Canon 15 a Lawyer Shall Observe Candor

8/19/2019 Canon 15 a Lawyer Shall Observe Candor

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

ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.

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Rule 15.01 A lawyer, ! "#!$err!% w&' a (r#)(e"&*e "le!&, )'all a)"er&a!

a) )##! a) (ra"&"a+le w'e&'er &'e a&&er w#ul- !*#l*e a "#!"& w&'

a!#&'er "le!& #r ') #w! !&ere)&, a!- $ )#, )'all $#r&'w&' !$#r &'e

(r#)(e"&*e "le!&.

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Lawyer )'all a)"er&a! (#))+le "#!"& #$ !&ere)&)

• It is the duty of a lawyer -)"l#)e a!- e/(la! a (r#)(e"&*e "le!&

all "r"u)&a!"e) #$ ') rela&#!) &'e (ar&e), and any !&ere)& in

connection with the controversy, which in his honest judgment, might

inuence 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

condence in him.

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Du&y -e"l!e e(l#ye!&

• lawyer should decline professional employment even though how attractive

the fee may be if its acceptance will involve a *#la&#! #$ a!y #$ &'e rule)

#$ &'e le%al (r#$e))#!

• !e may not accept employment from another in a matter adversely a"ecting

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

reposed

•

#or may he handle a case to nullify a contract which he prepared

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Rule 15.0 A lawyer )'all +e +#u!- +y &'e rule #! (r*le%e

"#u!"a&#! ! re)(e"& #$ a&&er) -)"l#)e- ' +y a (r#)(e"&*e

"le!&.

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RE2ISITES OF 3RIVILEGED CO442NICATION

• ttorney-client relationship $or a %ind of consultancy relationship with a

prospective client&

• Communication made by client to lawyer in the course of lawyer's

professional employment

• Communication is intended to be condential$see (ule )*+, ec. )$b&,

(ules of Court&

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Rule #! Re*eal!% Cle!&6) I-e!&&y

Re%ala *). Sa!-%a!+aya!, 7 SCRA 1 81997:

• s a rule, a lawyer may not invo%e privilege communication to refuse

revealing a client's identity.

E/"e(&#!)

). hen by divulging such identity, it would implicate the client to that same

controversy for which the lawyer/s services were re0uired.

. It would open client to civil liability*. The disclosure of such identity will provide

for the only lin% in order to convict the accused, otherwise, the government has no

case

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A lawyer )'all (re)er*e &'e )e"re&) #$ a (r#)(e"&*e "le!&

• 1atters 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.

• (eason2 To ma%e the prospective client discuss freely whatever he wishes

with the lawyer without fear that what he discloses will not be divulged norused against him and for the lawyer to be e0ually free to obtain information

from such prospective client.

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WHEN IS THERE NO

3RIVILEGED CO442NICATION


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• fter pleading has been led 3 once led, the pleading ceases to be a

privileged communication4 it becomes part of public records.

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

counsel 3 it loses its condential character as soon as it reaches the hands of

third person

• hen communication sought by client is intended to aid future

crime5. hen communication between attorney and client is heard by a third

party 3 third party testimony is admissible as evidence

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Rule 15.0;

lawyer shall not represent conicting interests e6cept by written consent of all

concerned given after a full disclosure of the facts.

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Ge!eral Rule A! a&r!ey "a!!#& re(re)e!& a-*er)e !&ere)&.

E/"e(&#! here the parties consent to the representation after full disclosure of

facts.

The TEST in determining Conficting 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 delity and loyalty to his client or invite suspicion of

unfaithfulness in double-dealing in the performance thereof.(Tiana vs. Ocampo)

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(ule )7.+5 lawyer may, with the wr&&e! "#!)e!& #$ all "#!"er!e-, act as

mediator, conciliator or arbitrator in settling disputes.

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(ule )7.+7 lawyer when a-*)!% ') "le!&, shall give a "a!-- a!- '#!e)&

#(!#! #! &'e er&) a!- (r#+a+le re)ul&) #$ &'e "le!&

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Canon 15 a Lawyer Shall Observe Candor