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Unformatted text preview: is client with zeal within the bounds of the law.
(How can Atty X show fidelity, loyalty, or zeal to both clients when their interests are
inversely proportional to each other. YOU CANNOT SERVE TWO MASTERS. Atty X
cannot uphold the interest of the husband without prejudicing the wife, for the most part.)
In case of conflicts on interest, counsel is duty bound to:
Rule 15.01 A lawyer, in conferring with a prospective client, shall ascertain as soon as
11 practicable whether the matter would involve a conflict with another client or his own
interest, and if so, shall forthwith inform the prospective client.
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.
Absent this, this situation is considered UNETHICAL. b. One of the heirs in an estate case is represented by Atty. X, who also happens
to be counsel for one of the banks where the decedent’s monies are deposited.
At a hearing for the examination of the bank manager, Atty. X manifested to the
court that for that hearing only, he cannot represent the clientheir but will act as
the bank’s counsel. VELASCO
Atty. X cannot represent both the clientheir and the bank. Rule 15.03 of the CPR states
A lawyer shall not represent conflicting interests except by written consent of all
concerned given after a full disclosure of the facts.
Only after obtaining written consent from all parties concerned can he participate in the
proceedings. Furthermore, he should have disclosed such facts when his services were
asked by the clients. Rule 15.01 states:
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.
Moreover, in participating in a case/proceeding affecting both parties with conflict of
interest, his representation of one client might create a situation, intentional or
unintentional, where he violates privilege communication with any of his client. 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.
c. Atty. X is the corporate secretary of a trading firm. He was called to testify as a
witness for the prosecution in a case for estafa against the president of his firm.
Rule 12.08 A lawyer shall avoid testifying in behalf of his client, except:
a) on formal matters, such as the mailing, authentication or custody of an instrument,
and the like, or
b) on substantial matters, in cases where his testimony is essential to the ends of
justice, in which event he must, during his testimony, entrust the trial of the case to
Generally, a lawyer shall not be compelled to testify against the president of the firm
12 where he is the corporate secretary of. However, if his testimony is essential to the
prosecution of a criminal case, he can testify.
F. Duty Six: Refrain from Offensive Personalities and Attacks Against Reputation
a. In his memorandum, Atty. X belittles adverse counsel’s abilities and makes fun
of the latter’s arguments, calling them “silly”, “preposterous”, “absurd”. DORIA
Atty. X’s use of offensive language in describing the opposing counsel’s arguments is, in
a way, a harassing tactic and an implied personal attack against the opposing counsel.
This is violative of Canon 8 and Rule 8.01 of the CPR.
Canon 8 A lawyer shall conduct himself with courtesy, fairness and candor towards his
professional colleagues, and shall avoid harassing tactics against opposing counsel.
Rule 8.01 A lawyer shall not, in his professional dealings, use language which is
abusive, offensive or otherwise improper.
b. Atty. X, on cross examination, asks the plaintiff about her drug abuse problem
in a case for nullity of marriage. (For Sum of Money; For Reckless Imprudence;
For Support) FRANCISCO
Lawyers shall not harass a witness. Rule 12.07. A lawyer shall not abuse,
browbeat or harass a witness nor needlessly inconvenience him. Atty. X duty during
cross examination is to always treat adverse witness with fairness and due
Section 20 par. f of Rule 138 of Rules of Courts states that “To abstain from all
offensive personality and to advance no fact prejudicial to the honor or reputation of a
party or witness, unless required by the justice of the cause with which he is charged.”
In Torres vs. Javier
“Utterances made in the course of judicial proceedings are absolutely privileged
so long as they are pertinent and relevant to the subject inquiry. A matter to which the
privilege does not extend must be so palpably in relation to the subject matter of the
controversy that no man can doubt it irrelevancy or impropriety.”
c. Atty. X, in his answer to a complaint where attorneys fees of PhP500,000.00 are
sought, denied plaintiff’s entitlement to such on ground that his counsel took the
bar three (3)...
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This document was uploaded on 03/11/2014.
- Fall '14