Lawyers Duty to Preserve Clients Confidence

Lawyers Duty to Preserve Clients ConfidenceCanon 21 of the Code of Professional Responsibility provides that A lawyer shall preserve the confidence and secrets of his client even after the attorney-client relationship is terminated.

It is the glory of the 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 lawyers tongue is tied from ever disclosing it.22/12/2015Report by: Venus Vivian L. GumpicA lawyer shall not give information from his files.Rule 21.03 A lawyer shall not, without the written consent of his client, given information from his files to an outside agency seeking such information for auditing, statistical, bookkeeping, accounting, data processing, or any similar purpose.Rationale: The work product of a lawyer, such as his effort, research, and thought, and the record of his client, contained in his files are privileged matter.

Case: In Hickman vs. Taylor, following an accident involving one of their tug boats, two tug owners (Defendants) fearing litigation, hired an attorney who interviewed several of the surviving crew members of the tug accident. A year later, after filing suit against the tug owner, a representative of one of the victims of the accident filed an interrogatory requesting the content of the interviews conducted by the tug owners attorney with the survivors.

Issue: Whether, without a showing of prejudice by the moving party, statements made to discoverable, if they were taken in anticipation of litigation and contained among them the personal recollections and thoughts of opposing counsel. Ruling: Discovery has ultimate and necessary boundaries. Limitations come into existence when the inquiry encroaches upon the recognized domains of privilege. The protective cloak of this privilege does not extend to information that an attorney secures from a witness while acting for his client in anticipation of litigation. However, an attempt, without necessity or justification, to secure written statements, private memoranda and personal recollections prepared or formed by an adverse partys counsel, falls outside the arena of discovery. The policy underlying the work product immunity is the necessity for the lawyer to investigate all facets of the case and develop his theories without fear of having to disclose his strategies or information that is unfavorable to his client. A lawyer is protected against disclosure in discovery of information generated by the litigation process itself but not against disclosure of underlying historical facts.

32/12/2015Report by: Venus Vivian L. GumpicA lawyer may disclose affairs of client to partners.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.Rationale: The professional employment of a law firm is equivalent to the retainer of the members thereof even though only one of them is consulted.

Case: In Hilado vs. David, the counsel of the petitioner filed a motion for disqualification of Atty. Francisco, the new counsel of the respondent because apparently Atty. Francisco has been previously consulted by the petitioner regarding her case and the former advised her that there is no way that the case will win. Furthermore, Atty. Agrava, an associate in his firm prepared a legal opinion stating that the petitioner has no cause of action to file suit which was signed by both Atty. Francisco and Atty. Agrava. In defense, Atty. Francisco claimed that he never read the legal opinion.

Issue: Whether or not Atty. Francisco is binded to the legal opinion considering that it was Atty. Agrava who prepared it and he merely signed it.

Ruling: The issue that the legal opinion was not actually written by Atty. Francisco but was only signed by him, It still binds him because Atty. Agrava, assuming that he was the real author, was part of the same law firm. An information obtained from a client by a member or assistant of a law firm is information imparted to the firm, his associates or his employers.

42/12/2015Report by: Venus Vivian L. GumpicA lawyer shall adopt measures against disclosures of clients secret.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.Rationale: A lawyer should ensure that even those who he employ (i.e. secretaries, clerks, accountants, etc) will prevent privileged communication from leaking out.

Case: In United States vs Kovel, defendant, Kovel, refused to answer a question by a grand jury investigating a client of the law firm where defendant was employed. The client was being investigated for Federal income tax violations. Defendant is a non-lawyer accountant hired by the law firm Kamerman & Kamerman. The law firm specializes in tax law. Defendants law firm argued that he was subject to the attorney-client privilege and could not disclose attorney-client communications unless the client consented.

Issue: Should the attorney client privilege be allowed to prevent d efendant from answering questions even though he is not a lawyer?

Ruling: The Court of Appeals notes that each instance of deciding whether or not the attorney-client privilege applies to non-lawyers should be reviewed on a case-by-case basis. If what is sought from the non-lawyer is not legal, then the privilege should not apply. The communication should be for the purpose of obtaining legal advice from a lawyer.52/12/2015Report by: Venus Vivian L. GumpicA lawyer shall avoid indiscreet conversation about clients affairs.Rule 21.06 A lawyer shall avoid indiscreet conversation about a clients affairs even with members of his family.Rationale: This rule is to better preserve the clients confidences and secrets. For indiscreet conversations can result in prejudice to the client and will lessen the respect due to the legal profession.62/12/2015Report by: Venus Vivian L. Gumpic