LEGAL COUNSELING defend, and upon whom peculiar duties,

responsibilities and liabilities are developed

based from the book of Mauricio Ulep
Chapter 1
Defnition o Terms
A. Legal Intervieing ! the task of
gathering information
information which involves the
gathering of relevant data specically of
the following:
1. Nature
Nature of the client’s
client’s problem,
problem,
2. lient
lient’s
’s legal
legal posi
positio
tion,
n, and
and
!. "roba
"robable
ble cons
conse#u
e#uenc
ences
es of
adopting litigation or some other
course of action to resolve the
matter.
". Legal Co#nselling $ task of
formulating solutions.
% process in which potential solutions with
their probable positive and negative
conse#uences are identied and
weighed in order to decide which
alternative is most appropriate.
- working with a person who has a problem
in which potential solution, with their
 probably positive
positive and negative
negative
consequences,
consequences, are identied and then
weighed in order to decide which
alternative is most appropriate.
appropriate.
C. Co#nsel ! an adviser, a person
professionally engaged in the trial of
management of a case in court
% a legal advocate managing a case
at law
D. E$e%tive an& 'igilant Co#nsel ! it
necessarily and logically re#uires that the
lawyer be present and able to advise and
assist his client from the time the
confessant answers the rst #uestion asked
by the investigating o&cer until the signing
of the e'tra(udicial
e'tra(udicial confession.
E. Attorne( at la ! class of persons who
are by license, o&cers of the courts,
empowered to appear, prosecute and
by law as a conse#uence.
). Tit#lo &e A*oga&o ! not mere
possession of the academic degree of
)achelor of *aws but membership in the
)ar after due admission thereto.
G. +ra%tise o La , any activity, in or
out of court, which re#uires the application
of law, legal procedures, knowledge,
training and e'periences.
e'periences.
-. +reventive La(ering ! concerned
with minimi+ing the risks of legal trouble
and ma'imi+ing legal rights for such legal
entities at the time when transactional or
similar facts are being considered or made.
I. Ami%#s C#riae , friend of the court
, a bystander, usually a lawyer who
interposes and volunteers information upon
some matter of law in regard to which the
 (udge is doubtful
doubtful or mistaken.
mistaken.
Chapter 
+re,intervie Consi&erations
A. +reparation
1. "repari
"reparing
ng yourself
yourself $ identi
identify
fy your
your
ob(ectives
2. "repar
"reparing
ing your
your clie
client
nt
". Timing
C. The Environment
A. Need for a reception area
". nterview room
D. Seating arrangement
E. Note,ta/ing
). Using a tape re%or&er
 Advantages
- nterviewer can ask more
#uestions in less time than the
notetaker.
- aped interviews tend to have
the crisp ring of truth.
- he interviewer
interviewer can concentrate
more in the interview.

Legal Co#nseling 0+atri%ia Imma(a ". Domingo 1

 - / tapes interviewer reassures
the interviewer that the
interviewee had not been
mis#uoted esp. in controversial
statements.
- /n interview can free a busy
lawyer from a hectic schedule.
- / tape recorder is of real
assistance when the
interviewer’s hand are tied.
- ape recorders can be used for
recording lengthy documents.
G. Telephone Intervieing $
discouraged
!imple "ourtesies
- 0peak clearly, distinctly and
calmly.
- dentily your purpose #uickly
and succinctly.
- /void making side comments
during the interview.
- on’t allow long silence on the
phone.
- "rovide for verbal clues. e.i. ok,
 see..3
-. -o to Gather )a%ts
4actors to facilitate easy gathering of
facts and information:
1. /sk the interviewee to help you by
encouraging him to give you all the
facts.
56ltimate facts7 $ important and
substantial facts which either directly
form the basis of primary right and
duty, or which directly make up the
wrongful acts or omissions of the
defendants.
58videntiary facts7 $ facts which are
necessary for determination of the
ultimate facts9 they are the premises
upon which conclusions of ultimate
facts are based.
Legal Co#nseling 0+atri%ia Imma(a ". Domingo
2. 8mploy honesty and aection and a
little humor during the interview.
!. evelop and ensure trust and
condence with the client during the
interview.
;. he lawyer should be interested in
the sub(ect as he is taking notes of the
interviewee’s story.
<. 6se frank and simple terms not
euphemisms during the interview.
=. onfront the interviewee right away
if you feel that he is telling a lie during
the interview.
>. ?ake a draft of client’s story.
Chapter III
Str#%t#re o the Legal Intervie
)ive Stages o Legal Intervie
1. "reliminary 0tage
2. escription of the "roblem 0tage
!. larication 0tage
;. /dvising 0tage
<. losing 0tage $ give the client:
a. /n indication of what is
e'pected to happen ne't.
b. /n idea of the e'pected
time frame.
c. /n opportunity to ask the
client if there are other
matters which he would like
to take up
d. /n e'planation on how you
are going to charge
professional fees for
handling the case.
Canon 
2
 2#le .1 ! / lawyer shall be
guided by the following factors in Chapter I'
determining his fees: 8#estioning S/ills

a. he time spent and the e'tent  he thoughtful interviewer will
of the word #uestions so as to:
services rendered or re#uired. • "robe, not cross e'amine
b. he novelty and di&culty of the • n#uire, not challenge
#uestions involved9 • 0uggest, not demand
c. he importance of the sub(ect 6ncover, not wrap
•
matter9
• raw out, not pump
d. he skill demanded9
e. he probability of losing other • Buide, not dominate
employment as a result of
acceptance 9in&s o 8#estion Se:#en%es
of the proered case9 A. )#nnel Se:#en%e
f. he customary charges for
similar
services and the schedule of
fees of the
)" chapter to which he
belongs9
g. he amount involved in the
controversy
and the benets resulting to
the client
from the services9
h. he contingency or certainty of 
  compensation9
i. he character of the ". Inverte& )#nnel Se:#en%e
employment,
whether occasional or
established9 and
 (. he professional standing of the
lawyer.

T(pi%al Intervieing )a#lts

1. 4ailure to dene and state clearly
the purpose of the interview.
. *ack of preparation.
3. Aagueness and poor grammar.
4. /sking convoluted or overdened Other 9in&s o 8#estion Se:#en%es
#uestions. 6sed in research and (ournalistic
5. 4ailure to listen. interviewing.
6. 4ilibustering. 1. "arallel "ath 0e#uence
7. /imlessness.

Legal Co#nseling 0+atri%ia Imma(a ". Domingo !

 2. Cuintamensional esign
0e#uence $ designed by Beorge
Ballup.
a. /wareness step
b. 6ninDuenced /ttitude step
c. 0pecic /ttitude step
d. Eeasoning step
e. ntensity of attitude step
T(pes o 8#estions #se& in Legal
Intervie
1. Open,en&e& :#estions
 Advantages
• /llows clients to report their
observations in specic details.
• ncreases clients willingness to
give more information.
• 4acilitates communication by
allowing the client to get
information 5o his chest7.
• /ssists the client to overcome ego
threat, case threat, and eti#uette
barrier and trauma . >. ?ultiple or ouble )arreled
#isadvantages
•  hey have a detrimental eect if
the client is e'tremely verbose,
and has a poor sense of
relevancy.
• t does not elicit su&cient detail.
• t leave the client free to select
any aspect of the situation he
chooses to describe.
. Lea&ing :#estions
 Advantage
• nformation is known to the client.
#isadvantage
•  he probability of distortion
especially if the client is unsure of  •
the answer.
3. ;es<No :#estions
Legal Co#nseling 0+atri%ia Imma(a ". Domingo
4. Narro :#estions
 Advantages
• f client wants to avoid a
sensitive topic, you can use
narrow #uestion to overcome the
problem.
•  he client can respond easily to
non%threatening #uestions
#isadvantages
• ?ost of information that could be
developed will be lost
• t involves detailed probing
5. +ro*e :#estions
Other )orms o 8#estions
1. nterrogative #uestions
2. 8'tension #uestions
!. ?irror or reverse #uestion
;. 0ummary or rystalli+ing
#uestion
<. omparative Cuestion
=. Fypothetical Cuestion
Cuestion
G. lose%ended Cuestion
H. ombination Cuestion
Chapter '
+s(%hologi%al )a%tors that Inhi*it a
Goo& Intervie
+s(%hologi%al )a%tors=
• >Utang na Loo*? +henomenon
• Ego Threat
• Case Threat
• 2ole E@pe%tations
• Eti:#ette "arrier
• Tra#ma
+er%eive& Irrelevan%(
• Greater Nee& +henomenon
;
)ive )a%tors to otivate )#ll
+arti%ipation in the Intervie
1. 8mphatic 6nderstanding
a. *isten
b. 6nderstand
c. o not (udge
2. 4ullling 8'pectations
!. Eecognition
;. /ltruistic /ppeals
<. 8'trinsic Eeward
Three Stages o the Intervie
1. "reliminary "roblem dentication
2. hronological @verview
!. heory evelopment and
Aerication
Chapter 'I
-o to Listen
Content ! refer to the time, setting,
people, and specic transactions that
make up an event.
% also referred to as 5etailed
facts >.
)eelings , refers to labels a person
uses to describe emotional reactions to
an event.
LISTENING
• /ctive $ process of picking up the
client’s message and sending it
back in a reDective statement
which mirrors what the lawyer
has heard.
% listening with 5third ear7
"assive , listening through non%
committal responses because
they acknowledge that the lawyer
is listening without giving any
indication about how the lawyer
might be evaluating the client’s
message.
Legal Co#nseling 0+atri%ia Imma(a ". Domingo
Three +#rposes o +araphasing in
the Legal Intervie
1. o communicate to the
interviewee that the lawyer is
trying to understand what is
being conveyed.
2. o clarify the lawyer’s
understanding of the client’s
message.
!. o highlight a specic issue or
communicate more precisely
what the interviewee is
attempting to convey.
Chara%teristi%s o Listening
• reative
• ntentional
• ynamic
• / "rocess
• 0elective
• Aisual as well as /ural
• nvolves interpretation
• nvolves Eesponse
-o to *e an a%tive listenerB
1. oncentration
2. /ctive "articipation
!. Iatching for non%verbal signs
;. aking account of feelings as well
as the legal content of what the
client says
<. "ractice
"arriers to E$e%tive Listening
A. Environmental "arrier
1. "oor room lighting
. 6ncomfortable or
inade#uate seating and
spatial arrangement
3. Eoom temperature
4. 0ound distractions
5. Aisual distractions
". +s(%hologi%al "arriers
1. mbalanced mental state
2. 6nwillingness to participate
<
 !. Feadaches, stomach aches,
drowsiness, hearing
disorder
;. @verworked or emotionally
stressed
<. f the sub(ect matter is
unusual or boring
=. ierence between speed
of thought and talking
speed
>. *ack of interest in the
content or negative
reaction to the spaker or
speaker’s behavior or
physical appearance
C. C#lt#ral an& +rovin%ial or
2egional "arrier
1. ialect barrier
. Non%verbal barrier
3. )elief and value dierences
e'ist when the client has a
dierent belief about
reality, society, roles of men
and women
Che%/list or Goo& Listening
1. Jeep an open mind
2. /ssess the content not the
delivery
!. *isten for the main idea
;. )e De'ible
<. "revent distractions
=. apitali+e on thought speed
>. dentify the feelings behind the
content
G. ?i' passive and active
listening techni#ues
H. EeDect back meaning not
words
1K. Eemember $ silence is
golden $ use it constructively
Chapter 'II
Transeren%e an&
Co#ntertranseren%e
Legal Co#nseling 0+atri%ia Imma(a ". Domingo
T(pes o Non 'er*al
Comm#ni%ations
1. )a%ial E@pression
a. agger look
*. / sh%eye look
%. ’m available look
&. "oker face
e.  hose who look away
when speaking are not
sure of their opinion
.  hose who look at others
can support the validity
of what they say and
appear more competent
g.  hose who look at the
Door are overcautious
and try to avoid new
ideas, e'periences or
risk
h.  he more popular a
person is within a group,
the higher the level of
eye contact
i. /n open look comes
from an open person
 (. irect look $ genuine
interest and respect
k. Aacant look $ talks
5round7 other people
and the sub(ect
l. 0idelong glance $ signals
distrust, perhaps
skepticism
m. *ook toward the sky $
absorption in prayer and
devotion
n. 0mile and laughter
1. 0imple smile
2. 6pper smile
!. )road smile
;. @blong smile
<. Fow to you
smile
=. *ip%in smile
>. Fa%ha laughter
G. Fe%he laughter
=
 H. Fee%hee f. ouching or slightly
laughter rubbing the nose
1K. Fo%ho laughter . Use o e(eglasses
11. 0mirking a. ropping eyeglasses to
o. *ip biting lower bridge of the nose
p. Eubbing one eye b. leaning eyeglasses
#. *ip licking c. "ut eyeglasses in the
r. / (utting chin mouth
. al/ing gest#res d. hrow it on the table
a. e(ected walker . Other %ommon gest#res
b. )urst of energy walker a. Fands on hips
c. Fands on hips walker b. 0itiing on the edge of the
d. 0trutter chair
e. "re%occupied walker c. /rms spread while hands
3. Sha/ing han&s grip the edge of the
a. @rdinary handshake table
b. "oliticians handshake d. )ite nails
4. Open Cl#ster Gest#res e. Jick lightly
a. @pen handsLpalms f. eep breath and release
b. 0houlder shrugging air slowly
gesture g. sk%tsk sound
c. 6nbuttoning coat h. lenched st
d. humbs up i. "ointing inde' nger
e. @ sign  (. "alm to back of neck
f. A sign k. Jick at an imaginary
5. Deensiveness ob(ect
a. /rms crossed on chest l. 0teepling
b. 0itting with a leg over m. 4eet on desk
the arm chair, even if n. *eaning in vehicle
person is smiling o. learing throat
c. 0itting, chair back p. Ihew sound
serving as a shield #. Ihistling
6. Crossing Legs r. Mingling money in
a. *eg over leg pockets or tin can
b. 4igure four position s. *ocked ankles and
c. Ioman in a leg over leg clenched hands
position and kicks one of  t. rumming on table
her legs gently u. )lank stare
7. Eval#ation Gest#res v. Fand to chest
a. Fand to cheek gestures w. elicate balance of a
b. ritical evaluation shoe on the toe of one
gesture foot
c. Fead tilted '. 0itting with one leg
d. 0troking chin tucked under them
e. "inching the brige of the y. Eubbing of palms
nose

Legal Co#nseling 0+atri%ia Imma(a ". Domingo >

 +. rossing the middle
nger over the inde'
nger
aa. Fands on lapel of coat
ab. overed hands
ac.linging hands
ad. wisted hands
ae. 6pward inde' nger
af. *owered inde' nger
ag. nde' nger across
mouth
ah. 4ingers covering the
mouth
ai. nde' ngers meeting
a(. 4ailure on the part of the
accused to make a
protest during an arrest
indicates his guilt
Sign Lang#age $ manner by which
handicapped people communicate
Chapter 'III
Coping #p ith DiF%#lt
Sit#ations
I. Dealing ith 2el#%tan%e %
unwillingness to provide full
information in a particular case
or situation
Eeluctance comes in two ways:
a. he topic may be
discomforting for the client
b. @bservations of the client’s
demeanor may indicate
reluctance
 echni#ue in handling client
reluctance
1. gnore it or postpone it
2. 8mploy a motivational
statement
a. *aywer e'press
emphatic understanding
b. 6tili+e facilitators
Legal Co#nseling 0+atri%ia Imma(a ". Domingo
!. 0tress condentiality
;. hange the #uestion pattern
II. -o to Deal ith
)a*ri%ation $ giving false
information and withholding of
information
% client’s answer containds
inetnal inconsistencies,
fantastic and utterly incredible
stories which are contraty to
human e'perience, against the
natural course of things and
contrary to reason and common
sense.
 echni#ues for Fandling 4abrication
1. )uild general rapport
2. opic avoidance
!. isclosure
;. onfrontation
4our echni#ues in irect onfrontation
1. *awyer re#uest for clarication
2. onfrontation through the
medium of a third person
$hree %orms or &ays
a. Fave the client set forth the
client’s perception of the
adversary’s position
b. Fave the client refute the
adversary’s version
c. ell the client that heLshe is
going to be prepared for
cross%e'amination
!. 0ilence
;. irect onfrontation
III. The Client ho Sa(s Too
#%h DigressingH
% one who rambles
 hree /pproaches
1. o emphati+e with whatever
concern the client raises in the
rambling response and then
G
 return to in#uiring about the
designated topic
2. 8mploy motivational
statement
!. )reak eye contact
I'. Too Little Tal/ing
Fow to handle:
1. 6se open #uestions
2. 8'plain the purpose of the
#uestion to the client
!. ndirectly try to nd out what
is wrong
;. 6se series of closed narrow3
#uestions $ if cooperating at
rst but not in the later stage
'. Dealing ith Coni%t an&
Aggression
)O2S=
1. 0arcastic or trying to belittle
your eorts
2. )eing dismissive of your
#uestions or suggestions or
showing impatience
!. omineering client
Fow to handle this:
a. 0tay calm
b. heck your non%verbal
communication
c. 0peak with condence
d. Jeep your tone of voice even
and low and speak slowly
e. o not allow yourself to
respond to personal attacks or
verbal abuse
'I. Dealing ith -ighl(
Distresse& Client
'II. Client is Not Listening
-o to 2e&#%e Tension in an
Intervie
Legal Co#nseling 0+atri%ia Imma(a ". Domingo
 hree "ace echni#ues
1. ?irror
2. "ace
!. *ead
Chapter IJ
itness Intervieing
)o#r Ultimate )a%ts Sets Nee&e&
1. 4acts establishing the
e'istence or non%e'istence of
the substantive elements
entitling the plainti to relief.
2. 4acts corroborating the client’s
version of the case.
!. 4acts constituting the
adversary’s version of the
case9 and
;. 4acts contradicting the
adversary’s version of the
case.
-o to otivate itnesses
1. evelop rapport
2. 6se facilitators
!. Eemember that witnesses are
governed by the same sets of
facilitators and inhibitors as
your clients
Spe%ial Intervieing Cases
A. The mentall( &ist#r*e&
- Insanit( $ manifestation in
language or conduct of disease or
defect of the brain or a more or less
permanently diseased or disordered
condition of the mentality, functional
or organic and characteri+ed by
perversion, inhibition, or disordered
function of the sensory or of the
intellective faculties, or by impaired
or disordered volition.
H
 - mitigating circumstance
complete deprivation of intelligence
in the commission of the act  • ouble check information
riteria in etermining the 8'istence
of nsanity:
a. elusion test
b. rresistible mpulse est
c. Eight and wrong test
 est istinguishable est in "lea of
nsanity
a. est of ognition %
complete deprivation of
intelligence
b. est of volition $ total
deprivation of the freedom
of the will
"lo%/hea&s % person decient in
understanding and mental
pachyderm.
Im*e%ile  $ person marked by
mental deciency
Insane $ one who has unsound mind
or suers from mental disorder.
". +eople ith S#i%i&al
Ten&en%ies
"lasses of !uicide
a. /ltruistic 0uicide $ where a
person takes his life with the
idea that by doing so, he will
benet others
b. 8goistic egocentric3 0uicide $
where the suicide lacks
support group
c. /nomic 0uicide $ the individual
feels 5lost7 or 5normless7 in
the face of situations where
the values of a society or
group are confused or break
down
C. Chil&ren
Legal Co#nseling 0+atri%ia Imma(a ". Domingo
•  alk with the parents or
guardians of the child
gathered from him
• o N@ ask leading #uestions
D. Intervieing Ol&er A&#lts
a. *isten intently
b. /sk simple, straightforward
#uestions
c. )e in control of the
interview
d. o not underestimate your
ability to understand
e. *isten to the older person’s
view of the situation
Chapter J
Legal Co#nseling
"asis o Legal Co#nseling
A. Constit#tion
a. /rt , 0ec 12 13 $ /ny
person under investigation
for the commission of an
oense shall have the right
to be informed of his right
to remain silent and to have
competent and
independent counsel
preferably of his own
choice. f the person cannot
aord the services of
counsel, he must be
provided with one. hese
rihts cannot be waived
e'cept in writing and in
thee presence of counsel.
*. /rt. , 0ec 1; 23 $ n all
criminal prosecutions, the
accused shall be presumed
innocent until the contrary
is proved, and shall en(oy
the right to be heard by
himself and counsel '''
". 2evise& 2#les o Co#rt
1K
a. Eule >, 0ec. < $ 0ignature and
address of attorney. he
signature of an attorney
constitutes a certicate by him
that he has read the pleading9
that to the best of his
knowledge, information and
belief, there is good ground to
support it, and that is not
interposed for delay. 4or a
willful violation of this rule, an
attorney may be sub(ected to
appropriate disciplinary action.
*. Eule 112, 0ec 11 $ /t any time
during the proceedings
referred to in the preceding
section, the defendant, if he so
re#uests, shall be allowed to
have the services of an
attorney. 4or this purpose, the
 (udge or corresponding o&cer
may re#uire any peace o&cer
to deliver any message from
the defendant to any attorney
re#uesting the latter’s
services.
c. Eule 112, 0ec. 1= $ uring
preliminary investigation, the
accused shall have the right to
be represented by counsel.
d. Eule 11!, 0ec. 1G $ Eight of
attorney to visit the person
arrested $ Fe shall have the
right to visit and confer with
the client in (ail or any place of  and moral tness set up for the
custody at any hour of the day
or in urgent cases, of the
night.
e. Eule 11< $ Eight of the
defendant $ 0ec 1 a3. he
right to have an attorney at
every stage of the proceedings
$ from arraignment to
promulgation of (udgment.
Legal Co#nseling 0+atri%ia Imma(a ". Domingo
f. Eule 11=, 0ec. !, ;, and < $
/rraignment $ Fe must be
informed of his right to an
attorney before arraignment
and if none $ counsel de ocio
must be appointed $ and he
must have an opportunity for
time to prepare for trial.
g. Eule 12;, 0ec. 2 $ /ppointment
of attorney de ocio for the
defendant
h. Eule 1!G, 0ec. 2K $ uties of
attorneys % t is the duty of an
attorney: c3 to counsel or
maintain such actions or
proceedings only as appear to
him to be (ust, and such
defenses only as he believes to
be honestly debatable under
the law.
i. ode of "rofessional
Eesponsibility
+reliminar( atters
1. t is the lawyer’s duty as a
member of the )ar to abstain
from all oensive personality and
to advance no fact pre(udicial to
the honor or reputation of a party
or witness, unless re#uired by the
 (ustice of cause with which he is
charged.
2. /ttorneys must continue to
adhere to the standards of mental
practice of law.
!. Ihen the lawyer’s integrity is
challenged by evidence, he must
meet the issue and overcome the
evidence for the relator and show
proofs that he still maintains the
highest degree of morality and
integrity, which at all times is
e'pected of him.
11
;. /n attorney owes loyalty to his
client not only in the case in
which he has represented him but
also after the relation of attorney
and client has terminated.
<. / lawyer is guilty of carelessness
or negligence for presenting
evidence containing false
statement even though he had no
knowledge that it contained false
statements.
=. t is the burden duty of the lawyer
to inform his client whether his
case is meritorious or not.
>. /n active participation of a lawyer
on one’s party’s aairs in a case
in which he is alsos the counsel of  responsibility for a client’s cause
the opposing party is bra+enly
unethical and should be
condemned.
G. / lawyer is prohibited to purchase
property in litigation from his
client.
H. 4ailure of counsel to live up to
e'acting standard of candor and
honesty in preparation of
pleadings may be punished.
1K. / legal counsel is e'pected
to defend a client’s cause but not
at the e'pense of truth and
deance of laws.
11. t is the duty of the counsel
to receive notices addressed to
the client and see to it that his
client is informed of said notice.
12. / lawyer who advices that
the spouses can live separately
from bed and board through a
document is contrary to law,
morals, and public policy.
1!. /ssisting a client in a
scheme a lawyer knows to be
dishonest (usties disbarment of
an attorney.
1;. *awyers are admonished
not to commence litigations that
Legal Co#nseling 0+atri%ia Imma(a ". Domingo
for sheer lack of merit do not
deserve the attention of the
courts.
1<. /ttorneys are bound to
advice their clients not to make
untenable claims
1=. Negligence of counsel is
binding on the client (ust as the
latter is bound by the mistakes of
his lawyer.
1>. / lawyer should present
every remedy or defense
authori+ed law in support of his
client’s cause, regardless of his
own personal vies.
1G. /ny lawyer who assumes
has the duty to know h entire
history of the case.
1H. / lawyer must serve his
client with competence and
diligence and failure to do so
violates anon 1G of the ode of
"rofessional Eesponsibility.
2K. / man of the law should
never use his legal e'pertise and
inDuence in order to frighten or
coerce anyone especially the
ordinary man who looks up to him
for (ustice.
Stereot(pes an& role &es%riptions
o a legal %o#nselor=
1. Bladiator or a hired gun $ classic
lawyer role
2. Figh priest
!. )usiness person
;. "rofessional
9in&s o Legal Co#nseling
1. irective ounseling
2. Non%directive ounseling
!. 0emi%directive ounseling
Approa%hes to Legal Co#nselling
1. 4ormal ounselling
12
 . nformal ounselling
The )orm o A&vi%e
/. Beneral statement of relevant law
). /pplying the law and
 (urisprudence directly to the
client’s case
. "resent other alternatives to the
client
. "roblems in Biving /dvice
1. 6se of (argon
2. "roblems for clients in
receiving and
understanding advice
!. Eehearsal and the lawyer’s
part
;. Eemembering
<. /chieving ompliance
Co#nselling DiF%#lt Clients an&
-o to -an&le Them
1. lients who are e'tremely
indecisive
2. / client who insists upon the
lawyer’s opinion
!. / client who has already reached
a decision
;. / client who is fond of appealing
hopeless cases
Co#nse:#en%es
2#le 15.5. / lawyer when advising
his client, shall give a candid and
honest opinion on the merits and
probable results of the client’s case
neither overstating nor understating the
prospects of the case.
Legal Conse:#en%e ! refers to the
legal status in which the client will be
placed should the client follow a
particular course of action
Non,legal Conse:#en%e ! refers to
the economic, social, and psychological
Legal Co#nseling 0+atri%ia Imma(a ". Domingo
results that will arise upon choosing a
given course of action.
CANON 17 % / lawyer owes delity to
the cause of his client and he shall be
mindful of the trust and condence
reposed in him.
CANON 1 % / lawyer shall preserve
the condence and secrets of his client
even after the attorney%client relation is
terminated.
2#le 1.1 % / lawyer shall not reveal
the condences or secrets of his client
e'cept9
a3 Ihen authori+ed by the client
after ac#uainting him of the
conse#uences of the disclosure9
b3 Ihen re#uired by law9
c3 Ihen necessary to collect his
fees or to defend himself, his
employees or associates or by
 (udicial action.
2#le 1. % / lawyer shall not, to the
disadvantage of his client, use
information ac#uired in the course of
employment, nor shall he use the
same to his own advantage or that of
a third person, unless the client with
full knowledge of the circumstances
consents thereto.
2#le 1.3 % / lawyer shall not,
without the written consent of his
client, give information from his les
to an outside agency seeking such
information for auditing, statistical,
bookkeeping, accounting, data
processing, or any similar purpose.
2#le 1.4 % / lawyer may disclose the
aairs of a client of the rm to
partners or associates thereof unless
prohibited by the client.
2#le 1.5 % / lawyer shall adopt such
measures as may be re#uired to
1!
 prevent those whose services are
utili+ed by him, from disclosing or
using condences or secrets of the
clients.
2#le 1.6 % / lawyer shall avoid
indiscreet conversation about a
clients aairs even with members of
his family.
2#le 1.7 % / lawyer shall not reveal
that he has been consulted about a
particular case e'cept to avoid
possible conDict of interest.

Legal Co#nseling 0+atri%ia Imma(a ". Domingo 1;