In “shopping” for a lawyer in the Philippines, the first thing the usually comes to mind is how much a lawyer charges. Generally, the professional fees of a lawyer depend on the nature and complexity of the case, the financial capacity of the client, the extent of work required, among other factors. The usual legal fee arrangements in the Philippines are: initial consultation fee, fixed retainer, time-based charging, acceptance fee, and contingent fee arrangements.
The initial consultation fee is what you can expect the attorney to bill you for your initial consultation with him or her. While some lawyers offer free consultation, some charge initial consultation fees. There are other attorneys who bill on their usual or reduced hourly rate. There is no standard practice in the Philippines. Hence, the best thing to do before going for an initial consultation is to call before making the appointment.
The fixed retainer fee is a predetermined fee paid on a lump sum, in advance of any legal work to be performed. In corporations, for example, a general corporate retainer would include general corporate services such as drafting minutes and board resolutions, secretary’s certifications, ant the like. There are also specialized retainer fee arrangements depending on the requirements of the client. It can be expected of course, that in specialized retainer arrangements, the fixed retainer fees are much higher.
Time-based charging is a fee arrangement where the lawyer bills based on his given hourly rate. The client is billed based on the actual time spent by the lawyer. At the end of every billing cycle, which in most cases is on a monthly basis, the lawyer sums up the actual time he or she spent for your case, doing research, answering your calls, consultations, meetings, etc. The bill is computed by adding up the total time spent by the attorney multiplied by the latter’s given hourly rate. Before entering into such arrangements, you may want to ask the lawyer for an estimate of how much time it would take to complete the activity.
The acceptance fee is the fee charged by the lawyer for merely accepting the case. This is a common practice in the Philippines. The rationale behind this is, once the lawyer agrees to act on behalf of a client, he generally loses the opportunity to handle cases for the opposing party. Thus, a lawyer’s acceptance of a case would mean that he is forgoing prospective work for the other party. The acceptance fee is normally applied in litigation, and coupled with a per stage or per activity type of billing, where the lawyer divides his professional fees depending on the stage of the proceedings.
In contingent fee arrangements, the lawyer gets paid only if the legal activity is successful. In most cases, contingent fee arrangements are utilized by clients who cannot afford the services of a lawyer. In such case, the lawyer gets to collect a certain portion of the property or money involved, if he succeeds in the case or activity. Because of the risk of not getting paid at all, lawyers tend to collect between 30%-50% of whatever the client gets.
In most cases, out-of-pocket expenses such as filing fees, travel expenses, printing etc., are excluded from such arrangements. Since these expenses are incurred for the benefit of the client, they are the client’s responsibility. Of course, you can always ask for a cap on expenses.
For more information or legal advice in the Philippines, you may visit our website https://ndvlaw.com
Our lawyers are skilled litigators with proven mastery over every area of litigation, from conducting trial in Municipal and Regional Trial Courts, to appeals with the Court of Appeals and the Supreme Court. This area of expertise also includes litigation in administrative agencies such as the Housing and Land Urban Regulatory Board (HLURB), Intellectual Property Office (IPO), Land Transportation Franchising and Regulatory Board (LTFRB), Securities and Exchange Commission (SEC), Energy Regulatory Board (ERB), Department of Trade & Industry (DTI), among others.
In criminal cases, we assist clients during preliminary investigation before the Office of the City Prosecutor. When our client stands as the Complainant, we ensure that all the elements of the crime are duly proven to withstand probable cause and eventually lead to the filing of the pertinent information in courts. During trial and in collaboration with the prosecutor, we endeavor to provide the best legal service and secure a conviction. The lawyers and experts of NDV Law are greatly involved in shaping justice for crime victims by prosecuting criminal cases before the Office of the Prosecutor, trial courts and appellate courts.
As defense counsel, we help our clients by ensuring that the constitutional and legal rights of the accused are respected. Should a warrant of arrest be issued, we assist in securing the liberty of our clients by posting bail. The criminal defense lawyers and attorneys of NDV Law have defended people in the Office of the Prosecutor, trial courts and appellate courts throughout the Philippines. The Firm has represented defendants in various types of crimes and felonies, such as, but not limited to, physical injuries, theft, robbery, estafa, bouncing checks (BP 22), violence against women, assault, drug possession, domestic violence, possession of firearms, homicide, falsification, perjury, graft and many others. We believe in diligent investigation, intensive preparation and hard-hitting defense in ensuring that the client is afforded the best defense possible.
We have extensive experience in mediation, arbitration and other alternative modes of dispute resolution, especially in the fields of construction, local and international commercial arbitration. We maintain the highest standards of excellence by requiring our lawyers to regularly participate in continuing legal education programs. In the prosecution of civil, criminal and administrative cases, we do our best to ensure that our results always exceed what the client desires.
NDV Law has extensive experience in the field of Employment and Labor Law. We assist both employers and employees in labor and employment disputes. Much of the work in this practice area revolves around breaches in contracts of employment, failure to provide minimum terms and conditions of employment provided under the Labor Code, claims for backwages, overtime pay, retirement and other benefits, illegal dismissal and discrimination claims.
The lawyers of NDV Law are adept with the ins and outs of union organization, collective bargaining and representation disputes. Particular advice given to clients in this area of specialization involves:
1. Legal advice concerning employment policies, review of employment contracts and retirement programs, cases involving employee discipline, matters affecting labor standards in cases of change of ownership or structure of the corporate employer, pre-termination and termination disputes
2. Legal representation before the Labor Arbiters, the National Labor Relations Commission (NLRC), Court of Appeals and the Supreme Court in matters relating to labor and industrial relations
3. Drafting, review and negotiation of collective bargaining agreements, talks and negotiations with the company’s union or bargaining representative, inspection of the registration, status and qualifications of unions, collective bargaining representatives and employees’ associations
4. Audit and monitoring of certification elections, union reporting and monitoring activities with the government, unfair labor practices filed by or against the employee, employer or the union
5. Legal advice, including the utilization of preventive remedies in case of strikes, lockouts and other forms of concerted activities, to ensure that disruption of economic activities of the client are at the minimum.
NDV Law is a duly authorized resident representative accredited by the Philippine Intellectual Property Office (IPO). Through the combined experience and legal expertise of the lawyers, the firm boasts of an exceptional intellectual property law practice not only locally but also in the international sphere. The lawyers of the firm have handled the registration, prosecution, and maintenance of a countless number of marks for local and foreign individuals and multinational corporations. The firm also handles the registration, prosecution and maintenance of patents, industrial designs, and utility models.
Under this practice area, our firm offers the following legal services:
1. Filing of applications, prosecution, maintenance and registration of trademarks, patents, industrial designs and utility models with the Intellectual Property Office (IPO)
2. Copyright deposit and protection
3. Entering the national phase under the Patent Cooperation Treaty (PCT)
4. Maintenance of trademarks, patents, industrial designs and utility models in the registry of the IPO through periodic filing of declarations of actual use, maintenance affidavits and other documents which may be required by the IPO
5. Registration of food, cosmetics and drugs with Food and Drugs Administration (FDA)
6. Securing License to Operate (LTO) for pharmaceutical companies, suppliers, manufacturers, exporters, importers, distributors and retailers
7. Legal representation in Opposition and Cancellation actions with the IPO, patent, trademark and copyright infringement cases, unfair competition and other violations of the Intellectual Property Code which may be filed by or against the client with the regular courts and the Intellectual Property Office
8. Registration of Technology Transfer Agreements, product and service licensing
9. Enforcement of Intellectual Property rights, including availment of extraordinary remedies of Injunction, Mandamus among others
10. Legal advice and legal representation in civil, criminal, and administrative cases which may be filed in relation to a violation of the Intellectual Property Code
Our law firm renders legal advice to many new and rising artists, comedians, scriptwriters and entertainers. We assist them in contract drafting and negotiation, and ensure that their interests both as performing artists and independent contractors are protected. In conjunction with our team of tax lawyers and financial analysts, we guarantee that our clients are always at an advantage. Litigation advice is always available, and will be utilized to the full extent necessary, when the circumstances governing our clients necessitate the filing of remedial or corrective legal action in courts.
We offer a specialized range of legal services to meet the diverse needs of our clients from small businesses to large multinational corporations.
We proffer comprehensive legal advice to corporate clients on all aspects of their business, ranging from choosing the best vehicle to start a business, registration, initial public offerings, mergers and acquisitions, dealing with employment policies, unions and other labor concerns, rendering advice on reducing the impact of taxation, to choosing the best way to dissolve or terminate the client’s business. We advise clients on a broad and comprehensive range of corporate services such as:
• E-Commerce
• Local and International Taxation
• Customs duties and other government impositions on imports and exports
• Capital Restructuring and finance
• Negotiation, drafting and review of contracts and commercial agreements
• Registration and formation of business entities, general corporate services, maintenance and filing of regular reports with the Securities and Exchange Commission and other government bodies
• International Business and Tax Structuring
• Due Diligence and Legal Audit
• Registration of sole proprietorships with the Department of Trade & Industry (DTI)
• Incorporation and Registration of corporations, partnerships and non-stock corporations with the Securities & Exchange Commission (SEC)
• Registration with the Bureau of Internal Revenue (BIR)
• Business or Mayor’s Permit
• Tax Audit and Tax Compliance with governmental regulations
• Licensing, franchising, registration, prosecution and maintenance of corporate trademarks and trade names
• Corporate and commercial litigation, corporate intellectual property enforcement actions
• Legal advice and assistance on cross-border and international transactions, including tax and customs advice.
• Assistance on mergers and acquisitions and other forms of corporate reorganizations.
• Comprehensive labor and employment management assistance, from drafting and review of employment contracts, to negotiation of collective bargaining agreements with employee unions.
• Dissolution, receivership, bankruptcy and corporate rehabilitation
Our Firm specializes in all aspects of Family Law, including Local and Inter-country Adoption, Guardianship, Estate Planning, Wills, Probate and Succession. We also provide advice concerning donor’s tax, income and estate tax for clients and their family businesses.
Our team of legal experts has handled countless cases of annulment of marriage, declaration of nullity of marriage, legal separation, and support. In NDV Law, we understand the sensitive nature of family proceedings, whether it involves annulment of marriage, or the settlement of estate of a deceased person. Hence, our lawyers will make sure that family law proceedings are maintained at the highest levels of confidentiality.
We also handle cases concerning the Anti-Violence Against Women and their Children Law (VAWC). Whether we represent the woman or the man in such cases, we ensure that the legal rights of our client are upheld in the courts of law.
Our contacts in various countries around the world enable us to assist clients in Local and Inter-Country Adoption. With our commitment to delivering results which exceed the client’s expectations, our firm continues to expand the horizons of its Family Law Practice by broadening its tie-ups with lawyers and law firms around the world.
The firm specializes in the following areas of Family Law:
• Securing Annulments of Voidable Marriages, Declarations of Nullity of Void or other Voidable Marriages, Legal Separation and all incidents relating to marriages and marital affairs;
• Property Relations between spouses, Pre-Nuptial Arrangements or Donations Propter Nuptias, Marriage Settlements, Liquidation, Dissolution and Administration of Property Regimes, Separation of Property of the Spouses;
• Declaration of Paternity and Filiation, Legitimation of Children, and Securing Court Declarations on the Status of Children as Legitimate or Illegitimate, Change of Name or Surname;
• Support, between spouses and their children, and the legitimate and illegitimate children of the latter;
• Local and Inter-Country Adoption, Rescission and Revocation of Adoption, Guardianship, Custody of Minors and Habeas Corpus Proceedings to Secure the Custody of Minor Children;
• Declaration of Absence or Presumptive Death; and
• Settlement, Administration, Partition and Distribution of Estates, Probate of Wills, Testate and Intestate Succession, Estate Planning.
We have significant experience in the field of Immigration and Citizenship Law. Our lawyers provide experienced and skilled legal counsel to clients, especially in delicate matters involving arrest, detention, exclusion and deportation of clients from the Philippines. We assist prospective immigrants, students, and applicants for citizenship, in all matters affecting their application and status, from the completion of the application, submission of documentary requirements and filing, to compliance with administrative requirements, attendance in public hearings, filing of requisite pleadings and documents with the Bureau of Immigration, as well as compliance with governmental clearances for departure and re-entry in the Philippines.
We also aid in the procurement of working visas (9g Visa), Student Visa, Special Non-Resident Visa (47(a)(2) Visas, Special Resident Investor’s Visa (SIRV), Special Retiree’s Resident Visa (SRRV), Quota Visa and the like for foreigners. We are duly accredited by the Philippine Retirement Authority (PRA) and authorized to process SRRV for foreigners.
In addition, we assist foreign clients in securing their Alien Employment Permits (AEP) from the Department of Labor & Employment (DOLE).
From small business to large multinationals, we at NDV Law help individuals and corporate clients on damage suits against cruise lines, vessels and their owners. We also assist cruise line employees, seafarers’ unions, seafarers and ship crew who are injured by reason of accident or assault while on board ocean vessels, cruise ships, motorboats, water tankers and other water vessels.
We also handle negotiations, pre-litigation, and litigation work involving breach of charter parties, bills of lading claims, loss of cargo, general and particular average claims, arrest of vessels and cargo, insurance claims involving partial or total loss of the vessel, liability for repairs, salvage, towage, collision, and claims of employees and crew members against the vessel.
We help clients in securing Injunction and Temporary Restraining Orders and other extraordinary reliefs as may be required under the circumstances. Bulk of our practice involves the preparation of contracts of affreightment, bills of lading, charter parties, and contracts for the purchase, sale, charter, financing and construction of ocean-going vessels. We also assist clients in the registration and licensing, flagging, customs registration, and preparation of the appropriate documentation of their vessels
Our lawyers possess extensive experience in dealing with various local governments in the Philippines. They have handled numerous matters which involve negotiating with local governments, dealings with local pre-qualification bids and awards committees, negotiations and litigation involving local and community taxation, real property assessment and taxation. At NDV Law, we take pride in our ability to navigate through and prevail in regulatory and administrative hearings before local governments and local legislative bodies.
We assist hopeful politicians and incumbent local elective officials during campaign and elections, which includes among others, services during pre-election, counting of ballots, canvassing, representation in pre-proclamation controversies, election protests and quo warranto proceedings. In order to ensure that our clients are assured of clean, honest and fair elections, our lawyers conduct seminars for the candidate’s watchers and campaign staff to brief them on election law and policies. Our lawyers work round the clock during critical periods of the campaign and election day to give our clients the competitive legal edge to win.
We offer legal advice in all areas of local and international taxation. We have an excellent support staff of Certified Public Accountants and paralegals that will assist our lawyers in different spheres of taxation. Among the diverse activities of this practice are the following:
• Rendering legal advice and representing clients in all aspects of taxation, including income taxation, percentage tax, customs duties and taxation, value-added tax, estate and donor’s taxes, minimization and avoidance of the impact of international double taxation
• Planning and creation of entities or corporate structures designed to optimize the incidence and impact of taxation upon the client’s business
• Represent the client in all incidences requiring legal representation before the Bureau of Internal Revenue, Commissioner of Customs, Court of Tax Appeals, and the regular and appellate courts
• Render opinions and advice concerning the impact of taxation or the minimization thereof, with regard to particular transactions, contracts, dealings and arrangements with local and foreign entities.
• Protest of tax assessments and representation of the client in informal and formal conferences with the Bureau of Internal Revenue
• Depending upon the requirements of the client and the nature of the business or transaction, a typical team is composed of lawyers experienced in corporate finance, taxation, labor, certified public accountants and financial auditors. At NDV Law, our primary objective is to maximize after-tax income of our clients.
We offer legal advice and services concerning competition and antitrust laws, specifically Republic Act No. 10667, otherwise known as the Philippine Competition Act of 2015. Our firm prosecutes cases on unfair competition, abuse of dominant position, unilateral conduct, cartels, anti-competitive agreements, price fixing, illegal combinations, hoarding, profiteering, tying, bundling, coordination, bid rigging or manipulation, abuse of market power, predatory behavior, and other arrangements which have the effect of substantially preventing, restricting or lessening competition in the relevant market.
Furthermore, we handle mergers and acquisitions which fall under the merger review of the Philippine Competition Commission.
Our lawyers and staff possess extensive experience in providing clients services to ensure compliance with the regulatory framework of Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012, as well as the pertinent regulations issued by the National Privacy Commission. We offer the following services:
a. Conduct of a Privacy Impact Assessment and Audit, Adequacy Assessment and Audit, and/or
Compliance Assessment and Audit, as determined necessary by NDV Law for purposes of
regulatory compliance;
b. Advise on data privacy compliance during the course of the engagement;
c. General Review of the Client's online agreements, policies, and procedures, and revision and
amendment, where necessary for compliance;
d. Preparation and drafting of additional company policies as may be required for regulatory
compliance;
e. Preparation of a Data Privacy Manual, or study, review and revision of the clients’ existing
Data Privacy Manual, and
f. Collation, drafting, and preparation of documents for submission to the National Privacy
Commission during the registration phases, and assistance to the Client for purposes of
registration and regulatory compliance.
Senior Partner, Philippine Litigation, Corporate and Franchise Attorney
Managing Partner, Philippine Intellectual Property, Political, Competition, Business and Family Attorney
Junior Associate,Philippine Criminal & Civil Litigation Attorney
Junior Associate, Philippine Criminal and Corporate Trial Attorney
Nicolas & De Vega Law Offices is a full-service law firm in the Philippines. We have corporate, immigration, labor, tax, criminal, intellectual property, competition and litigation lawyers who can assist you. Our office is located at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You can e-mail us at info@ndvlaw.com or call us at the following numbers:
+632 84706126
+632 84706130
+632 84016392
+632 85466126
+632 86960397
We invite you to visit our website https://ndvlaw.com to learn more about our legal services in the Philippines.