LEGAL COUNSELING AND

SOCIAL RESPONSIBILITIES
ATTY. YAMAB

(People vs. Villanueva, 14 SCRA 109 citing

LEGAL COUNSELING AND State v. Boyen, 4 S.E. 522, 98 N.C. 644)
SOCIAL RESPONSIBILITIES such as when one sends a circular
announcing the establishment of a law office
ATTY. YAMAB
for the general practice of law (U.S. v. Ney
Law is a profession. Bosque, 8 Phil. 146), or when one takes the
Profession refers to group of men pursuing a oath of office as a lawyer before a notary
learned art as a common calling in the spirit public, and files a manifestation with the
of public service. Supreme Court informing it of his intention
to practice law in all courts in the country
The PRACTICE OF LAW is a profession. It (People v. De Luna, 102 Phil. 968).
is a branch of the administration of justice, a Practice is more than an isolated appearance
form of public trust, the performance of for it consists in frequent or customary
which is entrusted only to those who are action, a succession of acts of the same kind.
qualified and who possess good moral In other words, it is a habitual exercise
character. (People v. Villanueva, 14 SCRA 109 citing
State v. Cotner, 127, p. 1, 87 Kan, 864).
2. Compensation. Practice of law implies
Check out the case of : RENATO that one must have presented himself to be in
CAYETANO VS CHIRSTIAN MONSOD, the active and continued practice of the legal
HON. SALONGA, COMMISSION ON profession and that his professional services
APPOINTMENT AND HON. CARAGUE are available to the public for compensation,
in his capacity as Sec of the Budget and as a service of his livelihood or in
Management.September 3, 1991 GR consideration of his said services. (People v.
100113 Villanueva, supra). Hence, charging for
services such as preparation of documents
involving the use of legal knowledge and
● Rendition of services requiring skill is within the term "practice of law"
knowledge and application of legal (Ernani Paño, Bar Reviewer in Legal and
principles and technique to serve the Judicial Ethics, 1988 ed., p. 8 citing People v.
interest of another with his consent People's Stockyards State Bank, 176 N.B.
(Black law dictionary) 901) and, one who renders an opinion as to
● Any activity in or out of the court the proper interpretation of a statute, and
which requires the application of the receives pay for it, is to that extent,
law or procedure practicing law (Martin, supra, p. 806 citing
● Need not have law office or appear in Mendelaun v. Gilbert and Barket Mfg. Co.,
court 290 N.Y.S. 462) If compensation is expected,
all advice to clients and all action taken for
them in matters connected with the law; are
Dissent: practicing law. (Elwood Fitchette et al., v.
Arthur C. Taylor, 94A-L.R. 356-359)
1. Habituality. The term "practice of law" 3. Application of law legal principle
implies customarily or habitually holding practice or procedure which calls for legal
one's self out to the public as a lawyer
 knowledge, training and experience is within the term "practice of law". (Martin supra)
LEGAL COUNSELING AND
SOCIAL RESPONSIBILITIES
ATTY. YAMAB

iii. SECTION 2
4. Attorney-client relationship. Engaging in 1.Philippine Citizen
the practice of law presupposes the existence 2.At least 21 years
of lawyer-client relationship. Hence, where a old
lawyer undertakes an activity which requires 3.Good Moral
knowledge of law but involves no Character – no
attorney-client relationship, such as teaching charges against
law or writing law books or articles, he him
cannot be said to be engaged in the practice 4.Philippine resident
of his profession or a lawyer (Agpalo, Legal 5.completed courses
Ethics, 1989 ed., p. 30).3 required:
a.civil
b.commercial
PRACTICING LAW c.remedial
d.criminal
1. ordinary preparation and drafting of e.international law
legal instruments that involves f. political
determination by trained legal mind g.labor and social
legis
NON-PRACTICING LAW h.medical juris
1. filing the blank forms i. taxation
2. copying documents j. legal ethics
3. search for records without giving iv. The supreme court
opinion or advice. has the power, among
others, to promulgate
the rules concerning
LEGAL COUNSELING
the protection and
Is the art of giving advice and information
enforcement of
concerning the solution of a legal problem
constitutional rights,
arising from a given state of facts and
pleading, practice,
adoption of appropriate reliefs or remedies
and procedure in all
under the law for the satisfaction and
courts, the admission
enforcement of a legal obligation before a
to the practice of law,
judicial or quasi-judicial body.
the Integrated Bar,
and legal assistance to
REGULATION TO THE LEGAL
the underprivileged.
PROFESSION
(pa. 5, Section 5, Art
a. Admission to the Bar
VII of Constitution)
i. RULE 138 OF THE
RULES OF COURT
DUTIES AND PRIVILEGES OF A
ii. PRACTICE LAW: LAWYER
ADMITTED TO THE
BAR DUTIES:
Section 20 Rule 138 of the Rules of Court attorney:

Duties of attorneys. — It is the duty of an

LEGAL COUNSELING AND
SOCIAL RESPONSIBILITIES
ATTY. YAMAB

or interest;
(a) To maintain allegiance to the
Republic of the Philippines and to (h) Never to reject, for any
support the Constitution and obey the consideration personal to himself,
laws of the Philippines. the cause of the defenseless or
oppressed;
(b) To observe and maintain the
respect due to the courts of justice (i) In the defense of a person accused
and judicial officers; of crime, by all fair and honorable
means, regardless of his personal
(c) To counsel or maintain such opinion as to the guilt of the accused,
actions or proceedings only as appear to present every defense that the law
to him to be just, and such defenses permits, to the end that no person
only as he believes to be honestly may be deprived of life or liberty, but
debatable under the law. by due process of law.
(d) To employ, for the purpose of -member of the Integrated Bar of the
maintaining the causes confided to Philippines
him, such means only as are - Mandatory Continuing Legal Education
consistent with truth and honor, and (MCLE)
never seek to mislead the judge or
any judicial officer by an artifice or PRIVILEGES
false statement of fact or law;
1. Right and privilege to practice law
(e) To maintain inviolate the
during good behavior before any
confidence, and at every peril to judicial, quasi-judicial or
himself, to preserve the secrets of his administrative tribunal
client, and to accept no compensation
2. Enjoys presumption of regularity in
in connection with his client's
the discharge of his functions
business except from him or with his
3. He enjoys immunity from liability to
knowledge and approval;
third person, in the performance of
(f) To abstain from all offensive his obligation to his client, in so far as
personality and to advance no fact he does not materially depart from his
prejudicial to the honor or reputation character as a quasi-judicial officer;
of a party or witness, unless required 4. His statements, if relevant, pertinent
by the justice of the cause with which or material to the subject of judicial
he is charged; inquiry are absolutely privileged;
5. He has the right to protest, in a
(g) Not to encourage either the respectful manner, any unwarranted
commencement or the continuance of treatment of a witness or any
an action or proceeding, or delay any unjustified delay in the
man's cause, from any corrupt motive administration of justice; and
 6. Passing the bar is equivalent to a first require the knowledge of law, or a
grade civil service eligibility for any second level eligibility for any other
position in the classified service in government position.
the government the duties of which
LEGAL COUNSELING AND
SOCIAL RESPONSIBILITIES
ATTY. YAMAB

between man and woman or conduct

contrary to justice, honesty, modety,
LAWYER’S ETHICS/CANONS OF baseness, vileness, depravity in
PROFESSIONAL RESPONSIBILITY private duties which a man owed his
fellowmen, or the society in general,
- Read Code of Professional contrary to the accepted and
Responsibility customary rule of right and duty
or good morals BARRIOS V.
DISCIPLINARY PROCEEDINGS MARTINEZ, 442 SCRA 324 (2004) 5.
Violation of oath of office
- To compel the lawyer to deal FAIRLY 6. Willful disobedience of any lawful
AND HONESTLY with his clients order of any superior court
- To remove from the profession a 7. Corrupt or willful appearance as
person whose misconduct has proved attorney for a party to a case without
him unfit to be entrusted with the authority to do so
duties and responsibilities belonging
to the office of an attorney
DIFFERENT FIELDS OF LAW
1. DISBARMENT
a. Withdraw the right to practice 1. SOLO PRACTICE
law ● You are your own boss
b. Administrative proceeding ● Working hours is manageable; you
c. Revoke license can go to the office anytime you
2. SUSPENSION want
a. Prohibit practice for certain ● You can handle and choose how
period much workload you want to accept ●
b. Intended protect court and most likely be unable to meet the
public souring coast of office rentals,
c. Intended protect the equipment, travel and representation
administration of justice
2. ASSOCIATE
GROUNDS:
● Generally Offers better
1. Deceit
opportunities;
2. Malpractice or other gross misconduct
● Existing partnership usually have
in office
financial capability to defray
3. Grossly immoral conduct
overhead (water, rent, office
4. Conviction of a crime involving moral
supplies, salary of the staff) expenses
turpitude (contrary to justice,
of maintaining a law office
honesty, modesty, or good morals; act
 difficult to go into private practice
later for fear of losing a higher
3. CORPORATE paying job;
● Offers higher salary & gives ● The work is limited by the legal
pecuniary benefits concerns/business of the
● But once stuck up, he/she finds it employer
LEGAL COUNSELING AND
SOCIAL RESPONSIBILITIES
ATTY. YAMAB

a. Let your client understand

4. GOVERNMENT your relationship
● Promotion especially those who are 3. Personal demeanor and behavior of
already in the service lawyers towards the client
● Steady income a. DOING A GOOD JOB IS
● Once stuck up, difficult to leave NOT ENOUGH
since it guarantees your future b. FRIENDLINESS;
security like being entitled to GSIS PROMPTNESS;
COURTESY; RESPECT
pension upon retirement
FOR CLIENTS;
BUSINESS-LIKE
ATTITUDE
Ideal law office? c. AVAILABILITY AT ALL
1. Accessible TIMES, TELEPHONE
2. Ample room where real property are CALLS, EMAILS, TEXT
utilized MESSAGES
3. Proper ventilation 4. Keeping the clients informed
4. Regularly clean a. Update of case or matter
5. Available drinking water facilities subject of retainership
and washroom facilities b. Prompt response to inquiries
6. Reading materials available c. Opening alternatives or
7. Conference room or a separate room options to client for speedy
where you can discuss confidential disposition of cases
matters with your client d. Bringing clinet abreast of
8. Computers available development in area concern
9. Organized: filing system which e. Transparency in billing
includes the billing system
a. Client’s files 5. Train personnel or support staff for
b. Collection files professionalism; he/she must
c. Personal files understand pressure of legal work
d. General correspondence files and confidential nature of work
6. Must always be in touch with staff
HOW TO DEAL WITH CLIENT? 7. Conclusive office for private
conference
1. Protect and nurture the relationship
2. DEFINE THE RELATIONSHIP
FROM THE START: Billing system
 - Nature of case involved - In writing
- Difficulty of legal issues - Retainership contract
- Time and effort invested - attorney and client relationship
- Other unexpected incidents example:
filing motion
- If appeal: expenses incurred in WORK TASKS OF
perfecting an appeal, the preparation
of appeal briefs
LAWYERS
Attorney’s fees
- Fixed
LEGAL COUNSELING AND
SOCIAL RESPONSIBILITIES
ATTY. YAMAB

● TRIAL – accusatorial method ; trial

ADVICE modification
- Essential requisites & formalities
- These are recommendations as to provided by law
what course of action should be
followed LITIGATION
- reasons and data supporting these - Proceedings before the tribunal -
recommendations Decide issues involving parties
NEGOTIATION AND CONCILIATION
- dealing with another in an effort to reach ● FILING OF COMPLAINT
an accord between the client and another o Avenues of negotiation and
person amicable settlement have
- other modes of communication - failed
sometimes lawyer talk to lawyer of o JURISDICTION
opposing party; sometimes lawyer ▪ Power of court to
represents the client in order to settle decide matter in
DRAFTING controversy ; court
- Writing and revision of written with control over the
instruments which includes not only subject matter and the
the complete preparation of parties
document ; its review and ▪ Authority to hear and
 determine cause or
right to act in a case
procedure
o DIRECT EXAM
o CROSS EXAM
o REDIRECT AND
RECROSS
● PROVISIONAL REMEDIES - are
writ and processes available during the
pendency of an action to preserve and
protect certain rights and
interests pending the result of the
final judgment in the case.
o Preliminary Attachment
o Preliminary Injunction
o Receivership
o Replevin
o Support pendente lite
● MEMORANDUM
o Persuading the court in
deciding the case
● JUDGMENT/ DECISION
● APPEALS

FINANCING
- Lawyer’s participation as a principal
in business deals with clients where he
receives a share in the venture in return
for cash or legal services
PROPERTY MANAGEMENT

ACTING AS
EXECUTOR/ADMINISTRATOR -
Entrusted in the management of the
properties of the decedent in his
fiduciary capacity
SPECIALIZATION
- Highly competent in performance of a
task / specific work
- Broad range of matters