GLENN MARK F.

RINION DELILAH SALVADOR CHAPTER X LEGAL COUNSELLING11 1) 2) Basis of Legal Counselling Constitution Revised Rules of Court Preliminary Matters Before giving counsel to a client, the following law and jurisprudence must be borne in mind: It is the lawyers duty as a member of the Bar to abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of cause with which he is charge Attorney must continue to adhere to the standards of mental and moral fitness set up for the practice of law. When the lawyers integrity is challenged by evidence, it is not enough that he denies the charges against him; he must meet the issue and overcome the evidence for the relator and show proofs that je still maintains the highest degree of morality and integrity, which at all times is expected of him. An attorney owes loyalty to his client. A lawyer is guilty of carelessness or negligence for presenting evidence containing false statement even though he had no knowledge that it contained such false statement. It is the bounden duty of the lawyer to inform his client whether his case is meritorious or not. Lawyers should present every remedy or defense authorized by law in support of his clients cause, regardless of his own personal views. 8) Attorneys are bound to advice their clients not to make untenable claims. 9) A legal counsel is expected to defend the clients cause but not at the expense of truth and defiance of laws. 10) A man of the law should never use his legal expertise and influence in order to frighten or coerce anyone especially the ordinary man who looks up for justice. Stereotypes and role description of legal counselor; 1. Gladiator or hired gun the classic lawyer role because he fights in behalf of the wishes of a client regardless of right or wrong dispute. 2. High priest another description this is so because he hands down seemingly unalterable advises. He give advises as if it has been received unseen diety. The client must accept this advice, surrounded as it is in the mystique of the law without question. 3. Business person who happens to trade in the market of legal services. He practices out of a piece of paper. 4. Professional some other persons see him as a professional like a doctor one who is interested in helping a client in the same way that a doctor cures a patient. Nature of Counselling There are several thoughts and ideas of counselling. Some of which are the following; 1. It is a form of magic a process that offers quick solution to a legal problem 2. It is purely advise giving people go to counselors and ask what possible course of action must be done, with the hope of getting and instant answer to the problem. 3. Legal counselling, in practice, is usually a series of conferences and meetings to help the client gain insight into its own legal problem through a proper understanding of the factual circumstances surrounding the case. Note; the last idea is preferred.

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Legal Counselling = It is the task of formulating solutions. It is a process in which potential solutions with their probable positive and negative consequence are identified and then weighed in order to decide which alternative is most appropriate.

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GLENN MARK F. RINION DELILAH SALVADOR KINDS OF LEGAL COUNSELLING 1. Directive counselling the counselor has control of the process and its outcome. The only responsibility of the counselee is to cooperate. 2. Non-directive counselling a process where the counselor leads the person to have insight into his own problem and the counselee does his own thinking. 3. Semi-Directive counselling This is a combination of the directive and nondirective forms of counselling. Approaches to legal counselling 1. Formal counselling this is highly technical in nature where the lawyer needs some degree of skill and preparation. 2. Informal counselling The procedure need not be pre-arranged. The form of advice General Statement of relevant law Applying the law and jurisprudence directly to the clients case Present other alternatives to the client Problems in giving advice Use of Jargon Problems of clients in receiving and understanding advice Rehearsal and the lawyers part Remembering Achieving Compliance Counselling difficult clients and how to handle them 1. Clients who are extremely indecisive A client is indecisive when he is unable to recognize any satisfactory solution to his problem. The lawyer must not hesitate to tell that the final decision is on the client. 2. A client who insists upon the lawyers opinion Clients who are unlettered and would heavily depends on your legal expertise on a given case. They would insist on your opinion just to confirm what best is for them. The lawyer must tell him that the final decision is his and his alone. It is the duty of a legal counsels to advice his client on the merit or lack of merit of his case. 3. A client who has already reached a decision Clients who come to lawyers but has already made up his mind. He wants to see you if what is on his mind is legally tenable. The lawyer must caution the client to make reconsideration especially if what is on his mind is contrary to law or is not for his own best interest in the long run. A lawyer must obey his own conscience and not that of his client. 4. A client who is fond of appealing hopeless cases it may be good to remember the following jurisprudence on the matter. A counsel should temper the inclination of his client to appeal notwithstanding the clear absence of chance for success. It is the duty of lawyers, at certain point of litigation to concede to a decision of the court. An attorney abuses his right of recourse to the Supreme Court when he files multiple petitions for the same cause in false expectation of getting favorable action from one division as against the adverse action of the division. It is the duty of a legal counsel to advise his would be clients that their case is weak and could hardly prosper on appeal.

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