LICEO DE CAGAYAN

College of Law

LEGAL COUNSELING

Professor: Francis U.Ku

School Year 2019-2020

COURSE OUTLINE

DESCRIPTION OF THE COURSE

An introduction to the art and technique of legal counseling and

the different fields of legal practice.

COURSE OBJECTIVES:

 To know and understand the fundamental concepts, art,

and technique of legal interview and counseling;
 Preparation of Different Witnesses for Settlement, Trial and
for Cross-examination
 To apply the knowledge and skills of interview and
counseling in practical situations
 Exposure to different fields of legal practice

METHODOLOGIES:

 Interactive discussion and Recitation

 Video presentation
 Workshop, Simulation/Role Playing and Group Activities
 Practicum and Documentation
 Assignment of cases and laws

COURSE OUTLINE:

I. Legal Profession
A. Definition and concept of Lawyering/Practice of law
(who are lawyers?)
 B. Lawyer--client relationship (implications of the law
profession, privileged communication etc)

II. Case Analysis

A. Determination of Factual and Legal Issues

III. Legal Interview

IV. Legal Counseling

A. Definition
B. Handling Different Clients
(Child witness, prisoner right to counsel, lying client,
counsel for witness only like journalist, congressional
hearings, etc.)
V. Billing styles and attorney's lien
VI. Facets of Document preparation ( Legal Services
Agreement, Affidavits, Use of Vernacular, quitclaims, etc.)

VII. Fieldwork - interview of lawyers and professionals in

different fields of law and to report on results.
VIII. Choices for lawyering- solo, law firm, government, etc.
IX. Ten Cardinal Rules in Legal Counseling (By: Justice
Romulo Borja)

1. Listen to your client analytically and with empathy.The

first job of counsel is to listen to his client to find out the
latter’s legal problem requiring his services. Let him tell his
story his own way at first but you must listen analytically,
i.e., with an eye to determining what, if any, cause of action
he may have if he is to be a plaintiff, or what defenses, if
any, he may have if he is to be a defendant. Take notes but
minimize interrupting his narrative. Do not be overly
concerned for now with evidentiary matters although you
should take some notes as to what documentary and
testimonial evidence is readily apparent from his story.
Show empathy, i.e., understanding, without losing a
lawyer’s perspective.

2. Determine the merits of the case.The next step is for you

 to give an opinion on the merits of your client. After much
experience, you can probably do it off-the-cuff. But the
novice may need to read up on the law and cases involved,
especially in complicated cases. Do not hesitate to ask the
client to come back for a “studied opinion”. Essentially you
should determine the merits of your client’s case by asking
yourself: “If I accept his story as true, does he have a cause
of action (i.e., a right violated) or a vlaid defense? If the
answer is yes, the next question is: “What evidence is
available to your client?”

3. Determine the goals and objectives of your client. If your

client’s case appears meritorious and the evidence
sufficient, it might be a good idea to examine with your
client his goals and objectives. This is not as obvious as it
sound and many lawyers fail to perform this important step.
The goal of winning a court case may not be, after serious
review, his real objective, especially in view of how long
these cases can last. Nor is “winning at all cost” always a
viable goal if it entails your life, career, or integrity.
Clarifying goals is important to determine if non-judicial
alternatives may be resorted to.

4. Lay down the options available to your client. Once the

goals of the exercise have been established, it is fairly easy
to lay down the options open to your client. These options
should not be limited to judicial ones but ought to include
extra-judicial remedies including negotiations, resort to
mediation, and the full gamut of modes of alternative or
non-judicial dispute resolutions. The relative expense
involved in each option should be examined. In examining
the “price” of each option, the lawyer’s fees should also be
considered.

5. Encourage non-judicial remedies.It is your duty to

discourage judicial recourse for no other reason than to help
 de-clog court dockets. Many modes of non-judicial remedies
are not only less time-consuming and expensive but may
restore parties to their former harmonious state.

6. Set the terms of engagement.Once the client has chosen,

with your advice, the course of remedial action, it is time to
reduce into writing the terms of your engagement as
counsel. This is true whether he chooses judicial or non-
judicial remedies. You must establish the cost of your
services under any remedy in which you are involved. This
may be in the form of a formal contract or simply in a letter
by you to him in which he merely signs on his conforme.
Acceptance fees, appearance fees, contingency fees, etc.,
must be clearly stated along with the expenses that may be
incurred in prosecuting or defending the case. Your fees
should be within the guidelines set by legal ethics and the
local IBP chapter.

7. Prepare a trial brief.If judicial relief is opted for, prepare a

good trial brief. Do not confuse this with the pre-trial brief
that the Rules of Court require for pre-trial or with the
memorandum or the brief of the evidence and authorities
that the court may require at the end of trial or the various
appellate briefs. This is the trial brief and this contains an
outline of hoiw you will prosecute or defend your case. It is
a private document in the sense that it is something you
share with your client only. Nevertheless, the astute lawyer
knows that this brief, after modification and reformatting,
can serve as all these other briefs. But the important thing
is that you have a game plan, a strategy paper, and a road
map for trial. In a complicated case, your client will need to
place incidents in the trial in context. You, as counsel, will
need to prepare for each stage of trial and to keep track of
the strength of your evidence.

8. Secure your evidence.With your trial brief as your guide,

 you can now proceed to secure all evidence at hand. Obtain,
if possible, affidavits or sworn statements of potential
witnesses if for no other reason than to “freeze” their story,
i.e., prevent retractions. Original documentary evidence
should be deposited in a secure place. What you keep on
hand should be machine copies. If there are documents that
can be obtained from private and public offices, obtain
originals; otherwise secure copies certified as true by their
custodians. Object evidence should likewise be placed in
secure containers; keep pictures of these in your working
file. If it is necessary to use private detectives or paralegals,
go ahead and use them. Utilize as fully as you can all the
modes of discovery under the Rules of Court. The weakness
of the typical Filipino lawyer is his unwillingness or
incompetence to utilize these modes. But note how powerful
they are and note further the sanctions for not cooperating
with requests for these modes as well as the sanctions for
not utilizing them!!!

9. File your pleadings.File the appropriate pleadings. Note

that this is one activity that extreme care in your language
is imperative. For your pleadings are the opening moves in a
complicated game of chess. Advantages can be achieved by
shrewd opening moves. Beware of making unwitting
admissions damaging to your cause or defense. In case of
palpable mistakes, amend your pleadings. Be clear. If denial
is to be made, make sure it is a specific denial as required
by the Rules. Only ultimate facts need be stated; resist the
temptation to include evidentiary matters. Check if: 1)
declarations or denials are required to be under oath; 2)
verifications are required; 2) certificate of non-forum
shopping is required.

10. Absorb all information that may play a role in the

case.If it is your first time at a courthouse, check out the
building, parking space, and comfort rooms. Get to know
the clerk of court and other staff. Get their phone numbers.
 Find out as much as you can about the presiding judge. At
every opportunity check out the records of the case if you
missed anything. Maintain a logsheet or journal of the case
and compare it periodically with the records of the case.

Cases:

Practice of Law

Jesus Cui v. Cui Aug. 31, 1964- definition of "abogado".

Phil. Lawyers Association v Agrava- Feb. 16, 1959- power to

regulate law practice

People v Simplicio Villanueva 14 SCRA 109 May 27, 1965 L-

19450 - habituality
government lawyer

Cayetano v Monsod Sept. 3, 1991 (read the dissenting and

concurring opinions)
- read the footnotes too

Canon of Professional Responsibility

Republic Act No. 7438 ( AN ACT DEFINING CERTAIN

RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER
CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF
THE ARRESTING, DETAINING AND INVESTIGATING
OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF)

Section 2. Rights of Persons Arrested, Detained or Under

Custodial Investigation; Duties of Public Officers. –

(a) Any person arrested detained or under custodial

investigation shall at all times be assisted by counsel.
 (xxx)

(f) Any person arrested or detained or under custodial

investigation shall be allowed visits by or conferences with
any member of his immediate family, or any medical doctor
or priest or religious minister chosen by him or by any
member of his immediate family or by his counsel, or by any
national non-governmental organization duly accredited by
the Commission on Human Rights of by any international
non-governmental organization duly accredited by the Office
of the President. The person's "immediate family" shall
include his or her spouse, fiancé or fiancée, parent or child,
brother or sister, grandparent or grandchild, uncle or aunt,
nephew or niece, and guardian or ward.

As used in this Act, "custodial investigation" shall include the

practice of issuing an "invitation" to a person who is investigated
in connection with an offense he is suspected to have committed,
without prejudice to the liability of the "inviting" officer for any
violation of law.

Section 3. Assisting Counsel. – Assisting counsel is any lawyer,

except those directly affected by the case, those charged with
conducting preliminary investigation or those charged with the
prosecution of crimes.

The assisting counsel other than the government lawyers shall be

entitled to the following fees;

(xxx)

In the absence of any lawyer, no custodial investigation shall be

conducted and the suspected person can only be detained by the
investigating officer in accordance with the provisions of Article
125 of the Revised Penal Code.

Contingent fee arrangement- 50 pct okay?must be in writing?

Cortez v Cortez March 12, 2018

Attorney's Fees- How to protect our fees

Malvar v Kraft Foods ( Sept. 9, 2013) - client compromised
without lawyer's consent- How to remedy?

Note: Other Cases to be assigned in class.

Some Classroom policies:

a.) Except for the professor, use of cellphone , ipad and

laptop and other similar gadgets is not allowed. Students are
encouraged to buy the books and produce hard copies of the
cases.

Exception: To access certain cases or data with the

permission of the professor but if the student uses the
chance for self-entertainment or for an irrelevant purpose,
the student will suffer a demerit in the final grade at the
discretion of the professor.
b.) Excuse letters for medical and other reasons- the
professor retains the privilege to accept or reject the reason
to determine a negative grade for attendance.

c.) Tardiness is prohibited. However, reasonable delay will be

allowed on a case to case basis. Professor retains the right to
mark the student absent.

d.) Recitations- absent student will get a failing grade if

called (unless excuse is accepted).

e.) Professor will retain privilege to increase or decrease

grades based on his general assessment of the student and
the totality of the conduct during the course.

f.) Recitation will cover all topics . However,the student will

have the responsibility to check the assigned cases in this
syllabus with the codal assignments.

g.) Professor's cellphone is 09177079203 and email

[email protected] . In case he will be absent or late, he
will contact the assigned student(s) .
Grading:

Field Exercises -- 15%

Midterm Examination 20%
Final Examinations 25%
Recitation 20%
Attendance 20%
Total: 100%

Notes: Special thanks to Justice Romy Borja and Atty. Normita

Batula for their ideas and notes incorporated in this course