CHAPTER 2 – WORK TASKS OF LAWYERS - all embracing and exhaustive as possible by telling him that you

are a faithful friend and you will stay by his side chuva ek-ek

Law Professions: DANFLAPS c. Be frank to the client

d. Avoid frequent interruptions (in talking) – para feel good ang client hehehe
1. drafting e. Conduct interview in the language that the witness speaks – heller xmpre
2. advice f. Reduce narration of witness into writing
3. negotiation & conciliation g. Interview all available witnesses
4. financing h. Trial brief preparation
5. litigation i. Determine client’s needs and priorities
6. acting as executor or trustee
7. property management AMICABLE SETTLEMENT – still the best policy
8. specialization
Determine elements of potential claims, defenses, remedies, counterclaims
1. drafting – writing, revision of written legal instruments (e.g. sales,
lease, mortgage, wills, p’ship agreement, articles of incorp, Analysis and development of theory
pleadings, compromises, decisions, resolutions, press releases,
letters, staff memoranda, advertisements) – involves legal rights INVESTIGATION
a. clarity & precision writing - ocular inspection (mode of discovery)
b. gifted document writer not req’d - determine the evidence or the lack of it
- extra-judicial confession (probative value)
2. advice – recommendation as to what course of action should be > Admissibility: corroborated by evidence of corpus delicti
followed, supporting reasons & data; usually based on learning of > Right to be informed of the right to (1) remain silent and (2)
relevant substantive & procedural law and doctrines; made in assisted by counsel of their own choice
simplified terms useful to laymen
- Non-legal advice – teaching STEPS IN TAKING VALID EXTRA-JUDICIAL CONFESSION
- Conflict – servant or critic?  inform reason of arrest
- Extent – client or own wishes?  shown warrant of arrest
 inform of consti ryt to remain silent & to counsel
3. negotiation & conciliation  inform – any statement he myt make can be used against him
a. Negotiation elements  opportunity to communicate with lawyer
- Proposals  if cannot afford services of lawyer, provide one
- Counter-proposals  extra-J confession reduced to writing
- Reconsiderations  no custodial investigation if no counsel
- Compromise  if ryt to counsel is waived, waiver in writing should be with assistance of
- Advice to clients counsel…o/w null & void
- Clients instruction to counsel  waiver contents explained to him in his own language and signed in the
b. Important – SPA (15 acts requiring SPA) presence of his parents, relative, mayor, judge or priest/minister
c. Art 1880 NCCP – A special power to compromise does
not authorize submission to arbitration
d. Common subjects of nego: real estate dealings, coverage Police report, medical report, autopsy report
of title, insurance, eminent domain awards, conflicts of Interview of witnesses – primary source of evidence
RE brokers, mortgages, RE tax adj., lease terminations, Plans and photographs – evidence with great weight
tenant relocations, litigations Show crime scene, victim of a crime, identity of persons, wound
e. Effective nego techniques: speeding up, concealment of or injuries, fruits of crime, illustrate handwriting, rebut testimonies
facts, shifting nego technique Preparation of demand – after gathering of evidence
Negotiation – factors:
4. financing – the more risky the venture & the les financially sound the Fear of litigation, unnecessary expenses, mental torture, social
client, the more chances that the client will want the lawyer to come humiliation, etc.
in. this practice presents an excellent opportunity for making money.
PRE-TRIAL
5. litigation – proceedings before any tribunal (judicial, quasi or admin) Civil: Summons
Avail of interrogatories
6. acting as executor or trustee – drafting of will, gathering of facts, Statement of willingness to enter into amicable settlements
records, evidence, familiarity; Summary of admitted facts and proposed stipulation of facts
Issue to be resolved
7. property management – leasing, eviction, contract of repairs, rent Documents and exhibits
collection, maintenance services, taxes, executors & trustees Manifestation of having availed of discovery procedures
Number and names of witnesses
8. specialization – trial lawyers, general practitioners Refer the parties to PMV mediation
Study pleadings
Bsta…
CHAPTER 3 - CLEP
Criminal: Arraignment
A. Interview of client Preliminary conference – try reaching a settlement
a. Establish items of atty-client relationship Study allegations
i. Lawyer entitled to atty’s fees Pre-trial – issue, evidence, judgment
ii. Client cannot dismiss lawyer at will, only if:
1. if client pursues illegal/immoral course of action in Pre-Trial elements:
connection with the case Statement of claims and defenses
2. client insists lawyer to pursue a conduct violative of canons Number of witnesses
3. inability to work with co-counsel and is not for the best Abstract of testimonies
interest of client Copies of documents to be presented
4. mental or physical condition of lawyer renders it difficult to Admissions
carry out employment effectively Applicable law and jurisprudence
5. client deliberately fails to pay fees or fails to comply with Statement of the issue
retainer agreement Evidence
6. other similar cases
Judge shall persuade the parties to enter into amicable settlement

b. Determine facts (interviewing techniques)