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Canon of Professional Responsibility

Canon 15

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.

Conflicting Interest
Inconsistency in the interests of two or more opposing parties. It is the lawyers duty to fight for an issue or claim but it is his duty to oppose it for the other client (Canon 6, CPE)

Canon 15

Probability, not certainty of Conflict


Respondents serving both security agencies (Quiambao vs. Bamba) A lawyer represents both the corporation and its assailed directors unavoidably give rise to a conflict of interest (Hornilla vs. Salunat)

Canon 15

Falame vs. Atty. Baguio


The rule is grounded in the fiduciary obligation of loyalty. In the course of a lawyer-client relationship, the lawyer learns all the facts connected with the clients case, including the weak and strong points of the case. The termination of attorney-client relationship provides no justification for a lawyer to represent an interest adverse to or in conflict with that of the former client.
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A lawyer who having undertaken the defense of a client shall undertake the defense of the opposing party in the same case without the consent of the first client shall be liable criminally for the offense of betrayal of trust by an attorney punishable under 2nd par. Of Art. 209 of the RPC.
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Art. 209 Betrayal of Trust of an Attorney


Revelation of Secrets the penalty shall be imposed upon an attorney-at-law or solicitor (procurador judicial) who, having undertaken the defense of a client or having received confidential information from said client in a case, shall undertake the defense of the opposing party in the same case, without the consent of his first client.
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Undivided Allegiance to Client


After being retained and receiving the confidences of the client, he cannot, without the free and intelligent consent of his client and for one whose interest is adverse to, or conflicting with that of, his client in the same general.

Canon 15

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 of the case.

Canon 15

Overstatement or understatement
Overstatement = heavy pressure will employ any means to win the case at all cost and be blind to ethical rules Understatement = grave anxiety and will affect trust to handle case > constrain him to seek advice from another lawyer who can give him peace of mind
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Rule 15.08
A lawyer who is engaged in another profession or occupation, concurrently with the practice of law shall make to his client whether he is acting as a lawyer or in another capacity.

Canon 15

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Canon 15

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