KINDS OF CONFLICT OF INTERESTS a.

Concurrent (or Multiple) representation generally occurs when a lawyer represents clients whose objectives are adverse to each other, no matter how slight or remote such adverse interests may be. b. Sequential (or successive) representation generally occurs when a law firm takes a present client who has an interest adverse to the interest of a former client of the same law firm Requisites of a privileged communication: a. there exists an attorney and client relationship or a kind of consultancy relationship with a prospective client. That is, legal advice is what is sought. b. The communication was made by the client to the lawyer in the course of the lawyers professional employment c. The communication must be intended to be confidential CONFIDENTIAL COMMUNICATION refers to information transmitted by voluntary act or disclosure between attorney and client in confidence and by means which, so far as the client aware, discloses the information to no third person other than one reasonably necessary for the transmission of the information or the accomplishment of the purpose for which it was given. Duration of the privilege the privilege continues to exist even after the termination of the attorney-client relationship. It outlasts the lawyers engagement. The privileged character of the communication ceases only when waived by the client himself or after his death, by his heir or legal representative. Contents of pleadings ceased to be privileged communications after the pleadings have been filed. In the same light, a communication intended by the client to be sent to a third person through his counsel loses its confidential character as soon as it has reached the hands of the third person. TWO-FOLD purpose of the rule a. To encourage a client to make a full disclosure of the facts of the case to his counsel without fear b. To allow the lawyer freedom to obtain full information from his client Without the privilege a client will suppress facts which he believes are unfavorable to him such as incriminatory facts. This will consequently mislead the attorney in the evaluation of the merits of the case and the legal advice he may give or the legal steps he may pursue may not square with the undisclosed facts. Instances when communication is not privileged: 1. when communication is made to a person who is not a lawyer even if such person committed himself to render legal services. 2. When communication is made to a lawyer for some other purpose (such as lease) other than on account of the lawyer-client relationship. When

the advice sought is not legal but involves accounting service or business assistance. PARTIES entitled to invoke the privilege: 1. The client, who is primarily intended to be protected by the privilege; 2. The lawyer himself or the clients employee may claim the privilege in the absence of any waiver on the part of the client 3. The attorneys secretary, stenographer, or clerk who acquired confidential communication in such capacity, save only when the client and the attorney jointly consent thereto.