CANON 15 A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN

ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.

-Rule 15.01 A lawyer, in conferring with a prospective client, shall ascertain
as soon as practicable whether the matter would involve a conflict with
another client or his own interest, and if so, shall forthwith inform the
prospective client.
-Lawyer shall ascertain possible conflict of interests

It is the duty of a lawyer to disclose and explain to a prospective client

all circumstances of his relations to the parties, and any interest in
connection with the controversy, which in his honest judgment, might
influence the client in the selection of counsel.

The disclosure is more for the protection of the lawyer than that of the client.

If a lawyer conceals the fact that the adverse party used to be his client, the
new client may have reason to suspect, in case of an unfavourable judgment,
that the circumstance prevented him from the full discharge of his duty.

Concealment of facts material to employment may cause his client to lose

confidence in him.

-Duty to decline employment

A lawyer should decline professional employment even though how attractive

the fee may be if its acceptance will involve a violation of any of the rules
of the legal profession

He may not accept employment from another in a matter adversely affecting

any interest of his former client with respect to which, confidence has been
reposed

Nor may he handle a case to nullify a contract which he prepared

-Rule 15.02 A lawyer shall be bound by the rule on privilege

communication in respect of matters disclosed to him by a prospective
client.
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REQUISITES OF PRIVILEGED COMMUNICATION:

Attorney-client relationship (or a kind of consultancy relationship with a

prospective client)

Communication made by client to lawyer in the course of lawyers

professional employment

Communication is intended to be confidential(see Rule 130, Sec. 21(b),

Rules of Court)

-Rule on Revealing Client's Identity

Regala vs. Sandiganbayan, 262 SCRA 122 (1996)

As a rule, a lawyer may not invoke privilege communication to refuse

revealing a clients identity.

Exceptions:
1. When by divulging such identity, it would implicate the client to that same
controversy for which the lawyer's services were required.
2. It would open client to civil liability3. The disclosure of such identity will provide
for the only link in order to convict the accused, otherwise, the government has no
case
-A lawyer shall preserve the secrets of a prospective client

Matters disclosed by a prospective client to alawyer are protected by the rule

on privileged communications even if the prospective client does not
thereafter retain the lawyer or the lawyer declines the employment.

Reason: To make the prospective client discuss freely whatever he wishes

with the lawyer without fear that what he discloses will not be divulged nor
used against him and for the lawyer to be equally free to obtain information
from such prospective client.

-WHEN IS THERE NO
PRIVILEGED COMMUNICATION:

After pleading has been filed once filed, the pleading ceases to be a
privileged communication; it becomes part of public records.

Communication intended by the client to beset to a third person through his

counsel it loses its confidential character as soon as it reaches the hands of
third person

When communication sought by client is intended to aid future

crime4. When communication between attorney and client is heard by a third
party third party testimony is admissible as evidence

-Rule 15.03
A lawyer shall not represent conflicting interests except by written consent of all
concerned given after a full disclosure of the facts.
-General Rule : An attorney cannot represent adverse interest.
Exception: Where the parties consent to the representation after full disclosure of
facts.
The TEST in determining Conflicting Interest: The test is whether or not
the acceptance of a new relation will prevent an attorney from the full discharge of
his duty of individual fidelity and loyalty to his client or invite suspicion of
unfaithfulness in double-dealing in the performance thereof.(Tiana vs. Ocampo)
-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 of the clients case, neither
overstating nor understating the prospects of the case.
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