CHAPTER III attorney-at-law to perform professional services

in the business of another in such manner that he

cannot engage himself to, or perform any service
PRACTICING ALONE: in the employment in the interest of, the opposing
party, or in any manner do anything in the
business prejudicial to the party employing him.
Advantages

a. Independence of action; “Employment of a firm of lawyers is equivalent to

the retainer of each of the partners, although only
b. Rushed to experience;
one of them is consulted; conversely, employment
c. Projecting own image. of one member is generally deemed to be the
employment of the firm.”

Disadvantages
General retainer:
a. Lack of experience;
1. Have for their object the securing beforehand
b. Lack of facilities;
of the services of a particular attorney for any
c. Lack of confidence. emergency that may afterward arise;

2. They have no reference to any particular

service, but taken in the whole range of possible
AS AN ASSOCIATE OR ASSISTANT future contention which may render attorneyship
necessary;

Advantages 3. Counsel thus retained is not at liberty to accept

employment or render service adversary to the
a. Receives proper advice and counsel; interest of the client retaining him.

b. In pleading preparations, he can just pick up

the pleadings of an old case and pattern his own
pleadings after said case, and thus, saving time
and effort;
c. Never runs out of cases and constantly exposed
to actual court practice.
Disadvantages
a. No independent judgment or freedom of action
because he must always consult the approval of
the partners;
Special retainer:
1. Has reference to a particular case, or to a
particular service;
2. Imposes obligations pro hac vice, equally
binding with those enjoined by a general
retainer;
3. Forbids the acceptance of an adversary
employment, or the performance of adversary
services.

b. His pleadings and appearances are all in the

name of the law firm;
c. His development to achieve an identity of his
own as a member of the profession is somewhat
retarded.
Retaining fee - the fee given to a counsel on
being consulted or engaged in order to insure his
future services.
“A lawyer’s compensation must be reasonable.”

Preferable: start as associate or assistant.

Circumstances to be considered in determining
the compensation of an attorney:
CHAPTER IV
1. Amount and character of the services rendered;

2. Labor, time, and trouble involved;

Retainer - the act of a client by which he engages
an attorney to manage for him a cause in which 3. Nature and importance of the litigation or
he is a party, or otherwise generally to advise him business in which the services were rendered;
as counsel, and as the securing of an 4. Responsibility imposed;
5. Amount of money or the value of the property
affected by the controversy in the employment;

6. Professional character and social standing of

the attorney;

7. Results secured.

CHAPTER 5

“Know all the facts involved in the case.”

Sources of facts:

1. Client

2. Documents, public as well as private

3. Witnesses

4. Physical objects

5. Various scientific fields

CHAPTER 6

Briefing the Case

1. Preliminary - study of applicable laws and

precedents.

2. The necessity -

3. The applicable law

4. Analysis of precedents (ratio decidendi)

5. Use of treatises (cases of first impressions)