Libo-on, Joannalyn M.

2018400185 June 24, 2019

LEGAL COUNSELING AND SOCIAL RESPONSIBILITY

According to Rule 15.02 of the Code of Professional Responsibility, lawyer shall be

bound by the rule on privilege communication in respect of matters disclosed to him by a client.
In engaging the services of an attorney, the client reposes on him special powers of trust and
confidence. Their relationship is strictly personal and highly confidential and fiduciary. With full
disclosure of the facts of the case by the client to his attorney, adequate legal representation will
result in the ascertainment and enforcement of rights or the prosecution or defense of the
client's cause. In the case of Roman Israel, Esq., his act of utilizing the information given to him
by his client in anonymously collecting the reward of $100,000 for the location a fugitive involved
in the case constitutes malpractice as it violates the privileged communication between a lawyer
and his client. As stated in the case of Mercado v. Vitriolo, there are three factors in
determining the existence of the privileged communication, to wit: (1) There exists an
attorney-client relationship, or a prospective attorney-client relationship, and it is by reason of
this relationship that the client made the communication ; (2) The client made the
communication in confidence ; and (3) The legal advice must be sought from the attorney in his
professional capacity. All of the factors were present in the case of Roman Israel, Esq. and his
client. The information about the location of the fugitive involved in the case given by his client,
Derrell Ellerbee is given for the purpose of negotiating a plea and was transmitted by a Ellerbee
to his attorney for the purpose of seeking legal advice. Furthermore, the act of Roman Israel,
Esq. constitutes a violation of Rule 1.01 of the Code of Professional Responsibility which
provides that a lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. By
utilizing the privileged information provided by his client in collecting the reward, Roman Israel,
Esq. engaged in an unlawful, dishonest, immoral or deceitful conduct which is a conduct
unbecoming of a lawyer and constitutes malpractice of law. Moreover, in accordance with
Canon 17 of the Code of Professional Responsibility, A lawyer owes fidelity to the cause of his
client and he shall be mindful of the trust and confidence reposed in him. he relationship
between a lawyer and his/her client should ideally be imbued with the highest level of trust and
confidence. The legal profession dictates that it is not a mere duty, but an obligation, of a.
lawyer to accord the highest degree of fidelity, zeal and fervor in the protection of the client's
interest. It is fiduciary duty of every lawyer towards his client requires him to conscientiously act
in advancing and safeguarding the latter's interest. The act of collecting the $100,000 reward,
Roman Israel, Esq. did not act in advancing the cause of his client but for his own selfish
interest. As his client's advocate, a lawyer is duty-bound to protect his client's interests and the
degree of service expected of him in this capacity is his entire devotion to the interest of the
client, warm zeal in the maintenance and defense of his rights and the exertion of his utmost
learning and ability. Furthermore, the practice of law is a privilege given to lawyers who meet
the high standards of legal proficiency and morality, including honesty, integrity and fair dealing.
They must perform their four-fold duty to society, the legal profession, the courts and their
clients, in accordance with the values and norms of the legal profession as embodied in the
Code of Professional Responsibility.