LAWYER-CLIENT RELATIONSHIP

Narag, Maramag, Agustin, Baquiran, Simangan, Cabling, Baclig, Pattaguan, Cabauatan,

Roman Law concepts:

1. locatio conduction operarum (contract of lease of services) where one lets his services for compensation and another hires them without reference to the object which the services are to be performed; and 2. mandato (contract of agency) whereby a friend on whom reliance could be placed makes a contract in his name but gives up all that he gained by the contract to the person who requested him.

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. The relation of attorney and client begins from the time an attorney is retained. The term retainer may refer either of two concepts. It may refer to the act of a client by which engages the services of the attorney: 1. to render legal advice, or 2. to defend or prosecute his cause in court. Retainer may also refer to the fee which a client pays to an attorney when the latter is retained known as retaining fee.

Rule 138, Section 21, Rules of Court

General Retainer

Special Retainer

is one the purpose of which is to secure before hand the services of an attorney for any legal problem that may afterward arise.

has reference to a particular case or service

Existence of Attorney-Client Relationship

Documentary Formalism NOT an essential element in the employment of an attorney, contract may be EXPRESSED OR IMPLIED.

Implied acceptance it is sufficient that advice and assistance of an attorney is sought and received in any matter pertinent to his profession; it is enough that a lawyer acceded to a clients request.

Termination of a Counsels Services

1. The withdrawal as counsel of a client or the dismissal by the client of his counsel must be made in a FORMAL PETITION filed in the case (WITHDRAWAL OF RECORD) 2. Atty-client relationship does not terminate formally until there is withdrawal made of record. 3. Unless properly relieved, counsel is responsible for the conduct of the case.

Nature of Relation
1. Strickly personal 2. Highly confidential 3. Fiduciary