Assignment in

Problem Areas in Legal Ethics

7:30-9:30 PM, Friday
1st Semester, AY 2014-15


Submitted by: Jaucian, Ma. Luniflor B. August 29, 2014

Issue:
Whether lawyer-client relationship exists when a lawyer gives advice on a TV or radio
program.
Comments:
A lawyer-client relationship is created when an audience or a caller asks for a legal advice
through a TV or radio program. It is important to highlight that the giving of advice on
legal matters through the medium of television or radio may create a lawyer-client
relationship which gives rise to a legal duty on the part of the lawyer vis-a-vis his putative
client (i.e., the person who sought the advice). In the case of Burbe vs. Atty. Magulta (AC
No. 99-634, June 10, 2002) the Court ruled that if a person, in respect to business affairs
or troubles of any kind, consults a lawyer with a view to obtaining professional advice or
assistance, and the attorney voluntarily permits or acquiesces with the consultation, then
the professional employment is established.
It is not how and in what form or presence of formal requisites constitutes lawyer-client
relationship. It is a settled rule that to establish the professional relation, it is sufficient that
the advice and assistance of an attorney are sought and received in any manner pertinent
to his profession (George c. Solatan vs. Attys. Oscar a. Inocentes A.C. No. 6504. August
9, 2005). Obviously if the query pertains to legal matters, the inevitable conclusion is that,
as the Supreme Court interprets it, lawyer-client relationship will exists no matter how
conscious or unconscious, and regardless of its medium.

The Supreme Court reiterated their pronouncement in Solatan in ruling the case of
Virginia Villaflores vs. Atty. Sinamar E. Limos( A.C. No. 7504. November 23, 2007), to wit:
The relation of lawyer and client begins from the time a lawyer is retained. To establish
the professional relation, it is sufficient that the advice and assistance of a lawyer is sought
and received in any manner pertinent to his profession.

mcapordolaw.weebly.com/PALE posted by Mark Christian Apordo group, February 8, 2011