Section 24(b) of Rule 130 of the Rules of Court

An attorney cannot, without the consent of his client, be examined as to any communication made by
the client to him, or his advice given thereon in the course of, or with a view to, professional
employment, nor can an attorney's secretary, stenographer, or clerk be examined, without the consent
of the client and his employer, concerning any fact the knowledge of which has been acquired in such
capacity.

Article 1491 of the New Civil Code

The following persons cannot acquire by purchase, even at a public or judicial auction, either in person
or through the mediation of another:

(1) The guardian, the property of the person or persons who may be under his guardianship;

(2) Agents, the property whose administration or sale may have been entrusted to them, unless the
consent of the principal has been given;

(3) Executors and administrators, the property of the estate under administration;

(4) Public officers and employees, the property of the State or of any subdivision thereof, or of any
government-owned or controlled corporation, or institution, the administration of which has been
entrusted to them; this provision shall apply to judges and government experts who, in any manner
whatsoever, take part in the sale;

(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other officers and
employees connected with the administration of justice, the property and rights in litigation or levied
upon an execution before the court within whose jurisdiction or territory they exercise their respective
functions; this prohibition includes the act of acquiring by assignment and shall apply to lawyers, with
respect to the property and rights which may be the object of any litigation in which they may take part
by virtue of their profession;

(6) Any others specially disqualified by law. (1459a)

Kinds of Appearances

• General Appearance – is when the party comes to court either as plaintiff or defendant and seeks
general reliefs from the court for satisfaction of his claims or counterclaims respectively.

• Special Appearance – is when the defendant appears on court solely for the purpose of objecting to
the jurisdiction of the court over his person. The aim is simply the dismissal of the case and if the
defendant seeks reliefs, the appearance, even if qualified by the word special, is equivalent to a general
appearance.
 Kinds of Payment

• Fixed fee – also called as absolute fee refers to the type of payment regardless of
the result of the case.
• Contingent fee – a type of payment which depends on the success of the services
to be performed.

Quantum Meriut – which means “as much as he deserves”. Under this principle, a person may recover a
reasonable value as the thing he delivered or the service he rendered. It also acts as a device to prevent
undue enrichment based on the equitable postulate that is unjust for a person to retain benefit without
paying for it.

Instances when the counsel cannot recover full amount of Attorney’s fees

a. When he withdraws before the case is finished

Two concepts of Attorney’s fees

a. Ordinary concept – an attorney’s fee is the reasonable compensation paid by the client to his
lawyer in exchange for the legal service, rendered by the latter.
b. Extraordinary concept – an attorney’s fee is deemed an indemnity for damages charges for court
to be paid by the losing party to the winning party.

Acceptance fees – is a predetermine amount charge by a law firm when they take on a new client or
case. This fee covers the initial costs of reviewing the case, formulating a legal strategy, and handling
preliminary legal work.

Retainer Agreement – it is an agreement between a client and a lawyer where the lawyer commits to be
available for consultations or advice on various legal matters as required. This service is particularly
beneficial for businesses that need regular advice but prefer not to incur the expenses of having an in-
house lawyer.

Types of Retainer Agreement

a. General Retainer or Retaining Fee – it is the fee paid to a lawyer to secure his
future services as general counsel for any legal problem that may arise in the
ordinary business of the client and referred to him for legal action.
b. Special Retainer – it is used as the basis of the determining a lawyer’s
professional fees in the absence of a contract, but recoverable by him from
his client.
Different Types of Fee Arrangements
a. Initial Consultation Fee – it is what you expect the attorney to bill you for your
initial consultation with him or her.
b. Fixed Retainer Fee – it is a predetermined fee paid in a lump of sum, in
advance of any legal work to be performed.
c. Time-based Charging – is a fee arrangement where the lawyer bills based on
the given hourly rate. The billing is based on his given hourly rate.
d. Contingent Fee – is charged by the lawyer for merely accepting the case. The
rationale behind this is that once a lawyer agrees to act in behalf of the
client, he generally loses the opportunity to handle cases for the opposing
party.
e. Contingent Fee – is an arrangement where the lawyer only gets paid if the
legal activity is successful.

Contingency Arrangement – is a payment to lawyer depends on the lawyer

Champertous Contract – under this contract, the attorney undertakes to bear all
expenses incident to the litigation.
Attorney’s lien – an attorney shall have a lien upon the funds, document, and
Papers of his client which have lawfully come to his possession and may retain
the same until unlawful fees and disbursements have been paid, and may apply
such fines to the satisfaction thereof.
Charging Lien – is a type of attorney’s lien under which the lawyer acquires an
interest in a judgment awarded to the client.
Retaining Lien - is a type of attorney’s lien that a lawyer’s holds over a client’s
document, property, or money that is in the lawyer’s possession due to the
client-attorney relationship.