You are on page 1of 2

Nature and creation of Attorney-client Relationship

A. Nature of Relation

Attorney Client Relationship
Attorney is more than a mere agent or servant because he possesses special power of
trust and confidence reposed on him by his client.

He is also independent as a judge, with powers entirely different from and superior to
those of an ordinary agent.

Moreover he is an officer of the court.

The relation is strictly personal and highly confidential and fiduciary

a. Strictly personal
Involves mutual trust and confidence of the highest degree
The personal character of relation prohibits its delegation in favor of another
attorney without the clients consent.
-terminate upon death either client or lawyer
-delegation always at the clients consent.
-client may terminate at any time with or without just cause
b. Relation of fiduciary and confidential
It is highly fiduciary in nature and of a very delicate, exacting and
confidential character. It demands of an attorney an undivided allegiance, a
conspicuous and high degree of good faith, disinterestedness, candor, fairness,
loyalty, fidelity and absolute integrity in all his dealings and transactions with his
clients and an utter renunciation of every personal advantage conflicting in any
way, directly or indirectly, with the interest of his client.
Rules protective of relation
INTERST OF THE PUBLIC
ENCOURAGE CLIENT TO ENTRUST HIS LEGAL PROBLEMS
PARAMOUNT IMPORTANCE TO THE ADMINISTRATION OF JUSTICE



Rules PROTECTING Attorney-Client Relationships:

1. Best efforts must be exerted by the lawyer to protect his clients interests.
2. The lawyer must promptly account for any refund or property entrusted by or received
for his client.
3. The lawyer cannot purchase his clients property or interests in litigation.
4. The privacy of communications shall, at all times, be upheld.
5. The lawyer cannot represent a party whose interest is adverse to that of his client
even after the termination of their relation.