Legal Counseling Chapter 1

Study Notes

Counseling: the art of giving advice and information on a particular problem or hypothesis, including adopting a course of action for solution.
Legal Counseling: giving advice and information on solving a legal problem, including adopting appropriate reliefs or remedies under the law.
Court of Justice: a judicial body or tribunal with jurisdiction to hear and adjudicate litigious conflicts, award proper reliefs, and render judgments based on evidence.
Quasi-judicial Body: an administrative body or agency with jurisdiction to hear and adjudicate non-litigious cases, empowered to enforce its judgments and orders like a court of law.
Administrative Body or Agency: an instrumentality of the executive branch, vested with jurisdiction to settle and adjudicate controversies arising from laws, administrative rules, or regulations.
Arbitration: an extrajudicial process of settling controversies through the voluntary will of parties, arising from the violation of law, administrative rule, or regulation.
Conciliation: an extrajudicial process of settling disputes through voluntary submission of parties before the Barangay Lupon or other administrative body or agency, arriving at a compromise agreement.
Compromise Agreement: a mutual agreement or understanding, usually in writing, entered into and executed by parties, serving as the basis for a court judgment.

As human relations become more sophisticated, legal counseling becomes essential to avoid lengthy and stressful court proceedings.
A wise and prudent person confronted with a legal problem should consult a lawyer to act as a negotiator and arbitrator to achieve amicable settlement.
Consulting a lawyer can help exhaust all avenues for conciliation before resorting to court litigation.
In a government of laws, not of men, legal counseling plays a vital role in resolving legal problems.