CLINICAL LEGAL

EDUCATION PROGRAM
A. INTERVIEW OF CLIENT

1. Establish items of attorney-

client relationship

First step that ought to be arranged.

Until this relationship is clearly defined and
created, rights and obligations that arise
between them cannot be invoked or enforced.
 In any form.
The lawyer's remuneration and the extent
of contingent fee he is entitled to, must be
made in a written contract of employment.
It must contain the specific terms and
conditions.
In order to forestall any future
misinterpretation.
CLIENT'S RESPONSIBILITIES TOWARDS
THE LAWYER:

1. Lawyer is entitled to attorney's fees

To guarantee a satisfactory service.
Lawyer's lifeblood
Terms of payment should be clear and
unequivocal in order to avoid future
misunderstandings.
2. Client cannot dismiss a lawyer at will
this right is not absolute .
It should be with the approval of the Court,
obtained in a proper proceeding for that
purpose.
 LAWYER MAY WITHDRAW HIS
SERVICES UNDER ANY OF THE FF
CIRCUMSTANCES: (Ruke 22.01, Canons of
Professional Responsibility)

(a) When the client pursues an illegal or

immoral course of conduct in connection
with the matter he is handling;
(b) When the client insists that the lawyer
pursue conduct violative of these canons
and rules;
(c) When his inability to work with co-counsel
will not promote the best interest of the
client;
(d) When the mental or physical
condition of the lawyer renders it
difficult for him to carry out the
employment effectively;
(e) When the client deliberately fails to
pay the fees for the services or fails to
comply with the retainer agreement;
(f) When the lawyer is elected or
appointed to public office; and
(g) Other similar cases.
3. Lawyer's authority to control trial

Must be recognized by the client to be

limited to matters of procedure.
"The client should be honestly apprised,
that the lawyer's authority does not include
the act of releasing a security, extend the
time of payment, release a guarantor,
accept an uncertified check as payment of
the client's claim, compromise his client's
rights or confess judgment without special
authority therefor ( Anduiza vs. Quirona)
2. DETERMINE FACTS
(INTERVIEWING TECHNIQUES)

Must be all embracing and exhaustive.

Put the client at ease and in a relaxed
mood.
He must not fear you to tell the truth about
everything that happened, and he must
consider you as a friend who will stand by
him under all circumstances.
 Avoid interruptions so that the client can
relate spontaneously all that he knows
about the case.
But do not allow him to dictate on what
procedure or theory to follow or course of
action to take, because this is a matter of
procedure that falls within the ambit of the
lawyer's authority.
3. BE FRANK TO THE CLIENT
Some clients would deliberately hide the
truth from their lawyers.
You should be blunt and firm with your
clients, by telling him that you do not need
his money if he cannot trust you, hence,
he better look for another lawyer.
Give your client stern warnings; that you
will not accept a half truth or lie, or
anything else that the truth; that it is not for
him to teach you what to do with his case
in matters of procedure because such is
your job.
"I insist that cases must go on and off
according to what is basically right. No
other test is supposed to depart from this
guideline in interviewing clients, since it is
our first function even in the preparation of
pleadings to find out what the truth is
before putting it down in writing in addition
to simplicity."
Justice Antonio Barredo
4. AVOID FREQUENT INTERRUPTIONS
The moment the client or witness has
started talking avoid interruption, unless
absolutely necessary to complete a point.
For it will distract his trend of thought.
Will lead him to forget certain essential
points.
Ask after the client or witness finished his
narration.
5. CONDUCT YOUR INTERVIEW
IN A LANGUAGE THAT THE
WITNESS SPEAKS
Aside from being articulate in the english
language , a lawyer must learn how to
communicate with practically all kinds of
dialect that are essentially spoken in the
Philippines.
So that he can be able to explain in the
manner understandable to the witness he
is interviewing.
6. REDUCE TO WRITING
NARRATION OF WITNESS
Make a draft of the witness story, and in
type written form as much as possible.
Allow him to read his version as appears
on the paper and it must be in the dialect
known to the witness.
Ask him whether he has related everything
as written and if there are missing points.
7. INTERVIEW ALL
AVAILABLE WITNESS
It should not be confined to the client,
interview all available witness who could
be reached by subpoena by the Court.
Classify each according to the importance
and probative value of his testimony.
Who should be the star witness, expert
witness, alternate witness and
corroborative witness.
8. TRIAL BRIEF PREPARATION
For a more effective and systematic
presentation of evidence.
A good lawyer is usually equipped with a
trial brief before appearing in court.
To avoid cramming or disorganized
presentation of evidence, overlapping
presentation of evidence, or simply
mistake or failure to present a vital
evidence for lack of a guide or written
reminder in front of him.
 "A mediocre lawyer with a thorough
preparation and trial brief during trial, may
win a case over his brilliant adversary who
lacks preparation."
9. DETERMINE THE CLIENT'S
NEEDS AND PRIORITIES
The scope of the interview should cover
questions regarding the client's priorities
and needs that produce immediate results
as well as for his/her future protection and
benefits.
A lawyer must possess a considerable
knowledge of our procedural laws and be
able to define to his client the remedy on
the first interview that is most applicable
and apptopriate solution to her/his
problem.
10. AMICABLE IS STILL THE
BEST POLICY
A lawyer does not foreclose a possible
reconciliation between the parties.
Efforts should be exerted by the lawyer to
solve a client's problems thru amicable
settlement, in order to avoid a prolonged
and expensive litigaton.
11. DETERMINE THE ELEMENTS OF
POTENTIAL CLAIMS, DEFENSES,
REMEDIES AND COUNTER-
CLAIMS
Be keen about the availment of potential
claims, defenses. remedies and counter
claims.
12. ANALYSIS AND DEVELOPMENT
THEORY
Proceed to research on the pertinent legal
provisions of both substantial and procedural
laws applicable to the given facts.
Do not be contented with one reading, read and
read many times the legal provisions that
support your theory.
Analyze the facts in relation to the legal
provisions applicable, then check and counter
check whether your theory will prosper by
availing of the remedies and/or defenses under
the Rules of Court that will produce the result
intended for.
Suggested references:
1. SC Decisions
2. Philippine Reports
3. SCRA
4. Corpus Juris Secudum
5. Treaties and legal writings
6. law textbooks
7. Rules of Court
8. Civil Code of the Philippines
9. Revised Penal Code
10. Opinions of the Secretary of Justice
13. THEORY DEVELOPMENT
GUIDELINES
The theory that you could successfully prove in
court in the light of the versions and facts given
by the witnesses, as well as other evidence,
documentary or testimonial, in relation to law
applicable should be adopted.
The theory constructed lies at the very
foundation of the case. Not only must the
pleadings be drawn in accordance therewith, but
the introduction of evidence and the arguments
must strictly follow the theory and be governed
by it.
For once a theory has been formulated as set forth
in the pleading, you are no longer allowed to
change it and you are bound by it and all the
allegations in your pleading up to the termination
of the case. Pleadings may be amended once as
a matter of right before service of responsive
pleading, or if a pleading is one to which no
responsive pleading is permitted, and before the
action is placed in the trial calendar, and there
after by leave of court. But this leave of court
may be refused by the court if the theory or
defense is substantially altered. (Rule 10, Sec 2
and 3, Rules of Court)
 B. INTERVIEW

1. OCULAR INSPECTION
One of the modes of discovery provided under
the Rules of Court is found on Rule 27 allowing
the production of documents.
This mode of discovery is especially resorted to
in actions for recovery of possession and
ownership of real property, annulment of title,
ejectment proceedings.
Also in vehicular accidents, to determine the
point of impact, to find traces of tiremarks, etc.
2. DETERMINE THE EVIDENCE OR
THE LACK OF IT

Before drafting of any pleading or filing a

criminal complaint the lawyer should know
as a result of ocular inspection whether he
could build a case from his findings amd
be able to sustain them in court.
EXTRAJUDICIAL CONFESSION (ITS
PROBATIVE VALUE)

For an extra judicial confession to sustain a

judgment of conviction it must be corroborated
by evidence of corpus delicti. Where the charge
is anchored on an extra-judicial confession of
the accused, determine whether or not it could
pass the test of voluntariness.
PEOPLE vs. NICANDRO

When the Constitution requires a person under

investigation to be informed of his right to
remain silent and to counsel, it must be
presumed to contemplate the transmission of
meaningful information rather than just the
ceremonial and perfunctory recitation of an
abstract constitutional principle. As a rule,
therefor, it would not be sufficient for a police
officer just to repeat to the person under
investigation the provisions of Section 20, Article
IV of the Constitution. He is not only duty-bound
to tell the person the rights to which the latter is
entitled; he must also explain their effects in
practical terms.
In other words, the right of a person under
interrogation to be informed implies a
correlative obligation on the part of the
police investigator to explain, and
contemplates an effective communication
that results in understanding what is
conveyed. Short of this, there is a denial of
the right, as it cannot truly be said that the
person has been informed of his rights.
PEOPLE vs. DUHAN

Not only must there be sufficient showing that the

investigating officer has complied with the
obligation to inform the person under
investigation of his right to remain silent and to
counsel, but its also the duty of the prosecution
to affirmatively establish compliance by the
investigating officer with his said obligation.
Absent such affirmative showing, the admission
or confession made by a person, under
investigation cannot be admitted in evidence.
DOCTRINE OF EXTRAJUDICIAL
CONFESSION
The right of a person under custodial
interrogation to be informed of his right to remain
silent and to counsel, implies a correlative
obligation on the part of the police investigator to
explain and contemplate an effective
communication that results in understanding
what is conveyed. Short of this, there is denial of
the right, as it cannot be truly said that the
accused has been informed of his right.
 The waiver of right to counsel to be valid, must
be in writing and in the presence of counsel.
Extra-judicial confessions taken without the
assistance of counsel is inadmissible in
evidence.
The accused must be informed that he has a
right to the assistance of counsel and assured
that he will be provided one for free.
POLICE REPORT, MEDICAL REPORT,
AUTOPSY REPORT

They have high probative value and

weight.
For vehicular accidents, murder,
homicide, rape, etc.
Autopsy report may help in finding
whether the victim had died only recently
or after a lapse of considerable time.
INTERVIEW OF WITNESS

Requires the probing craft of a skillful

investigator.
To impress upon your client that your
relationship with him is one of fiduciary
character, one that is founded on confidence and
trust.
PLANS AND PHOTOGRAPHS

They also carry weight in prosecution of crimes.

(ex. Sketch plan for vehicular accidents)
In order that their admission may not be
objected to, photographs should be
authenticated.