1.

Counseling
- It is the art of giving advice and information on a particular problem or hypothesis
including the adoption of a course of action to be taken for the solution thereof.
2. Legal Counseling
- It is the art of giving advice and information concerning the solution of a legal problem
arising from a given state of facts and the adoption of appropriate reliefs or remedies
under the law for the satisfaction and enforcement of a legal obligation before a judicial
or quasi-judicial body.

3. A. The scope of a lawyer’s advice will depend on his honest and sound judgment subject to
the client’s final word. A lawyer has control only with respect to the procedural aspect of
the case. The final decision on whether to litigate or not, or to enter into a compromise or
not, or whether or not to take an appeal, should come from the client.

B. The lawyer has authority to choose the proceedings he will institute and witnesses he will
present in court. He can also make admissions of fact but not of law, as recognized by the
canons of professional responsibility. The lawyer has implied authority to enter or take
dismissal, discontinuance or non-suit, which does not bar bringing of another suit on the
same cause of action.

C. Yes, I would accept the cases of the husband and his mistress. A lawyer is bound to
protect the rights of his client the best he can. Whether or not a client is guilty, a lawyer still
has a duty to see to it that he is given the full benefits of the law and all the legal defenses
he is entitled to. Every person has a constitutional right to be represented by a competent
counsel. Otherwise, there would be a denial of due process. Lawyers, being agents of the
law, should see to it that no right granted by law would be violated against their client.

4. A. No, I would not file an answer the complaint for sum of money. I would instead request
the case to be submitted to arbitration since Ms. Utangera is really willing to pay and she
only needs more time to generate the money to pay her creditor. Entering into a
compromise agreement imposes a lesser burden on Ms. Utangera instead of going into
litigation for the collection of sum of money. A lawyer has to do what is best for his or her
client.
B. No, I would not be impliedly authorized to negotiate with the creditor for the payment of
the obligation outside court. A lawyer only has control with respect to the procedural aspect
of a case but the final decision on whether to enter into a compromise or not should come
from the client. I could only advise my client to enter into a compromise instead of going to
litigation and such compromise can only be decided by the client.
C. No, the creditor cannot use the negotiation process to prove that my client has an
obligation to pay him. Under the law, unless confidentiality is waived, information obtained
through a mediation proceeding shall be privileged and confidential. As such, it shall be
inadmissible in any adversarial proceeding, whether judicial or quasi-judicial.
 5. A. Yes I would accept the case of Maja. I really believe that a case is a worthy cause and a
lawyer is bound to protect the rights of his client as best as he can. As agents of the law, we need to
protect the rights and interests of our clients

B. No, there would be no conflict of interest. There is conflict of interest when a lawyer
represents inconsistent interests of two or more opposing parties. The test is “whether or not in behalf
of one client, it is the lawyer’s duty to fight for an issue or claim, but it is his duty to oppose it for the
other client. In brief, if he argues for one client, this argument will be opposed by him when he argues
for the other client.” In this case, I represented them in a case for recovery of property against a third
person but insofar as the annulment case is concerned, I would only represent Maja and not Sander.

C. No, I would not accept the case. If I accept to be the counsel of Sander, there would be a
conflict of interest since I already accepted the case of Maja and both of them are the opposing parties
in the annulment case. I cannot represent Sander anymore as it would be a violation of the Code of
Professional Responsibility.

6. A. No, my absence in the court hearings of the case of Alakdan is not excusable. The mere fact that a
client has stopped paying appearance fees does not absolve the lawyer of his duty to his client to see to
it that he is given the full benefits of the law and all the legal defenses that he is entitled to whether he
is guilty or not.

B. Yes, I can validly withdraw as counsel on record for Alakdan. Under the Code of Professional
Responsibility, Canon 22, one of the cases in which a lawyer may validly withdraw his services is when a
client deliberately fails to pay the fees for the services rendered by the lawyer. In this case, if it can be
established that Alakdan has stopped paying the appearance fees deliberately and not for a justifiable
reason, I can validly withdraw as counsel for Alakdan.

7. If I were to start my law practice I would join an established law firm. An established law firm offers
better opportunities since there are already numerous clients engaging the services of such established
law firm. Since there are numerous clients, I can practice and learn from the veteran lawyers in the firm.
Actual court practice cannot be learned in law school as in can only learned by actually appearing in
court in behalf of your clients. I cannot practice if there are no clients hence the best option would be to
join an established law firm first.