Questions:

1. When does a lawyer-client relationship start?

- In order to constitute the relation (of attorney and client) the attorneys must be employed
either to give advice upon a legal point, to prosecute or defend an action in court of justice,
or to prepare and draft, in legal form such papers as deeds, bills, contracts and the like."

2. Does a request for advice and response through the internet gives rise to a lawyer-client
relationship?

-A request for legal advice and response through the internet may give rise to a lawyer-
client relationship if the lawyer has rendered his legal expertise and assistance.

3. When can an attorney be considered employed?

- An attorney is employed-that is, he is engaged in his professional capacity as a lawyer or

counselor-when he is listening to his client's preliminary statement of his case, or when he is
giving advice thereon, just as truly as when he is drawing his client's pleadings, or
advocating his client's cause in open court

4. Can a lawyer decline to render advise or employment from a client?

- Yes, he has the right to decline employment, subject, however, to Canon14 of the CPR.

5. Are there any formalities needed in the employment of an attorney?

- Formality is not an essential element of the employment of an attorney. The contract may
be express or implied and it is sufficient that the advice and assistance of the attorney is
sought and received, in matters pertinent to his profession.

6. What is the character of the relationship between an lawyer and his client?

- The relation of attorney and client is one of trust and confidence of the highest order. It
is highly fiduciary in nature and demands utmost fidelity and good faith.

7-9. Cite three criteria in determining the reasonableness of attorney’s fees:

 quantity and character of services rendered;
 labor, time and trouble involved
 nature and importance of litigation
 amount of money or value of property affected by controversy
 novelty and difficulty of questions involved
 responsibility imposed on counsel
  skill and experience called for in the performance of the service
 professional character and social standing of lawyer
 customary charges of the bar for similar services
 character of employment, whether casual or for establishment client
 whether the fee is absolute or contingent
 the results secured

10-12. Cite three duties of an attorney based on Section 20 of Rule 138 and the lawyer’s oath.
 To maintain allegiance to the Republic of the Philippines and to support the Constitution
and obey the laws of the Philippines.
 To observe and maintain the respect due to the courts of justice and judicial officers;
 To counsel or maintain such actions or proceedings only as appear to him to be just, and
such defenses only as he believes to be honestly debatable under the law.
 To employ, for the purpose of maintaining the causes confided to him, such means only
as are consistent with truth and honor, and never seek to mislead the judge or any
judicial officer by an artifice or false statement of fact or law;
 To maintain inviolate the confidence, and at every peril to himself, to preserve the
secrets of his client, and to accept no compensation in connection with his client's
business except from him or with his knowledge and approval;
 To abstain from all offensive personality and to advance no fact prejudicial to the honor
or reputation of a party or witness, unless required by the justice of the cause with
which he is charged;
 Not to encourage either the commencement or the continuance of an action or
proceeding, or delay any man's cause, from any corrupt motive or interest;
 Never to reject, for any consideration personal to himself, the cause of the defenseless
or oppressed;
 In the defense of a person accused of crime, by all fair and honorable means, regardless
of his personal opinion as to the guilt of the accused, to present every defense that the
law permits, to the end that no person may be deprived of life or liberty, but by due
process of law.

13. Fill in the blanks: Canon 21 – A lawyer shall preserve the __________ and secrets of his client
even after the attorney-client relation is terminated.

14. Rule 15.01. - A lawyer, in conferring with a prospective client, shall ascertain as soon as
practicable whether the matter would involve a ____________ with another client or his own
interest, and if so, shall forthwith inform the prospective client.