Code of Professional Responsibility

Canon # 21

Lecturer:
Jose Paolo F. Pastrana
“Guilgamesh”
April 2018
 CANON 21

A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS

OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS
TERMINATED.
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.
Exceptions to the General Rule according to Agpalo is that :

• In cases of contemplated crimes or perpetuation of fraud (reason:

lawyer-client relationship should only be for lawful purposes)

• In case client files complaint against his lawyer or unreasonably

refuses to pay his fees: lawyer may disclose so much of client’s
confidences as may be necessary to protect himself or to collect fees.
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.
 Bum Siong Yao vs. Atty. Leonardo A. Aurello (A.C. No. 7023)
Facts:
Bun Siong Yao is a majority stockholder of Solar Farms & Livelihood Corporation and Solar Textile
Finishing Corporation. Atty. Leonardo Aurelio is also a stockholder and the retained counsel of both the
corporation and Bun Siong Yao. The latter purchased several parcels of land using his personal funds but were
registered in the name of the corporations upon the advice of Atty. Aurelio.

After a disagreement between Atty. Aurelio and Bun Siong Yao’s wife, the former demanded the
return of his investment in the corporations but when Yao refused to pay, he filed 8 charges for estafa and
falsification of commercial documents against Yao and his wife and the other officers of the corporation.

Yao alleged that the series of suits is a form of harassment and constitutes an abuse of the
confidential information which Atty. Aurelio obtained by virtue of his employment as counsel. Atty. Aurelio
however said that he only handled isolated labor cases for the said corporations.

Issue:
Did Atty. Aurelio abuse the confidential information he obtained by virtue of his employment as
counsel?
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.
An illustrative example of this is that:
Certain government officers, armed with search warrant duly
issued, seized among other things, a filing cabinet belonging to Atty. X.
In seeking the return of the cabinet, Atty. X claimed that the cabinet
contained documents and articles belonging to his clients but the
government refused to return the cabinet. Atty. X petitioned the court
which issued the warrant, praying that the agents be prohibited from
opening the cabinet.

Should Atty. X's petition be given due course?

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.
 In need of legal services, Niko secured an appointment to meet
with Atty. Henry of Henry & Meyer Law Offices. During the meeting,
Niko divulged highly private information to Atty. Henry, believing that
the lawyer would keep the confidentiality of the information.
Subsequently, Niko was shocked when he learned that Atty. Henry had
shared the confidential information with his law partner, Atty. Meyer,
and their common friend, private practitioner Atty. Canonigo. When
confronted, Atty. Henry replied that Niko never signed any
confidentiality agreement, and that he shared the information with the
two lawyers to secure affirmance of his legal opinion on Niko’s
problem.
Did Atty. Henry violate any rule of ethics?
Rule 21.05 - A lawyer shall adopt such measures as may be required to
prevent those whose services are utilized by him, from disclosing or
using confidences or secrets of the clients.
Rule 21.06 - A lawyer shall avoid indiscreet conversation about a
client's affairs even with members of his family.
Rule 21.07 - A lawyer shall not reveal that he has been consulted about
a particular case except to avoid possible conflict of interest.