 Collaborating counsels

o Collaborative Counsel (much like ordinary counsel) works alone with the client to provide
legal advice and case strategy.
o Collaborative Counsel actually performs all of the functions for his or her client  in
private  that conventional counsel offers in a non-collaborative case. This should give a
potential collaborative clients confidence that their needs and concerns will be protected
and safeguarded by their own Collaborative Counsel in a collaborative divorce. In this way,
Collaborative Counsel maintains the capability to be an advocate for his or her client.
 Duty to apprise clients
o Duty to keep client informed.
o Rule 15.01 of the Code reads: “A lawyer, in conferring with a prospective client, shall
ascertain as soon as practicable whether the matter would involve a conflict with another
client or his own interest, and if so, shall forthwith inform the prospective client.”
 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.
o It is the duty of an attorney to advise his client promptly whenever he has any information
to give which it is important that the client receive.
 He should notify his client of an adverse decision well within the period to appeal
to enable his client to decide whether to seek an appellate review thereof.
 He should communicate with him concerning the withdrawal of appeal with all its
adverse consequences, as decided by the client’s family.
o Rule 15.05: “A lawyer when advising his client, shall give a candid and honest opinion on
the merits and probable results of the client’s case, neither overstating nor understating the
prospects of the case.”
 A lawyer is bound to give candid and honest opinion on the merit or lack of merit of
client’s case, neither overstating nor understating the prospect of the case. He
should also give an honest opinion as to the probable results of the case, with the
end in view of promoting respect for the law and the legal processes.
o The client is entitled to the fullest disclosure of the mode or manner by which his interest is
defended or why certain steps are taken or omitted.
o His client should likewise be informed of and asked to be present at the hearing of his
case, so that in the event of his failure to appear at the trial for one reason or another his
client may have no reason to complain and can either ask for postponement himself or
look for another lawyer to represent him in Court.
 Keeping the client fully informed of important developments of his case will
minimize occasions for misunderstanding or loss of trust and confidence in the
attorney.
o The client should not, however, sit idly by. It is also his duty to make proper inquiries from
his counsel concerning his case, in keeping with that standard of care which an ordinarily
prudent man bestows upon his important business.
  He is bound to contact his counsel from time to time in order that he may be
informed of the progress of his case.
o But a lawyer who repeatedly disdains to answer the inquiries or communications of his
client violates the rules of professional courtesy and neglects his client’s interest.
 It is as unwarranted for a lawyer to willfully fail to advise his client of the progress
of his litigation as to give his client erroneous information concerning the status of
the case.
o Doctrine of Imputed Knowledge – based on the assumption that an attorney, who has
notice of matter affecting his client, has communicated the same to his principal in the
course of professional dealings.
 The doctrine applies regardless of whether or not the lawyer actually
communicated to the client what he learned in his professional capacity, the
attorney and his client being one judicial person.

ADD UNDER LETTER D (RULE 5.02)

Hilado vs David
 INFORMATION PROFESSIONALLY OBTAINED BY ATTORNEY FROM CLIENT IS SACRED.—
Information so received is sacred to the employment to which it pertains, and to permit it to be used
in the interest of another, or, worse still, in the interest of the adverse party, is to strike at the
element of confidence which lies at the basis of, and affords the essential security in, the relation of
attorney and client.
 The mere relation of attorney and client ought to preclude the attorney from accepting the opposite
party's retainer in the same litigation regardless of what information was received by him from his
first client.
 A retaining fee is a preliminary fee given to an attorney or counsel to insure and secure his future
services, and induce him to act for the client. It is mtended to remunerate counsel for being
deprived, by being retained by one party, of the opportunity of rendering services to the other and
of receiving pay from him, and the payment of such fee, in the absence of an express
understanding to the contrary, is neither made nor received in payment of the services
contemplated; its payment has no relation to the obligation of the client to pay his attorney for the
services which he has retained him to perform
 An information obtained from a client by a member or assistant of a law firm is information imparted
to the firm.