Amicable Settlement-still the best

policy
At any rate, even after the filing of the
petition in court and during the pendency of
the of the case, efforts should be exerted by
the lawyer to solve the problem thru amicable
settlement.
To avoid prolonged and expensive litigation.
Determine the elements of potential claims,
defenses, remedies and counterclaims

As the lawyer is conducting an exhaustive and

comprehensive interview of his client, he should
likewise be keen about the availment of potential
claims, defenses, remedies and counterclaims.
Whoever will be your client whose case falls for
the application of said remedies may pursue the
same either as petitioner or defendant, and be
entitled to the reliefs prayed for.
Analysis and development
theory
When all potential witnesses including the client have
been interviewed and on the basis of the facts gathered
from their versions, a valid cause of action or defense can
be sufficiently drawn, you may now proceed to research
on the pertinent legal provisions of both substantial and
procedural laws applicable to the given state of facts.
Analyze the facts in relation to the legal provision
applicable and countercheck whether your theory will
prosper by availing the remedies and defenses under the
Rules of Court that will produce the result intended for.
Analysis and development
theory
Study further and read some past decisions
and jurisprudence that are applicable to the
given state of facts rendered by the Philippine
Supreme Court, as well as the different courts
in the United States, and try to analyze and
make a comparative study whether a favorable
judgment will result from the theory you have
adopted, and the theory and remedies availed
of in the cases you have read.
Theory development guidelines
Theory of the case defined- Theory has been
defined as the particular line of reasoning of either
party to suit and aim to bring together certain fact
of the case in a logical sequence and correlate them
in such a manner as to produce in the mind a
definite result or conclusion that the advocates
believes entitles him to the court judgment or
decree in the face of such conclusion asked on
certain principles of law.
The theory thus constructed lies at the very
foundation of the case.
Not only must the pleadings be drawn in
accordance therewith, but the introduction of
evidence and arguments must strictly follow the
theory and be governed by it.
The theory of the case does not end in the trial
court, it must faithfully adhered to on appeal.
For once theory has been formulated as set
forth in the pleading, you are no longer allowed
to change it and you are bound by it and all the
allegations in your pleadings up to the
termination of the case.
 2. Hypothetical case
PROBLEM:
A client hired your services with a complaint that her
son is a victim of vehicular accident, as a
consequence of which he sustained serious physical
injuries causing his hospitalization for more than one
year. When he was discharged from the hospital, the
child became a mental retarded. A computation of all
expenses incurred including payment for the services
of a physician yield a total of P1 Million Pesos.
Potential claims:
a) Criminal action against erring driver for the purpose
of securing conviction to hold employer subsdiarily
liable under Art. 103, RPC;
b) Action for quasi-delict under Art. 2176, 2180, 2184,
NCC;
c) Prosecution under Art. 263, RPC;
d) Direct independent civil action for damages against
employer of erring driver;
e) Provisional remedy of attachment against employers
peroperties in civil action; and
f) Motion to suspend criminal case before Fiscals office
on the ground of pendency of prejudicial question in a
pending civil action for damages against employer.
Defenses:
a) Defenses that offended party is guilty of contributory
negligence;
b) Defense that erring driver exercised diligence of a good
father of family to avoid accident;
c) Defense that erring driver-accused exercised last clear
chance to avoid hitting the accused;
d) Defense that offended party was at fault, in that he was
the one who bumped on vehicle of the other way around;
e) Motion for dissolution of attachment in case one is issued
on employers property by filing counter-bond which
should be filed simultaneous with the filing of motion to
quash attachment; and
f) Defense that employer exercised diligence in the
selection and supervision of his employee-driver.
3. Suggested effective theories in criminal
cases-
In a prosecution for homicide for example,
either you may adopt a theory self-defense,
complete or incomplete, mistake in identity,
insanity, or minority of the offender.