CONFIDENTIALITY BETWEEN LAWYERS AND CLIENTS

Canon 21

Canon 21

“It is the glory of the legal profession that its fidelity to its client can be depended on and that a man may safely go to a lawyer and converse

with him upon his rights or supposed rights in any litigation with absolute

assurance that the lawyer’s tongue is tied from ever disclosing it.”

~ Agpalo, Legal & Judicial Ethics

Rule 21.01

– A lawyer shall not reveal the confidence 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.

In re Merron, 22 N. M., 252, L.R.A., 1917B, 378,

As has been aptly said in "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.”

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.

HILADO vs DAVIDG.R. No. L-961             September 21, 1949

It is founded on principles of public policy, on good taste. As has been said in another case, the question is not necessarily one of the rights of the parties, but as to whether the attorney has adhered to proper professional standard. With these thoughts in mind, it behooves attorneys, like Caesar's wife, not only to keep inviolate the client's confidence, but also to avoid the appearance of treachery and double-dealing. Only thus can litigants be encouraged to entrust their secrets to their attorneys which is of paramount importance in the administration of justice.

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.

THE PEOPLE OF THE PHILIPPINES vs.SANTIAGO SY JUCOG.R. No. L-41957             August 28, 1937

It is clear that the court could not and can not order the opening of the art metal filing cabinet in question because, it having been proven that it belongs to the appellant attorney and that in it he keeps the records and documents of his clients, to do so would be in violation of his right as such attorney, since it would be tantamount to compelling him to disclose or divulge facts or things belonging to his clients, which should be kept secret, unless she is authorized by them to make such disclosure, it being a duty imposed by law upon an attorney to strictly preserve the secrets or communications made to him.

Rationale of Canon 21

The reason of lawyer-client privileges is to encourage and inspire the client to tell all about the facts of their cases.

“Duty to maintain client confidences and secrets is

permanent”

Elements necessary to establish the attorney-client privilege:

The asserted holder of the privilege is (or sought to become) a client

The person to whom the communication was made: is a member of the bar of a court, or his

subordinate, and in connection with this communication, is

acting as an attorney The communication was for the

purpose of securing legal advice

Rosaca vs. Bulalacao

Facts: Atty. Benjamin B Bulalacao was hired as a retained counsel of Tacama Phils. Inc, several employees of the corporation consulted Atty. Benjamin for the purpose of filing an action for illegal dismissal against the corporation.

President of the said corporation filed a disbarment complaint against the respondent,

Held: The SC. Ruled that respondent breaches his oath of office, the respondent violated canon 21 of the code of professional responsibility, which provides that a lawyer shall preserve the confidences of his client even after the attorney-client relationship.

“A law firm is considered one entity”

When one partner of a firm tells the other partner about the details of a case it is not considered as disclosure to a third person.

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.”

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 client.”

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.”

Avoid committing calculated indiscretion – accidental revelation of secrets obtained in his professional employment.

Prohibition applies, even if the prospective client did not thereafter actually engage the lawyer.

Hadjula vs. Madianda

Facts: Hadjula approached her friend Madianda for some legal advice, Hadjula disclosed personal secrets and produced copies of marriage contract, birth certificate and baptismal certificate to Madianda. But after the said disclosure Madianda refused to handle the case and said that she would refer the case to her friend lawyer.

Hadjula filed a complaint against Madianda for disclosing personal secrets and confidential information she revealed in the course of seeking legal advice.

Madianda alleged that there was no lawyer-client relationship. Held:SC. Ruled that Madianda violated the legal ethics, when

she revealed information given to her legal consultation. When Hadjula went to Madianda to bare what she considered

her personal secrets and sensitive documents for the purpose of obtaining legal advise and assistance, a lawyer-client relationship arose.

Case: Hadjula vs. Madianda 2007Doctrines: Among the burdens of the

lawyer-client relationship is that which enjoins the lawyer to keep inviolate confidential information acquired or revealed during legal consultations. The fact that one is, at the end of the day, not inclined to handle the client’s case is hardly of consequence.

Rationale of the canon 21

The reason of lawyer-client privileges is to encourage and inspire the client to tell all about the facts of their cases.

To allow the lawyer a freedom to obtain full information from his client

Elements necessary to established the attorney client

privilege The asserted holder of the privilege is a client or

sought to become a client.

The person to whom the communication was made:

Is a member of the bar. In connection of the communication is acting

as a lawyer.

The communication was for the purpose of securing legal advice.

No Presumption of Confidentiality

The mere relation of attorney and client does not raise a presumption of confidentiality.

The client must intend the communication to be confidential.

Professional engagement start from the moment the lawyer

listen to his prospective client

Even if the lawyer was only consulted about a particular case he is oblige not to reveal to others the matters of consultation

Hadjula vs. Madianda A.C. No. 6711 July 3, 2007

Hadjula vs. Madianda Facts: Hadjula approached her friend Madianda for some

legal advice, Hadjula disclosed personal secrets and produce copies of marriage contract, birth certificate and baptismal certificate to Madianda,. But after the said disclosure Madianda refused to handle the case and said that she would refer the case to her friend lawyer.

Hadjula filed a complaint against Madianda for disclosing personal secrets and confidential information she revealed in the course of seeking legal advice.

Madianda allege that there was no lawyer-client relationship. Held:SC. Ruled that Madianda violated the legal ethics, when

she revealed information given to her legal consultation. When Hadjula went to Madianda to bare what she considered

her persona secrets and sensitive documents for the purpose of obtaining legal advise and assistance a lawyer-client arose.

Duty to maintain client confidences and secrets is

Permanent Even after the lawyer-client

relationship the obligation of the lawyer to keep the matters or information must be preserve.

Rosaca vs. Bulalacao A.C. 3745 October 2, 1995

Rosaca vs. Bulalacao

Facts: Atty. Benjamin B Bulalacao was hired as a retained counsel of Tacama Phils. Inc, several employees of the corporation consulted Atty. Benjamin for the purpose of filing an action for illegal dismissal against the corporation.

President of the said corporation filed a disbarment complaint against the respondent,

Held: The SC. Ruled that respondent breaches his oath of office, the respondent violated canon 21 of the code of professional responsibility, which provides that a lawyer shall preserve the confidences of his client even after the attorney-client relationship.

“A law firm is considered one entity”

When one partner of a firm tells the other partner about the details of a case it is not considered as disclosure to a third person.

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.”

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 client.”

Not only the lawyer should exercise reasonable care in handling the information or case of the client but also the lawyer’s personnel.

Indiscreet conversation about client affairs must be avoided

A lawyer must not only preserve the confidences and secrets of his client in his law office but also outside including his home.

The general rule: A lawyer shall avoid indiscreet

conversation about the client affairs even with the members of his family.

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.”

The lawyer-client privilege apply

even if the prospective client did not actually engage the lawyer.

Avoid committing calculated indiscretion – accidental revelation of secrets obtained in his professional employment.

Case: Hadjula vs. Madianda 2007Doctrines: Among the burdens of the

lawyer-client relationship is that which enjoins the lawyer to keep inviolate confidential information acquired or revealed during legal consultations.

THANK YOU!

By: Adrian Baltazar and Llewellyn B. Manjares, Jr.Problem Areas in Legal Ethics