Gladys D.

Macapagal 2016400012 Legal Counseling 3A

Movie: Roman J. Israel, Esq.

In the movie, Roman J. Israel, Esq., Israel was a lawyer working at a small firm.
At first, he was very righteous as this is what he believes to be the justice. After the
death of the owner of the small law firm he works at, he even rejected the offer of
George Pierce, the owner of the small firm’s former student, to work at a large firm
believing that Pierce is a greedy lawyer.

Reluctantly, he accepted a case from Pierce and was assigned to Derrell

Ellerbee, a young man arrested for murder. Ellerbee told Israel that he is willing to tell
the police of the whereabouts of the actual shooter, longtime criminal Carter Johnson.

Israel, however, used the information he received from Ellerbee to anonymously collect
the $100,000 reward for Johnson’s location.

Under the Philippine Laws:

Code of Professional Responsibility

Rule 15.03. A lawyer shall not represent conflicting interests except by written
consent of all concerned given after full disclosure of the facts.

Rule 21.01. A lawyer shall not reveal the confidence or secrets of his client
except:

a) When authorized by the client after acquainting him of the consequences of

the disclosure;

b) When required by law;

c) When necessary to collect his fees or to defend himself, his employees or

associates or by judicial action.

Rule 21.02. A lawyer shall not, to the disadvantage of his client, use information
acquired in the course of employment, nor shall use the same to his own advantage or
that of a third person, unless the client with full knowledge of the circumstances
consents thereto.
Rules of Court

Rule 138, Sec. 20 – It is the duty of an attorney:

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(e) to maintain inviolate the confidence, and at every peril to himself, to preserve
the secrets of his client, and to accept no compensation in connection with his client's
business except from him or with his knowledge and approval;

Revised Penal Code

Art. 209. Betrayal of trust by an attorney or solicitor – Revelation of secrets. ---- In

addition to the proper administrative action, the penalty of prision correcional in its
minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed
upon any attorney-at-law or solicitor (procurator judicial) who, by any malicious breach
of professional duty or inexcusable negligence or ignorance, shall prejudice his client or
reveal any of the secrets of the latter learned by him in his professional capacity.

In this movie, Israel used the information he obtained from his client for his own
personal gain and without the knowledge and consent of Ellerbee. His acts were clearly
violative of Rule 15.03, Rule 21.01-02 of the Code of Professional Responsibility and
Art. 209 of the Revised Penal Code if the same circumstances are to be applied in the
Philippine setting.
Gladys D. Macapagal 2016400012 Legal Counseling 3A

Movie: And Justice for All

In the movie “And Justice for All”, Arthur Kirkland was requested to defend Judge
Henry T. Fleming, a judge he had an ill-feelings to, the latter being accused of
assaulting and raping a young woman. Arthur talked to Bower, the prosecutor, to just
drop the case but Bower refused recognizing the prestige he will earn if he convicted a
judge.

During the trial, Fleming made a casual remark about wanting to rape the woman
again. Disgusted, Arthur declared that his client is guilty.

Under the Philippine laws:

Code of Professional Responsibility

Rule 17. A lawyer owes fidelity to the cause of his client and he shall be mindful
of the trust and confidence reposed in him.

Rule 21.01. A lawyer shall not reveal the confidence or secrets of his client
except:

a) When authorized by the client after acquainting him of the consequences of

the disclosure;

b) When required by law;

c) When necessary to collect his fees or to defend himself, his employees or

associates or by judicial action.

Rule 22.01. A lawyer may withdraw his services in any of the following case:

(a) When the client pursues an illegal or immoral course of conduct in connection with
the matter he is handling;

(b) When the client insists that the lawyer pursue conduct violative of these canons and
rules;

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Rules of Court
Rule 138 of Revised Rules of Court
Sec. 20. It is the duty of an attorney:
XXX
(e) To maintain inviolate the confidence, and at every peril to himself, to preserve
the secrets of his client, and to accept no compensation in connection with his client’s
business except from him or with his knowledge and approval.
Revised Penal Code

Art. 209. Betrayal of trust by an attorney or solicitor – Revelation of secrets. ---- In

addition to the proper administrative action, the penalty of prision correcional in its
minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed
upon any attorney-at-law or solicitor (procurator judicial) who, by any malicious breach
of professional duty or inexcusable negligence or ignorance, shall prejudice his client or
reveal any of the secrets of the latter learned by him in his professional capacity.

In our laws, a lawyer has fiduciary duty of fidelity to his client. As long as a lawyer
accepted a case, he is bound to the privileged communication as a matter of the client-
lawyer relationship, regardless of the guilt of the client. In my opinion, it is better to not
accept the case since from the beginning, Arthur and his client, Fleming never saw each
other eye-to-eye because of their ill-feelings towards each other. Our law allows
withdrawal of the services of the lawyer as provided in Rule 22 of the Code of
Professional Responsibility.