Pale Report Powerpoint

7/27/2019 Pale Report Powerpoint

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Between grand theft and a legal fee,there only stands a law degree.

------Anonymous


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Compensation of attorneys; agreement as to fees. - An attorney shallbe entitled to have and recover from his client no more than areasonable compensation for his services, with a view to the importanceof the subject matter of the controversy, the extent of the servicesrendered, and the professional standing of the attorney. No court shallbe bound by the opinion of attorneys as expert witnesses as to theproper compensation, but may disregard such testimony and base itsconclusion on its own professional knowledge. A written contract forservices shall control the amount to be paid therefor unless found bythe court to be unconscionable or unreasonable.

RULE 138 RULES OF COURT

SECTION 24


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Cannon 20 on The Code ofProfessional Responsibility

RULE 20.01

A lawyer shall charge only fair

and reasonable fees"


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Contingency or

Certainty of

Compensation

Amount Involved

in theControversy and

Benefits

Resulting to the

Client From the

Service

Customary

Charges For

Similar Servicesand Schedule of

Fees of IBP

Probability of

Losing Other

Employment

Skill

Demanded ofthe Lawyer

Importance

of SubjectMatter

Novelty and

Difficulty of

Questions

Involved

Time Spent and

Extent of the

ServicesRendered

GUIDELINES IN

DETERMINING

LAWYER'S FEES BASED

ON CANON 20 RULE

20.01


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Contingent feesA contract for a contingent fee, where sanctioned by law,should be reasonable under all the circumstances of thecase including the risk and uncertainty of thecompensation, but should always be subject to thesupervision of a court, as to its reasonableness

CANONS OF PROFESSIONAL ETHICS

SECTION 13

CONTINGENCY FEEThe amount of contingent fees agreed upon by the parties is

subject to the stipulation that counsel will be paid for his legal

services only if the suit or litigation prospers.


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The financial capacity and economic status of the client have

to be taken into account in fixing the reasonableness of the fee.Petitioner's contingent fee falls within the purview of Article 111

of the Labor Code. This article fixes the limit on the amount of

attorney's fees which a lawyer, like petitioner, may recover in any

judicial or administrative proceedings since the labor suit where he

represented private respondents asked for the claim and recoveryof wages.

G.R. No. 118746 September 7, 1995

ATTY. WILFREDO TAGANAS, vs. NLRC


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Professional

Standing of theLawyer

Character ofEmployment

Whether

Occasional orEstablished

Contingency or

Certainty of

Compensation

Amount Involved

in theControversy and

Benefits

Resulting to the

Client From the

Service

Customary

Charges For

Similar Servicesand Schedule of

Fees of IBP

Probability of

Losing Other

Employment

Skill

Demanded ofthe Lawyer

Importance

of SubjectMatter

Novelty and

Difficulty of

Questions

Involved

Time Spent and

Extent of the

ServicesRendered

GUIDELINES IN

DETERMINING

LAWYER'S FEES BASED

ON CANON 20 RULE

20.01


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FairAndReasonableFees

CANON 20RULE 20.01

RULE 138

SECTION 24

SECTION 13

QUANTUM

MERUIT

GUIDELINES INDETERMININGLAWYER'S FEES

1310


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"There is no hard and fast rule which will serve as guide indetermining what is or what is not a reasonable fee. That must bedetermined from the facts of each case. The power to determinethe reasonableness or the unconscionable character of a lawyer'sfee is a matter falling within the regulatory prerogative of theCourt".Dalisay vs. Mauricio A.C. No. 5655 (2005)

A champertous contract is defined as a contract between a stranger

and a party to a lawsuit, whereby the stranger pursues the partys

claim in consideration of receiving part or any of the proceeds

recovered under the judgment; Blacks Dictionary


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A.M. No. 1625 February 12, 1990Bautista v Gonzales

HELD: A lawyer may, in good faith, advance expenses of litigation,

but subject to reimbursement. The agreement did not provide forreimbursement. The court has held such an arrangement

champertous (illegal agreement in which a person with no

previous interest in a lawsuit finances it with a view to sharing the

disputed property in case of success). This agreement is against

public policy.

Contract did not violate 1491 (prohibition on lawyers acquiring

property of their clients, even at public auction, which are the object

of litigation) as the prohibition applies only during the pendency of thelitigation. Since this was a contingent fee, it is not covered by 1491

of the civil code. The CPR even provides that a lawyer may have lien

over funds and property of his client and may apply so much thereof

as may be necessary to satisfy his lawful fees.

G.R. No. L-68838 March 11, 1991Fabillo vs IAC


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Unconscionable attorney's fees are those which no man in his rightsenses would offer on one hand and no honest and fair man wouldaccept. Attorney's fees are unconscionable if they affront one's

senses of justice, decency or reasonableness.

Legal Ethics 2009 ed Pineda p 342 citing 7 C.J.S. 1065

HELD: Attorneys fees are unconscionable if they are an affront to

ones sense of justice and decency. It is thus within the power of the

court to decide what is reasonable or not.

G.R. No. 152072 January 31, 2006 ROXAS vs DE ZUZUARREGUI, JR


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G.R. No. L-33493 August 18, 1988KAPISANAN NG MANGGAGAWA SA MANILA RAILROADCO.,vs.ATTY. GREGORIO FAJARDO & THE COURT OFINDUSTRIAL RELATIONS

HELD: We hold that the 25% fee fixed by the Court of IndustrialRelations was excessive. Omnibus Rules Implementing the Labor Codefixes the attorney's fees in judicial and administrative proceedings at

10% of the amount awarded. This is the same percentage allowed bylaw to lawyers prosecuting workmen's compensation cases that reach

the appellate court. Moreover, considering the low economic status oftheir clientele, the slice that labor lawyers should take from the availsof their clients' suit should not be too large as to leave the latter with

only a pittance for themselves.


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The doctrine ofquantum meruit is a rule founded on equity to prevent

unjust enrichment on the ground that it is unjust for a person to retain

benefits without paying for it.

Quantum meruitmeans as much as the lawyer deserves or an amount

which is reasonable to equate the services rendered.

RULES OF COURT RULE 138 SECTION 24

Cannon 20 on The Code of Professional Responsibility and

Section 13 of the canons of professional ethics


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Attorneys fees based on quantum meruitfind application when:

1. There is no express agreement as to the payment ofattorneys fees.

2. There is a contract but the fee as found by the court isunconscionable or unreasonable.

3. When the lawyer, for just causes, was not able to finish

the case, or withdrew for valid reasons.

4. When the client dismissed the counsel prior to thetermination of the case.


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HELD: "The income of a lawyer is not a safe criterion of his professionalability. Many very good lawyers earn but small incomes while lawyers of

inferior ability may prosper financially. Neither is the length of time a

lawyer has practiced a reliable measure of his ability; his competency

must be judged by the character of his work."

C.A. No. 8977 March 22, 1946TORIBIO P. PEREZ, plaintiff-appellee, vs.

SCOTTISH UNION AND NATIONAL INSURANCE CO.,defendant.

MIGUEL H. MITRE, appellant.


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Those lawyers proved themselves in court, and, as their good reputation grew,

more and more cases were referred to them, providing stronger and larger

cases and allowing them to be more selective, prohibition on referral fees would

remove the incentive

that, in turn, would encourage lawyers who are notthe best suited for a

particular claim to give it a shot and to try to litigate the case themselves

to the detriment of the client.

New Jersey Rule of Professional Conduct 1.5(e):

(e) Except as otherwise provided by the Court Rules, a division of fee between

lawyers who are not in the same firm may be made only if:

(1) the division is in proportion to the services performed by each lawyer, or, by

written agreement with the client, each lawyer assumes joint responsibility for

the representation; and(2) the client is notified of the fee division; and

(3) the client consents to the participation of all the lawyers involved; and

(4) the total fee is reasonable.
http://www.judiciary.state.nj.us/rules/apprpc.htmhttp://www.judiciary.state.nj.us/rules/apprpc.htm


19/23

Canon 20 Rule 20.03, Code of Professional

Responsibility

A lawyer shall not, without the full knowledge and consent

of the client, accept any fee, reward, costs, commission,

interest, rebate or forwarding allowance or other

compensation whatsoever related to his professionalemployment from anyone other than the client.


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A lawyer shall avoid controversies with clients

concerning his compensation and shall resort to

judicial action only to prevent imposition,

injustice of fraud.

Canon 20 Rule 20.04, Code of Professional

Responsibility

HELD: The CPR advises lawyers to avoid controversies with clientsconcerning compensation and to resort to judicial action only to

prevent imposition, injustice or fraud. Suits to collect fees should be

avoided. In this case there was no justification for the additional legal

fees. They were just being greedy. Award of additional fees deleted.

G.R. No. 155224 August 23, 2006PINEDA vs DE JESUS


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When proper, a lawyer may pursue judicial actions to protect orcollect money due to him. There are two options available to alawyer:

1. In the same proceeding by filing an appropriate motion

or petition as an incident to the main action

where he rendered legal services.

2. In a separate Civil action

There should never be a instance where a lawyer acquires all the

property in litigation. A lawyer must never take more than the client.

It just violates some gut level instinct for the lawyer to get more

money than the client out of a settlement. At the time of closing, thelawyer must explain to the client that they have the right to challenge

the attorney's fee as excessive. After all, the contract with the client

is only enforceable if it is reasonable and the lawyer should tell the

client so.


22/23

Discourage litigation. Persuade your neighbors to compromise

whenever you can. As a peacemaker the lawyer has superioropportunity of being a good man. There will still be business enough.

Abraham Lincoln

It is unfair to believe everything we hear

about lawyers.

Some of it might not be true.

Gerald F. Lieberman


23/23

Make crime pay.

Become a lawyer.

Will Rogers

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