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What Is Legal Counseling

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1.) What is legal counseling?

Do you find it important as a subject in the study of


the law course? Explain.
Is the art of giving advice and information concerning the solution of a legal
problem arising from a given state of facts and the adoption of appropriate reliefs or
remedies under the law for the satisfaction and enforcement of a legal obligation
before a judicial or quasi-judicial body.
2.) Enumerate the factors necessary under the following:
a. Deciding on what path to take after passing the bar exams.
i. Solo private practice if one has undergone undergraduate legal
aid training or apprenticeship with a private law firm before.
Usually if from the province.
ii. Assistant or associate In a private law firm organizing one with
classmates or joining a law firm with some familiar friends
iii. Joining a corporate law department high immediate salary, to
gain experience and training
iv. Government employment previously in the government,
b. How to put up a law office
i. Location within the busy districts, accessible to transportation,
has parking space
ii. Neat office, proper arrangement, reception rooms other luxuries
if you can afford
iii. Law books at the law firm
iv. Library. Good office, equipment, billing and books, staff polite
etc,
v. Good filing system
c. How to interview a client
i. Establish items of a atty-client relationship
1. Lawyer entitled to atty fees
2. Client cannot dismiss lawyer at will
ii. Determine the facts of the case put him at ease, tell him you
are his friend who will stand by him, he has to tell the truth to
you,
iii. Be frank to the client
iv. Avoid frequent interruptions
v. Conduct your interview in the language that the witness speaks
vi. Reduce to writing narration of witness at end
vii. Interview all available witnesses
viii. Determine clients needs and priorities
ix. Tell the client amicable settlement is the best policy
x. Determine the elements of potential claims, defenses, remedies
and counterclaims
d. How much to bill a client
i. Nature of the case involved
ii. Difficulty and intricacy of the legal issues as compared to
simpler cases

iii. Time and effort to be invested in drafting of the pleadings to the


commencement of the litigation in court, the projected and
number of court appearance up to its termination in the trial
court
iv. Other unexpected incidents like filing and arguing a motion, the
estimated time and effort to be spent for argumentation
v. In case of appeal, the expenses to be incurred in perfecting and
appeal, preparation of appeal briefs, and additional amount of
atty fees for the purpose of appeal
vi. Should include transpo and representation expenses which
should be specified as a separate item and payable only a day
before the day of hearing, specifying the amount that the client
is supposed to pay per appearance in court.
3.) Discuss briefly the Alternative Dispute Resolution and when it is used.
It is any process or procedure used to resolve a dispute or controversy, other than
by adjudication of a presiding judge of a court or an officer of a government agency,
in which a neutral third party participates to assist in the resolution of issues, which
includes arbitration, mediation, conciliation, early neutral evaluation, mini- trial or
any combination.
Usually used, when two disagreeing parties come to an agreement short of
litigation.

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