Code of Professional Responsibility

Rule
15.02

PRIVILEGED COMMUNICATION

A lawyer shall be bound by the rule on privileged

communication in respect of matters disclosed to him
by a prospective client.
IN RELATION TO CANON 15 IS
CANON 21.
A lawyer shall preserve the confidences and secrets of his client
even after the attorney-client relation is terminated.

Exceptions:
a) When the revelation is authorized by the client after having been
acquainted of the consequences of the disclosure;
b) When the revelation is required by law;
c) When necessary to collect the lawyer’s fees or to defend
himself, his employees, or associates or by judicial action.
 RULE 130, SEC. 24(B), RULES OF COURT

An attorney cannot, without the consent of his client, be

examined as to any communication made by the client to
him or his advice given thereon in the course of
professional employment; nor can an attorney’s secretary,
stenographer, or clerk be examined, without the consent of
the client and his employer, concerning any fact the
knowledge of which has been acquired in such capacity.
PRIVILEGE APPLIES EVEN TO A MERE PROSPECTIVE CLIENT.
REQUISITES OF PRIVELEGED COMMUNICATION

◈ There exists an attorney and client relationship or a kind of

consultancy relationship with a prospective client;
◈ The communication was made by the client to the lawyer in
the course of the lawyer’s professional employment; and
◈ The communication must be intended to be confidential
-Uy Chico v. Life Union Ass. Society 29 Phil. 163
NO PRESUMPTION OF CONFIDENTIALITY

The mere relation of attorney and client does not raise a

presumption of confidentiality.

The client must intend the communication to be confidential.

DURATION OF THE PRIVILEGE