Zayas, Jannie Jen G.

Mahinay, Jenny Lyn O.

A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY
IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS

A lawyer, in conferring with a prospective A lawyer shall not represent conflicting

client, shall ascertain as soon as
practicable whether the matter would
involve a conflict wiith another client or
his own interest, and if so, shall forthwith
inform the prospective client.
interests except by written consent of all
concerned given after a full disclosure of
the facts.

A lawyer shall be bound by the rule on A lawyer may, with the written consent of
privilege communication in respect of all concerned, act as mediator,
matters disclosed to him by a conciliator or arbitrator in setting the
prospective client. diputes.
A lawyer owes absolute fidelity to the cause of his client
• The relationship of an attorney and client is strictly personal and highly
confidential.
• It demands of an attorney an undivided allegiance, a conspicuous and high degree
of good faith in all his dealings and transactions with his clients and an utter
renunciation of every personal advantage conflicting in any way, directly or
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indirectly, with the interest of his client HEADER
• If they find that their client’s cause is defenseless, then it is their bounden duty to
advise the latter to accept and submit rather than to traverse the incontrovertible.

Confidentiality Rule
• A lawyer shall preserve the confidences and secrets of his client even after the
attorney-client relation is terminated.
• It is one of the duties of a lawyer, as provided for in the Rules of Court, to maintain
inviolate the confidence, and at every peril to himself, to preserve the secrets of his
client.
• Duration of privileged communication continues to exist even after the termination
of the attorney-client relationship.
 A lawyer, in conferring with a
prospective client, shall ascertain as
soon as practicable whether the
matter would involve a conflict wiith
another client or his own interest, and
if so, shall forthwith inform the
prospective client.
A lawyer shall ascertain possible conflict of interest

• 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
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interest in or connection with the controversy,
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which in his honest
judgment might influence the client in the selection of counsel.
• A lawyer should decline professional employment even though how
attractive the fee offered may be if its acceptance will involve a
violation of any of the rules of the legal profession.
 Three tests to determine existence of
conflict of interest
Conflicting Duties Use of Prior Knowledge
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Invitation of Suspicion
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When,Conflicting
on behalf Obtained Whether the acceptance of
Dutiesof one Use of Prior Knowledge
client, it is the attorney’s Whether Obtained
a lawyer will be the Invitation
new ofrelation
Suspicion will
When, on behalf of one client, it is prevent a lawyer
Whether the acceptancefromof the
the
dutyattorney’s
the to contest for that
duty to contest for called upon
Whether a lawyerinwillhis new
be called
which
that his his
which dutydutytotoanother
another relation
upon in histonew
userelation
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use full discharge
new of his
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prevent
first client
the any
first knowledge lawyer from thefidelity
undivided full discharge of
and
clientrequires
client requires him to
him to Oppose or against client any
when possibility of such situation knowledge his duty of
loyalty toundivided
his client fidelity and
or will
Oppose or when possibility acquired inacquired in the
the previous
will loyalty
invite to his suspicion
client or will invite
of develop.
such situation will previous employment.
employment. suspicion of unfaithfulness
of
or
develop. unfaithfulness or double-
double-dealing in the
dealing in the performance
performance thereof.
thereof.
 Types of conflict of interest
Concurrent or multiple
representations
Generally occurs when a lawyer
represents clients whose objectives
are adverse to each other, no matter
how slight or remote such adverse
interest may be.
Sequential or successive
representation
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Involves
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firm of a present client who may
have an interest adverse to a prior
or former client of the firm
What If?

• There is no conflict of interest in a situation where a lawyer

represents his present client against his former client, so long as no
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confidential information acquired during
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the previous employment
was used against the former client by the lawyer. The prohibition
does not cover a situation where the subject matter of the present
engagement is totally unrelated to the previous engagement of the
attorney.
A lawyer shall be bound by the rule on
privilege communication in respect of
matters disclosed to him by a
prospective client.
Two-Fold Purpose of the Rule

1. To encourage a client to make a full disclosure of the facts of the

case to his counsel without fear, and
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2. To allow the lawyer freedom
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to obtain full
information from his client
Disclosure of a prospective client

1. Matters disclosed by a prospective client to a lawyer are protected

by the rule on privileged communication even if the prospective
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client does not thereafter retain the lawyer
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or the latter declines the
employment.
2. It covers crimes and offenses already committed by the client.

Reason:
The reason for this is to make the prospective client free to discuss
whatever he wishes with the lawyer without fear that what he tells the
lawyer will be divulged or used against him, and for the lawyer to be
equally free to obtain information from the prospective client.
PRIVILEGED COMMUNICATION

- A privileged communication is one that refers to information

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transmitted by voluntary act of disclosure between attorney and client
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in confidence and by means of which, in so far as the client is aware,
discloses the information to no third person other than one reasonably
necessary for the transmission of the information or the
accomplishment of the purpose for which it was given.
Requisites of privileged communication

1. There is attorney-client relationship or a kind of consultancy

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requirement with a prospective client;
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2. The communication was made by the client to the lawyer in the

course of the lawyer’s professional employment; and

3. The communication must be intended to be confidential.

Coverage of the attorney-client privilege

1. Lawyer
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2. Client HEADER
3. Third persons who by reason of their work have acquired
information about the case being handled such as:
4. Attorney’s secretary, stenographer and clerk;
5. Interpreter, messengers and agents transmitting communication;
and
6. An accountant, scientist, physician, engineer who has been hired
for effective consultation
Characteristics of privileged communication

1. Attorney-client privilege where legal advice is professionally sought

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from an attorney. HEADER
2. The client must intend the above communication to be confidential.
3. Attorney-client privilege embraces all forms of communication and
action.
4. As general rule, attorney-client privilege also extends to the
attorney’s secretary, stenographer, clerk or agent with reference to
any fact acquired in such capacity.
5. The above duty is perpetual and communication is absolutely
privileged from disclosure. 6. Persons entitled to claim privileges
The duration of privileged communication continues to exist even after
the termination of the attorney-client relationship.
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Except in certain circumstances it may cease only when waived by the

client himself or after his death, by his heir or legal representative and
instances when communication is not privileged.
 A lawyer shall not represent
conflicting interests except by written
consent of all concerned given after a
full disclosure of the facts.
An attorney cannot represent diverse interests. It is highly improper to
represent both sides of an issue. The proscription against
representation of conflicting interest finds application where the
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conflicting interest arise with respect toHEADER
the same general matter and is
applicable however slight such adverse interest may be. It applies
although the attorney’s intention and motives were honest and he
acted in good faith.

Representation of conflicting interest may be allowed where the parties

consent to the representation after full disclosure of facts.
Reason for the Prohibition: INPUT
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Found in the Relation of Attorney and Client , which one of trust and
confidence of the highest degree. A lawyer becomes familair with all the
facts connected with his client's case. He leams 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.
A lawyer may at a certain stage of the controversy and before it
reaches the court represent conflicting INPUT
interests with the express
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written consent of all parties concerned given after disclosure of the
facts. The disclosure should include an explanation of the effects of
the dual representation, such as the possible revelation or use of
confidential information.

An attorney owes loyalty to his client not only in the case in which he
has represented him but also after relation of attorney and client has
terminated.
Lawyers cannot represent conflicting interest even if the consent of both
clients were secured, where the conflict is:
1. Between the attorney’s interest and that of a client; or
2. Between a private client’s interests and that of the government or any of its
instrumentalities. INPUT
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Effects of representing adverse interests:

1. Disqualification as counsel of new client on petition of former client;
2. Where such is unknown to, and becomes prejudicial to the interests of the
new client, a Judgment against such may, on that ground, be set aside;
3. The attorney’s right to Fees may be defeated if found to be related to such
conflict and such was objected to by the former client, or if there was a
concealment and prejudice by reason of the attorney’s previous
professional relationship with the opposite party;
4. A lawyer can be held Administratively liable through disciplinary action and
may be held Criminally liable for betrayal of trust.
A lawyer may, with the written consent
of all concerned, act as mediator,
conciliator or arbitrator in setting the
diputes.
Rule 15.04 of the Code allows a lawyer, with the written consent of all
concerned, to “act as mediator, conciliator or arbitrator in settling
disputes.” His knowledge of the law and his reputation for fidelity may
make it easy for the disputants to settle their differences amicably.

However, the lawyer shall not act as counsel for any of them, otherwise
the rule prohibiting representation of conflict of interests will apply.
THANK YOU