Law for dummies

With her book “Before You Call Your Lawyer,” Anabelle Garcia Dario devoted wife of a lawyer, teaches us how to be cool headed as we confront the major obstacles of life. In her engaging laughable way, she unravels the elements of collecting debts, marriage annulment, and other family dramas. Anabelle, my inaanak (baptism godchild) is the fourth of the five children of the late publisher Syke and Ceci Garcia. Before getting married to Atty. Reynaldo Dario, Anabelle, an Asian Studies major of De La Salle University, worked with Sedgwick Insurance in London. Upon her return to Manila she began writing for the Weekend magazine of Daily Express, then she became assistant editor to Julie Yap Daza for Lifestyle Asia. Eventually, she became the editor of Asian Bride.

Anabelle Garcia Dario introduces her book stating first . . . “Before You Call Your Lawyer” let me tell you about mine. I went through Law School with him – no, I did not study the law but for close to five years, counting review, Bar exams and waiting for the results time, it certainly felt like I did.“

When you may need a lawyer

Needing a lawyer can vary from one occasion to another. It can be a harmless occasion, like seeing a notary public to notarize documents to wanting one when you receive a subpoena or summons ordering you to appear in court. The former is not a warrant of arrest but is to require your presence at court to provide information that may help solve a case. A summon presumes that you are indeed a part of a case.

Are you starting a business by yourself or intend to enter a partnership? A lawyer can help protect your investment, prepare corporate papers, and explain labor laws to protect you and your employees. You may also get involved in a car accident – caused by you, or has happened to you. The parties involved will have to concur with several people: the police, hospital medics, insurance agents and potential witnesses.

Child adoption may be a simpler matter than preparing a will, but it definitely requires a lawyer. A holographic will is a personally written will, but you have to ask someone to sign it as a witness. A standard will must be legally documented, provide fair and equal shares, and honored by the heirs. Beside the share one inherits, there are other things to be settled first like taxes, debts, unpaid credit card bills, car loans, doctor’s fees and hospital bills, etc. If you wish to question a will, as well as settle everything once and for all, that would have to be done with a lawyer.

The oppressed wife

What if your loved one dies without leaving a will? This is referred to as dying intestate. Remember the celebrated case of Ignacio “Iggy” Tuason Arroyo, who died unexpectedly and whose will was contested by his mistress, Grace Ibuna, and by his legal wife, represented by Atty. Lorna Capunan.

Have you been physically, emotionally, or financially abused by your husband? Many women wait after so many incidents before confiding the situation to anyone. Long ago, I had to help out one of our office personnel who had four children and was physically abused by her alcoholic husband, who would frequently come home late at night intoxicated. An orthopedic doctor confirmed her heavily damaged backbone, for he would violently lash at her in their bedroom right in front of their children. If you are a victim of physical abuse, have your photo taken, go to the police precinct or the barangay office, and file a blotter to record the incident. Your attending doctor can make and sign a report.

On loans

You may also need a lawyer to represent you in collecting a large amount of money you lent to someone, or you, yourself, maybe charged because of a loan you defaulted on. This may require several document--from bank statements, promissory notes, repeated demand letters, etc. as evidence to protect both your rights and the other person’s.

Be prepared with the most essential documents

A complete file of personal and financial documents must always be prepared and kept on-hand. Keep three photocopies of each. Birth, Marriage and Death certificates of family members must be NSO authenticated. Baptismal certificates and transcript of school records must be complete; so should copies of Government IDs such as Senior Citizen cards, PWD (Person with Disability) cards, driver’s license, voter’s card, SSS, Pag-ibig and Philhealth plus NBI clearance. Also included are photocopies of your car registration, insurance policies, credit cards, ATM and bank accounts.

Your file must also include the latest income tax return, which is renewed annually. Titles to properties should include description and digital surveys. All these documents are needed for employment, passport and visa applications, bank transaction, marriage and benefit claims. Keep them in the safety vault and keep a soft copy in your computer file.

Choosing a lawyer

Choose a practicing lawyer who is actually occupied with the business, not one with just a Law degree. You need a real lawyer to interpret the law, advice you on your rights, as well as the rights of other people. He should be able to draft or closely analyze a contract for you. He should be able to represent you in court when you have to sue someone, or if you are the one being sued.

It is important to know that lawyers have their specialties too, such as: Labor Laws, Human Rights, Family Relations, Corporate/Taxes/Properties. As a school, O.B. Montessori Center retains the services of The Firm of Sarmiento, Delson, Dakanay & Resurreccion. They provide us specific lawyers specializing in Education, Labor and Civil Laws, the Constitution, International Law and Criminal cases. We pay a monthly retainer fee exclusive of other fees required. In the past 50 years of managing all levels of our five Montessori schools, we have fortunately learned how to manage and improve the intricacies of parent-teacher-child relationship. Parents are usually very sensitive about the care of their children whether they are preschoolers or high school students. Most of the time, a one-to-one conference with them that involves the teacher and the principal usually settle these differences. A rule that is strictly observed is to report any accidents personally, by the teacher, within the hour. The child is immediately treated by the nurse, or is accompanied by her to the emergency room of the nearest hospital.

Lawyers do not charge a flat rate

Your lawyer will represent and negotiate for you so learn to negotiate the legal fees to be incurred. Anabelle gives a rundown of some of the most common fee terms: fee arrangement, acceptance fee, filing fee, incidentals/out-of-pocket or deposit, retainer fee, per pleading fee, per hour fee, per appearance fee, contingent or “success” fee and final billing. She states: ”Everything has to be made tailor-fit for you, so do not expect a flat rate for everything. Understand the fee BEFORE YOU CALL YOUR LAWYER.”

It took one of my faculty members three years to have his marriage annulled. First there was a consultation fee. Next, came the acceptance fee that amounted to P70,000. Several hearings took place with which he paid a total of P180,000. Per hearing and other incidental fees were charged ranging from transportation, photocopies of documents to meals, etc. Altogether he spent half a million pesos.

Read Anabelle Dario’s book  

You are entitled to have a copy of whatever agreement you sign up with your lawyer. It is especially important for you to check the engagement contract you signed with him. There may be something there that says the lawyer can withdraw from your case, or from representing you, due to a number of reasons; and something that says you can, in fact, change your lawyer should you feel that you are being poorly represented.

Anabelle Dario realizes that you may consider a friend or relative as your lawyer so read her book, which details the merits of hiring them as well as the demerits of doing so. To know more about these documents and where you can get them, you have to get Anabelle’s book, which should come out by December.

There really isn’t anything more empowering than knowing the who’s, what’s, where’s, why’s and how’s – which is what Anabelle hopes to achieve in writing Before You Call Your Lawyer.

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