THE LAWYER IN MAIDEN PRACTICE

I. OPTIONS TO PURSUE IN ORDER TO START A LAW PRACTICE

1. Solo Private Practice;

2. Assistant or associate or partner in a private law firm;
3. Legal officer in corporate law department;
4. Government employment;

II. CHARTING AN IDEAL LAW OFFICE

 “Rating Chart” – essential factors that may be of help in upgrading an ideal law office
(enumeration in the book)

 Library, Equipment, Staff, Billing.

o Updated library
o Clerical equipments – old typewriters, computer machines. mimeographing machines,
photocopy.
o Staff (not discussed in the book but I guess its common sense – 1. Office Secretary; 2.
Messenger; and 3. Paralegal)
o Clean desks, chairs, tables and sofas.
o Electric fans (if no air-conditioner available)

III. BILLING

 Should be methodical. Frankness of billing a client should occupy a priority in running a law
office.
 Client must be impressed that he is not being overcharged.
 ATTORNEY’S FEES:
o In fixing the amount of attorney’s fees:
1. The value of litigation involved;
2. The professional standing of the lawyer in the community; and
3. The difficulty of the issues involved.
o Attorney’s fees on contingent basis may defend upon the agreement of the parties.
Provided, that it is not champertous or confiscatory in nature. Neither should the
amount be unconscionable, otherwise, the courts could order its reduction to make
it reasonable based on the standard of quantum meruit.
o An agreement requiring the client to assign a portion of his property subject matter
of the litigation in favor of his lawyer as contingent fee during the pendency of the
said litigation is considered a violation of Art 1491 of the civil code and constitutes
an act of malpractice.
o Right to demand employment must be founded on the fact of employment.
o It may be express or implied, verbal or written.
o Mere promise to pay reasonable compensation is implied from the fact of
employment.
o One who receives benefits from the valuable services of counsel makes an implied
promise to pay their reasonable value, UNLESS:
 1. there is a showing that the parties intended the said services to be rendered
gratuitously;
2. Lawyer abandons the case or withdraws without justifiable cause before its
termination, UNLESS:
1) the client consents thereto, or
2) because of the inability of counsel to cooperate cordially with additional
counsel employed by the client.
3. When the amount of fees stipulated in the contract is unconscionable, the
courts may step in to make it reasonable (Gray vs. Stern).

o As long as the contract is not tainted with fraud, undue influence, mistake or
suppression of facts on the part of the lawyer, the terms thereof shall be fully
implemented against the portion of the client’s property subject of the contract, but
only if the suit or litigation ends favorably to the client. if the case is lost = the
lawyer shall not be paid a fee.
o Small vs. Banares
 Melvin D. Small (complainant) engaged the services of Atty Jerry Banares
(respondent). Complainant consistently communicated with the respondent as
to the status of the case but Respondent repeatedly told complainant to wait as
he is still preparing the documents. A case for disbarment was filed.
 IBP: made findings that respondent failed to render any legal services, and for
violating Canons 16, 18 and 19 of the code of Professional Responsibility.
Recommended suspension of the practice of law for 2 years and ordered to
return to complainant the amount of P80,000.00 that he received from the
complainant.
 SC: The relation of attorney and client is highly fiduciary, requiring utmost good
faith, loyalty, and fidelity on the part of the attorney. In this case, respondent
clearly fell short of the demands required of him as a member of the bar.

V. HOW TO DEAL WITH A CLIENT.

 On the initial interview. The client should be briefed thoroughly.

1. Nature of the case involved;
2. Difficulty and intricacy of the legal issued as compared to simpler ones;
3. The time and effort to be invested from the drafting of the pleadings to the
commencement of the litigation in court;
4. Other unexpected incidents like the filing and arguing a motion in court; the
estimated time and effort to be spent for the preparation of the motion and
argumentation;
5. In the case of appeal, the expenses to be incurred in perfecting an appeal,
preparation of appeal briefs, the payment of docketing and other lawful fees;
6. The additional amount for attorney’s fees for the purpose of appeal, which is
separate and independent of the main action.
 7. The Billing should include transportation and representation expenses which should
be specified as separate item and payable only a day before the day of hearing,
specifying the amount that the client is supposed to pay per appearance in court.

 Every delay must be explained.

 Be there when the client wants you.
 There is no substitute in winning a case, but there is no assurance as to the outcome of the
case regardless of the chances of winning are high due too external factors beyond our
control.
 Make the client happy and comfortable
 How to make your client happy:
1. Remember whom you are working for. – prevailing reality is that the real boss is the
client base. If your satisfy the clients, you stay in business. Be nice to them.
2. Define the Relationship. – make sure to make the client understand what you can
do and what you can’t do for them. Make sure your client understand everything to
their satisfaction – not yours.
3. Keep in touch. – let them know every update on the case at the earliest possible
time. Give your clients courtesy calls every now and then. Even though there is
nothing going on, let them know their cases are still alive and important to you.
4. Keep at least two docket systems. – one that you manage and one that your staff
manages. Always let your clients know when any special date is coming up. Not just
all hearing dates, but all depositions, meetings teleconferences, and the like.
5. Accept phone calls – I you can answer their queries all the time is best but if you
have a strict business hours rule, you should inform the client what those hours are.
Be accessible. Client don’t want to hear “not available”. Your client is paying for
your services, be of service.
6. Promptly return your phone calls. – All unreturned calls are marked against you and
this adds up. Tell the client that you were busy and let them know what action you
will take and when you will take it and make sure to keep your word.
7. Spend time with your staff. – on a regular basis, going over your case load. If they
are happy, they’ll be cheerful and eager to help you and your clients.
8. Paper the worlds. – Furnish your client a copy of everything. Although most of your
cases are small but to your client it may be big, maybe the biggest thing happening
in any of their lives.

VI. SUSTAINING A LAW PRACTICE; SPECIALIZATION

 Upon acquiring a substantial number of clientele, the new lawyer should strive to maintain
their patronage while attracting some more clients.
 Establish reputation.
 Protect your reputation by enhancing skills, dependability, integrity, ability to produce
experience results and a good public relations with the courts, the bar and the public.
 If a lawyer is to succeed in his practice, he must keep abreast with recent legislations and
their amendment, as well as with the latest jurisprudence.
 MLCE – sine quo non requirement before a lawyer is allowed to institute an initiatory
pleading and appear in court.
 Membership in different law associations and lawyer’s organizations is necessary for a
lawyer in order to familiarize himself with the recent developments in our legal and judicial
system.
 SPECIALIZATION – Law practitioner should seek light from his own evaluation of his
capabilities and assets, whether the field he has chosen is really his favorite and that it is in
his chosen field where he can show his skill and talent.
 Once having chosen a specialization, he should restrict his practice therein by starting with
few cases. As your name is known in that line, then your clientele will gradually increase in
number, so much so that your fellow lawyers will refer some of their clients, relatives and
acquaintances to you.
 However specialization is rather difficult to succeed when you are practicing in rural areas
or provinces, because you can only restrict yourself with one field. All major government
transactions are most likely in Metro Manila. At most general practicioners will be able to
thrive in the provinces and municipalities.