Website: www.ninoyscounsel.blogspot.com Main Email Address: ninoys_counsel@yahoo.com
Service Firm Overview: William Ninoy’s Counsels is a Full Service Firm with excellent
track record of its members. The Counsels provide cost-effective quality professional and
legal services. We are equipped with the latest technology and other paraphernalia.
The Firm has also installed diverse legal software that is regularly upgraded to keep
pace with latest developments in legal province. The key to our success is riding on the
wheels of justice as our guide in all our assignments, transactions and undertakings.
We have adopted mediation and various dispute mechanisms to resolve speedily conflicts between parties. We ensure that
clients always have access to its Partners and more important, that in case of pressing urgency, a client has access
to a Counsel to cater to its need of that moment. It is also ensured that the client
is always kept informed of the developments on its work. Its forte is to swiftly offer solutions that are commercially viable
and legally enforceable on complex corporate- commercial transactions including large Infrastructure
Service Firm Overview: William Ninoy’s Counsels is a Full Service Firm with excellent
track record of its members. The Counsels provide cost-effective quality professional and
legal services. We are equipped with the latest technology and other paraphernalia.
The Firm has also installed diverse legal software that is regularly upgraded to keep
pace with latest developments in legal province. The key to our success is riding on the
wheels of justice as our guide in all our assignments, transactions and undertakings.
We have adopted mediation and various dispute mechanisms to resolve speedily conflicts between parties. We ensure that
clients always have access to its Partners and more important, that in case of pressing urgency, a client has access
to a Counsel to cater to its need of that moment. It is also ensured that the client
is always kept informed of the developments on its work. Its forte is to swiftly offer solutions that are commercially viable
and legally enforceable on complex corporate- commercial transactions including large Infrastructure
Projects and recognizes the importance of Procedures and therefore lays special emphasis on this aspect
to assist its clients to overcome procedural delays.
The Firm has centrally and most conveniently located offices in
the Philippines as well as in the ………………………………………………………………………………………..with associate
offices in all the major cities. The Members and Associates of
the Firm regularly attend local and international conferences to keep themselves abreast
of the latest in the rapidly changing scenario. To adopt with global technological services, we provide legal and
other stenographical transcription all over the world to
speedily but efficiently assist professional workload at
affordable costs. The Firm structures its fees to suit the
Clients' needs. This
may involve hourly rates, fixed fees, capped fees, fixed
retainer ship Agreements or a combination
of these approaches. Though at all time whatever the fee
option, the charges of the Firm
remain fully competitive. Our MOTTO: “We are never tired in
doing little things for others
since sometimes those little things are the big things which
are treasured and kept in their hearts.” Areas of
Practice Admiralty and Maritime,Appellate Practice,
Arbitration, Banking, Bankruptcy, Biotechnology, Business Law,Commercial Contract and Construction,Consumer
Law, Copyright, Corporate and Business, Dispute Resolution, E-Commerce, Employee
Benefits, Employment and Labor, Energy, Financial
Litigation, Foreign Investment, Government, Import/Export,Insurance,Intellectual Property,
Internet and Cyberspace, joint Ventures, Labor Law,Landlord Tenant, Licensing,
Litigation, Mergers and Acquisitions, Natural Resources,
Patents, Personal Property, Privatization, Property and Real Estate, Securities, Taxation, Technology,
Telecommunications, Tourism, Trademarks, Transportation, Trusts, Unfair Competition,Women's Rights, Workers
Compensation, Accounting Malpractice,Criminal Trial Advocacy,
Elder Law, Family Law Trial Advocacy, Juvenile Law, Legal Malpractice,
Medical Malpractice,Business Bankruptcy, Consumer Bankruptcy, Creditors' Rights, Civil Trial Advocacy.
I. INTRODUCTION (1) litigation on an hourly basis,
(2) non-litigation on an hourly basis and (3) non-litigation
on a fixed fee basis. The remaining two are designed for use in
more complex hourly matters and cover (4) litigation (5)
and non-litigation. II. OVERVIEW A. DISCLAIMER
Any representations or warranties of any kind, express or
implied, concerning the legal adequacy or enforceability of
any of the accompanying forms or any part of them are solely
for William Ninoy’s Counsels. Nothing in these
"Instructions and Comments" or in the forms shall be interpreted
or construed as such a representation or warranty.
These "Instructions and Comments" and the forms are intended
for use only by lawyers admitted to practice as Ninoy’s
counsels, who are expected to utilize their own independent
legal and business judgment when evaluating the forms and
these comments. B. INTENDED PURPOSE AND LIMITATIONS
The accompanying forms are samples only. They are not
mandatory forms. They enjoy no preferred status. They create
no minimum standards. They do not presume to address every
setting in which the attorney-client relationship arises,
nor do they contain every term a fee contract might include.
By enumerating certain charges and billing practices,
we do not suggest that you must or
should adopt them. We simply acknowledge that some lawyers
follow them. We have varied
the samples in content and style. The short forms are
written in formal, contractual language, while the long forms
are more colloquial. We have made no effort to tailor the
samples to any particular specialty nor to cover every
variation. Lawyers are encouraged to mold the samples
to fit their needs. The fee contract must state:
(1) The lawyer's hourly rate and other standard rates,
fees and charges; (2) The general nature of the legal services
to be provided to the client; and (3) The responsibilities
of lawyer and client under the contract. If a lawyer
fails to comply with the fee agreement, it becomes voidable
at the client's option, whereupon the lawyer is limited
to a "reasonable" fee. A written fee contract is not required
when services are rendered in an emergency; when a writing
is impractical; when the client is a corporation; when the
client, after full disclosure, makes a written waiver
of the benefits or when the fee agreement is implied in fact
by a prior course of dealing between the lawyer and the
client. Counsels shall provide their clients with written
billing statements. A client may demand such statements at
minimum intervals of 30 days. The lawyer must provide a
statement within 10 days after demand. All statements,
whether requested by the client or not, must state "the amount,
rate and basis for calculation or other method of determination
of the [lawyer's] fees". III. GUIDELINES FOR COMPLIANCE
Compliance is largely a matter of judgment for the
individual lawyer. Forms alone cannot tell a lawyer how to comply. Rather, compliance will result from lawyers' understanding
of the issues raised. A. STANDARD FOR DISCLOSURE
Because
it is undoubtedly consumer protection legislation, the fees
must be examined in the light most favorable to the
client. Disclosures should be accompanied by all
additional information necessary to make the disclosure
complete, accurate, and not misleading. If a client could
contend that omitted matter would have been material to the
decision to retain the lawyer, then the matter in question
would be disclose. B. CONTRACT IN WRITING To meet the
requirement of a contract in writing, the fee arrangement
should be signed by both the lawyer and the client.
A lawyer should be firm in requesting that the client
sign the agreement before work commences. C. DISCLOSURE OF
STANDARD "RATES, FEES AND CHARGES" In an hourly case, fixed
charges for specific functions should be disclosed to
avoid misleading the client. For example, most firms have a
minimum billing unit; many charge a minimum number of hours
for a court appearance; others routinely charge flat fees
for the use of standardized documents developed over the
years. Costs and expenses that are passed through
should be enumerated in enough detail to avoid misunderstanding. Charges passed through other than "at cost" should be
listed to avoid omitting a "standard rate, fee or charge."
D. NATURE OF SERVICES/DUTIES OF PARTIES When the statute
requires disclosure of the nature of the services to be rendered
and the respective duties of the lawyer and the client,
it simply enumerates two of the indispensable terms of a
contract. When the fee is on an hourly basis, these items
can be covered in simple, short generalities. In flat or
"premium" fee contracts, however, the scope of the
lawyer's responsibilities should be defined carefully.
E. BILLS: AMOUNT, RATE AND BASIS Bills, upon client’s request
must state the amount, rate and basis for calculation
(or
other method of determination) of the lawyer's fees.
A bill that simply states "for services rendered" is no
longer sufficient. In an hourly case, the bill would comply
with this requirement if it simply listed the lawyers who
performed services, the time each expended, their hourly rates
and the resulting fee for each lawyers' time.
In other types of cases, such as flat or premium fees,
the bill should refer to the "basis of calculation," which
should be set forth in the fee agreement. Nothing requires
lawyers' bills as to describe how the services be
rendered. H.ATTORNEY – CLIENT RELATIONSHIP At all times
privilege communication shall be enforced and full
confidentiality shall be exercised.
The Firm has centrally and most conveniently located offices in
the Philippines as well as in the ………………………………………………………………………………………..with associate
offices in all the major cities. The Members and Associates of
the Firm regularly attend local and international conferences to keep themselves abreast
of the latest in the rapidly changing scenario. To adopt with global technological services, we provide legal and
other stenographical transcription all over the world to
speedily but efficiently assist professional workload at
affordable costs. The Firm structures its fees to suit the
Clients' needs. This
may involve hourly rates, fixed fees, capped fees, fixed
retainer ship Agreements or a combination
of these approaches. Though at all time whatever the fee
option, the charges of the Firm
remain fully competitive. Our MOTTO: “We are never tired in
doing little things for others
since sometimes those little things are the big things which
are treasured and kept in their hearts.” Areas of
Practice Admiralty and Maritime,Appellate Practice,
Arbitration, Banking, Bankruptcy, Biotechnology, Business Law,Commercial Contract and Construction,Consumer
Law, Copyright, Corporate and Business, Dispute Resolution, E-Commerce, Employee
Benefits, Employment and Labor, Energy, Financial
Litigation, Foreign Investment, Government, Import/Export,Insurance,Intellectual Property,
Internet and Cyberspace, joint Ventures, Labor Law,Landlord Tenant, Licensing,
Litigation, Mergers and Acquisitions, Natural Resources,
Patents, Personal Property, Privatization, Property and Real Estate, Securities, Taxation, Technology,
Telecommunications, Tourism, Trademarks, Transportation, Trusts, Unfair Competition,Women's Rights, Workers
Compensation, Accounting Malpractice,Criminal Trial Advocacy,
Elder Law, Family Law Trial Advocacy, Juvenile Law, Legal Malpractice,
Medical Malpractice,Business Bankruptcy, Consumer Bankruptcy, Creditors' Rights, Civil Trial Advocacy.
I. INTRODUCTION (1) litigation on an hourly basis,
(2) non-litigation on an hourly basis and (3) non-litigation
on a fixed fee basis. The remaining two are designed for use in
more complex hourly matters and cover (4) litigation (5)
and non-litigation. II. OVERVIEW A. DISCLAIMER
Any representations or warranties of any kind, express or
implied, concerning the legal adequacy or enforceability of
any of the accompanying forms or any part of them are solely
for William Ninoy’s Counsels. Nothing in these
"Instructions and Comments" or in the forms shall be interpreted
or construed as such a representation or warranty.
These "Instructions and Comments" and the forms are intended
for use only by lawyers admitted to practice as Ninoy’s
counsels, who are expected to utilize their own independent
legal and business judgment when evaluating the forms and
these comments. B. INTENDED PURPOSE AND LIMITATIONS
The accompanying forms are samples only. They are not
mandatory forms. They enjoy no preferred status. They create
no minimum standards. They do not presume to address every
setting in which the attorney-client relationship arises,
nor do they contain every term a fee contract might include.
By enumerating certain charges and billing practices,
we do not suggest that you must or
should adopt them. We simply acknowledge that some lawyers
follow them. We have varied
the samples in content and style. The short forms are
written in formal, contractual language, while the long forms
are more colloquial. We have made no effort to tailor the
samples to any particular specialty nor to cover every
variation. Lawyers are encouraged to mold the samples
to fit their needs. The fee contract must state:
(1) The lawyer's hourly rate and other standard rates,
fees and charges; (2) The general nature of the legal services
to be provided to the client; and (3) The responsibilities
of lawyer and client under the contract. If a lawyer
fails to comply with the fee agreement, it becomes voidable
at the client's option, whereupon the lawyer is limited
to a "reasonable" fee. A written fee contract is not required
when services are rendered in an emergency; when a writing
is impractical; when the client is a corporation; when the
client, after full disclosure, makes a written waiver
of the benefits or when the fee agreement is implied in fact
by a prior course of dealing between the lawyer and the
client. Counsels shall provide their clients with written
billing statements. A client may demand such statements at
minimum intervals of 30 days. The lawyer must provide a
statement within 10 days after demand. All statements,
whether requested by the client or not, must state "the amount,
rate and basis for calculation or other method of determination
of the [lawyer's] fees". III. GUIDELINES FOR COMPLIANCE
Compliance is largely a matter of judgment for the
individual lawyer. Forms alone cannot tell a lawyer how to comply. Rather, compliance will result from lawyers' understanding
of the issues raised. A. STANDARD FOR DISCLOSURE
Because
it is undoubtedly consumer protection legislation, the fees
must be examined in the light most favorable to the
client. Disclosures should be accompanied by all
additional information necessary to make the disclosure
complete, accurate, and not misleading. If a client could
contend that omitted matter would have been material to the
decision to retain the lawyer, then the matter in question
would be disclose. B. CONTRACT IN WRITING To meet the
requirement of a contract in writing, the fee arrangement
should be signed by both the lawyer and the client.
A lawyer should be firm in requesting that the client
sign the agreement before work commences. C. DISCLOSURE OF
STANDARD "RATES, FEES AND CHARGES" In an hourly case, fixed
charges for specific functions should be disclosed to
avoid misleading the client. For example, most firms have a
minimum billing unit; many charge a minimum number of hours
for a court appearance; others routinely charge flat fees
for the use of standardized documents developed over the
years. Costs and expenses that are passed through
should be enumerated in enough detail to avoid misunderstanding. Charges passed through other than "at cost" should be
listed to avoid omitting a "standard rate, fee or charge."
D. NATURE OF SERVICES/DUTIES OF PARTIES When the statute
requires disclosure of the nature of the services to be rendered
and the respective duties of the lawyer and the client,
it simply enumerates two of the indispensable terms of a
contract. When the fee is on an hourly basis, these items
can be covered in simple, short generalities. In flat or
"premium" fee contracts, however, the scope of the
lawyer's responsibilities should be defined carefully.
E. BILLS: AMOUNT, RATE AND BASIS Bills, upon client’s request
must state the amount, rate and basis for calculation
(or
other method of determination) of the lawyer's fees.
A bill that simply states "for services rendered" is no
longer sufficient. In an hourly case, the bill would comply
with this requirement if it simply listed the lawyers who
performed services, the time each expended, their hourly rates
and the resulting fee for each lawyers' time.
In other types of cases, such as flat or premium fees,
the bill should refer to the "basis of calculation," which
should be set forth in the fee agreement. Nothing requires
lawyers' bills as to describe how the services be
rendered. H.ATTORNEY – CLIENT RELATIONSHIP At all times
privilege communication shall be enforced and full
confidentiality shall be exercised.
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