A LAWYER SHALL NOT COMMIGLE CLINET’S FUDS (RULE 16.02) ҈ Rule 16.
02 - A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him. Should not commingle a client’s money with that of other clients and with his private funds, nor use the client money for his personal purposes without the client’s consent. The high fiduciary and confidential relation of attorney and client requires that the lawyer should promptly account for all the funds or held by him for the client’s benefits. The lawyer is not relieved of the obligation to make a proper accounting even if he has an attorney’s lien over the client’s money or funds in his possession. The lawyer in under strict obligation to label and identify his clients property and keep it separate and apart from his own.
C. RESTRICTIONS AGAINST BUYING CLIENT’S PROPERTY PURCHASE OF CLIENT’S PROPERTY IN LITIGATION ҈ ҈ ҈ The prohibition is entirely independent of any fraud that might arise. It stands on the moral obligation of an attorney to refrain from placing himself in a position which ordinarily excites conflict between self-interest and integrity.
APPLICATION OF THE RULE ҈ The rule forbidding the an attorney from purchasing his client’s property or interest in litigation involves four elements: a. there must be an attorney and client and relationship. b. the property or interest of the client must be in litigation. c. the attorney takes part as counsel in the case d. the attorney by himself or through another purchases such property or interest during the pendency of the litigation. The presence of the foregoing elements makes the acquisition by a lawyer of his client’s property in litigation violative of the law and renders his conduct ethically improper. The prohibition applies even if the purchase or lease of the property in litigation is in favor of a partnership, of which counsel is a partner for the rule otherwise is to circumvent the law. A lwyer who executed with his client A transfer of right over A pArcel of lAnd involved in A pending litigation As his Attorney’s fees violates the rules prohibiting the purchase of property in litigation by A lAwyer from his client. The purchase of rights constitutes mAlprActice.
A LAWYER SHALL DELIVER FUNDS TO CLIENT, SUJECT TO HIS LIEN (RULE 16.03)
A lawyer shall deliver the funds and property of his client when due or upon demand. However, he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided for in the Rules of Court
҈ LAWYERS RETAINING LIEN a lawyer have a lien over the client’s funds and may apply so much thereof to satisfy his lawful fees and disbursements but must give prompt notice to his client for the latter’s advertisement. ҈ CHARGING LIEN for the further protection of the lawyer, he shall also have a lien to the extent of his attorney’s fees and legal disbursements on all judgments and executions he has secured for his client as provided for in the rules. ҈ Under the rule 138, section 37 of the rules of court, the attorney cannot be compelled to surrender the documents in his possession without prior proof that his fees have been duly satisfied. But if it be entirely indispensable for the court to gain possession are held by him in the course of his employment as counsel. It can require surrender thereof by requiring the client or clamant to first file proper and adequate security for the lawyer’s compensation. ҈ The provision grants the lawyer a lien over the client’s funds in his possession as well as on all judgments and executions he has secured for his client, to satisfy his lawful fees and disbursements.
WHERE A RULE INAPPLICABLE ҈ the absence of any of the elements constitutes of the rule forbidding a lawyer from purchasing his clients property in litigation render the prohibition inapplicable . it has been held that the prohibition does not apply where the property purchsed by a lawyer was not involved in the suit where the attorney at the time of the purchse was not counsel in the case wher the purchser of the property in
litigtion was an officer of the court or when the sale took place after the termintion of the litigtiomn.05 .00)
A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED. PRESERVATION OF CLIENTS CONFIDENCE
DUTY TO PRESERVE CLIENTS CONFIDENCE. data processing. GENERALLY (CANON 21. (c) When necessary to collect his fees or to defend himself. Rule 21.A lawyer shall not. The attorney in an appropriate case may be disciplined for such misconduct. bookkeeping.A lawyer shall not reveal the confidences or secrets of his client except.A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client.
The rule applies to matters disclosed to him by prospective clients.07 a lawyer shall not reveal that he has been consulted about a particular case except to avoid possible conflict of interests. or any similar purpose. give information from his files to an outside agency seeking such information for auditing. Rule 21. The transaction being prohibited by law is null and void. acquired by the client to stisfy the judgment in his fvor as long as the property was not the subject of the litigation. without the written consent of his client. the prohibition does not apply to the sale by the client to his attorney of a prcel of land. nor shall he use the same to his own advantage or that of a third person. (a) When authorized by the client after acquainting him of the consequences of the disclosure. Rule 21. his employees or associates or by judicial action.
.A lawyer shall not. Secrets refer to the other information gained in the professional relationship that the client has regulated to be held inviolate or the disclosure of which would be embarrassing or would likely be detrimental to the client. The fact that a person hppens to be A lwyer does not deprive him of the privelge to engage in business activites As enjoyed by any such Act As mAy bring dishonor to the profession or violate any of its ethical rules concerning advertising or solicitation of business.
To attain such ends the rules implementing such canon require: Rule 21. use information acquired in the course of employment.
Purchase of choses in action ҈ It also improper for a lawyer in his professional capacity to buy judgment notes or other chooses in action for much less than their face value with intent to collect them at large profit for himself. (b) When required by law.01 . unless the client with full knowledge of the circumstances consents thereto. Confidence refer to information by the attorney client privilege . from disclosing or using confidences or secrets of the clients. It is the glory of the legal profession that its fidelity to its client can be depended on and that a man safely go to a lawyer and converse with him upon his right supposed rights in any litigation with absolute assurance that the lawyer’s tongue is tied. Rule 21.06 . Rule 21. Properly acquire chooses in action not his professional capacity but as a legitimate investments.A lawyer shall avoid indiscreet conversation about a client's affairs even with members of his family.
EFFECTS OF PROHIBITED PURCHSE ҈ THE PRURCHSE BY aN Attorney of his client’s property or interest in litigation is a breach of professional ethics. accounting. the prohibition applicable to a contract for attorney’s fee contingent upon the outcome of the litigation.03 . CHAPTER 9 LAWYER’S DUTY TO PRESERVE CLIENT’S CONFIDENCE A. to the disadvantage of his client. statistical.04 .A lawyer shall adopt such measures as may be required to prevent those whose services are utilized by him.02 .
Reason for the rule ҈Adequate legal requirement in the ascertainment and enforcement of rights or the protection or defense of litigations requires a full disclosure of the facts by the client to his attorney. data processing. An attorney cannot without the consent of his client be examined as to any communication made by the client to him nor can an attorney’s secretary. ҈
. the protection of the attorney and client privilege is perpetual.05) A lawyer shall adopt such measures as may be required to prevent those whose services are utilized by him. stenographer or clerk be examined without the consent of the client and his employer concerning any fact the knowledge of which has been acquired in such capacity.6) A lawyer shall avoid indiscreet conversation about a client's affairs even with members of his family. give information from his files to an outside agency seeking such information for auditing.. coverseely the employment of the lw firm. ҈In the discharge of hi professional duties to a client a lawyer may avail of the clerical aids of secretaries. physicians. Consequently it cannot be voided that some information about the case received from the client to the partners or associates A LAWYER SHALL ADOPT MEASURES AGAINST DISCLOSURE OF CLIENTS SECRETS. disclosure to firm partners or associates generally allowed because professional employment of a law firm is equivalent to retainer of members thereof. accounting. (RULE 21. ҈The prohibition against disclosure of confidential communications is moreover designed to preserve the confidential and trust relation which exist between attorney and client. The performance of such duty involves the application of rules of evidence and professional ethics of both of which seek to safeguard the client’s confidence. In a law firm or associates usually consult one another involving their cases and some work as a team. The duty to preserve the client’s secret arises from the moment the attorney client relationship is established. investigators. without the written consent of his client. research and thought and the records of his client contained in files r privileged matters. ҈As a general rule. statistical. A lawyer may disclose affairs of client to partners (rule 2. ҈The reason for the rule is that the work product of a lawyer. such as his effort. ҈
DURATION OF DUTY It outlasts his professional employment and continues even after the client’s death for professional confidence once reposed cannot be divested by the expiration of the professional relationship or by the death of the client.( rule 21. A lawyer shall not use client’s secrets without his consent ҈The lwyers duty to preserve the confidence nd secrets of his client requires tht he shll not the dvntge of his client use information acquired in the courts of employment nor he shall use the same to his own advantage or that of a third person unless the client with full knowledge of the circumstances consents thereto. ҈The purpose of the attorney client privilege is to encourage a client to make a full disclosure to his a attorney and to place unrestricted confidence. A client’s communication intended for a third party is not privilege. engineers or technicians. stenographers or clerks as well as the parties of accountants. or any similar purpose. A LAWYER SHALL AVOID INDISCREET CONVERSATION ABOUT CLIENT’S AFFAIRS (RULE 21. bookkeeping.04) The rule is tht the professionl employment of a lw firm is equivalent to the retainer of the members thereof even though the only one of them is consulted. ҈Note.
A lawyer shall not give information from his files. from disclosing or using confidences or secrets of the clients.03) A lawyer shall not. ҈The lawyer is obliged to exercise care and in selecting and training his employees so that the sanctity of all confidences and secrets of his clients may be preserved. The seal of the law once fixed upon communications between attorney and client remains forever unless removed by the client himself or after the death by his heir or legal representative.҈
It is the duty of an attorney to maintain inviolate the confidence and at every to peril himself to preserve the secret of his client.
who has been hired either by a client or an attorney for effective consultation or communication between attorney and client is covered by the privilege and is precluded from testifying as to any information acquired in the course of employment. ҈ If a lawyer was consulted about a particular case. 2. an engineer or a physician. For indiscreet conversation can result in prejudice to the client and will lessen the respect due the legal profession. The attorney client privilege extends to the attorney and his client as well as to the attorney’s secretary. an expert such as an account a scientist. The privilege is not confined to verbal or written communications made by the client to his attorney but extends as well to information communicated by the client to the attorney by other means. A LAWYER SHALL NOT REVEAL HIS HAVING BEEN CONSULTED (RULE 21.
RELATION OF ATTORNEY AND CLIENT ҈ If a person poses as a lawyer for some ulterior purpose and a client confides to him confidential communications in reliance upon the supposed relation of attorney and client.
Persons entitled to claim privilege ҈ Generally. 4. such as through a messenger. Where legal advice of any kind is sought From a professional legal adviser in his capacity as such. and an interpreter or any other form of transmission. The essence of the veil of secrecy which surrounds communication is intended by the client not for the information of a third person but for the purpose of seeking legal advise from his attorney as to his rights or obligations.7) A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible conflict of interest ҈ The rule on privileged communication applies to matter disclosed to a lawyer by a prospective client. The attorney and client privilege is intended primarily for the protection of the client ad incidentally in consideration for the oath and honor of the attorney. the mantle of the attorney client privilege protects such communications. sign or other means of communication. The relation of attorney and client by reason of which the client made the communication. SCOPE OF ATTORNEY AND CLIENT PRIVELEGE REQUISITES OF PRIVELEGE 1. and irrespective of whether or not he was thereafter hired as counsel should not reveal to others the subject matter of consultation. 7. 5.҈This rule is intended to better preserves the clients confidence and secrets. stenographer or clerk with reference to any fact acquired in such capacity. ҈ The reason is that the disclosure and the lawyer’s opinion thereon create an attorney client relationship. The client is entitled primarily assert the privilege and any other person to whom the privilege extends cannot compelled to disclose any confidential confidential communication without his consent. even though the lawyer does not eventually accept the employment. 3. A communication from a client to a lawyer for some purpose other than on account of the attorney client relation is not privilege. A confidential communication refers to information transmitted by voluntary act of disclosure between attorney and client is aware discloses the information to no third person other than one reasonably necessary for the transmission of the information or the accomplishment of the purpose for which was given. The communications relating to that purpose Made in confidence By the client Are at his instance permanently protected From his disclosure by himself or by the legal advisor Except the protection be waived. A communication maybe transmitted by any form of agency. 6. 8.
CONFIDENTIALITY ҈ ҈ The mere relation of attorney and client and does not raise a presumption of confidentiality.
Form or mode of communication ҈ ҈ ҈ The attorney-client privilege embraces not only oral or written statements but actions.
c. and j. A letter written by counsel which has not been made in the course of judicial proceedings is not privileged. The amount involved in the controversy and the benefits resulting to the client from the service.
If the identification of a client conveys information which ordinarily would be part of the usual privileged communication between attorney and client the privileged extends to such identification in the absence of such factors: a. The commencement of litigation on behalf of the client. g. e. The time spent and the extent of the services rendered or required. d. Client’s waiver of privilege ҈ The attorney client privilege against disclosure of the client’s protection only the client as a rule can waive the privilege. The prosecution of a lawyer for criminal offense ҈ Suing the lawyer to force him to disclose the identity of his client in any of these instances is improper and the suit upon motion may be dismissed on such ground. The contingency or certainty of compensation. a. b. i.Application of rule ҈ The knowledge or information acquired by a lawyer in his professional capacity from his client may either be privileged or not privileged within the meaning of the evidentiary rule against compelling the disclosure of privileged communications. The employment of an attorney with respect to future criminal fraudulent transaction. The customary charges for similar services and the schedule of fees of the ibp chapter to which he belongs. A privileged document may include a report of a physician an accountant and engineer or a technicians whose services have been secured by a client as part of his communication to his attorney or by the attorney to assists him render effective legal assistance to his client. d. The identification relating to an employment of a third person. whether occasional or established. The professional standing of the lawyer ҈ The additional exceptions refer to the commission of a contemplated crime or the perpetuation of a fraud the relation of attorney and client being for lawful and honest purposes only. A lawyer shall be guided by the following factors in determining his fees. The novelty and difficulty of the question involved The importance of the subject matter The skill demanded The probability of losing other employment as a result of acceptance of the proffered case. ҈ For the application of the attorney client privilege the communication was made by the client to the attorney in relation to either a crime was committed in the past or with respect to a crime intended to be committed in the future. The character of the employment. b. any communication between attorney and client which lack any one of the elements that make the attorney client privilege is not a privileged.
Matters not privileged ҈ ҈ Generally. exceptions to rule on privilege Exceptions to rule against disclosure of client’s secrets (rule 20. The attorney client privilege extends to non-disclosure of the name of the client where a strong possibility exists that revealing the clients name would implicate the client in the very activity for which he sought the clients advice or where the disclosure would open the client to civil liability.01)
Privileged matters ҈ A document privileged upon delivery to an attorney retains its privileged character in the hands of his client. ҈ The protection of the attorney client privilege has reference to communications which are legitimately and properly within the scope of a lawful employment and does not extend to those made in contemplation of a crime or perpetuation of a fraud. f. c.
The privilege does not as a rule attach to communications concerning the creation of the usual privileged communication in the absence of any factor justifying their disclosure. h.
and if so. a communication seeking advice as to the commission of a fraud or the establishment of a false claim is an exception to the privilege. in conferring with a prospective client. (rule 15. A lawyer shall preserve the secrets of a prospective client. FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS. conciliator or arbitrator in setting disputes. CHAPTER 10 LAWYER’S DUTIES OF FAIR DEALINGS AND AVOIDING CONFLICT OF INTERESTS a. fairness in dealings with client
҈ A lawyer should decline professional employment even though how attractive the fee offered nay be if its acceptance will involve a violation of any of the rules of the legal profession. ҈ He may not accept employment from an organization to render legal services to members thereof concerning questions submitted by the members the answers to which are printed for circulation. otherwise the rule prohibiting representation of conflict of interests will apply. ҈ It is the duty of a lawyer to disclose and explain to a prospective client all circumstances of his relations to the parties and any interest in or connection with the controversy which in his honest judgment might influence the client in the selection of counsel. To allow the lawyer to obtain full information from his client. A LAWYER MAY ACT AS MEDIATOR (RULE 15. However the lawyer should not act as counsel to any of them. A lawyer’s knowledge OF THE LAW and his reputation for fidelity may make it easy for the disputants to settle their differences amicably. ҈ The purpose of the attorney client relationship is two fold: a. ҈ The reason for the rule is to make the prospective client free to discuss whatever he wishes with the lawyer without fear that what he tell s the lawyer will not be divulged nor use against him and for the lawyer to be equally free to obtain information from the prospective client.
Duty to decline employment
. ҈ it is based on the hypothesis that abstinence from seeking legal advice in a good cause is an evil which is fatal to the administration. the principle rendering a communication of a client as to his announced intention to commit a crime unprivileged is equally applicable to a communication seeking the accomplishment of a fraud. The lawyer shall not act as counsel for any of them. ҈ The disclosure is more for the protection of the lawyer than that of the client. shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest. To encourage a client to make a full disclosure of the facts of the case to his counsel without fear or favor.REPRESENTING CONFLICTING INTERESTS
duty to be candid. ҈ Generally the relation of attorney and client is strictly personal and highly confidential and fiduciary. B.Communication as to privilege ҈ Communication relating to fraud already committed is privileged. A lawyer shall ascertain possible conflict of interests. ҈ He may not accept employment from another in a matter adversely affecting any interest of his former client with respect to which confidence has been imposed.02) The lawyer bound y the rule on privileged communication in respect of matters disclosed to him by a prospective client. A lawyer shall preserve the confidence and secrets of his client even after the attorney client relation is terminated. shall forthwith inform the prospective client. ҈ He may refuse to accept representation of an indigent client if he is not in a position to carry it out effectively or competently or he labors under a conflict of interest between him and the prospective client a present client and the prospective client. fair and loyal in all dealings with client.4) A lawyer may with the written consent of all concerned act as mediator. generally (canon 15) -A LAWYER SHALL OBSERVE CANDOR. (rule 15.010 A lawyer. b. ҈ A lawyer should not accept employment as an advocate in any matter in which he had intervened while in the government service.
Test to determine if there is a representation of conflicting interest: whether the acceptance of a new relation will prevent an attorney from the full discharge of his duty of undivided fidelity and loyalty to his client or invite suspicion of unfaithfulness or double dealing in the performance thereof. The reason for the rule is that the clients confidence once reposed cannot be divested by the expiration of the professional employment. The reason for the prohibition is found in the relation of attorney and client which is one of trust and confidence of the highest degree. (RULE 15. The second part of the rule pertains to those in which the adverse party against whom the attorney appears is his former client In a matter which is related directly or indirectly to the present controversy. GENERALLY there is inconsistency of interest within the meaning of the prohibition when. it is the attorney’s duty to contend for that which his duty to another client requires him to oppose or when the possibility of such situation develops. Test of inconsistencies of interest: Whether the acceptance of a new relation would prevent the full discharge of the lawyers duty of undivided fidelity and loyalty to the client or invite suspicion of unfaithfulness or double dealing in the performance of that duty. Lawyers re expected not only to keep inviolate the clients confidence but also to avoid the appearance of treachery and double dealing for only then can litigants be encouraged to entrust their secrets to their lawyers which is of paramount importance in the administration of justice.A LAWYER SHALL NOT REPRESENT CONFLICTING INTERESTS. The reason for the prohibition is found in the relation of attorney and client which is one of trust and confidence of the highest degree
.03) A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts. on behalf of one client. This rules covers not only cases in which confidential communications have been confided but also those in which no confidence has been bestowed or will be used. The rule against representing conflicting interest applies eve if the conflict pertains to the lawyers private activity or in the performance in a non-professional capacity and his presentation as a lawyer regarding the same subject matter. The test to determine whether there is a conflict of interest is probability not certainty of conflict. The first part of the rule refers to cases in which the opposing parties are present clients either in the same action or in a matter which is related directly or indirectly.