NAME: JOAQUIN, ZENNYCA B.

CLASS: 3A-LAW
SUBJECT: Legal Counselling and Social Responsibility

A client asked for a conference with you regarding her interest to file a complaint
for annulment. Prepare the steps that you need to take before meeting the client.

There is a general recognition that the major part of lawyers’ work takes place in
the lawyers’ office using the skills of interviewing and counselling, negotiating and
drafting. The first interview between client and lawyer is a crucial period of mutual
assessment for this is the part where mutual confidence must be built up. Since the
success of a case hinges on the information obtained from the client and the client’s
agreement to a course of action, a lawyer must come prepared and equipped to their first
meetings.

The very first step that a lawyer should do when a client requests for a conference,
is inquire into the possibility of a conflict of interest. Rule 15.01 of the Code of Professional
Ethics expressly provides that, “A lawyer, in conferring with a prospective client, shall
ascertain as soon as practicable whether the matter would involve a conflict with another
client or his own interest, and if so, shall forthwith inform the prospective client.” Upon
knowing the parties involved—meaning the client herself and her spouse, the lawyer shall
disclose if his own interest or any other person who may be a current or prospective
client’s interest may be prejudiced by reason of the lawyer undertaking to confer with the
client.

Secondly, upon ascertaining that there is no possible conflict of interest when the
lawyer has sworn his or her commitment to the client’s cause, the lawyer must ask for a
brief statement regarding the client’s expectations and a general idea of the action she
intends to take as per the complaint involving annulment. It would help the lawyer when
he or she has an understanding of the client’s circumstances so that the former won’t
found himself or herself in the dark upon their first meeting. A heads-up as to the client’s
wishes would aid the lawyer in his or her preliminary research. By the time of the initial
meeting, the lawyer must already have at least a notion of the nuisances of law the
potential client’s case will implicate.

As part of the client’s expectations, she client must also be notified of consultation
fees and other fees that the lawyer may charge in the event that the latter has decided to
take on the case.

Third, after understanding the summary of the client’s circumstances, the lawyer
must now review and freshen up on the related substantive laws, current jurisprudence
in the country and if necessary to look up relevant municipal laws in other countries.
Considering that the client’s wish is to file a case for annulment, the lawyer should be
abreast with the updates laws on annulment, especially The Family Code, being the
primary law governing family relations in the Philippines. It is understandable that the
lawyer does not have access to all laws within his fingertips and has to constantly
research and keep up with current rulings and Supreme Court decisions, thus the need
for continuous study. This way, the lawyer can offer the best action needed to address
the client’s troubles.

Fourth, before conferring with a client, the lawyer must prepare his questions and
outline of possible solutions. Preparation is always the key. The lawyer, upon knowing
the general scenario, must now devise an interview guide that will aid him or her to better
understand their cause of action. It is also ideal to outline possibilities and expectations
for the client. Jotting these down will save much time during consultation so as not to
keep the client for a long period and that the lawyer can make us of his period efficiently.
In the formulation of questions and solutions, the lawyer must do his best to establish
honesty, trust, and rapport between him and his client.

Finally, be punctual and professional. You can never go wrong with punctuality.
The lawyer must make his client believe that his cause is important and that the former is
willing to aid him. Also, keep a professional environment. The lawyer must be dressed
nicely and his or her office should be neat and tidy so that the client will feel comfortable
and at the same time secured as to his decision of choosing to engage the lawyer’s
services. At all times, the lawyer must keep in mind that he or she has sworn to be of duty
to the court, the society, the client and his colleagues—thus must always exercise good
judgement in preserving such duty.