Professional Documents
Culture Documents
Nature and Creation of Attorney Client Relationship
Nature and Creation of Attorney Client Relationship
02)
Facts :PCGG field a case against Eduardo Cojuangco Jr. for the
recovery of ill-gotten wealth. Among the defendants were the
ACCRA Law Firm and Raul Roco, also a part of ACCRA. Case
alleged that Cojuangco and defendants conspired in setting
up through the use of coco levy funds numerous banks; that
ACCRA acted as dummies. ACCRA performed legal services for
clients, with the incidental services where its members acted
as stockholders.
In the process, members of ACCRA acquired information
relative to assets of clients and their personal and business
circumstances .PCGG excluded Raul Roco from the complaint
as party-defendant because of his undertaking that he will
reveal the identity of the principals for whom he acted as
nominee-stockholder in the companies involved.
Sandiganbayan promulgated a Resolution denying the
exclusion of ACCRA members in the complaint as partydefendants.
Motion for reconsideration denied. Petitioners contend: that
the exclusion of Roco as party-defendant grants him a
favorable treatment,on the pretext of his alleged undertaking
to divulge the identity of his client, giving him an advantage
over ACCRA members; that lawyers are prohibited from
revealing the identity of their principal.
Issue: W/N privileged communication between atty and client
may be asserted in refusing to disclose the name of ACCRAs
clients? Yes.
Held: Petitioners inclusion as co-defendants is merely being
used as leverage to compel them to name their clients and
consequently to enable PCGG to nail these clients -> thus
PCGG has no valid cause of action against Petitioners and
should exclude them from the complaint. An atty is more than
a mere agent or servant because he possesses special powers
of trust and confidence reposed on him by his client. If the
price of disclosure is too high, or if it amounts to selfincrimination, then the flow of information would be curtailed,
thereby rendering the right to counsel practically nugatory.
An effective lawyer-client relationship is largely dependent
upon the degree of confidence which exists between lawyer
and client which in turn requires a situation which encourages
a dynamic and fruitful exchange and flow of information.
General rule: a lawyer may not invoke the privilege and
refuse to divulge the name or identity of his client
IN RE: SYCIP,
Facts:Two separate Petitions were filed before this Court 1) by
the surviving partners of Atty. Alexander Sycip, who died on
May 5, 1975, and 2) by the surviving partners of Atty.
Herminio Ozaeta, who died on February 14, 1976, praying that
they be allowed to continue using, in the names of their firms,
the names of partners who had passed away. In the Court's
Resolution of September 2, 1976, both Petitions were ordered
consolidated.
Petitioners base their petitions on the following arguments:
1.
Under the law, a partnership is not prohibited from
continuing its business under a firm name which includes the
relevant thereto, although she was not able to pay him legal
fees. That respondents law firm mailed to the plaintiff a
written opinion over his signature on the merits of her case;
that this opinion was reached on the basis of papers she had
submitted at his office; that Mrs. Hilado's purpose in
submitting those papers was to secure Attorney Francisco's
professional services. Atty. Francisco appeared as counsel for
defendant and plaintiff did not object to it until (4) months
after. Then, plaintiff moved to dismiss the case between her
and defendant.
Issue: Was there an attorney-client relationship between
plaintiff and Atty. Francisco?
Held: YES. In order to constitute the relation a professional
one and not merely one of principal and agent, 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.
To constitute professional employment it is not essential that
the client should have employed the attorney professionally
on any previous occasion. It is not necessary that any retainer
should have been paid, promised, or charged for; neither is it
material that the attorney consulted did not afterward
undertake the case about which the consultation was had. If a
person, in respect to his business affairs or troubles of any
kind, consults with his attorney in his professional capacity
with the view to obtaining professional advice or assistance,
and the attorney voluntarily permits or acquiesces in such
consultation, then the professional employment must be
regarded as established.
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. An acceptance of the relation is implied on the
part of the attorney from his acting in behalf of his client in
pursuance of a request by the latter.
That only copies of pleadings already filed in court were
furnished to Attorney Agrava and that, this being so, no secret
communication was transmitted to him by the plaintiff, would
not vary the situation even if we should discard Mrs. Hilado's
statement that other papers, personal and private in
character, were turned in by her. Precedents are at hand to
support the doctrine that the mere relation of attorney and
client ought to preclude the attorney from accepting the
opposite party's retainer in the same litigation regardless of
what information was received by him from his first client.
An attorney, on terminating his employment, cannot
thereafter act as counsel against his client in the same
general matter, even though, while acting for his former
client, he acquired no knowledge which could operate to his
client's disadvantage in the subsequent adverse employment
"A retaining fee is a preliminary fee given to an attorney or
counsel to insure and secure his future services, and induce
him to act for the client. It is intended to remunerate counsel
for being deprived, by being retained by one party, of the
opportunity of rendering services to the other and of receiving
pay from him, and the payment of such fee, in the absence of
an express understanding to the contrary, is neither made nor