Chapter 6: Nature and Creation of Attorney Client Relationship Flashcards
What are the two Roman concepts upon which the nature of lawyer-client relationship is premised?
- Conductio operarum (contract of lease of services)
2. Mandato (contract of agency)
Distinguish conductio operarum and mandato.
Conductio operarum is where one person lets hi services for compensation and another hires them without reference to the object which the services are to be performed.
While Mandato is where a friend on whom reliance could be placed makes a contract in his name but gives up all that ge gained by the contract to the person who requested him.
How is conductio operarum and mandato related to the modern day attorney-client relationship?
A lawyer is a servant to his client which characterizes conductio operarum; he is also an agent which enjoys trust and reliance of his client. However a lawyer is in essence more than a servant and an agent for he possesses special powers of trust and confidence reposed on him by his client.
The attorney-client relationship is strictly personal. Expound.
It is private. It involves mutual trust and confidence of the highest degree irrespective of whether the client is a private person or a government functionary. I cannot be delegated in favor of another attorney.
When does AC relationship terminate?
Upon death of either party.
AC is highly fiduciary. Explain.
It involves trust and confidence of the highest degree. And it is very delicate, exacting and confidential in character. It demands of an attorney an undivided allegiance, a conspicuous and high degree of good faith, disinterestedness, candor, fairness, loyalty, fidelity and absolute integrity in all his dealings and transactions with his clients.
What are the rules protective of AC relationship?
A lawyer should: (EAPFR)
- EXCERT best effort and learning in the protection of the interest of his client.
- ACCOUNT for any fund or property entrusted by or received for his client
- not to PURCHASE or ACQUIRE any property or interest of his client in litigation
- FOREVER keep inviolate his client’s secrets or confidence and not to abuse them
- not to REPRESENT a party whose interest is adverse to that of his client even after the termination of the relation.
What is a retainer?
It may refer to the act of a client by which he engages the services of an attorney to render legal service, or to defend or prosecute his cause in court.
What are the 2 kinds of retainer? Distinguish.
- General retainer - on the purpose of which is to secure beforehand the services of an attorney for any legal problem that may afterward arise
- Special retainer - has reference to a particular case or service
What is a retaining fee?
A preliminary fee paid to insure and secure a lawyer’s future services, to remunerate him for being deprived, by being retained by one party, of the opportunity of rendering his services to the other party and of receiving pay from him.
Why is a retainer necessary?
An attorney has no power to act as counsel or legal representative for a person without being retained, nor may he appear in court for a party without being employed unless by leave of court.
When is AC established?
From the moment complainant asked responded for legal advise regarding the former’s business.
Who may employ an attorney?
Any person who has the legal capacity to contract can employ an attorney.
What is Rule 15.01 of the Code?
Clue: Conflict of interest
“A lawyer in conferring with a prospective client, shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest, and if so, shall forthwith inform the prospective client.”
Give situations where a lawyer is duty-bound to decline employment.
- He may not accept employment from another in a matter adversely affecting any interest of his former client.
- In a case to nullify a contract which he prepared
- As an advocate in any matter which he intervened while in Govt service
- Employment which may easily be used as a means of advertising his professional services or skill
