1

Republic of the Philippines

TARLAC STATE UNIVERSITY
SCHOOL OF LAW

D. Does a request for a legal opinion and a response done

through the internet give rise to a lawyer-client relationship?

YES. A request for a legal opinion and a response done through the
internet give rise to a lawyer-client relationship.

Technological advancement has gradually affected the legal services in

today’s world. The growing reliance by lawyers to the technologies such as doing
research in the internet, communication through electronic mails and social
media, and even sending of electronic documents.

A request of a legal opinion and a response done for it give rise to a lawyer–
client relationship. This type of relationship can occur in different ways which
are as follows: 1) a formal letter of engagement or contract for legal service is
signed by the attorney and client; 2) a client pays a retainer or makes a payment
to an attorney in exchange for legal services; and a person asks an attorney for
legal advice and the attorney provides it (even if no payment has been made and
no contract for legal services has been signed).1

Canon 14 of the Code of Professional Responsibility provides that “a

lawyer shall not refuse his services to the needy.”2 In relation to Canon 15 of
the same code3 states that,
“A lawyer shall observe candor, fairness and loyalty in all
his dealings and transactions with his clients.

Rule 15.04. - A lawyer may, with the written consent of all

concerned, act as mediator, conciliator or arbitrator in
settling disputes.

Rule 15.05. - A lawyer when advising his client, shall give a

candid and honest opinion on the merits and probable results

1
Solo in Colo <http://www.soloincolo.com/when-does-an-attorney-client-relationship-exist> accessed in February
19, 2019
2
Canon 14, Chapter IV. The Lawyer and the Client. Code of Professional Responsibility, 1988
3
Canon 15, Chapter IV. The Lawyer and the Client. Code of Professional Responsibility, 1988
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Republic of the Philippines
TARLAC STATE UNIVERSITY
SCHOOL OF LAW

of the client's case, neither overstating nor understating the

prospects of the case.

xxx

Rule 15.07. - A lawyer shall impress upon his client

compliance with the laws and the principles of fairness.
(emphasis supplied)

In the case at bar, Manuel asking for legal advice from Louis through an
e-mail has already form a lawyer-client relationship even though there is no
formal letter or an exchange of payment. In the message of Manuel to Louis, he
asked him to give a legal advice as his friend. In a mere conversation with a
‘friend’ and as a ‘friend’ about a legal matter, Louis had already established a
lawyer-client relationship even without realizing it. It is also important to
understand that in this kind of relationship, the lawyer has responsibility over
his client. In addition, Louis shall not refuse in giving his legal services to
Manuel even though Manuel had already committed an adulterous act and his
plan about the birth simulation.

In the existence of a lawyer-client relationship, Louis must be fair and

loyal to Manuel although Wendy is also his friend. He must be honest with all
the possible consequences of the action of Manuel in having a birth simulation
and the adoption of his own child without the knowing of Wendy. Furthermore,
he must base all his legal opinion on laws and principles governing the case of
Manuel. A legal opinion based on his own conviction or religious conviction is
not acceptable and a violation on the said above-mentioned canon.

Therefore, Louis having a lawyer-client relationship should be responsible

with his client – Manuel and must be observe the fairness and honesty in all his
dealings and transactions regarding the said case.