University of San Carlos

School of Law

LEGAL PROFESSION
MIDTERM GROUP ACTIVITY

SUBMITTED BY:

BULLECER, Jay Derek

CLOMA, May
LEPITEN, Kimberly
PANCHO, Joseph Job
PELICANO, Andrew Joseph

EH-309

Judge Amy Rose Soler-Rellin

October 15, 2019
A. ESSAY/RESEARCH WORK

1. PETITION TO TAKE THE BAR

 2. FIELDS OF LAW
A. Constitutional law is a body of law which defines the role, powers, and structure of different
entities within a state, namely, the executive, the parliament or legislature, and the judiciary;
as well as the basic rights of citizens and, in federal countries such as the United States and
Canada, the relationship between the central government and state, provincial, or territorial
governments.
Skills and qualities:
 Keen attention to detail
 Critical thinking skills
 Interpersonal skills
 Ability to work well under pressure
 Excellent verbal
 Written communication skills
 Knowledgeable about the technicalities of constitutional law and its amendments

B. Criminal law is the body of law that relates to crime. It proscribes conduct perceived as
threatening, harmful, or otherwise endangering to the property, health, safety, and moral
welfare of people inclusive of one's self. Most criminal law is established by statute, which is
to say that the laws are enacted by a legislature. Criminal law includes the punishment and
rehabilitation of people who violate such laws.
Skills and qualities:
 Writing and speaking skills
 Research and investigative skills
 Creative and analytical skills
 Legal knowledge and experience
 Interpersonal skills

C. Commercial law also known as trade law, is the body of law that applies to the rights,
relations, and conduct of persons and businesses engaged in commerce, merchandising,
trade, and sales. It is often considered to be a branch of civil law and deals with issues of
both private law and public law.
Skills and qualities:
 Appropriate knowledge and motivation
 High ethical standards and an understanding of the role of law
 Self-confidence and good interpersonal skills
 A variety of sustained interests which reveal a high level of achievement
 Initiative and responsibility
 Commercial awareness
 Good negotiation and project management skills
 Attention to detail
 Knowledge of the firm and justification of your suitability for it
 Language skills are a plus

D. Family law also called matrimonial law, or the law of domestic relations is an area of the law
that deals with family matters and domestic relations. The basic law covering persons and
family relations governs marriages, legal separations, property relations between spouses,
and parental authority, among others.
Skills and qualities:
 Strong communication skills
 Calm under pressure
  Good time management
 Organizational skills

E. Civil law, or civilian law, is a legal system originating in Europe, intellectualized within the
framework of Roman law, the main feature of which is that its core principles are codified
into a referable system which serves as the primary source of law. This can be contrasted
with common law systems, the intellectual framework of which comes from judge-made
decisional law, and gives precedential authority to prior court decisions, on the principle that
it is unfair to treat similar facts differently on different occasions (doctrine of judicial
precedent, or stare decisis).
Skills and qualities:
 Ability to communicate excellently
 Persuasiveness
 Interpersonal Skills
 Negotiation Skills
 Ability to Learn
 Honesty
 Organizational Skills
 Knowledge of the Rules of Evidence
F. Taxation law or revenue law is an area of legal study which deals with the constitutional,
common-law, statutory, tax treaty, and regulatory rules that constitute the law applicable to
taxation.
Skills and qualities:
 High knowledge of tax law.
 Attention to detail.
 Strong analytical reasoning.
 Knowledge of IRS protocol.
 Good foundation of legal codes.
 Well informed on government regulation

3.
a) Yes, Poblacion Barangay Captain Stark can represent Tony. It is stated in the
Rules of Court, Rule 138, Section 34 that, “in the court of a justice of the peace a
party may conduct his litigation in person, with the aid of an agent or friend
appointed by him for the purpose, or with the aid an attorney.” Thus, Captain
Stark can represent Tony as long as he Tony appointed Captain Stark.
b) Yes. Elizabeth can represent Tony. Under the Rule 138-A of the Rules of Court,
a senior law student, who is enrolled in a recognized law school’s clinical
education program approved by the Supreme Court may appear before any court
without compensation, to represent indigent clients, accepted by the Legal Clinic
of the law school. The student shall be under the direct supervision and control of
an IBP member duly accredited by the law school.
c) Yes. Tony can represent himself. In accordance with Rule 138, Section 34, “a
party may conduct his litigation personally or by aid of an attorney, and that his
appearance must be either personal or by a duly authorized member of the Bar.”
The Supreme Court also mentioned in its ruling in the case of Santos v Lacurom
(A.M. No. RTJ-04-1823), “the individual litigant may personally do everything in
the progress of the action from commencement to the termination of the litigation.
A party’s representation on his own behalf is not considered to be a practice of
law as "one does not practice law by acting for himself, any more than he
practices medicine by rendering first aid to himself.”
4. APPEARANCE/PRACTICE OF LAWYERS
a) Yes. Atty. Peter can appear on behalf of his mother, before barangay conciliation
proceedings. RULE 138 Section 21. Authority of attorney to appear. — an attorney is
presumed to be properly authorized to represent any cause in which he appears, and no
written power of attorney is required to authorize him to appear in court for his client, but
the presiding judge may, on motion of either party and on reasonable grounds therefor
being shown, require any attorney who assumes the right to appear in a case to produce
or prove the authority under which he appears, and to disclose, whenever pertinent to any
issue, the name of the person who employed him, and may thereupon make such order as
justice requires. An attorney willfully appears in court for a person without being
employed, unless by leave of the court, may be punished for contempt as an officer of the
court who has misbehaved in his official transactions.

b) No, Atty. Bruce, a congressman, cannot appear in behalf of the petitioner in a declaration
of nullity of marriage case. As stated in Art. VI, Sec. 14, 1987 Constitution, no Senator
or Member of the House of Representatives may personally appear as counsel before any
court of justice or before the Electoral Tribunals, or quasi-judicial and other
administrative bodies. Neither shall he, directly or indirectly, be interested financially in
any contract with, or in any franchise or special privilege granted by the Government, or
any subdivision, agency, or instrumentality thereof, including any government-owned or
controlled corporation, or its subsidiary, during his term of office. He shall not intervene
in any matter before any office of the Government for his pecuniary benefit or where he
may be called upon to act on account of his office. Thus, Atty. Bruce is barred from
representing the petitioner in such cases as the one mentioned above.

c) Yes. Atty. Stephen is allowed to represent the company he owns in small claims cases
against non-paying borrowers.

As a general rule under A. M. No. 08-8-7-SC which is "The Revised Rules of Procedure
for Small Claims Cases", lawyers are not allowed to represent a party as stated explicitly
under the following sections:

Section 18. Appearance. - The parties shall personally appear on the designated date of
hearing.

Appearance through a representative must be for a valid cause. The representative

of an individual-party must not be a lawyer and must be related to or next-of-kin of the
individual-party. Juridical entities shall not be represented by a lawyer in any capacity.
The representative must be authorized under a Special Power of Attorney (Form 7-SCC)
to enter into an amicable settlement of the dispute and to enter into stipulations or
admissions of facts and of documentary exhibits.

Section 19. Appearance of Attorneys Not Allowed. - No attorney shall appear in behalf
of or represent a party at the hearing, unless the attorney is the plaintiff or defendant.

If the court determines that a party cannot properly present his/her claim or
defense and needs assistance, the court may, in its discretion, allow another individual
who is not an attorney to assist that party upon the latter's consent.

However, there is an exception to this rule and as mentioned in Section 19, if the
attorney is the plaintiff or defendant, then the general rule need not apply. In this case,
Atty. Stephen is the owner of the company he represents in small claims cases against
non-paying borrowers. Therefore, he is allowed representation in the court.
5. CONTRACT FOR PROFESSIONAL SERVICES AS LEGAL COUNSEL
BCLPP LAW FIRM
P. Del Rosario Street
Cebu City, Cebu 6000
+63 32 253 7193

October 15, 2019

ATTORNEY-CLIENT AGREEMENT

BCLPP LAW FIRM (“Attorney”), and Mr. BARRY (“Client”) hereby agree that Attorney will
provide legal services to Client on the terms set forth below.

1. CONDITIONS. This Agreement will not take effect, and Attorney will have no
obligation to provide legal services, until Client returns a signed copy of this Agreement and
pays the initial deposit, if any, called for under Paragraph 7.

2. SCOPE OF SERVICES. Client is hiring Attorney to represent Client in the

matter of Client’s specific performance and damages claims against __NEGATIVE
CORPORATON_ which occurred on October 10, 2015.

If a court action is filed, Attorney will represent Client until a settlement or judgment, by
way of arbitration or trial, is reached. Attorney will oppose any motion for a new trial or any
other post-trial motions filed by an opposing party, or will make any appropriate post-trial
motions on Client’s behalf. After judgment, Attorney will not represent Client on any appeal, or
in any proceeding to execute on the judgment, unless Client and Attorney agree that Attorney
will provide such services and also agree upon additional fees, if any, to be paid to Attorney for
such services. Services in any matter not described above will require a separate written
agreement.

3. RESPONSIBILITIES OF THE PARTIES. Attorney will provide those legal

services reasonably required to represent Client in prosecuting the claims described in Paragraph
2 and will take reasonable steps to keep Client informed of progress and developments, and to
respond promptly to inquiries and communications. Client agrees to be truthful with Attorney, to
cooperate, to keep Attorney informed of any information and developments which may come to
Client’s attention, to keep Attorney advised of Client’s address, telephone number and
whereabouts. Client agrees to appear at all legal proceedings when Attorney deems it necessary,
and generally to cooperate fully with Attorney in all matters related to the preparation and
presentation of Client’s claims.

4. LEGAL FEES. Attorney will only be compensated for legal services rendered if a
recovery is obtained for Client. If no recovery is obtained, Client will be obligated to pay only
for costs, disbursements and expenses, as described in Paragraph 6. The fee to be paid to
Attorney will be a percentage of the “net recovery,” depending on the stage at which the
settlement or judgment is reached. The term “net recovery” means: (1) the total of all amounts
received by settlement, arbitration award or judgment, including any award of attorneys fees, (2)
minus all costs and disbursements set forth in Paragraph 6. [Net recovery shall also include the
reasonable value of any non-monetary proceeds.]

Attorney’s fee shall be calculated as follows:

i. If the matter is resolved before filing a lawsuit or formal initiation of proceedings,

then Attorney’s fee will be __ten__ percent (_10_%) of the net recovery;

ii. If the matter is resolved prior to __5__ days before the date initially set for the
trial or arbitration of the matter then Attorney’s fee will be __twenty__ percent
(__20__%) of the net recovery; and

iii. If the matter is resolved after the times set forth in (i) and (ii), above, then
Attorney’s fee will be __thirty__ percent (_30_%) of the net recovery.
 In the event of Attorney’s discharge or withdrawal as provided in Paragraph 11, Client
agrees that, upon payment of the settlement, arbitration award or judgment in Client’s favor in
this matter, Attorney shall be entitled to be paid by Client a reasonable fee for the legal services
provided. Such fee shall be determined by considering the following factors:

1. The actual number of hours expended by Attorney in performing legal services

for Client;
2. Attorney’s hourly rates;
3. The extent to which Attorney’s services have contributed to the result obtained;
4. The amount of the fee in proportion to the value of the services performed;
5. The amount of recovery obtained;
6. Time limitations imposed on Attorney by Client or by the circumstances; and
7. The experience, reputation and ability of personnel performing the services.

5. NEGOTIABILITY OF FEES. The rates set forth above are not set by law, but
are negotiable between an attorney and client.

6. COSTS AND LITIGATION EXPENSES. Attorney will incur various costs and
expenses in performing legal services under this Agreement. Client agrees to pay for all costs,
disbursements and expenses paid or owed by Client in connection with this matter, or which
have been advanced by Attorney on Client’s behalf and which have not been previously paid or
reimbursed to Attorney. Costs, disbursements and litigation expenses commonly include court
fees, jury fees, service of process charges, court and deposition reporters’ fees, photocopying and
reproduction costs, notary fees, long distance telephone charges, messenger and other delivery
fees, postage, deposition costs, travel costs including parking, mileage, transportation, meals and
hotel costs, investigation expenses, consultant, expert witness, professional mediator, arbitrator
and/or special master fees and other similar items. Except for the items listed below, costs and
expenses will be charged at Attorney’s cost.

In-office photocopying /page

Facsimile charges /page
Mileage /mile
Other:

Client understands that, as set forth in Paragraph 7 below, a deposit for costs may be
required before the expenditure is made by Attorney.

To aid in the preparation or presentation of Client’s case, it may become necessary to hire
expert witnesses, consultants or investigators. Attorney will select any expert witnesses,
consultants or investigators to be hired, and Client will be informed of persons chosen and their
charges.

Client authorizes Attorney to incur all reasonable costs and to hire any investigators,
consultants or expert witnesses reasonably necessary in Attorney’s judgment unless one or both
of the clauses below are initialed by Attorney.

Attorney shall obtain Client’s consent before incurring any costs in excess of
P_____________.

Attorney shall obtain Client’s consent before retaining outside investigators, consultants,
or expert witnesses.

If an award of fees and/or costs is sought on Client’s behalf in this action, Client
understands that the amount which the court may order as fees and/or costs is the amount the
court believes the party is entitled to recover, and does not determine what fees and/or costs
Attorney is entitled to charge Client or that only the fees and/or costs which were allowed were
reasonable. Client agrees that, whether or not attorneys’ fees or costs are awarded by the court in
Client’s case, Client will remain responsible for the payment, in full, of all attorneys’ fees and
costs in accordance with this Agreement.
Additionally, Client understands that if Client’s case proceeds to court action or
arbitration, Client may be required to pay fees and/or costs to other parties in the action. Any
such award will be entirely the responsibility of Client.
 7. DEPOSIT. Client agrees to pay Attorney an initial deposit for costs of
P_____________, to be returned with this signed Agreement. Attorney will hold this initial
deposit in a trust account. Client hereby authorizes Attorney to use that deposit to pay the costs,
disbursements and other expenses incurred under this Agreement.

When Client’s deposit is exhausted, Attorney reserves the right to demand further
deposits, each up to a maximum of P_____________.

Once a trial or arbitration date is set, Attorney will require Client to pay all sums then
owing, and to deposit the costs Attorney estimates will be incurred in preparing for and
completing the trial or arbitration, as well as the jury fees or arbitration fees likely to be assessed.
Those sums may exceed the maximum deposit.

Client agrees to pay all deposits required under this Agreement within 10 days of
Attorney’s demand. Any deposit that is unused at the conclusion of Attorney’s services will be
refunded.

8. MONTHLY BILLING STATEMENTS. Attorney will send Client monthly billing

statements for costs, disbursements and expenses incurred in connection with this matter. Each
statement is to be paid in full within 15 days after the date of such statement.

9. APPROVAL NECESSARY FOR SETTLEMENT. Attorney will not make any

settlement or compromise of any nature of any of Client’s claims without Client’s prior approval.
Client retains the absolute right to accept or reject any settlement. Client agrees to consider
seriously any settlement offer Attorney recommends before making a decision to accept or reject
such offer. Client agrees not to make any settlement or compromise of any nature of any of
Client’s claims without prior notice to Attorney.

10. LIMITATION OF REPRESENTATION. Attorney is representing Client only

on the matter described in Paragraph 2. Attorney’s representation does not include independent
or related matters that may arise, including, among other things, claims for property damage,
workers’ compensation, disputes with a health care provider about the amount owed for their
services, or claims for reimbursement (subrogation) by any insurance company for benefits paid
under an insurance policy.

This Agreement also does not include defending Client against, or representing Client in
any claims that may be asserted against Client as a cross-claim or counter-claim in Client’s case.
This Agreement does not apply to any other legal matters. If any such matters arise later,
Attorney and Client will either negotiate a separate agreement if Client and Attorney agree that
Attorney will perform such additional legal work or Client will engage separate counsel with
respect to the cross-claim or counter-claim or additional legal work.

11. DISCHARGE AND WITHDRAWAL. Client may discharge Attorney at any

time, upon written notice to Attorney. Attorney may withdraw from representation of Client
(a) with Client’s consent, (b) upon court approval, or (c) if no court action has been filed, for
good cause and upon reasonable notice to Client. Good cause includes Client’s breach of this
contract, Client’s refusal to cooperate with Attorney or to follow Attorney’s advice on a material
matter, or any other fact or circumstance that would render Attorney’s continuing representation
unlawful or unethical.

Notwithstanding Attorney’s withdrawal or Client’s notice of discharge, and without

regard to the reasons for the withdrawal or discharge, Client will remain obligated to pay
Attorney for all costs incurred prior to the termination and, in the event that there is any net
recovery obtained by Client after conclusion of Attorney’s services, Client remains obligated to
pay Attorney for the reasonable value of all services rendered from the effective date of this
Agreement to the date of discharge.

12. CONCLUSION OF SERVICES. When Attorney’s services conclude, all unpaid

charges will immediately become due and payable. Attorney is authorized to use any funds held
in Attorney’s trust account as a deposit against costs to apply to such unpaid charges. After
Attorney’s services conclude, upon request, Client’s file and property will be delivered to Client,
or Client’s other attorney, whether or not Client has paid any fees and/or costs owed to Attorney.
 13. LIEN. Client hereby grants Attorney a lien on any and all claims or causes of
action that are the subject of Attorney’s representation under this Agreement. Attorney’s lien will
be for any sums owing to Attorney for any unpaid costs, or attorneys' fees, at the conclusion of
Attorney’s services. The lien will attach to any recovery Client may obtain, whether by
arbitration award, judgment, settlement or otherwise. The effect of such a lien is that Attorney
may be able to compel payment of fees and costs from any such funds recovered on behalf of
Client even if Attorney has been discharged before the end of the case. Because a lien may affect
Client’s property rights, Client may seek the advice of an independent lawyer of Client’s own
choice before agreeing to such a lien. By initialing this paragraph, Client represents and agrees
that Client has had a reasonable opportunity to consult such an independent lawyer and—
whether or not Client has chosen to consult such an independent lawyer—Client agrees that
Attorney will have a lien as specified above.

__________(Client initials here) _________(Attorney initials here)

14. RECEIPT OF PROCEEDS. All proceeds of Client’s case shall be deposited into
Attorney’s trust account for disbursement in accordance with the provisions of this Agreement.

15. DISCLAIMER OF GUARANTEE. Nothing in this Agreement and nothing in

Attorney’s statements to Client will be construed as a promise or guarantee about the outcome of
this matter. Attorney makes no such promises or guarantees. There can be no assurance that
Client will recover any sum or sums in this matter. Attorney’s comments about the outcome of
this matter are expressions of opinion only. Client acknowledges that Attorney has made no
promise or guarantees about the outcome.

16. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the
parties. No other agreement, statement or promise made on or before the effective date of this
Agreement will be binding on the parties.

17. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of

this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of
that provision and of the entire Agreement will be severable and remain in effect.

18. MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may be

modified by subsequent agreement of the parties only by an instrument in writing signed by both
of them or an oral agreement only to the extent that the parties carry it out.

19. EFFECTIVE DATE. This Agreement will govern all legal services performed by
Attorney on behalf of Client commencing with the date Attorney first performed services. The
date at the beginning of the Agreement is for reference only. Even if this Agreement does not
take effect, Client will be obligated to pay Attorney the reasonable value of any services
Attorney may have performed for Client.

THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND
AGREE TO THEM, AS OF THE DATE ATTORNEY FIRST PROVIDED SERVICES. IF
MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE JOINTLY
AND SEVERALLY FOR ALL OBLIGATIONS UNDER THIS AGREEMENT. THE CLIENT
SHALL RECEIVE A FULLY EXECUTED DUPLICATE OF THIS AGREEMENT.

DATED: _________________________ _________________________________

Mr. BARRY
Address:__________________________
_________________________________
Telephone:________________________

DATED: _________________________ BCLPP LAW FIRM

By:______________________________
Jay Derek L. Bullecer, Partner
 B. MOVIE ANALYSIS
1.

2.

3.
REFERENCES:
https://study.com/articles/Constitutional_Lawyer_Career_Info_and_Requirements_for_Constitut
ional_Lawyers_Wishing_to_Practice_Constitution_Law_in_the_US.html
https://www.thebalancecareers.com/what-is-a-criminal-lawyer-2164620
https://www.brightnetwork.co.uk/career-path-guides/commercial-law/five-reasons-consider-
career-law/10-key-skills-qualities-you-need-excel-commercial-law/
https://study.com/articles/Family_Lawyer_Career_Information_for_Becoming_a_Family_Law_
Professional.html
https://medium.com/@christosvitsentzatos/ten-qualities-that-you-need-in-civil-litigation-
attorney-5bd6e5df7f18
https://www.lawyeredu.org/tax-lawyer.html
https://lawphilreviewer.wordpress.com/2012/01/30/legal-ethics-chapter-i-lawyer-and-society/