Nature of Attorney-Client Relationship

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Nature of attorney-client relationship c.

He is to forever keep inviolate his


1. Locatio conduction operarum (contract client’s secrets or confidence and
of lease of services) – where one not to abuse them;
person lets his services for d. He is not to represent a party whose
compensation and another hires them interest is adverse to that of his
without reference to the object which the client even after the termination of
services are to be performed. the relation.
2. Mandato (contact of agency) – whereby
a friend on whom reliance could be Concept of term retainer
places makes a contract in his name but 1. The relation of attorney and client
gives up all that he grained by the begins from the time an attorney is
contract to the person who requested retained.
him. 2. Retainer – the act of a client by which
he engages the services of an attorney
Relation as strictly personal: to render legal advice, or to defend or
1. It involves mutual trust and confidence prosecute his cause in court.
of the highest degree irrespective of 3. Two concepts of retainer:
whether the client is a private person or a. General retainer – one the purpose
a government functionary. of which is to secure beforehand the
2. The personal character of the relation services of an attorney for any legal
prohibits its delegation in favour of problem that may afterward arise.
another attorney without the client’s b. Special retainer – has reference to a
consent. particular case or service.
3. A client can terminate it at any time with 4. Retainer – may also refer to the fee
or without cause. which a client pays to an attorney when
4. Only a proper sense of vicarious the latter is retained, known as standing
detachment will enable the attorney to fee. It is a preliminary fee paid to insure
adequately serve the interest of his and secure his future services, to
client and to keep his professional renumerate him for being deprived, by
conduct within ethical bounds. For this being retained by one party, of the
reason, it is advisable for a lawyer, who opportunity of rendering services to the
is a party litigant, not to appear for other party and of receiving pay from
himself not act as counsel for a close him, and the payment of such fee, in the
relative. He can ask another lawyer who absence of an agreement to the
can act with more detachment and with contrary, is neither made nor received in
less emotional involvement to undertake consideration of the services
the active prosecution. contemplated.
5.
Relation as fiduciary and confidential:
1. The relation of attorney and client is
highly fiduciary in nature and of a very
delicate, exacting and confidential
character.
2. The exacting responsibilities of an
attorney to his client should however be
reconciled with his duties to the court of
which he is an officer, to the bar of
which he is a member and to the public
of which he is very much a part.
3. Rules protective of relation:
a. He is to exert his best effort and
learning in the protection of the
interest of his client
b. He is not to purchase or acquire any
property or interest of his client in
litigation

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