Chapter 6 1. What is atty-client relationship?

Strictly personal, highly confidential and fiduciary

2. Can a lawyer delegate his duties to another lawyer? Yes, upon clients consent

3. When can the relationship be terminated? Upon death of the client

4. What does highly fiduciary mean? It demands of an atty an undivided allegiance, a conspicuous and high degree of good faith, disinterestedness, candor, fairness, loyalty, fidelity and absolute integrity in all his dealings and transactions with his clients and an utter renunciation of every personal advantage conflicting in anyway, directly or indirectly, with the interest of his client. relationship based on utmost trust and confidence responsibilities should be within legal bounds

5. What is a retainer? It is the act of a client by which he engages the services of an atty to render legal advice or to defend or prosecute his cause in court. General retainer purpose is to secure beforehand the services of an atty for any legal problem that may afterward arise Special retainer has reference to a particular case or service Retainer fee preliminary fee paid to the atty to insure and secure his future services to remunerate him for opportunity loss.

6. What the necessity of a retainer? He has no power to represent unless he is retained There must be a contract of employment express or implied between him and the party he must represent between the latter and his client or his clients agent. He may be disciplined if he represents without authority.

7. Sufficiency of professional employment It is not necessary that a retainer is paid or charged for or promised.

An implied contract of professional employment is when an attorney appears on behalf of the party without the latter objecting thereto. Even if the attorney did not affix his signature in his pleading, it does not necessarily mean that there was a professional relationship. It depends upon the circumstance of the case, professional relationship must be taken into consideration. The employment of counsel need not be inferred in writing, but it can be inferred from circumstantial evidence. When is atty client relationship established? From the very first moment the complainant asked for legal advice regarding the formers business. The atty voluntarily permits or acquiesces with a consultation then the professional employment is established.

8. Employment of a law firm equivalent to the employment of a member of the law firm 9. Who can employ an atty? A person who has legal capacity to contract Without legal capacity (insane, minors or incompetent represented by guardians, legally incapacitated) The appearance of a lawyer as authorized by a relative of the minor/incompetent is officious and will have no effect except to show the atty good faith in appearing in court.

10.Board of directors shall act in behalf of the corporation. 11.It is the lawyers duty to disclose to his prospective client all possible conflicts of interests or that the adverse party used to be his client, for his own protection, and for preventing the prospective client to suspect him of not fully discharging his duties in case of an unfavorable judgment. 12.Duty to decline employment? NCAA CIWI He may not nullify a contract which he prepared. If there exists a conflict of interest with a former client. When it will be used to advertise his professional services or skill. When it involves any matter in which he had intervened while in government service. He may not accept employment as a columnist, from a collection agency.

If the case to be accepted involves illegal matters. He cannot act as a lawyer and a witness of the client at the same time. Incompetence

13.Privileged communication There can be privileged communication even if the prospective client thereafter does not retain the lawyer of the lawyer declines employment.

14.Why can a lawyer take a bad case? It the judge who determines his guilt. The duty of the lawyer is to perform utmost professionalism with the diligence of a good father of a family in order to safeguard the rights of his client. Criminal action - a client is presumed to be innocent until proven guilty beyond reasonable doubt. It is the right of the lawyer to undertake the defense of a person accused of crime regardless of his personal opinion, otherwise, innocent victims of suspicions might be denied proper defense. Civil action o o Lawyers signature in every pleading certifies that there is good cause to support it. Lawyer should maintain only those proceedings appearing to be just and defenses which he believes to be debatable under the law. Discourage delay for any corrupt motive or interest. Decline civil causes intended to harass or injure the opposite party.

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Chapter 7 1. Influence peddling 15.06 of the Code lawyer shall not state or imply that he is able to influence any public official, tribunal or legislative body. Highly unethical, violation of anti-graft and corrupt practices act. 2. Technical defense a lawyer may assert technical defenses as long as it is employed with all sincerity and good faith (and not solely for the purpose of delay). The law denies relief to a party who sleeps on his rights. 3. Prosecuting or defending matrimonial cases the lawyer should be more candid to the court than to his client. He should terminate employment in

case when he is compelled to suppress confidential information in relation to his clients collusion with the other party. 4. In case of fraud discovery by the lawyer, he should rectify it at first by advising his client and if his client refuses to forego the unjust advantage, he should inform the injured person or his counsel for their appropriate action. 5. What to do in case of conflict of trial dates Notify the court Notify the client of all the facts so he can secure the services of another lawyer If client still retains, he shall assume the risk himself

6. Lawyer should have a system to insure receipt of mails to facilitate response within 5 days. Otherwise, it may be prejudicial to his clients interest. He may fail to attend a hearing, file a responsive pleading on time, pay docket fee for an appeal, appeal an adverse judgment. 7. In case of negligence by the clerk of court, the lawyer make compel him to act, and to procure court order or invoke contempt of court for that purpose. 8. In case of delay of filing a pleading within the reglementary period, the lawyer should file the same stating the reasons for the delay. 9. Diligence in handling the case legprof is a jealous mistress which requires the diligence of a good father of a family. 10.Duty of defense counsel when accused intends to plead guilty Plea of guilty admission by the accused of his guilt of the crime as charged in the information and of the truth of the facts alleged therein, including the qualifying and aggravating circumstances AACCP Acquaint, obtain clients Account of what happened, Constitutional rights, Consequences, Prescribed procedure

11.Consequences: client is bound by his lawyers omission or mistake in handling of his case. Lose clients case due to lawyers negligence Lose right to appeal an adverse judgment where the lawyer failed to bring action immediately, file an answer to the complaint within reglamentary period, notify his client of date of hearing, attend scheduled pre-trial, prosecute an action, etc.

Chapter 8

1. Business transactions between an atty and client is disfavored and discouraged by the policy of the law, so that no advantage is taken by a lawyer over his client. 2. A lawyer is not barred from dealing with his client in business transaction as long it is characterized by utmost honesty and good faith. 3. Burden of proof lies on the atty to show that the transaction is fair, equitable and just, did not proceed from undue influence and property so acquired doesnt belong constructively to the client. 4. He should not abuse clients confidence. 5. He shall not accept rebates and commissions whatsoever related to his professional employment from anyone other than his client. 6. Money received from judgment creditor must be turned over to the client. 7. A lawyer shall account for clients funds. 8. A lawyer shall not commingle clients funds. 9. A lawyer shall deliver funds to client, subject to lien. A legal right of the creditor to the property of the client.

10.Purchase of clients property in litigation is prohibited (absolute and permanent) to prevent undue influence of the lawyer upon his client. 11.Four (4) elements in the rule forbidding an atty from purchasing clients property in litigation: There must be atty-client relationship ALCP Property/interest must be in litigation Atty takes part as counsel in the case Atty by himself or through another purchases such property or interest during the pendency of the litigation

12.Effect void ab initio 13.Purpose of the maxim prevent lawyer to litigate in his own account as a business proposition 14.He may acquire choses in action not in his professional capacity but as a legitimate investment.

Chapter 9

1. Requisites of privilege legal advice of any kind is sought from an atty in his professional capacity with respect to communications relating to that purpose made in confidence by the client so as permanently to protect such communications at the instance of the client from disclosure by himself or by the atty unless the protection is waived. (EVIDENTIARY PRIVILEGE) 2. A lawyer cannot divulge work product to any 3 rd party unless he drafted, signed and filed a pleading which then became a public document. 3. Confidentiality mere relation of atty client doesnt presume confidentiality. 4. Confidential communication refers to info transmitted by voluntary act of disclosure between atty and client in confidence and by means which discloses the info to no 3rd person other than one reasonably necessary for the transmission of the info or the accomplishment of the purpose for which it was given. 5. Embraces not only oral or written statements but actions signs or other means of communication. 6. Persons entitled to claim privilege attys stenographer secretary clerk interpreter messenger accountant, etc. 7. A lawyer may not reveal in court any client regardless of its unprivileged nature, except those involving propriety and ethics. 8. Waiver may be implied. 9. Waiver cannot be made partially. 10.When can a lawyer breach the evidentiary rule? When required by law When authorized by client after acquainting of the consequences of disclosure When necessary to collect to his fees or to defend himself, his employees or associates or by judicial action.

11.Waiver of privilege communication by atty is needed when his agents are needed to testify to divulge client info.