Interview Paper in Problem Areas in Legal Ethics

Title:

DAY-TO-DAY LIFE

OF THE LAWYER

IN

DEALING WITH THE

SOCIETY

By: Alexa Joy C. Inguillo

3rd year - Juris Doctor
 ABSTRACT

How hard is it to be a lawyer? Others say it's easy. Memorizing a lot of books, knowing
all the laws, talking, and sitting here and there to a client. But did you know? You will
never know what their life is like until you are in their position. You don't know what their
hearts and minds are going through, especially their struggles in studying to become a
lawyer. It was already difficult when they were students. How much more that they are
now a full-fledged lawyer who takes risks for the good and development of our society.
Lawyers are one of the most hardworking people I know. They give their full time to their
work and put so much effort. Drafting, researching, communicating, reporting, and
updating to clients are stressful but this is the path that they choose. A path that they
know they will be happy to help people and being an inspiration to our fellow
countrymen as an instrument for the development and beauty of our country.
The purpose of this interview is for us to know what really the life of a lawyer is and how
are they in their day to day lives. I chose to interview, our ever beautiful, Atty. Grecelle
Rovero, who is teaching the subject of Persons and Family Relations at Aklan Catholic
College to Juris Doctor students enrolling there. We will talk about the different
experiences of my interviewee in dealing with her relationship to the client, on how she
is on social media as lawyer and as a private individual and her opinions in the neglect
or dereliction of duty of lawyers.
Being a lawyer is difficult and not everyone sees that especially when a lawyer balances
her lawyer life, being a Filipino citizen and the most important is as a mother and the
light of their home. Moreover, this interview will let us realize that a lawyer is also a
human being that can get mad, be hurt, make mistakes, and can learn from that mistake
to be better.
A person has different characteristics, especially a lawyer. Also, all lawyers have
different beliefs and standing especially when it comes to helping their clients who are in
need. But even though they have different methods of helping, a lawyer must always
remember their obligation in whatever they do. That a lawyer shall uphold the
constitution, obey the laws of the land, and promote respect for law of and legal
processes, shall at all times uphold the integrity and dignity of the legal profession, shall
owe candor, fairness and good faith to the court and shall not refuse his services to the
needy as stated in the Code of Professional Responsibility.
 1. LAWYER – CLIENT RELATIONSHIP

An attorney-client relationship is established from the moment the client asked

the attorney for legal advice regarding a case that the client is involved in. The
relationship of the attorney and client is one of trust and confidence of the highest order.
It is highly fiduciary in nature and demands utmost fidelity and good faith. As the lawyer
becomes familiar with all the facts connected with the client’s case and as he learns the
weak points as well as the strong ones, such must be considered sacred and guarded
with care. A lawyer must not take advantage of the client’s secrets and should not only
keep inviolate his client’s confidence but should likewise avoid the appearance of
treachery and double-dealing. A lawyer shall observe candor, fairness, and loyalty in all
his dealings and transactions with his clients.

1.1 INTERVIEWEE IN BULDING TRUST TO CLIENTS

As the client approaches you, most likely a client that is referred to you, first you
listen to them to know what the problem is and later respond on how you can help
him. You need to be transparent to have good communication. And as you
respond, you need to lay down the remedies that can be given to him relative to
the case. It is important to be open and honest as you discuss the case with your
client on how the process will go. As much as possible, you need to clear things as
you discuss to avoid misinterpretation.

At the beginning, he doesn't know you very well yet, but the more you listen to that
client, he will see that you truly care and as you speak, try to keep a long-term
approach so that he becomes more comfortable with you. Honor your
commitments and just act normally and eventually you will gain that client’s trust.

1.2 THE INTERVIEWEE IN MANAGING CLIENT’S EXPECTATIONS

It is important that the client knows the process. Like in a civil case, you need to
be transparent from the very start in explaining. If the client wants to demand,
you need to be honest in explaining what the outcome or flow will be if the client
did this or decided to do that. For example, what if the other party rejects the
demand? Then we will file a case, and as the lawyer, the interviewee needs to
explain the process and the alternative routes that will happen. So that way, he
 can imagine his prospects. She will tell the client all the possible options and
what we need or will do. In that way, he can have a clear picture. As lawyers, you
should never overstate nor understate the prospects of the case. Just give him
an objective and reasonable assessment of what his case is. In that way, he
knows his expectations. It is not possible to say in advance that we will win. Just
give him the truth. Always inform them of what is going on.

It is very important to include the client throughout the process. Like giving
updates from time to time, for them to express their thoughts, considerations, and
possible questions about the development of the case. In this way, you can have
a smooth lawyer-client relationship.

1.3 THE INTERVIEWEE’S STAND TO A CLIENT WHO ADMITS HIS GUILT BUT
WISHES TO PLEAD “NOT GUILTY “

My interviewee hasn’t encountered it. But if it happens, she will still help him.

Like for example in a drug case, a person needs your help to defend him/her. As
lawyers, we have a duty to the constitution, the court, the legal profession and
most especially to our clients. Under the constitution, no person shall be deprived
of live liberty property without due process of law. Everyone shall be presumed
innocent until proved guilty before the Court in accordance with the applicable
law.

So, if you know that your client is not really committing a crime, he was not
selling at that time. Although he is a user, we cannot decline him. We are here to
uphold the law. Not just because you know that he is using it, it doesn’t mean you
won't protect or help him. I will be the one to defend him and help him know the
law and most especially his rights.

Under the Code of Professional Responsibility, Canon 2, a lawyer shall make his
legal services available in an efficient and convenient manner compatible with
the independence, integrity, and effectiveness of the profession. Rule 2.01 of the
same code, a lawyer shall not reject, except for valid reasons, the cause of the
defenseless or the oppressed; and Rule 2.02 - In such cases, even if the lawyer
does not accept a case, he shall not refuse to render legal advice to the person
concerned if only to the extent necessary to safeguard the latter's rights.
Moreover, on Canon 14, a lawyer shall not refuse his services to the needy. Rule
14.01 - A lawyer shall not decline to represent a person solely on account of the
latter's race, sex. creed or status of life, or because of his own opinion regarding
the guilt of said person.
1.4 DEALING WITH AGGRESSIVE AND ANNOYING CLIENTS

As a woman, we can all relate to the interviewee, especially when it comes to our
monthly periods. As she stated in the interview, she has this kind of temper
especially when she’s close to her period. She said that she is nice when she
doesn’t have PMS (premenstrual syndrome) but when she does have PMS, she
gets triggered super easily. It’s like any moment you’re going to explode if you
hear or see something that is not nice or annoying.

But her husband always advises her to not be too rash in reacting. Always stay
calm. Take a deep breath and wait for a moment. Try to avoid responding to your
client by raising my voice because it will only worsen the situation. Always
acknowledge their feelings and let them know that you understand that the
situation/case is also giving them stress.

Like for example in a text or chat in the messenger, our interviewee stated that
she doesn’t answer quickly especially if she’s in a bad mood. Like once, she
chatted with a client who is very pushy. She let it pass and, in a few minutes, she
will respond. And later, realized that it was good that she delayed a little bit
otherwise she would have said something not so good.

1.5 HOW TO HANDLE POSITIVE AND NEGATIVE FEEDBACKS OF THE CLIENT

In handling positive feedback, she tries to react cool about it. Like for example, a
client thanked you because the first hearing went okay, she tries not to be too
laudatory with the mindset to be even better in the future.

If it is a negative comment, she is not too reactive. she thinks first where the
client is coming from and why he said something negative.

As you think about it, of course the client paid for it. He is expecting help. So,
expect the client not to be pleased if the case does not go the way he wants the
case to go. Just relax. Acknowledged the feedback even if it is a negative one.
Don’t be afraid and promise yourself to do better next time.
1.6 BEING PASSIONATE IN YOUR JOB ESPECIALLY IN DEALING WITH CLIENTS

Our interviewee is not just giving her whole time but also her whole heart to what
she does, especially in dealing with clients because this is not just a duty as
lawyers, but this is what she loves to do. This is how passionate she is as a
lawyer. If you like what you do, you can perform your duties better with a happy
heart and with a feeling of being fulfilled. Her passion is always to serve and help
the people in the best way she can.

1.7 AS A LAWYER BEING TOO ATTACHED TO THE CLIENT OR THE CASE OF

THE CLIENT

There was a time that my interviewee was too attached to her client because he
is her husband’s friend. She truly believed that person was innocent, and really
wanted to save that person and get him out of jail.
As a lawyer, you must help someone who is in need. Especially if this person is
accused of a crime that he did not commit. We should help the client in finding
and seeking justice.

1.8 HAVING A CLIENT THAT IS A FRIEND OR RELATIVE OF YOURS

There is huge pressure if your client is a friend or relative of yours because of the
connection and that pits more pressure on my interviewee’s part. Sometimes you
don't know if your relationship with them will end up being good or bad once you
help them with the case or if will the case affect the relationship what you have to
them.

1.9 DEALING WITH A CLIENT WHO HAS NO MONEY OR REQUESTING FOR AN

INSTALLEMENT OR PAY LTER BASIS

As lawyers, you cannot haggle your fees like a business. But in most cases,
there is a need to work around that rule just so you could help a client. So, if the
terms are acceptable then it can be done.
 2. THE USE OF SOCIAL MEDIA AS A LAWYER
AND AS A PRIVATE INDIVIDUAL

Social media refers to the means of interactions among people in which

they create, share, and/or exchange information and ideas in virtual communities and
networks. It is about conversations, community, connecting with the audience and
building relationships. It not only allows you to hear what people say, but enables you to
respond. In our present generation, social media has a big impact to our society. It gives
connection to make new friends. However, it can also have a negative impact. Like for
example, you are being bullied though social media that increases multiple risk for
depression, anxiety, loneliness, self-harm, and even suicidal thoughts. For lawyers,
social media is a big help to connect to current, potential, and new clients. Lawyers also
can use social media to spread what their advocacy like improving laws for the
promotion of the general welfare for the common good.

2.1. USING SOCIAL MEDIA IN THE PRACTICE OF LAW

My interviewee has a social media account but does not really gain clients
through it. But maybe in a way, like for example, someone in Manila is looking for
a lawyer in Aklan. Someone told them that they know one and that her name is
Atty. Grecelle Rovero. Then of course, that prospective client automatically
searches you on Facebook. And in that way, it really helps to have social media
because the prospective client can put a face to the name.

2.2. POSTING AS A LAWYER OR A PRIVATE INDIVIDUAL

She often posts but post as a mom on social media and not as a lawyer. She
never posts as a lawyer.

2.3. SHARING YOUR THOUGHTS AS A PRIVATE INDIVIDUAL

Being a lawyer affects my interviewee as a private Filipino individual on sharing

her thoughts about matters in a certain thing or event. She always thinks of her
 duty as a lawyer to always use tempered language. You can't speak badly or
rudely, though you're just human. You shouldn't be sarcastic or insulting. Use
honest tempered language only. Just try to be respectful in all possible means as
you can.

2.4. A NEGATIVE REVIEW OF YOUR LEGAL REPRESENTATION WAS

POSTED BY A CLIENT ON SOCIAL MEDIA

My interviewee hasn’t experienced or seen a negative review about her legal

representation that was posted by a client on social media. But if ever saw
one, she stated that she might be inclined to file the necessary legal action to
address it.

2.5. ASKING A CLIENT TO WRITE A POSITIVE FEEDBACK

It is not okay to ask a client to write a positive review about how you did your
work or legal presentation. But if the client did it voluntarily, it is okay. But not
while the case is pending. It should be done when the case is over, and that
client was already acquitted. But I would never ask that to be posted.

2.6. ADVANTAGES OF USING SOCIAL MEDIA IN YOUR PROFESSION

As she said earlier, a prospective client who does not know me can out a face to
the name. That’s all.

2.7. LIMITED USE OF SOCIAL MEDIA APPLICATIONS

It's possible to use different social media applications. There is no limitation

because it is your right, that is your freedom. Especially when it comes to
commenting, it is freedom of speech. But according to my interviewee, she is
not active in things like commenting because it only gives her stress. Like for
example in politics, you just commented or posted about what your thoughts
are or what your stand is. Then when you came back someone already
replied and started fighting with you. Then the conversation will be even
 longer and even more disturbing. So, for her, it’s better to keep quiet and
keep her comments to herself. She always picks her battles.

2.8. THE FEELING ON A NEGATIVE FEEDBACK FROM CLIENT

She has never seen or heard a negative comment about her work. But she said
that, you can see on the face of the client if they are happy and pleased or not
with the work you did. But if ever they are not pleased, you shouldn't be affected.
Think where you went wrong and focus on the things that you should have done
and what you shouldn't. Just relax and tell yourself that you will do better next
time.

3. NEGLIGENCE OR DERELICTION OF DUTY

Lawyers owe their clients a duty of care. Negligence is a failure to exercise

the degree of care considered reasonable in the circumstances, resulting in financial or
other loss. In the case of negligence, it is up to a court to decide if the lawyer breached
their duty of care and whether the client is entitled to compensation for any loss.

3.1. A FEELING THAT YOU MIGHT FAIL TO DO YOUR OBLIGATION

She stated that it’s not the obligation that she might fail but sometimes she
can’t help but be anxious of a mistake she might make along the way.
Because she knows that in herself, she is dedicated. But there are certain
points in the case which you sometimes say that I should have done this
should not have done that. That's the only thing that sometimes comes to her
mind, that sometimes you cannot be, or you can’t really handle your case
without going through rough patches.
3.2. IS LOSING A CASE EQUIVALENT TO FAILING YOUR DUTY AND
OBLIGATION?

She said No. When you lose a case it does not mean that you failed to do your
obligation. And she also stated that if she failed to remedy that, through the
means afforded by law and the rules, then that would be a failure.

3.3. OVERCOMING FAILURES IN THE PRACTICE OF LAW

In an honest answer, my interviewee is still having a fear of speaking in public or

in a court room. She is terrified until now. So, her way of handling it is she
expose herself to situations that requires her to speak publicly as often as
possible. And it gets easier over time.

3.4. LAWYERS OWING THEIR CLIENTS A STANDARD DUTY OF CARE

My interviewee believes in that. You must know that a client has entrusted
something very important to you. And for that, you owe the client the highest
standard of care.

3.5. EFFECT OF FAILURE TO PERFORM THE OBLIGATION

If you failed to perform, not only could you suffer administratively, but the client’s
case could also be negatively impacted from the lawyer’s failure.

3.6. OPINION ON A CLIENT PLEADING “NOT GUILTY” OF MURDER BUT

LATER ON PLEADED “GUILTY” AND LEAVING THE CLIENT TO SIDE
WITH THE OTHER GROUP
 She would say, it is more of a violation of ethics rather than negligence. You
were bound to that first client the moment you represented him and going to the
other party is obviously a conflict of interest.

In the situation stated, maybe the way to handle it is to withdraw your

representation as that client’s lawyer. Not because he admitted to the murder,
but because trust no longer exists between you and him. And you must
remember that trust is the center of a lawyer-client relationship.

3.7. PROMISING YOUR CLIENT THAT YOU WILL WIN BUT EVENTUALLY NOT

It is unethical to promise your client that you will win the case but eventually
not. As lawyers, when advising the client, we should only give a candid and
honest opinion on the merits and probable results of the client's case. We
should never overstate or understate the prospects of the case. Always
remember that a lawyer should only impress his client upon compliance with
the laws and the principles of fairness.
 ANALYSIS

In this whole interview, each lawyer has a different unique personality. And every day
for them is a journey that faces a lot of constant struggles in relation to work or even
personal but what is important is that you learned something from it. Facing different
clients is a day of facing a lot of different kinds of legal problems that they needed
lawyers to help them solve it. Lawyers may have different opinions and methods in
handling and dealing with their clients. but they only have one goal and that is to help
those who are in need.

As to lawyers, not all clients can be pleased. Each client has also a different personality.
Not all of them are the same, some are nice, and some are rude, but it is the duty of the
lawyer to always serve the client with competence and diligence and shall not decline to
represent a person solely on account of the latter's race, sex. creed or status of life, or
because of his own opinion regarding the guilt of said person. It means, whether he is a
nice or rude client, a lawyer shall not refuse his services to the needy.

Clients also has different opinions to lawyers; some are positive, and some are
negative. But that is part of life of especially of being a lawyer. You must accept the fact
that someone will always have something to say on how lawyers do their legal work.
And as the time passes by, these lawyers will continue to grow and have learned more
to do better in their job and to become a better person. Thus, no person has the right to
trample or judge the way of lawyers in solving their work or personal problems because
that’s their life and not yours to question.

Uphold the constitution, obey the laws of the land, and promote respect for law of and
legal processes is the ultimate duty of every lawyer even they have different opinions
and views to certain matters and has different methods or style on how to handle it.
 REFERENCES

 CODE OF PROFESSIONAL RESPONSIBILITY

https://chanrobles.com/codeofprofessionalresponsibility.html#.ZDkslXZBzIU

 A DAY IN THE LIFE OF A LAWYER

https://www.indeed.com/career-advice/finding-a-job/day-in-the-life-of-
lawyer#:~:text=While%20not%20a%20specific%20requirement,all%20their
%20responsibilities%20and%20commitments.

 ATTORNEY-CLIENT PRIVILEDGES

https://www.iadclaw.org/assets/1/7/17.23_Philippine_Chapter.pdf

 CHARACTER OF THE RELATIONSHIP BETWEEN A LAWYER AND HIS

CLIENT

https://www.batasnatin.com/law-library/legal-ethics-and-practical-exercises/legal-
ethics/709-character-of-the-relationship-between-a-lawyer-and-his-client.html

 COMMUNICATIONS

https://communications.tufts.edu/marketing-and-branding/social-media-overview/
#:~:text=Social%20media%20refers%20to%20the,Instagram%2C%20LinkedIn%20and
%20YouTube%20accounts.

 NEGLIGENCE
https://www.lsc.qld.gov.au/__data/assets/pdf_file/0008/655829/negligence-july-2020.pdf