Written Report

Chapter II Lawyer on Maiden Practice

Legal Counseling for Practicing Lawyers

Prepared by:
Genzola, Neil Marvin and
Macalino, Daniel Luis
Arellano University School of Law

About the Chapter:

Chapter II talks about the life of a new lawyer. A lawyer entering in to the profession will
need to decide what career path he should pursue. He could take on private practice,
government service, or corporate practice among other options. A lawyer eventually will
have to deal with a client. This chapter provides how a new lawyer should conduct
himself in order to establish good relationship with his clients thus building a name for
himself as a reliable lawyer worth of his salt.
Pointers for a lawyer on maiden practice:
Here are some notes that a new lawyer should consider as he begins his practice of
law:
I. Possible areas of practice:
A. Solo private practice
B. Assistant or associate in a private law firm
C. Legal officer in a corporate law department
D. Government employment

II. In setting up an ideal law office:

A law office must be readily accessible, readily identified, presentable with
neat and orderly appearance, well-lit, spacious enough and with adequate
ventilation, cleaned regularly, has washroom facilities nearby, provides
adequate reading materials in the waiting room, and has parking facilities
close to the office.
A relatively ideal law office should have a library loaded with law books,
consisting of the latest edition of textbooks, codals, SCRA, Philippine reports
and Official Gazettes, and other books.

III. When dealing with a client

The relationship must be professional. Frankness and tact should be the
climate during the first interview. There must be business-like approach in
fixing the fees.
 The right to demand payment for the lawyers services should be founded on
the fact of employment although a contract of employment between a lawyer
and a client may be written or verbal. The terms of a contingent fee contract
should be fully implemented provided that such contract is not tainted with
fraud, undue influence, mistake or suppression of facts on the part of the
lawyer and the suit ended favorable to the client.
Every delay in the outcome of the case should be explained to the client after
the close of each day of hearing.
A lawyer should always be ready and available for his client.
While there can be no substitute for winning a case, good human relations
with the client can benefit the lawyer even if he encounters setbacks. It is
important that a lawyer treats a client with cordiality and compassion, with
sincerity and honest intentions, and with a spirit of not giving up.
In order to hold a client, a lawyer must: give sound advice, draft valid
documents, and adopt correct theories.
The lawyer is expected to employ prompt and thorough communication with
his client, promptly handle his clients work; he must be honest, courteous
and sympathetic in dealing with his client; and competently and diligently
handle his clients affairs.
A lawyer has the duty to fight for his clients interest and by doing so, he
should never lose temper or descend to inappropriate actions.

IV. Important notes when billing a client

There must be a methodical but frank method. The client must be impressed
that he is not being overcharged.
The client must be briefed thoroughly on the nature of the case, the difficulty
and intricacy of the legal issues, the time and effort to be invested, possible
unexpected incidents during the case, expenses to be incurred should there
be an appeal including additional attorneys fees.

V. How to sustain a law practice

A lawyer must keep abreast with the recent legislations and their
amendments, as well as the recent jurisprudence.
The Mandatory Continuing Legal Education (MCLE) program that the
Supreme Court has extended incalculable aid to the courts in an efficient and
less erratic administration of justice.
It is advisable to subscribe to all local and foreign law journals and
publications.
Membership in different law associations and lawyers organizations is
necessary for a lawyer to familiarize himself with the recent developments.
As to specialization, one should seek light from his own evaluation of his
capabilities.
 Once having chosen a specialization, a lawyer must restrict his practice
therein.

VI. Conduct for Successful Lawyering

Remember whom you are working for One should never lose sight of the
fact that the real boss is the client.
Define relationship Make sure that from the start that your clients
understand what you can and cannot do for them.
Keep in touch Always give your clients updates to their cases.
Keep at least two docketing system One that you can manage and one that
your staff manages.
Accept phone calls Always be accessible to your clients.
Promptly return your phone calls An unreturned phone call is a mark
against you.
Spend time with your staff If you staff are happy, they will be cheerful and
eager to help you and your clients.
Paper the worlds Furnish your client a copy of everything.
Send out evaluation sheets Have your clients evaluate your performance at
the end of every case.
Clients are the cornerstone of a successful law practice.
A lawyer should strive not to lose his clients, but to win more to expand his
clientele.

VII. How to develop your reputation as a Lawyer

The best and easiest place to begin developing new clients is in your own
circle of friends and acquaintances.
Surveys show that service organizations are responsible for more
recommendations of clients to lawyers than any other comparable type of
group.
Speaking to local groups is a useful activity for giving you and wide
opportunity in building your practice.
Speaking brings you into face to face contact with large number of people,
and offers them opportunity to observe you in the performance of one of the
lawyers most common activities talking.

VIII. Random Criteria for Obtaining Clients

Reputation for capability as a lawyer 26%
Reputation for trustworthiness 23%
Personal acquaintance with lawyer 20%
Referral by neighbor or friend 13%
Participation in civic, religious, and community activity 3%
Referral by another lawyer 2%
 Lawyers political activity 1%
Lawyers appearance and conduct in court 1%
Other reasons 3%

IX. Other tips related to establishing a law career

Surveys show that partners practicing together earn more than the total of
their previous individual earnings.
A specialist because of his experience and special background can do a job
more quickly and more efficiently than a general practitioner.
If a number of lawyers pool their common resources in a partnership, there
will be a reduction in overhead costs.
As the number of partners increases, the number of opportunities for meeting
clients through active participation in civic and club activities, likewise
increases.