I.

ESTABLISHING ATTORNEY-CLIENT RELATIONSHIP

The Relationship

The relation of attorney and client is one of trust and confidence of the highest order. It is highly fiduciary
in nature and demands utmost fidelity and good faith.

The attorney-client relationship is:

a. Strictly personal;
b. Highly confidential;
c. Fiduciary.

Rationale: A lawyer becomes familiar with all the facts connected with his client’s case. He learns from
his client the weak points of the action as well as the strong ones. Such knowledge must be considered
sacred and guarded with care. No opportunity must be given him to take advantage of the client’s secrets.

How is the Attorney-Client Relationship Established?

A lawyer-client relationship is established from the very first moment a person asked a lawyer for legal
advice. To constitute professional employment, it is not essential that the client employed the attorney
professionally on any previous occasion.

It is not necessary that any retainer be paid, promised, or charged; neither is it material that the attorney
consulted did not afterward handle the case for which his service had been sought.

If a person, in respect to business affairs or troubles of any kind, consults a lawyer with a view to
obtaining professional advice or assistance, and the attorney voluntarily permits or acquiesces with the
consultation, then the professional employments is established.

Attorney-Client Privilege Communication.

Dean Wigmore lists the essential factors to establish the existence of the attorney-client privilege
communication, viz:

(1) Where legal advice of any kind is sought

(2) From a professional legal adviser in his capacity as such,
(3) The communications relating to that purpose,
(4) Made in confidence
(5) By the client,
(6) Are at his instance permanently protected
(7) From disclosure by himself or by the legal advisor,
(8) Except the protection be waived.

The purpose of the rule of confidentiality is actually to protect the client from possible breach of
confidence as a result of a consultation with a lawyer.

Matters disclosed by a prospective client to a lawyer are protected by the rule on privileged
communication even if the prospective client does not thereafter retain the lawyer or the latter declines
the employment. The reason for this is to make the prospective client free to discuss whatever he wishes
with the lawyer without fear that what he tells the lawyer will be divulged or used against him, and for the
lawyer to be equally free to obtain information from the prospective client.

On the other hand, a communication from a (prospective) client to al awyer for some purpose other than on
account of the (prospective) attorney-client relation is not privileged.1

OTHER WAYS OF ESTABLISHING ATTORNEY-CLIENT RELATIONSHIP

I. THROUGH RETAINER OR EMPLOYMENT

1. Retainer

Either the act of a client by which he engages the services of an attorney to render legal advice or to
defend and prosecute his cause in court (general or special) OR the fee which a client pays to an attorney
when the latter is retained.2

*The relation of attorney to client begins from the time an attorney is retained.

Concepts of Retainer:

a. General Retainer – its purpose is to secure beforehand, the services of an attorney for any legal problem
that may afterward arise.

b. Special Retainer – has reference to a particular case or service only.

The retaining fee which a client pays to an attorney when the latter is retained.

a. It is a preliminary fee paid to insure and secure his future services.

b. To remunerate him for being deprived of the opportunity of rendering services to the other party by
being retained by one party.

c. It is apart from what the client has agreed to pay for the services which he has retained him to perform.

Purpose: To prevent undue hardship on the part of the attorney based on the rule forbidding him from
acting as counsel for the other party after he has been retained by or has given professional advice to the
opposite party.

1
Mercado vs Vitriolo Adm. Case No. 5108. May 26, 2005
2
RUBEN E. AGPALO, COMMENTS ON THE CODE OF PROFESSIONAL RESPONSIBILITY AND THE
CODE OF JUDICIAL CONDUCT (2004).