Practice question
A client consults a person reasonably believed to be a licensed lawyer for legal advice, intending confidentiality. The opponent says Section 24(b) can never apply because the adviser later turns out not to be licensed. No exception or consent is shown. Which is correct?
- Actual licensing is the only possible basis under the current text
- The communication is automatically public
- A mistaken belief always forfeits every privilege
- The current provision includes a person reasonably believed by the client to be licensed, subject to the other requirements and exceptions
- Only written legal advice can be protected
Legal references
- A.M. No. 19-08-15-SC, Rule 130, Sections 21, 23–24.
- Reviewed primary authority, Rule 130, Sections 21, 23–24, current amended text: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html
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