Value-based pricing for lawyers (1 of 10)
THIS ARTICLE assumes that the reader is a lawyer. Not only that, the lawyer is in private practice and has hanged his/her shingle so to speak or has finally came to the realization that hourly billing sucks! That last part is what got me reminded to write this article. You see, last year, I was …
The transformative power of law
Many are called, but only few are chosen, so says an old adage. For those called to the legal profession, they usually have storied backgrounds. They may have started on the wrong side of things; however, they are able to rise up through difficulties to overcome hurdles. Just what a true lawyer does.
PH legal profession and its aversion to mental health
Today, October 10, World Mental Health Day is celebrated. Like clockwork, I’m reminded on how little to nothing has improved with the IBP in terms of promoting mental wellness and well-being among Filipino lawyers. It seems the masochist perspective of the legal profession remains to be the norm. After all, the law school experience is …
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Earning my Data Protection Officer (DPO) certification
Last May 2021, I had the good fortune to undertake a week-long Data Protection Officer (DPO) certification program and thereafter successfully pass the examination to be properly certified as a DPO by TUVRheinland. Our mentor was no other than “Mr. Privacy”, Dr. Rolando R. Lansingan, CEH, CHFI, CySA (plus), NPC-DPO. He was the former Chief …
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Real cat lawyer did an AMA at Reddit, comments are purrfect and hilarious
“I’m not a cat.” This legal humor will go down in legal history as one of the funniest. With a new found fame, what to do with it? Well, do a Reddit Ask me Anything (AMA). Hilarity ensues, particularly due to witty remarks, with a few coming from fellow lawyers. See: Reddit AMA by the …
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Court’s digital transformation forced by Covid-19
The legal industry has been resilient to change, innovation, and technology. There is so much romanticism in doing many things the “old-fashioned way”. Many think that you are not a lawyer unless you use a pen and a legal pad, open a law book, or burn the midnight oil. This kind of fixed mindset make …
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Where is Management Prerogative in Covid-19 discussions on employment?
From lawmakers to the DOLE, discussions and issuances clearly show lack or little understanding on management prerogative. Management prerogative is the general rule. Labor laws and regulations are the exception. Even the Supreme Court acknowledges that management prerogative is an INHERENT RIGHT of the employers. No law is needed to grant that right. In fact, …
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Client’s right to foolish mistakes
There is a saying in law that goes like this: the law does not protect persons from making foolish mistakes. The maxim is often applied in cases involving contracts where a party enters into agreements with very disfavorable stipulations (the foolish mistakes) usually for short-term gains and later on cries foul wanting to get out …
My first labor law case
On this day May 1, when Labor Day is being celebrated, I’m reminded of my first memorable and notable labor law case. The case involved a garbage truck driver as my client. I was back then a senior law student at the University of the Philippines College of Law (U.P. Law). In our law school, …
PH Lawyering in the time Covid-19
Digital practice of law will be the new normal. Lawyers will have to catch up fast with the use of technology from Google Hangouts, Microsoft Teams, Skype, and to Zoom. This will separate those who will thrive and those who will sink. If any, lawyers are likely to adapt well with the technology in place …
Value conversation, why client and lawyer should talk value
The value conversation with clients can be difficult at times. To have a quality value conversation, there are many elements that are needed to be in play to have a meaningful discussion wherein the clients would be satisfied at the value that they will be getting from the legal services and the lawyer being equitably …
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Why I limit my retainer-clients
Not all prospects who ask from me a proposal for a legal retainer is given one. If I don’t see them as retainer-clients, I usually politely decline to save us both the time and energy. I’ve had sufficient and varying degrees of experience with retainer-clients from my law firm days to now my own private …
On why lawyers have to let go non-paying clients
Non-paying clients spell trouble for a lawyer’s private practice. Experienced lawyers know that non-paying clients have to be let go to better serve paying clients. It is but fair, just, and reasonable to the clients who have paid and thus are assured that the lawyer will devote sufficient time and attention to their concerns. Lawyers, …
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What lawyers sell
Lawyers have been around since the ancient times. In the Greek civilization, there were individuals who plead for and on behalf of “clients” who were usually accused of wrongdoing. The modern day concept of lawyers in the Western tradition started in the age of kings when those knowledgeable with the law (hence law-yers) were allowed …
No hourly billing for this lawyer and why
I have been to several meetings with different clients these past few weeks. There’s always the usual comment of lawyers billing by the hour and why is it that I wasn’t doing it. I’m usually tempted to explain the long (and flawed) history of hourly billing thanks to reportedly a Harvard Lawyer who promoted it …
Mental exhaustion: the price for lawyering
A lawyer is a walking search engine and whose brains are picked by clients in search of answers to their burning legal questions. Whenever a question is asked, a lawyer carefully evaluates the question and then process it against the wealth of legal knowledge, skills, and experience that he has accumulated thus far. There’s a …
The lawyer’s ideal client
Lawyers are not required to accept any client that comes knocking on their door. If you want to increase your chances of hiring your preferred lawyer, you may want to make yourself his ideal client. Here are some suggestions that might make you the ideal client: 1. Someone who already knows what they want. The …
The law is a sweetheart, not a jealous mistress
There is an old adage in the legal profession which says that: the law is a jealous mistress. The saying is a reflection of the life of younger lawyers and law students who dedicate much of their time and attention to the study of law. If you can imagine what a jealous mistress looks like, …
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Guide to legal retainers with lawyers
By its very definition, a legal retainer is a contract with a lawyer who is hired for compensation over an extended period of time, in exchange for access by the client who can continuously ask for legal advice without being repeateadly charged. The defining trait is having access to a lawyer who is familiar with …
No to free legal advice: why your lawyer-friends avoid you
There is more to asking free legal advice from your lawyer-friends. If you want to maintain your good relations with them, here are some of the things to keep in mind and these may explain why they are not responding to your questions: When you ask for a free legal advice, you are asking a …
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You’re not buying a contract
“Why are you asking for a contract?” It is something I ask clients. I want to know what is it that is motivating them to do so. I want to know the real reason behind it. The effectiveness of a contract depends on its very purpose, which could affect the wording and phrasing. You see, …
Judicial affidavits should be required after Pre-Trial
Judical affidavits are best submitted after the Pre-Trial. It is ineffective and inefficient to require submission of judicial affidavits before Pre-Trial. During Pre-Trial, parties may enter into stipulations to limit and guide the flow of trial via the Pre-Trial Order. Thus, a judicial affidavit would be limited to the contents of the Pre-Trial Order. It …
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Private sector lawyers and the difficulty of looking for them
“Do you know any lawyer who would be interested in this role?” That is the question I am regularly asked as I am already a fairly experienced lawyer with a good network of legal professionals, particularly those who are my junior. I have endorsed a few before in law firms. One of my recommend-ees is …
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When hiring a lawyer: pay attention to the price
The client and the professional will always have that moment of truth: how much for the services? I have had a fair share of clients who have experienced what it is like getting a “bargain” for legal fees. What they thought was a “smart move” or “good fortune” in negotiating the price to almost rock …
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Lawyer for a complainant in airline dispute – a case study
NOTHING REINFORCES TECHNICAL RULES MORE THAN A LAWYER FOR A COMPLAINANT The first breach of contract case I handled (a long time ago) involved an airline passenger and his wife who were unable to take their scheduled flight. We represented the airline. I came into the picture the night before a scheduled mediation hearing. I …
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Aunt sues for labor complaint against niece and her restaurant – a case study
FAMILY FOR EMPLOYEES CAN BE TRICKY I once had a business owner who told me that a first-degree aunt who had asked for work in their restaurant later on filed a labor case against the business. You could thus feel the frustration and the sadness that was being felt by the restaurant owner. She felt …
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Lawyers should prioritize their health
SLEEP DEPRIVATION IS OVERLY ROMANTICIZED. There are many young professionals, lawyers in particular (and medical doctors) who think lack of sleep is an indicator of hard work, perseverance, and dedication. It is not. https://www.youtube.com/watch?v=kxw9-pVDntM
The grieving mother – a case study
A CHILD’S LIFE HAS NO PRICE I recall handling a case involving a grieving mother whose 20-year old daughter died from a bus accident. The bus was cut clean with the side opposite the driver eaten so to speak by a truck that came from the other direction. That visualization alone would give you an …
Talk at: Southville International School affiliated with Foreign Universities (SISFU)
A GREAT TALK I had a great time conducting a talk to Business and Marketing students of Southville International School affiliated with Foreign Universities (SISFU). The school and its students were all amazing and great. My talk centered on developing Entrepreneurship Mentality. The invitation and the talk was made possible through UpSkill MNL Inc., of …
Seminar: PMAP DOLE Inspection
LEARNING TO COPE WITH DOLE The Philippine Management Association of the Philippines organized a very informative and learning-rich seminar. The seminar was entitled: How to prepare for a DOLE Inspection. The lecturer was Atty. Josephus B. Jimenez, who bears the following credentuals: FPM 2014 President of People Management Association of the Philippines; Former Undersecretary, Department …
Contractor asked to be sued to make Principal liable – a case study
CONTRACTORS COME IN DIFFERENT FORMS, THIS ONE IS IN THE ROTTEN GROUP. Author’s Note and Disclosure: The author is a Director of a DOLE-registered legitimate job contractor engaged in permissible job contracting compliant with the laws on contracting and subcontracting, as well as DOLE DO-174 and related regulations. Yesterday, I was fortunate to have had …
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The myth of the brilliant lawyer
A BRILLIANT LAWYER IS AN IDEA. The concept of the brilliant lawyer has caught the imagination of society. The description is casually used in the media, schools, educators, and just about anyone who has an opinion about lawyers. Since childhood, I have encountered the phrase used in various literature from novels, movies, to daily publications. …
Litigation: The difficulties in deposing a witness
WHY LITIGATORS TEND TO BE IN A FOUL MOOD
The judge is king in his courtroom
CLASHING WITH A JUDGE IS A NO-NO, AS A GENERAL RULE. I was in my third year in practice when I first pushed back against a judge. Due to an unfollowed rule which was not my fault, I was not being allowed to present my witness, who happened to be a vice-president of a big …
Negotiating settlements for labor complaints
DECISIONS ARE BASED ON EMOTIONS. Last week, I was pleased to have facilitated a settlement involving a labor dispute between a top executive and a business owner. I say facilitate because that is the true role of a negotiator, even if I represented the latter. It is really the parties who come to a settlement. …
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Sink to the level of your training
WHAT TO DO WHEN OUTCLASSED BY AN OPPOSING LITIGATION LAWYER It happens. You realize in the middle of a hearing that your opponent has more experience, advanced skills, and better grasp of the case, than you. Yes, you prepared. Even the adage in litigation applied to you: prepare, prepare, prepare. (It’s supposed to be repeated …
Meeting Estelito Mendoza
THE BIG GUN Nearing the end of my 3rd year in law school, I applied for an internship at the Office of the Solicitor General (OSG). Looking back, I do not know what my motivation was for signing up for an internship. It was not, after all, required of us. In fact, at UP Law, …
Cross-examining a Harvard lawyer and an NYU lawyer
CROSS-EXAMINED A HARVARD LAWYER AND AN NYU LAWYER I lost the fight with the two foreign lawyers, who were alumns of Harvard Law and NYU Law and who were well-trained with their caliber and pedigree clearly manifesting during their cross-examination with me asking the questions. They were great at parrying my cross-exam questions, with emphasis …
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Never be a lawyer to yourself
A LAWYER WHO HAS HIMSELF FOR A CLIENT IS A FOOL. So goes a saying. I personally witnessed the application of this quote in a hearing at a commercial court. It has been several years since the incident. I thus hope to be able to tell the story as faithfully as possible. I do not …
A legal retainer’s value
WHAT IS A RETAINER SO ASKS AN EXPERIENCED LAWYER If it were a potential client, I would have been excited to explain what a retainer is all about. I could throw in a little history lesson to show how retainers trace back to the time of emperors, pharaohs, and kings. Yet here I am dumbfounded …
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About Me
Hi, I’m Atty. Jericho (Jake) Del Puerto. I’m a law mentor and a business lawyer. I create law-related content online via lawmentoringcenter.com, laborlaw.ph, and barmentor.ph.
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Jericho Del Puerto 