THE LAWYER IN

MAIDEN
PRACTICE
CHAPTER II
 Options to Start a Law Practice

01 Solo Private Practice 02 Assistant or associate

in a private law firm

Joining a corporate Government

03 04
law department Employment
01 Solo Private Practice
 Solo Private
Practice
A solo practitioner who
starts from scratch, will
surely encounter hardships
in meeting the soaring cost
of office rentals, equipment,
travel and representation
and other overhead
expenses.
 Solo Private
Practice
A solo practitioner as long as
he comports himself as a
trustworthy lawyer before
the eyes of the public by his
performance, will surely
reap dividends in the long
run and earn for himself a
name as a successful
courtroom advocate.
02
Assistant or
associate in a
private law firm
 Assistant or
associate in a
private law firm
Experienced trial lawyers are
in consensus, that joining a
private law firm offers better
opportunities.
 Assistant or
associate in a
private law firm
This could be attained by
organizing a law firm from
among your classmates or by
joining a partnership with some
familiar friend lawyers who are
financially well-oiled and
capable of satisfying the
overhead expenses of
maintaining a law office.
 Assistant or
associate in a
private law firm
A written contract of
partnership is necessary to
define the role of each
partner and the
management of the
partnership venture so as to
avoid future
misunderstanding.
03
Joining a corporate
law department
 Joining a
corporate law
department
The advantage of joining a
corporate law department is
that it offers a higher salary,
aside from the enjoyment of
generous fringe benefits and
perks not usually enjoyed
from the private law firm.
 Joining a
corporate law
department
The drawback on the other
hand, is the fear of losing a
high paying job rather than
speculating on a new
venture of private practice.
04
Government
Employment
 Government
Employment
It might appear a wise
decision to enter the
government service and stay
there for a few years in
order to gain experience and
specialization in a particular
field.
05
Charting an Ideal
Law Office
 Essential Factors in Upgrading an Ideal Law
Office
1. Are the offices readily accessible?
2. Are the offices readily identified?
3. Do the offices present a neat and orderly appearance?
4. Is there sufficient light for your purposes and to permit
your clients to read while waiting?
5. Is there ample room?
6. Is the ventilation adequate?
7. If there is no ventilating system, are electric fans provided
where necessary?
8. Are the walls attractively decorated?
 Essential Factors in Upgrading an Ideal Law
Office
9. Do you have control over the relative humidity?
10.In the (summer) does the (air-conditioning system) maintain a
healthy atmosphere?
11.Are the offices cleaned regularly?
12.Does the cleaning include windows, drapes, etc.?
13.Do you provide drinking water facilities for your office personnel
and for your clients?
14.Are there parking facilities for your client reasonably close to your
offices?
15.Are your washroom facilities for your clients reasonably close to
your offices?
16.Is modern, interesting reading material available to clients in the
waiting room?
05
Library, equipment,
staff, billing
 Library
A lawyer worth his salt and
who aspires to attract a large
number of paying clientele,
must show proof of his learning
and reading habits by the
display of a well-furnished
library.
Equipment
● An ideal law office shall be equipped
with clerical equipment.
● Old typewriters should be repaired to
make them available whenever the
computer machines break down.
● Desks, chairs, tables and sofas where
clients could relax and find comfort
while waiting shall be maintained.
● Electric fans shall be installed in every
nook and corner within reach of
waiting clients, in the absence of an air-
conditioner.
 Billing
It is second to none in the operation of law office.
A methodical but frankness in billing a client
should occupy a priority in running a law office.
The client must be impressed that he is not
overcharged, otherwise, he will not return to hire
your services the second time around.
 Tips on Billing a Client
1 2 3
Nature of the Difficulty and Time and
case involved intricacy of effort to be
legal issues invested

4 5 6
Other Expenses to Additional
unexpected be incurred amount of
incidents in perfecting attorney’s
an appeal fees for the
purpose of
appeal
06
How to deal with
the client
 Client Satisfaction

This should be the climate during the

Frankness
first interview.
and Tact

Business
With respect to fixing and payment of
-like
attorney’s fees, so that the client should
Approac not feel cheated or taken advantage of.
h

Good A new lawyer should endeavor to

human protect and take good care of his
relations relations with his clients since they are
the breadbasket of his law practice
 Client Satisfaction

Speed and Be there when your client wants you. Do

Effectiven not procrastinate.
ess

Cordiality
Key to a satisfied client is to treat him
and
with cordiality and compassion.
compassio
n

Sincerity
Every delay in the outcome of the case,
and
should be explained to the client after
honest
the close of each day of hearing.
intentions
07
Make the client
happy and
comfortable
How to make the client happy?

● Keep him well posted.

● Place his welfare and interest of
justice above self.
● Avoid unnecessary delays.
● Be always available when needed.
● Answer queries with promptness.
● Frankly tell the possible outcome of
the case.
● Protect his rights and interests.
 Guidelines in Fixing Attorney’s Fees

Value of the litigation

involved

Professional standing of the

The difficulty of the issues
involved
lawyer in the community
Note: The amount of attorney’s fees on a
contingent basis, may depend upon the
agreement of the parties. Provided, that it is not
champertous or confiscatory in nature. Neither
should the amount be unconscionable,
otherwise, the courts could order its reduction
to make it reasonable based on the standard of
quantum meruit.
 An agreement which requires
the client to sign a portion of
his property subject matter of
litigation in favor of his lawyer
as a contingent fee during the
pendency of said litigation, is
considered a violation of Art.
1491 of the Civil Code and
constitutes an act of
malpractice.
 “A lawyer shall serve his client with
competence and diligence, and shall keep
client informed of the status of the case
and shall respond within a reasonable
time to client’s request for information.”
SMALL VS. BANARES
516 SCRA 323

FACTS:

• This is a complaint for disbarment

filed by Melvin D. Small against
Atty. Jerry Banares for failure to
render legal services and to return
the money received for his legal
services.

• Small engaged the services of

Banares for the filing of several
complaints against one Lyneth
Amar.
SMALL VS. BANARES
516 SCRA 323
• First, Banares received the amount
of P20,000 from Small as an
acceptance fee. Later, the latter
delivered P60,000 to the former
allegedly to defray filing fees.

• Banares then informed Small that

he would be preparing the
documents for the cases. Small
consistently communicated with
Banares regarding the status of
his case but the latter repeatedly
told Small to wait as he is still
preparing the documents.
SMALL VS. BANARES
516 SCRA 323

• The IBP in its report made

findings that Banares failed to
render any legal service
despite having been paid for
his services, and for violating
Canons 16, 18 and 19 of the
CPR, and thus recommended
his suspension from the
practice of law for 2 years and
ordered him to return the
amount of P80,000.
SMALL VS. BANARES
516 SCRA 323

ISSUE:

• Whether or not Atty. Banares is

guilty of violating Canons 16,
18, and 19 of the Code of
Professional Responsibility.
SMALL VS. BANARES
516 SCRA 323
HELD: Yes.

• The Code provides that a lawyers shall

serve his client with competence and
diligence. The Code states that a
lawyer shall keep the client informed
of the status of his case and shall
respond within a reasonable time to
the client’s request for information.

• Atty. Banares’ failure to communicate

with Small was an unjustified denial of
complainant’s right to be fully
informed of the status of the cases.
SMALL VS. BANARES
516 SCRA 323

• By his inaction, he disregarded his

duties as a lawyer.

• The relation of attorney and client

is highly fiduciary, requiring
utmost good faith, loyalty, and
fidelity on the part of the attorney.
In this case, Atty. Banares clearly
fell short of the demands required
of him as a member of the Bar.
 Sustaining a law

08 practice;
specialization
 “when one studies law, passes the bar
and becomes a lawyer, he is perpetually
condemned to study law, otherwise, he
will become useless like a farm
implement that becomes rusty for non-
use”
Former Justice Minister Ricardo C. Puno
How to sustain a law practice
● The lawyer must attend workshops,
seminars, conventions that conduct
lectures on legal education
especially those sponsored by UP
Law Center

● Subscribe to all local and foreign

law journals and publications such
as the IBP Journal and Lawyer’s
Journal
How to sustain a law practice

● Membership in different law

associations and lawyer’s
organizations in order to familiarize
with recent developments in the
legal and judicial system
Some tips on specialization

● It must be your favorite and that it

is your chosen field where you can
show your skill and talent in order
to be considered specialist.

● Once having a specialization,

restrict your practice therein by
starting a few cases.
Some tips on specialization

● Must have the ability to develop

public relations with government
officials in charge with the
processing and approval of papers
in their respective agencies.
 THE END
● PRESENTED BY: LAURIE CARR L. LANDICHO

● REFERENCE:
● BOOK ON LEGAL COUNSELING FOR PRACTICING
LAWYERS OF JUDGE RECARDO P. BARTE