OUTLINE

SLIDE 2

Duty to Preserve the Client’s Confidence Secret Forever

 The lawyer-client confidentiality rule is perpetual.

Perpetual- never ending or changing.

Even after the lawyer-client relation is terminated, the lawyer is duty bound to keep his confidence and
secrets.

 The lawyer is a special confidant.

A lawyer is sworn to this particular duty by his lawyer’s oath.

 He is a keeper of secrets

SLIDE 3

Rationale of Lawyer-Client Confidentiality

 The purposes and necessities of the relation between a client and his attorney require, in many
cases, on the part of the client the fullest and freest disclosures to the attorney of the client’s
objects, motives and acts.
 This disclosure is made in the strictest confidence, relying upon the attorney’s honor and fidelity.
To permit the attorney to reveal to others what is so disclosed, would be not only a gross
violation of a sacred trust upon his part, but it would utterly destroy and prevent the usefulness
and benefits to be derived from professional assistance.
 Based upon considerations of public policy, therefore the law wisely declares that all confidential
communications and disclosures, made by a client to his legal adviser for the purpose of
obtaining his professional aid or advice, shall be strictly privilege—that the attorney shall not be
permitted without the consent of his client--- and much less will he be compelled—to reveal or
disclose communications made to him under such circumstances.

SLIDE 4

CANON 37 CONFIDENCE OF A CLIENT

It is the duty of a lawyer to preserve his client's confidences. This duty outlasts the lawyer's employment
and extends as well to his employees; and neither of them should accept employment, which involves or
may involve the disclosure or use of these confidences, either for the private advantages of the client,
without his knowledge and consent, and even though there are other available sources of such
information. A lawyer should not continue employment when he discovers that this obligation prevents
the performance of his full duty to his former or to his new client.

If a lawyer is accused by his client, he is not precluded from disclosing the truth in respect to the
accusation. The announced intention of a client to commit a crime is not included within the confidence
which he is bound to respect. He may properly make such disclosure as may be necessary to prevent the
act or protect those against whom it is threatened.
Law is a learned profession, not a mere money-getting trade. Lawyers must preserve his client’s
confidences. He should not accept employment which involves or may involves the disclosure or use of
these confidences without the consent of his client.

SLIDE 5

Rule 21.01 A lawyer shall not reveal the confidences or secrets of his client except:

a.) when authorized by the client after acquainting him of the consequences of the disclosure;

b.) when required by law;

c.) when necessary to collect his fees or to defend himself, his employees or associates or by Judicial
action.

A lawyer has a duty not to reveal the client’s secrets except when allowed by the rule

The Rule allows only three exceptions:

a.) by consent of the client

b.) when required by law

c.) when judicially necessary

SLIDE 6

The rule on Lawyer-client confidentiality commences when the lawyer-client relationship is established.
When the lawyer-client relationship is established was pronounced in the case of Burbe v. Magulta

**CASE OF BURBE V. MAGULTA**

HELD: A lawyer-client relationship was established from the very first moment complainant asked
respondent for legal advice regarding the former’s business. To constitute professional employment, it is
not essential that the client employed attorney professionally o any previous occasion.

It is not necessary that any retainer be paid, promised or charged. Neither is it material that the attorney
voluntarily permits or acquiesces with the consultation then the professional employment is established.

Likewise, a lawyer-client relationship exists notwithstanding the close personal relationship between the
lawyer and the complainant or the non-payment of the former’s fees.

SLIDE 7

NATURE OF LAWYER-CLIENT RELATIONSHIP

  In modern day perception of the lawyer-client relationship, An attorney is more than a mere
agent or servant, because he possesses special powers of trust and confidence reposed on him
by his client.
 A lawyer is also as independent as the judge of the court, thus his powers are entirely different
and superior to those of an ordinary agent.
 An attorney also occupies what may be considered as a “quasi-judicial office” since he is in fact
an officer of the Court and exercises his judgment in the choice of course of action to be taken
favorable to his client.

SLIDE 8

**CASE OF REGALA ET AL V. SANDUGANBAYAN**

Complaint on July 31, 1987 before the Sandiganbayan by the Republic of the Philippines, through the
Presidential Commission on Good Government against Eduardo M. Cojuangco, Jr., as one of the
principal... defendants, for the recovery of alleged ill-gotten wealth, which includes shares of stocks in
the named corporations

Among the defendants named in the case are herein petitioners Teodoro Regala, Edgardo J. Angara,
Avelino V. Cruz, Jose C. Concepcion, Rogelio A. Vinluan, Victor P. Lazatin, Eduardo U. Escueta and Paraja
G. Hayudini, and herein private respondent Raul S. Roco, who all were then... partners of the law firm
Angara, Abello, Concepcion, Regala and Cruz Law Offices (hereinafter referred to as the ACCRA Law
Firm).

In the course of their dealings with their clients, the... members of the law firm acquire information
relative to the assets of clients as well as their personal and business circumstances

SLIDE 9

WRITTEN CONTRACT IS NOT AN ESSENTIAL ELEMENT

 Written contracts is not an essential element in the employment of an attorney; the contract
may be express or implied.
 To establish the relation, it is sufficient that the Advice and assistance of an attorney is sought
and received in any manner pertinent to his profession.
 The absence of Written contact will not preclude the finding that there was a professional
relationship. Documentary formalism is not an essential element in the employment of an
attorney.

SLIDE 10
TERMINATION OF THE LAWYER-CLIENT RELATIONSHIP

a.) Termination by the client.

The right of the client to terminate the relation is absolute, with or without case. A lawyer’s refusal to
withdraw from the intestate proceedings even after his service was terminated is improper.

b.) Termination by completion of the objective of the relationship.

The attorney-client relation is ended by the completion of the specific task for which the attorney was
employed.

c.) Withdrawal of the lawyer.

It is the duty of a lawyer to withdraw legal services only for good cause and upon notice. It will be
further discuss in canon 22.

d.) Death of the client or death of the lawyer.

In American jurisprudence, where acts stipulated in a contract require the exercise of special knowledge,
genius, skill, taste, ability, or experience, judgment discretion, integrity, or other personal qualification of
one or both parties, the agreement is of a personal nature, and terminates on the death of the party
who is required to render such service.

Slide 11

PERSONAL RELATIONSHIPS IRRELEVANT IN LAWYER-CLIENT RELATIONSHIPS

A lawyer-client relationship exists notwithstanding the close personal relationship between the lawyer
and the complainant or the non-payment of the former’s fees. Hence, despite the fact that complainant
was kumpadre of a law partner of respondent and that respondent dispensed legal advice to
complainant as a personal fabor to the kumpadre the lawyer was duty-bound to file the complaint he
had agreed to prepare—and had actually prepared—at the soonest possible time, in order to protect the
client’s interest (BURBE v MAGULTA)

PAYMENT OF FEES TO THE LAWYER IRRELEVANT IN LAWYER-CLIENT RELATIONSHIP

It is not necessary in order to create the lawyer-client relationship that any retainer to be paid, promised
or charged. (BURBE V. MAGULTA)

THE LAWYER-CLIENT RELATIONSHIP IS NOT TERMINATED BY A TRIAL COURT’S DECISION ON THE CASE

A lawyer continues to be a counsel of record until the lawyer-client relationship is terminated either by
the act of his client or his own act, with permission of the court. Assuming that their contract does not
include filing of an appeal with the higher courts, it is still the duty of the lawyer to protect the interest
of the client by informing and discussing with the client the said decision and his assessment of the same
(ROLDAN V PANGANIBAN ET AL)

SLIDE 12

ATTORNEY-CLIENT PRIVILEGE, DEFINED

In law of evidence, it is the client’s privilege to refuse to disclose and to prevent any other person from
disclosing confidential communications between him and his attorney. That privilege which permits an
attorney to refuse to testify as to communications from the client to him belongs to the client, not to the
attorney, and hence the client may waive it (Black’s Law Dictionary, 5th ed.).

ELEMENTS:

(1) Where legal advice of any kind is sought (2) from a professional legal adviser in his capacity as such
(3) the communications relating to that purpose (4) made it confidence (5) by the client (6) are at his
instance permanently protected (7) from disclosure by himself or by the legal advisor (8) except the
protection be waived

SLIDE 13

NO DUTY TO PRESERVE CONFIDENCE WHEN INVOLVING ILLEGAL ACTS; BUT, DISCLOSURE MUST BE DONE
PROPERLY

 The privilege against disclosure of confidential communications or information is Limited only to

communications which are legitimately and properly within the scope of a lawful employment of
a lawyer.
 It does not extend to those made in contemplation of a crime or perpetration of a fraud. If the
unlawful purpose is avowed, such as the client’s alleged intention to bribe government officials
in relation to his case the communication is not covered by the privilege as the client does not
consult the lawyer professionally.
 It is not within the profession of a lawyer to advices a client as to how he may commit as crime
as A lawyer is not a gun for hire. Thus, the attorney-client privilege does not attach there being
no professional employment in the strict sense.
 Nevertheless, disclosures of such illegal acts must be done properly.

SLIDE 14

DUTY TO PRESERVE CONFIDENCES IS PERPETUAL

  The protection givent to the client is perpetual and Does not cease with the termination of the
litigation, nor is it affected by the party’s ceasing to employ the attorney and retaining another,
or by any other change of relation between them.
 It even survives the death of the client.

LAWYER-CLIENT RELATIONSHIP BETWEEN CLIENT AND A LAW FIRM

 Where the client’s counsel is the law firm and not merely one of the lawyers or one of the
partners in the law firm the death of the handling lawyer does not extinguish the lawyer-client
relationship between the law firm and the client.
Hence, upon the death of the handling partner, the other members of the law firm
would have the same responsibility as that which the deceased lawyer had to the client. This
responsibility remains until the withdrawal by the law firm of its appearance.
Upon the death of the handling partner or lawyer, the law firm should re-assign the case
to other members of the firm or it could withdraw as counsel so that the client could hire
another lawyer.

HEIRS OF DECEASED LAWYER NOT LIABLE TO CREDITORS OF LAW FIRM

The heirs of a deceased partner in a law firm Cannot be held liable particularly where they are non-
lawyers. Thus the widow and the heirs cannot be held liable for transactions entered into by the lawyer.

SLIDE 15

Rule 21.02 A lawyer shall not, to the disadvantage of his client, use information acquired in the course
of employment, nor shall he use the same to his own advantage or that of a third person, unless the
client with full knowledge of the circumstances consents thereto.

 Duty not to misuse information acquired from a client.

 Any information given by a client to his lawyer is deemed to be used exclusively for the benefit
of the client. The lawyer is bound to render services to his client, and in rendering that service
the lawyer’s interest is always subordinate to the interest of the client.

SLIDE 16

**CASE OF HADJULA V. MADIANDA**

SLIDE 17
Rule 21.03 A lawyer shall not, without the written consent of his client, give information from his files
to an outside agency seeking such information for auditing, statistical, bookkeeping, accounting, data
processing, or any similar purpose.

A lawyer has a duty to obtain the written consent of the client prior to disbursement of certain
information. Information obtained by a lawyers from his client is, at the first instance, immediately
confidential and secret. The basis is the fiduciary relationship between the lawyer and the client which
covers every aspect of the relationship.

The lawyer should, in fact, consider such information as delicate matters to be handled with reasonable
secrecy. This confidential information obtains even against government agencies and instrumentalities.
As, such, without the written consent of the client, the lawyer may refse to reveal such information even
again government agencies

Rule 21.04 A lawyer may disclose the affairs of a client of the firm to partners or associates thereof
unless prohibited by the client.

A lawyer has a Duty not to disclose information to members of the firm when prohibited by the client.

The confidentiality of the client’s affairs is so paramount that it can even be imposed even within the law
firm of the lawyers, and it is so paramount that even partners within the law firm can be excluded from
the client’s confidence. Under this Rule, it is not necessarily extend to the law firm itself nor to the other
members of the law firm. Indeed, trust and confidence is a very personal matter for the client