Rule 14.03.

A lawyer may refuse to accept representation of an indigent client unless:

a. He is not in a position to carry out the work effectively or competently;
b. He labors under a conflict of interests between him and the prospective client or between
a present client and the prospective client.

Reason: One of the burdens of the privilege to practice law is to render, when so required by the court,
free legal services to an indigent litigant.

Even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person
concerned if only to the extent necessary to safeguard the latter’s rights. 1

However, if the lawyer is inexperienced on the nature of the case for which he is being engaged, he must
be open and candid enough to tell the prospective client about it.

If the lawyer would be confronted with possible conflict of interests in accepting a case, he is excused
from the directive of the rule. Another rule 2 prohibits representations of conflicting of interests. It must be
noted, the prohibited act is also an offense under Article 209 of the Revised Penal Code (Betrayal of Trust
by an Attorney or Solicitor – Revelation of Secrets).

Rule 14.04. A lawyer who accepts the cause of a person unable to pay his professional fees shall
observe the same standard of conduct governing his relations with paying clients.

Effect of Acceptance of Fee with Knowledge of its Nature and Purpose

Acceptance by the lawyer of fee knowing its nature and purpose effectively barred him from altogether
disclaiming the existence of an attorney-client relationship. this is despite the fact that the complainant,
after such payment, let almost two years passed without communicating with his lawyer and deal with
him only after an adverse decision has been rendered. 3

Every case a lawyer accepts deserves full attention, diligence, skill, and competence regardless of its
importance and whether he accepts it for a fee or for free. It bears emphasis that a client is entitled to the
benefit of any and every remedy and defense that is authorized by the law and expects his lawyer to assert
every such remedy or defense.4

CIRCUMSTANCES WHICH DO NOT ESTABLISH AN ATTORNEY CLIENT

RELATIONSHIP:

• That an attorney for buyer wrote letters to tenants giving them a period to exercise their preferential
right to buy the land, that he prepared the deed of sale in favor of the buyer, and that he charged the seller
the fees for such services do not make the attorney the counsel for the seller as those matters were
wrapped up in the sale, and could have been done as counsel for the buyer in the furtherance of the
latter’s interests.

• By helping an appellant perfect his appeal but without entering his appearance or signing a pleading.

• Signing a pleading for and on behalf of another counsel of record

1
CODE OF PROFESSIONAL RESPONSIBILITY, rule 2.02, canon 2.
2
Id., rule 15.03, canon 15.
3
Villafuerte v. Cortez, A.C. No. 3455 (1998).
4
Sarenas-Ochagabia v. Ocampos, 421 SCRA 286, 290 (2004).