Professional Documents
Culture Documents
Recitation Questions:
1.) Start of a lawyer-client relationship (ACR)
It begins from the time an attorney/lawyer is retained
Two concepts of reference:
o Act of a client which he engages in the services of an attorney to
render legal advice
o To defend his cause in court
Employment is considered to be an essential feature
It can also start by being a counsel de oficio for a poor or indigent
litigant
14.) Why is the (written) consent of both parties needed when acting as
mediator, conciliator, or arbitrator? (Rule 15.04)
Mediator: a person who attempts to make people involved in a conflict
come to an agreement
Conciliator: a person who acts as a mediator between two disputing
people or groups
Arbitrator: an independent person or body officially appointed to settle a
dispute
His knowledge of the law and his reputation for fidelity may make it easy
for the disputants to settle their differences amicably; however, a lawyer
shall not act as counsel for any of them. Otherwise, the rule prohibiting
representation of conflict of interests will apply
Consent is needed because it is to confirm that both parties agree to the
lawyer being the mediator, conciliator or arbitrator of their case, as well
as to confirm that arbitration or alternative resolution is what both
parties would want to do
15.) What is privileged communication? (Rule 15.02)
An interaction between two parties in which the law recognizes a private,
protected relationship; whatever is communicated between these pairs of
parties shall remain confidential
Attorney-client privilege: legal advice of any kind is sought from an
attorney in his professional capacity with respect to communications
relating to that purpose, made in confidence by the client so as
permanently to protect such communications at the instance of the client
from disclosure by himself or by the lawyer, unless the protection is
waived
Requisites of privilege:
o Legal advice of any kind is sought
o From a professional legal adviser in his capacity as such
o The communications relating to that purpose
o Made in confidence
o By the client
o Are at his instance permanently protected
o From disclosure by himself or by the legal advisor
o Except the protection be waived
Factors:
o There exists an attorney-client relationship, or a prospective ACR,
and it is by reason of this relationship that the client made the
communication
o The client made the communication in confidence
o The legal advice must be sought from the attorney in his
professional capacity