Practice Court Final

7/31/2019 Practice Court Final

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8/11/2012 1GROUP IV REPORT : TABARES, ELECO, FLORES,

CATAGUE, CORDERO, EGCAS, MINEZ


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TASKS UNDERTAKEN BY LAWYERS:

Advice

Negotiation &

Conciliation

Drafting

Litigation

Financing

Specialization

Acting as Executor

or Trusteee

Property Management

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CORDERO, EGCAS, MINEZ 2


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TASKS UNDERTAKEN BY LAWYERS:

Advice

Negotiation &

Conciliation

Drafting

Litigation

Financing

Specialization

Acting as Executor or Trustee

Property Management

DORIS Y. FLORES

DORIS Y. FLORES

FRAN MARIE C. CATAGUE

KATHLEEN S. TABARES

RENANTE EGCAS

EFRAIM CORDERO

MARIFE F. ELECO

VIRGIE MINEZ




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ADVICE

PRESENTER:

KATHLEEN S. TABARES




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Lawyers advice:

Recommendations as to what course of action

should be followed;

The reasons;

And the Data supporting these recommendations




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1. Alternative Courses of Action

2. Sidelights of Advisory Job

3. Non-Legal Advice

4. Role Conflict in Giving Advice

5. Lawyers Ultimate Word




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Mastery of legal doctrines and substantive

and procedural laws by themselves seldomenough




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1. Anticipated reactions of courts and other

administrative agencies or official or quasi-

judicial bodies;

2. Probative value of evidence;

3. Desires and resources of clients and other

affected parties; and

Alternative courses of action.




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1. Indicate his preference as to which course

of action should be followed by the client;

2. Proceed to argue persuasively as to whythe client should adopt this course of action ;

or

3. He may try to avoid showing anypreference at all on which course should be

taken, merely posing available alternatives in

as neutral terms as possible




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Lawyers who are holding positions in

government and business often becometrusted counselors on a wide range of family,

business, administrative and political

problems.




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In advising clients, the lawyer can often run

into role conflict giving rise to the following

questions:

1. When should the be the clients servantand when his critic?

2. To what extent should he identify with

the clients goals and follow his expressedwishes?

3. To what extent should he question them?




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The best approach in dealing with this

particular client is to define right upon theacceptance of the employment or before

giving any advice, the extent of the clients

role.




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NEGOTIATION

AND

CONCILIATION

PRESENTER:

MARIFE F. ELECO




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Negotiate to communicate or confer with

another so as to arrive at the settlement of

some matter

Conciliation is a process similar to mediation

wherein a neutral third-party facilitates the

resolution of conflict through dialogue




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Advice to Clients

Reconsiderations

Counter-Proposals

Proposals to the other side

Compromise

N

S

EW

Client instructions to counsel

1

2

3

4

5

Essential factors in negotiation

6




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Negotiation may involve more than two sides

or parties, and negotiation efforts for any

side may be made by a team of persons.

The client and his lawyer are a common

team




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One important thing to remember when

negotiating for a client is that a lawyer mustbe equipped with a special power of

attorney before sitting at the negotiating

table.




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Concealmentof facts

Shiftingnegotiationtechnique

Speeding up

litigationprocess

Effective negotiation techniques




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Delay is one of the effective techniques in

negotiation designed to increase on the otherside and to act as a deprivation, at least

before a case reaches the court.




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Concealment of facts, particularly the

intentions of the bargainers principal, is aconventional negotiation tactic, and one

resorted by lawyer-negotiators.




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A negotiation technique yielding

wondrous results when matters are not

doping well, is that of attempting a shift ofnegotiations to the final decision maker or

someone close to him, going over the head of

the subordinate with whom the negotiator

had been dealing.




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PRESENTER

DORIS Y. FLORES




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writingreview

modification



T

W

O

S


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LEGAL INSTRUMENTS

LAWYER

Sales

Leases

Mortgages

Wills

Partnership

Articles of

incorporat

-ion

Pleadings,

compromise

agreement .

Decisions,

andresolutions

Press

releases

Letters

Staffmemoranda

Usual

contracts

and deeds

Advertisements

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Clarity and precision writing




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PRESENTER:

FRAN MARIE C. CATAGUE




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LITIGATION

Definition Litigation vs

Negotiation

Contested Suits

vs

Uncontested

Suits

Procedure

in

Suits




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Simplified Meaning : Proceedings before the

courts




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Broader Meaning : Proceedings before any

tribunals whether judicial or quasi-judicial or

administrative body vested with jurisdiction.

Includes the following :

Government Administrative agencies

Private adjudicative bodies as arbitration boards and

members of disciplinary committees of trade andprofessional associations.




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LITIGATION NEGOTIATION

Presence of a third party to

decide over an issue

Presence of negotiation

parties with conflicting

interest to resolve or

accomodate to them bymutual agreement among

themselves




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NATURE OF CASE PROCEDURE

1. Annulment In an out of court understanding, the parties

through their counsels arrange for an

uncontested litigation such as the defendant

should not answer a complaint

2. Criminal Case Guilty please without any serious contest at

the plea negotiation stage

3. Proceedings before

administrative bodies such as

SEC, LTO, IPO, Immigration,

NLRC, Labor Arbitration,

Bureau of Lands, Bureau of

Customs, DAR

Compromise agreements




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NATURE OF CASE PROCEDURE

1. Annulment In an out of court understanding, the parties

through their counsels arrange for an

uncontested litigation such as the defendant

should not answer a complaint

2. Criminal Case Guilty please without any serious contest at

the plea negotiation stage

3. Proceedings before

administrative bodies such as

SEC, LTO, IPO, Immigration,

NLRC, Labor Arbitration,

Bureau of Lands, Bureau of

Customs, DAR

Compromise agreements




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In uncontested suits

Speedy, less costly trials

X May appear unethical bordering on collusion

which the law abhors

In contested suits

Success help build a good reputation for a trial

lawyer

Lawyers have more earning power

X Costly

X Emotionally stressful




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PRESENTER:

EFRAIM CORDERO




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FINANCING

ROLE OF LAWYERS IN

FINANCING

ETHICAL CONSIDERATIONS




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Sharing in joint venture agreements with the

client in return for cash or legal services;

Attorneys fees based on contingent bases or

sums;Collection of exhorbitant amounts from

clients which are not commensurate to the

work done;

Brokers or entrepreneurs in putting togetherand promoting real estate deals




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As long as early safeguards against gettingentangled with ethical standards are met, theattendant risks may well be averted.

As long as the retainers contract does notrequire for an assignment of the clientsproperty to take effect during the pendency ofthe litigation, there can be no violation of thelawyers oath nor anything unethical with thegargantuan (tremendous in volume) fees,provided that they are not champertous (share in

the litigious property)

There is nothing unethical about business dealswhich have no taint of shady or fraudaulentunderpinnings.




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Presenter:

Renante A. Egcas




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Segment of lawyers task patterned for

small law firms and sole practitioners:

Leasing

Eviction Contract for repairs

Rent collection

Arranging for maintenance services and

insurance Payment of taxes and other expenses

Acting as executors and trustees




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Common for American lawyers

Employed by Filipino clients with

enormous real estate holdings

Lawyers Skills to Master: Careful drafting of a lease document without incurring

liability under rental law

Use of appropriate language in the lease contract to suit

the terms and conditions more favorable to clients




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Should be pursued with no let-up (break-off or

discontinuance) Lawyers Skills to Master:

Writing demand letter accompanied by threats ofeviction

Filing of ejectment cases in proper court against

stubborn tenants




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Corollary to rent collection process is the remedy ofeviction when all avenues for settlement have

collapsed.

Lawyers Knowledge to Master: Prescription of possessory actions

Rules of Court (venue, jurisdiction, appeal, etc.)




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Whenever a client hires a lawyer to draft his

will, the same lawyer will be appointed as

executor of the said will.

The executor who drafts the will is the

logical person to act as trustee in the

management of the real and personalproperties of the decedent in his fiduciary

capacity.




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A lawyer who drafts and acts as executor of awill should possess vast knowledge of the law

on wills and succession.

Lawyers fees depends on how

knowledgeable and effective he is in the

employment of appropriate language in

making of will granting tremendous powers

and benefits to the executor.




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DORIS Y. FLORES




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The term specialization is usually used to

refer to what a worker does, to wit:

1. The task he performs;2. The good or services he produces;

3. The persons he works for or with; and

4. The place where he works;




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1. Civilist

2. Naturalization proceedings

3. Immigration Law

4. Patent Law5. Titling of Properties

6. Special proceedings




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1. Tax cases2. SEC Registration




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END

Practice Court Final

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