Hilado Versus David Case Digest

G.R. No.
L-961 September 21, 1949

BLANDINA GAMBOA HILADO, petitioner,
vs.
JOSE GUTIERREZ DAVID, VICENTE J. FRANCISCO, JACOB ASSAD and SELIM JACOB
ASSAD, respondents.
FACTS:
Petitioner alleged that she and the counsel for the defendant had an attorney-client relationship
with her when, before the trial of the case, she went to defendants counsel, gave him the
papers of the case and other information relevant thereto, although she was not able to pay him
legal fees. That respondents law firm mailed to the plaintiff a written opinion over his signature
on the merits of her case; that this opinion was reached on the basis of papers she had
submitted at his office; that Mrs. Hilado's purpose in submitting those papers was to secure
Attorney Francisco's professional services. Atty. Francisco appeared as counsel for defendant
and plaintiff did not object to it until (4) months after. Then, plaintiff moved to dismiss the case
between her and defendant.

Issue:
Was there an attorney-client relationship between plaintiff and Atty. Francisco?
Held:
YES. In order to constitute the relation a professional one and not merely one of principal and
agent, the attorneys must be employed either to give advice upon a legal point, to prosecute or
defend an action in court of justice, or to prepare and draft, in legal form such papers as deeds,
bills, contracts and the like.
To constitute professional employment it is not essential that the client should have employed
the attorney professionally on any previous occasion. It is not necessary that any retainer
should have been paid, promised, or charged for; neither is it material that the attorney
consulted did not afterward undertake the case about which the consultation was had. If a
person, in respect to his business affairs or troubles of any kind, consults with his attorney in his
professional capacity with the view to obtaining professional advice or assistance, and the
attorney voluntarily permits or acquiesces in such consultation, then the professional
employment must be regarded as established.
An attorney is employed-that is, he is engaged in his professional capacity as a lawyer or
counselor-when he is listening to his client's preliminary statement of his case, or when he is
giving advice thereon, just as truly as when he is drawing his client's pleadings, or advocating
his client's cause in open court. An acceptance of the relation is implied on the part of the
attorney from his acting in behalf of his client in pursuance of a request by the latter.
That only copies of pleadings already filed in court were furnished to Attorney Agrava and that,
this being so, no secret communication was transmitted to him by the plaintiff, would not vary
the situation even if we should discard Mrs. Hilado's statement that other papers, personal and
private in character, were turned in by her. Precedents are at hand to support the doctrine that
the mere relation of attorney and client ought to preclude the attorney from accepting the
opposite party's retainer in the same litigation regardless of what information was received by
him from his first client.
An attorney, on terminating his employment, cannot thereafter act as counsel against his client
in the same general matter, even though, while acting for his former client, he acquired no
knowledge which could operate to his client's disadvantage in the subsequent adverse
employment
"A retaining fee is a preliminary fee given to an attorney or counsel to insure and secure his
future services, and induce him to act for the client. It is intended to remunerate counsel for
being deprived, by being retained by one party, of the opportunity of rendering services to the
other and of receiving pay from him, and the payment of such fee, in the absence of an express
understanding to the contrary, is neither made nor received in payment of the services
contemplated; its payment has no relation to the obligation of the client to pay his attorney for
the services which he has retained him to perform."

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G.R. No.

L-961 September 21, 1949

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