Scribd
Upload
50 views

Pointers in Dealing With The Client

The document discusses several guidelines and duties for lawyers when dealing with clients, including: 1) Lawyers should provide candid and honest opinions to clients about the merits and probable outcomes of their case, neither overstating nor understating the prospects. 2) It is the lawyer's duty to advise clients if their case lacks merit and to encourage compliance rather than futile litigation. 3) Attorney's fees should preferably be put in writing to avoid later disputes. 4) Lawyers must keep abreast of the law through continuing legal education to sustain their practice and ethics over their career.

Uploaded by

Louisa Que
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
50 views

Pointers in Dealing With The Client

The document discusses several guidelines and duties for lawyers when dealing with clients, including: 1) Lawyers should provide candid and honest opinions to clients about the merits and probable outcomes of their case, neither overstating nor understating the prospects. 2) It is the lawyer's duty to advise clients if their case lacks merit and to encourage compliance rather than futile litigation. 3) Attorney's fees should preferably be put in writing to avoid later disputes. 4) Lawyers must keep abreast of the law through continuing legal education to sustain their practice and ethics over their career.

Uploaded by

Louisa Que
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 14

Pointers in Dealing with the Client:

 Frankness and tact should  Rule 15.05- a lawyer, when


advising his client, shall give a
be the climate in dealing candid and honest opinion on the
with the client. merits and probable results of the
client’s case, neither overstating
nor understating the prospects of
the case.
Rollon v. Naraval, A.C. No. 6424,
Mar. 4, 2005
Despite his full knowledge of the finality based on the
documents furnished to him, Atty. Naraval withheld such
vital information.

He should have given her a candid and honest opinion on


the merits and the status of the case. But he withheld such
vital information. He did not inform her about the finality of
the adverse judgment.
SOME DUTIES OF THE LAWYER:

 To advise his client, ordinarily a layman to the intricacies


and vagaries of the law, on the merit or lack of merit of
his case. If he finds that his client’s cause is defenseless,
then it is his duty to advise the latter to comply and
submit, rather than traverse the incontrovertible.
 To resist the whims and caprices of his client, and
temper his client’s propensity to litigate.
 To refrain from giving any advice unless they have
obtained sufficient understanding of their client’s cause.
A careful investigation and examination of the facts
must first be had before any legal opinion is given by the
lawyer to the client.
 To disclose to the client, at the time of retainer, to all the
circumstances of his relations to the parties and any
interest in, or connection with, the controversy which
might influence the client in the selection of counsel.
Fixing of Attorney’s Fees:

 Upon acceptance of  REASON:


employment from the  It is advisable that the same be
client, the lawyer should reduced to writing so that in
see to it that the amount case of disagreement, the
court will always uphold a
of attorney’s fees should written contract.
preferably in writing.
What does quantum meruit mean?

 Quantum meruit means "as much as he deserves", and is


used as the basis for determining the lawyer's
professional fees in the absence of a contract.
When is the measure of quantum
meruit resorted to?
 There is no express contract for payment of attorney’s
fees agreed upon between the lawyer and the client;
 Although there is a formal contract for attorney’s fees,
the stipulated fees are found unconscionable or
unreasonable by the court;
 The contract for attorney’s fees is void due to purely
formal matters or defects of execution;
 The counsel, for justifiable cause, was not able to finish
the case to its conclusion;
 Lawyer and client disregard the contract for attorney’s
fees; and
 The client dismissed his counsel before the termination of
the case.
Courts may interfere and reduce contractually agreed upon
attorney’s fees when the same is unconscionable or excessive.
What is the rationale behind this authority?

 Indubitably intertwined with the lawyer’s duty to charge only


reasonable fees is the power of the court to reduce the amount of
attorney’s fees if the same is excessive and unconscionable. (Roxas
v. De Zuzuarregui, Jr., G. R. No. 152072, Jan. 31, 2006);
 A lawyer is primarily an officer of the court hence fees should be
subject to judicial control;
 Sound public policy demands that courts disregard stipulations for
attorney’s fees when they appear to be a source of speculative
profit at the expense of the debtor or mortgagor. (Borcena v. IAC,
et. al., G.R. No. 70099, Jan. 7, 1987)
How to sustain a law practice?

 Former Justice Minister Ricardo C. Puno once said,


“when one studies law, passes the bar and becomes a
lawyer, he is perpetually condemned to study law,
otherwise he will become useless like a farm implement
that becomes rusty for non-use.”
Mandatory Continuing Legal
Education (MCLE)
 Ensure that throughout their career, they keep abreast
with law and jurisprudence;
 Maintain the ethics of the profession;
 Enhance the standards of the practice of law (Sec. 1,
Rule 1, BM 850).
Some Tips on Specialization

 It must be really your favorite so as to show your skill and


expertise in order to be considered a specialist;
 You must have the ability to develop public relations
with government officials in charge with the processing
and approval of papers in their respective agencies.
Code of conduct for successful
lawyering
 Friendliness and compassion;
 Sincerity and honest intentions;
 Spirit of not giving when all the odds seem to shatter the brightest
hopes;
 Strong determination to succeed and sustain a good fight.

These must also be practiced by lawyer’s secretary and office staff.


END

You might also like