Canon 21 - A Lawyer Shall Preserve The Confidence and Secrets of His Client Even After The Attorney-Client Relation Is Terminated. Rule 21.03

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 1

CANON 21 – A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT

EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED.


Rule 21.03 – A lawyer shall not, without the written consent of his client, give information from his files
to an outside agency seeking such information for auditing, statistical, bookkeeping, accounting, data
processing, or any similar purpose.
A written consent is required under the Code, in order for a lawyer to be authorized to disclose
or provide and information from his files to any outside agency for purposes of auditing, statistics,
bookkeeping, accounting, data processing and the like.
Rule 21.04 – a lawyer may disclose the affairs of a client of the firm to partners or associates thereof
unless prohibited by the client.
In the event that a lawyer belongs to a law firm, he may be required to disclose the affairs or
developments of the case of his client during weekly or monthly meetings unless, the client has
expressly prohibited him from making any disclosure.
Rule 21.05 – A lawyer shall adopt such measures as may be required to prevent those whose services
are utilized by him, from disclosing or using confidences or secrets of the clients.
Premised on the fiduciary nature of his engagement as well as the privileged nature of
information or communication he receives from his client, a lawyer is duty-bound to institute measures
which will ensure that any and all information as well as secrets given to him in confidence remain
privileged and restricted.
Rule 21.06 – A lawyer shall avoid indiscreet conversation about a client’s affairs even with members
of his family.
Still in connection with the fiduciary nature of an attorney-client relationship, a lawyer is
prohibited from engaging in discreet conversation regarding his client’s affairs even with members of
his own family.
Rule 21.07 – A lawyer shall not reveal that he has been consulted about a particular case except to
avoid possible conflict of interest.
To reiterate, note that the High Court has declared that a lawyer is bound to comply with Canon
21 of the Code of Professional Responsibility which states that “a lawyer shall preserve the confidences
and secrets of his client even after the attorney-client relation is terminated”. The reason for the
prohibition is found in the relation of attorney and client, which is one of trust and confidence of the
highest degree. A lawyer becomes familiar with all the facts connected with his client’s case. He learns
from his client the weak points of the action as well as the strong ones. Such knowledge must be
considered sacred and guarded with care.

You might also like