Shane B.

Miquiabas
Practice Court I - B

1. Factors that determine the lawyer’s success

A successful lawyer become such, not by sheer luck, but by hard work. Hard work is the key to
success at the bar and success in the legal profession. Success does not represent an easy path.
Success is the product of a long, difficult, and sometimes painful journey. A lawyer continues to
grow in his profession. The law is dynamic and ever changing, adapting to new needs as our
society becomes more complex and advanced. The lawyer, therefore, must further his learning
by being informed of the updates in law and doctrines applied by the court. Hence, the price of
success is not rest from struggles, but a never-ending pursuit to be of service to others. As the
late Atty. Vicente J. Francisco puts it, “Success, particularly in law, is 99% perspiration and only
1% inspiration”.
2. Qualities of a trial lawyer
Good personality is an asset to every lawyer. A lawyer must be good-mannered and establish a
professional relation with other people, with other lawyers, and with judges. How a lawyer
presents himself physically will affect the way others perceive him. He must, therefore, be
careful of his actions. An example of a gesture that a lawyer needs to avoid is putting his hands
inside his pockets as it shows tension and might distract the judge especially when the lawyer
appears in court in that manner. A lawyer needs to correlate his actions with his words, and the
former must be natural and smooth. Other qualities of a lawyer includes honesty, humility, and
being knowledgeable. Honesty and humility builds a good reputation in court. This could grow
as an advantage wherein a judge might decide in the lawyer’s favor knowing him to be
conscientious in his duty. Being knowledgeable in different subjects is also beneficial so that a
lawyer can effectively defend his case in court.
3. Attendance in court
The court is that place where a lawyer maximizes his practice and skills. Familiarity with the
court and with the judge is one way to prepare for a coming trial. The lawyer must exhibit
punctuality by attendance in court and arriving early. It is bad practice to be tardy since judges
are very critical of the way lawyers conduct themselves and it may result to losing chances
earning potential good will. A lawyer must not waste the time of the court by being late because
it will reflect poorly on his character and affect the flow of the proceedings.
4. Choosing a client
Clients are the center of a lawyer’s industry. The business cannot prosper where there is no
client; and a client is earned by hard work. Lawyers with many clients are ceaseless workers.
They always get the job done, not just promptly, but very well done. Indifference and
procrastination will discourage clients as they may feel that their case is not given much attention
and effort, consequently forcing them to terminate the transaction and engage the services of a
better equipped lawyer. It is one thing to get a client, and another thing to keep them. Clients are
like precious stones, they must be handled with care and tended properly. Even in the initial
phase, when a prospective client visits the office for an appointment, the latter must already be
welcomed courteously by the employee entrusted to receive him or her. It is good practice to let
the lawyer know at once whenever clients enter the office. When the lawyer is presently
attending to important matters, the lawyer through his or her assistant may politely inform the
waiting clients how long until they get attended to, so the latter will feel more at ease and less
impatient. Once the lawyer becomes available to engage them, he may step out of his room and
usher the waiting client in while explaining the reason for the delay. These simple gestures begin
to show the ability of a well-mannered and cultured individual. For what must be established in a
client-lawyer relationship is mutual respect, from the inception of the transaction until the
success of the case, and even thereafter.
A lawyer must not despair. There is no easy way in this profession and in this business. To be a
successful lawyer, one must work his or her way up by making good and excellent reputation his
foundation. And reputation is obtained not by sound alarms, but by his work and triumphs.
Hence, clients are not fished through tabloids and advertisements and inaccurate self-
representation. Rather, a lawyer may want to explore places where people usually gather, like
hospitals, park, factories, and the like, where he can possibly encounter individuals that are in
need of some legal assistance. Clients may also be met under the guise of a friend or an
acquaintance. Thus, a friend may be a potential client; and it is up to the lawyer to make every
client a friend.
5. Remuneration of a lawyer
The rules provide that a lawyer is entitled to receive reasonable compensation for his or her
services. Where the contract between the lawyer and his or her client does not fix the amount of
compensation, the lawyer may demand such reasonable compensation relative to the worth of his
services.
The following are the considerations in determining reasonable compensation:
a. The importance of the subject-matter of the controversy;
b. The extent of the services rendered; and
c. The professional standing of the lawyer.
Courts also have the power to determine what constitutes reasonable compensation for the
professional services of the attorney, and to set aside whatever is stipulated in the contract if the
same is unconscionable or unreasonable. Nevertheless, the attorney can enforce his or her rights
in the proper court in an appropriate proceeding pursuant to the Rules of Court.
In the absence of stipulation, attorney’s fees and expenses of litigation, other than judicial costs,
cannot be recovered except:
a. When exemplary damages are awarded;
b. When the defendant’s act or omission has compelled the plaintiff to litigate with third
persons or to incur expenses to protect his interest;
c. In criminal cases of malicious prosecution against the plaintiff;
d. In case of clearly unfounded civil action or proceeding against the plaintiff;
e. Where the defendant acted in gross and evident bad faith in refusing to satisfy the
plaintiff’s plainly valid, just and demandable claim;
f. In actions for legal support;
g. In actions for the recovery of wages of household helpers, laborers and skilled workers;
 h. In action for indemnity under workmen’s compensation and employer’s liability laws;
i. In a separate civil action to recover civil liability arising from crime;
j. When at least double judicial costs are awarded;
k. In any other case where the court deems it just and equitable that attorney’s fees and
expenses of litigation should be recovered.

6. How much should I charge my client?

As mentioned earlier, an attorney is entitled to recover from his client no more than a fair and
reasonable compensation for his or her professional services.
Rule 20.01, Canon 20 of the Code of Professional Responsibility provides that a lawyer shall be
guided by the following factors in determining his fees:
a. The time spent and the extent of the services rendered or required;
b. The novelty and difficulty of the questions involved;
c. The importance of the subject matter;
d. The skill demanded;
e. The probability of losing other employment as a result of acceptance of the
proffered case;
f. The customary charges for similar services and the schedule of fees of the IBP
[Intrgrated Bar of the Philippines] chapter to which he belongs;
g. The amount involved in the controversy and the benefits resulting to the client from the
service;
h. The contingency or certainty of compensation;
i. The character of the employment, whether occasional or established; and
j. The professional standing of the lawyer.

7. Attorney’s Lien
There are two kinds of attorney’s lien: (1) the general, retaining or possessory lien, and (2) the
special, particular, or charging lien.
The general or retaining lien of an attorney is his right to retain possession of all documents,
money, or other property of his client coming into his hands professionally until a general
balance due him for professional services is paid.
The judge, therefore, abuses his or her discretion if he or she orders the documents, money, or
property, returned to the client without requiring the latter to file sufficient security to protect the
attorney’s lien.
On the other hand, a special or charging lien of an attorney is an equitable right to have the fees
and costs due to him for services in a suit secured to him out of the judgement in that particular
suit.
Hence, the attorney is entitled to have the judgement enforced and to receive from the proceeds
thereof compensation for his services and indemnity for expenses incurred by him in the case.
It may therefore be seen that the right of a lawyer to insure the payment of his professional fee is
either to retain the funds, documents, and papers of his client which may have lawfully come into
his possession, or to enforce it upon any judgment for the payment of money he may secure in
favor of his client. And it has been held that the retaining lien is dependent upon possession and
does not attach to anything not in the attorney's hands. The lien exists only so long as the
attorney's retains possession ends (Rustia vs. Abeto, supra).