provisions, jurisprudence, statutory livelihood is not the primordial but a
construction, you put all of them into use for secondary consideration ( Burbe vs. Atty.
one particular work Magulta).
Duty to public service and to the
:: legal fees - not limited to attorney's fees, it administration of justice should be the
includes salaries, compensation or remuneration primary consideration of lawyers.
Lawyer must subordinate personal interest.
Why is it important to determine that one It is a noble calling in which emolument is
is in the practice of law? just a by-product and the highest eminence
may be attained without making much
Practically because we need to know whether money.
you are entitled to a legal fee or whether you
are legitimately engaged in the practice of law Atty. Angeles: The practice of law is more than
because if you are not, you can be guilty of just a business, it is nobler than that. As a
violation of our penal laws, i.e. usurpation of lawyer you must be instrumental to the
official functions. dispensation of justice. Remember, however,
that when you set up a law office, you must be
Cayetano vs. Monsod able to maintain that office. You must strike a
balance between earning to survive the practice
Atty. Monsod was a nominee for the position of and keeping your practice an honest
COMELEC Chair. Atty. Cayetano questioned the undertaking, not making profit the primary
said nomination of Atty. Monsod because one of objectice.
the requirements for the position is that the
person must have practiced law for the last 10 2. Legal Right.
years. Atty. Monsod is not a lawyer in a law
firm. A candidate does not have the right to enjoy
1|Bing Datu
Legal Counseling
Basedon the Lectures of Atty. Angeles
III-Manresa 2014-15
2|Bing Datu
Legal Counseling
Basedon the Lectures of Atty. Angeles
III-Manresa 2014-15
Atty. A: Integrity and dignity of the legal C. Client's Funds and Property
profession is not only limited to work but
involves your personal life. As lawyers we should Rule 16.01: Lawyers shall hold in trust all
be mindful of certain things, we cannot totally moneys of their clients and properties that may
separate our lives from the public. The legal not be in their possession. Office accounting
profession sets a high standard because we must separate client funds properly from own
want to be removed from the multitude because funds.
we perceive our profession as a noble calling
and only people who have strong convictions Lawyers who convert the funds entrusted to
can really attain that status. them are in gross violation of professional ethics
and guilty of betrayal of public confidence. It
B. When does a lawyer-client relationship may be true that a lawyer has a lien over the
begin? clients' funds but you cannot unilaterally apply
the money given for a different purpose to pay
The moment complainant approached the then for your own services.
receptive respondent to seek legal advice, a
veritable lawyer-client relationship evolved D. Conflict of Interest
between the two. Such relationship imposes
upon the lawyer certain restrictions A lawyer conferring with a prospective client
circumscribed by the ethics of profession. shall ascertain, as soon as practicable, whether
Among the burdens of the relationship is that or not the matter would involve a conflict with
which enjoins the lawyer, respondent in this another client or his personal interest.
instance, to keep inviolable confidential
information acquired or revealed during legal V.
consultations (Hadjula vs. Madianda). MAJOR AREAS OF
SPECIALIZATION
The moment the cmplainant approached the
respondent to seek legal advice, the lawyer-
A. Transactional/Commercial
client relationship has already established. Such
3|Bing Datu
Legal Counseling
Basedon the Lectures of Atty. Angeles
III-Manresa 2014-15
Requires the development of knowledge on Office must be clean and organized. It must
setting-up or initiating a business convey an image of professionalism
transaction from the beginning of the Staff must be polite and language used
process to closure of the transaction. must be appropriate
E.g. Client wants to set-up a family Staff must be accommodating
corporation, the lawyer needs to know the Appropriate furniture
sharing of stocks amongst the family Charting an ideal law office (see: Barte, pg.
members if so desired by the client, the 17-18)
paperwork and government agencies
involved, as well as the tax aspect of C. Filing System
business, etc. Lawyer will design the filing system for his
easy access
This includes: Major Categories of Files
o Land transaction e.g. buy & sell, 1. Client Files must contain
mortgages Folders for client must
o Estates, succession contain: contact details;
o Franchising general correspondence;
o Communications billing sent out to client
o Agrarian If litigation is filed, there
must be a folder for
B. Litigation pleadings.
Lawyer who takes up court litigation as a 2. Accounting Files must contain
specialization must know the rules of Office accounting for
procedure and evidence by heart. clients/bookkeeping;
Problem of backlog and court cases also salaries of staff; accounts
spring from the fact that many practitioners receivables and payables;
are not prepared to be litigators. overhead expenses and
Litigation also encompasses modes of government fees.
alternative dispute resolution. NOTE: It must be separate
from accounts folder
VI.
GENERAL PRACTICE 3. Administrative Files must contain
Personnel must sign
confidentiality agreement
A mix of both litigation and transactional
Membership in professional
areas of law practice in small cities, towns
organizations
and rural areas
Publications (articles written
and published)
VII. Marketing (sponsorships)
OPENING A LAW OFFICE Information Technology
4|Bing Datu
Legal Counseling
Basedon the Lectures of Atty. Angeles
III-Manresa 2014-15
5|Bing Datu
Legal Counseling
Basedon the Lectures of Atty. Angeles
III-Manresa 2014-15
X. D. Things to remember:
BUSINESS Never take more clients than you can handle
with loving care.
DEVELOPMENT/MARKETING
Keep your friends close and your enemies
FOR LAW PRACTITIONERS closer, you will never know where that
referral would come from.
Getting your name out there. Keep in mind to keep the clients perspective
Big law offices have rainmakers, the rest foremost is both delivering and marketing
of lawyers do not develop their books of your legal services.
business.
Aim for sustainability of practice
XI.
o To achieve success in their legal
careers KEEPING CLIENTS
o To promote growth in their law
offices A. Protect and nurture the relationship
Client is boss
A. Strategies Marketing is a Contact Sport Define the relationship from the start;
Pursue profile and confidence building things you will do; make sure is satisfied
activities; e.g. speaking engagements, with the agreement; misunderstandings
publishing articles must be clarified right away.
Establish targets identify types of work
and clients B. Personal demeanor and behavior of lawyers
Identify 3-4 business activities in a year towards the client
o Something lawyers like and does Doing good job is not enough.
naturally Friendliness; promptness (no
o Get active in trade organizations procrastination); courtesy; respect for
Support execution clients; business-like attitude; keeping
Check results vis--vis your financial plan so clients informed or updated.
that success can be measured Availability at all times e.g. telephone
calls, e-mails, text messages
B. Important Considerations
Know what your clients value C. You must keep your clients informed on what
Know your goals short term and long term
Know your resources Update of case or matter subject of
retainorship
C. Following 4Ps of Marketing Prompt response to inquiries (re: billing;
1. Product status of case)
Identify the need then provide a service Opening alternative or options to client
that addresses that need uniquely. for speedy disposition of cases
Dont be a me too law firm; create a Bringing client abreast with
quality product or service. developments in area of concern
2. Place Transparency in billing
A question of access, physical access;
also consider the internet.
6|Bing Datu
Legal Counseling
Basedon the Lectures of Atty. Angeles
III-Manresa 2014-15
7|Bing Datu
Legal Counseling
Basedon the Lectures of Atty. Angeles
III-Manresa 2014-15
Lawyer must be armed with a SPA when Difference between negotiation and
negotiating; relationship is similar to litigation:
agent and principal in a contract of o In litigation, a third-party decides
agency the issues; in negotiation, the party
seeks to resolve the issues by
NOTE: Compromise agreement without a mutual agreement among
SPA from the client renders the judgment themselves.
based on the contract NULL and VOID.
G. WORK TASK Financing
General power does not include Special Lawyer invited by a client to be involved in
Power business venture as principal himself
Special authorities needed when the law Most business relationship between client
is not included in the general power and lawyer reap enormous benefits
granted to a lawyer under his contract sometimes as contingent fees when the
of employment with client. transaction pushes through.
However, acts entered into by lawyer Arrangement acceptable so long as there is
without the SPA are not, ipso facto, no violation of lawyers oath nor anything
NULL and VOID; it can be ratified. unethical with huge fees; no shady deeds
8|Bing Datu
Legal Counseling
Basedon the Lectures of Atty. Angeles
III-Manresa 2014-15
9|Bing Datu
Legal Counseling
Basedon the Lectures of Atty. Angeles
III-Manresa 2014-15
10 | B i n g D a t u