There are also instances when even the identity of prospective clients or single consultations with a lawyer cannot be disclosed
A lawyer-client relationship starts when the lawyer and client execute a written agreement stipulating the terms and conditions of their relationship.At this point, “[a] lawyer shall be mindful of the trust and confidence reposed by the client… [and] shall not abuse or exploit the relationship with a client” (Section 6, Canon III, Code of Professional Responsibility and Accountability).“A lawyer shall maintain the confidences of the client [during the existence of such a relationship], and… shall continue even after the termination of the lawyer-client engagement” (Section 27).“The duty to keep client’s confidences applies even if the legal engagement does not materialize or the lawyer is not eventually hired (see Section 24(b), Rule 130. 2019 Rules on Evidence).The absence of a written agreement does not exempt the lawyer from his or her duty to protect the client’s confidences.The lawyer’s duty of non-disclosure of confidential information is to induce freedom of communication between them so that the lawyer can provide competent legal advice.Keeping client’s confidences by the lawyer is known as attorney-client privilege.“[This]… privilege seems first to have been recognized in the 16th century [which]… seemed to have been based upon the honor of the attorney, who could waive it” (Fundamentals of Attorney Client Privilege, A. Kenneth Pye, Dean, Duke University School of Law).“During the 18th century, the courts found a new rationale in protecting the client from apprehension that his confidences might be betrayed. By the middle of the 19th century it was recognized that the privilege belonged to the client” (Fundamentals of Attorney Client Privilege).“At first it existed only when a confidence had been communicated to a lawyer during litigation. Ultimately, it extended to any consultation for legal advice” (Fundamentals of Attorney Client Privilege).“A lawyer may disclose the legal matters entrusted by a client of the firm to the partners and associates, as well as paralegals, legal assistants, law clerks, legal researchers, law interns, and other non-legal staff, who are or will be involved in the handling of the client’s account, unless expressly prohibited by the client” (Section 30, Canon III).Further, “[a] lawyer directly entrusted with a client’s confidences shall adopt necessary measures to prevent other members of the law firm, both legal and non-legal, to whom the client’s confidences have been shared, from disclosing or using them, without the written informed consent of the client” (Section 30, Canon III).“A lawyer shall not reveal the confidences of the client…, except: (a) when a written informed consent is obtained from the client; (b) when required by law… or the Rules of Court; (c) to the extent necessary to collect the lawyer’s fees; (d) in defense of the lawyer or the lawyer’s employees or associates; or (e) by judicial order, but only if material” (Section 28, Canon III).Under the 2019 Rules on Evidence, a lawyer cannot be examined as to any communication or advice given by him or her to a client, except with the latter’s consent.The protection against non-disclosure of confidential information cannot be used if the legal services were sought to commit or plan to commit a crime (see Section 24(b), Rule 130).The privilege will also not apply to communications (a) relevant to an issue between the same parties who claim through the same deceased client; (b) relevant to an issue of breach of duty by the lawyer to his or her client, or vice-versa; (c) relevant to an issue concerning an attested document to which the lawyer is an attesting witness (not acting as a lawyer); or (d) relevant to a matter of common interest between two or more clients who retained or consulted a common lawyer (see Section 24(b), Rule 130).“A lawyer shall continue to be bound by the rule on confidentiality pertaining to clients of his or her previous law office or law firm” (Section 29, Canon III).For example, if the lawyer resigns from a law office or forms his or her own law office, he or she has to keep in confidence all the information received during the tenure in the previous law office.In case a lawyer joins another law office that represents an interest adverse to that of the previous law office’s client, he or she must decline participation in the litigation or legal project involving the said client.The new employer’s law office cannot compel a lawyer to disclose confidences received from the latter’s previous clients.It is a lawyer’s duty “[n]ot [to] discuss a client’s confidences even with family members” (Section 31, Canon III). While it cannot be avoided that members of the family may know the clients a lawyer represents especially if the cases are highly publicized, a lawyer is prohibited from discussing its factual details with them.This prohibition extends equally to private conversations or confidences exchanged in intimate circumstances between spouses, partners, or lovers.Lawyers must be aware that information received in confidence from a client is protected information that cannot be casually disclosed.There are also instances when even the identity of prospective clients or single consultations with a lawyer cannot be disclosed.“A lawyer shall not reveal that he or she has been consulted about a particular case except to avoid possible conflict of interest” (Section 32, Canon III).
