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  • Reaction Paper in PALE: Dilemma III

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    Mark Michael Resuello
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    - Atty. Louis had an established lawyer-client relationship with Manuel when Manuel sought his legal advice and disclosed that Ben was his illegitimate child. - Generally, the attorney-client privilege protects any confidential communications between a client and their lawyer, and this protection lasts forever. - When Atty. Louis disclosed to Wendy that Manuel had said Ben was his child, this violated the lawyer-client privilege since that information was confidential. Advising Wendy to seek a presumptive death declaration for Manuel when he had only been missing for a short time, not four years, was also unethical.

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    - Atty. Louis had an established lawyer-client relationship with Manuel when Manuel sought his legal advice and disclosed that Ben was his illegitimate child. - Generally, the attorney-client privilege protects any confidential communications between a client and their lawyer, and this protection lasts forever. - When Atty. Louis disclosed to Wendy that Manuel had said Ben was his child, this violated the lawyer-client privilege since that information was confidential. Advising Wendy to seek a presumptive death declaration for Manuel when he had only been missing for a short time, not four years, was also unethical.

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    18 views2 pages

    Reaction Paper in PALE: Dilemma III

    Uploaded by

    Mark Michael Resuello
    - Atty. Louis had an established lawyer-client relationship with Manuel when Manuel sought his legal advice and disclosed that Ben was his illegitimate child. - Generally, the attorney-client privilege protects any confidential communications between a client and their lawyer, and this protection lasts forever. - When Atty. Louis disclosed to Wendy that Manuel had said Ben was his child, this violated the lawyer-client privilege since that information was confidential. Advising Wendy to seek a presumptive death declaration for Manuel when he had only been missing for a short time, not four years, was also unethical.

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    © All Rights Reserved
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    of 2

    Mark Michael M.

    Resuello

    Reaction Paper in PALE


    Dilemma III

    1. Before discussing the issue on whether or not Atty. Louis violated the lawyer-

    client confidentiality when he told Wendy that Ben was Manuels Child, the fact that

    Atty. Louis and Manuel had a lawyer-client relationship must first be established.

    Another issue that must be answered is whether or not the lawyer-client privilege

    still applies after the death of the client.

    We remember that a lawyer-client relationship is exists where: 1.) Where legal

    advice of any kind is sought; 2.) from a professional legal adviser in his capacity as

    such; 3.) by the client made in confidence; 4.) the lawyer gives advice in his

    capacity as such. No form or place is prescribed in establishing the lawyer-client

    relationship. Hence, when Manuel asked for advice and disclosed to Louis the fact

    that Ben was his illegitimate child lawyer-client relationship was established. Manuel

    shall be protected from any possible breach of confidence as a result of his

    consultation to Atty. Louis.

    The general traditional common-law rule is that the attorney-client privilege is

    forever. The protection covers communications between a client and his attorney in

    connection with the provision of legal advice. As long as such communications were

    originally confidential, the client, and the attorney acting on behalf of the client, can

    object to any discovery of this information. Thus, when Louis disclosed to Wendy the

    confidential information that Manuel related to him in confidentiality, there was a

    clear breach of the lawyer client privilege.


    2. With regard to Atty. Louis advice to secure a declaration of presumptive death of

    Manuel on the ground of an unconfirmed information is immoral and unethical.

    Jurisprudence states that before a judicial declaration of presumptive death can

    be obtained, it must be shown that the prior spouse had been absent for four

    consecutive years and the present spouse had a well-founded belief that the

    prior spouse was already dead. Clearly, Manuel is absent for less than four

    years and the element of a well-founded belief of his death is not yet

    present. When Atty. Louis, encouraged Wendy to obtain such for free as proof

    of their friendship, he violated the lawyers oath.

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