Problem Areas in Legal Ethics

1. A, then a solo practitioner was a lawyer of Mrs B in an estate proceedings case ten years ago.
A now belongs to ABC Law office. ABC Law Office was retained by some employees to file
illegal dismissal cases against Mrs. B. Can ABC Law Office appear for and in behalf of the
employees? Why? State the pertinent rule or canon under the Code of Professional
Responsibility if there is any.

No, ABC Law Office cannot appear in behalf of the aggrieved employees. A as a lawyer should
not, even after the severance of his relation with his former client Mrs B, do anything which will
injuriously affect Mrs B in any matter in which he previously represented her. However, ABC
Law Office may act as a counsel, with full disclosure to their clients, against Mrs B in a matter
wholly unrelated to that of the previous employment, there being in that instance no conflict of
interest. A cannot just claim that the lawyer-client relationship between him and Mrs B has long
been severed without securing a written consent from his 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.
What A owes to his former client is to maintain inviolate the client’s confidence or to refrain
from doing anything which will injuriously affect him in any matter in which he previously
represented her. That duty does not arise where the present litigation involving a former client
is in no way related to the subject matter of the former client’s action.

2. The Retainer’s Contract between Atty Rivera and Mrs Lagdameo states that the services of
Atty Rivera are only up to the level of the Regional Trial Court. The case went up to the Court
of Appeals when the opposing party lost before the RTC. Being the counsel on record, the CA
required Atty Rivera to file an Appellee’s Brief. Atty Rivera failed to do so contending that he is
only counsel for Mrs Lagdameo before the RTC per agreement. The case was lost on appeal.
Is Atty Rivera liable administratively? Argue.

Canon 17. A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust
and confidence reposed in him.

When a lawyer takes a client’s cause, he thereby covenants that he will exert all effort for its
protection until its final conclusion.

3. Until when is the duty of a lawyer to keep the confidences of his client?

The lawyer’s duty to maintain inviolate his client’s confidence is perpetual. It outlasts even the
lawyer’s employment. He may not do anything which will injuriously affect his former client nor
may he at any time disclose or use against him any knowledge or information acquired by
virtue of professional relationship. Neither does not cease with the termination of the litigation
nor is it affected by the party’s ceasing to employ the attorney and retaining another, or by any
other change of relation between them. It even survives the death of the client.

a. What is the rationale for this?

Reason for the rule

(1) This duty exists because unless the client knows that his attorney cannot be compelled
to reveal what is told to him, he will suppress what he thinks to be unfavorable and the
advice which follows will be useless if not misleading.
 (2) The purpose of the attorney-client privilege is to encourage a client to make full
disclosure to his attorney and to place unestricted confidence in him in matters affecting his
rights or obligations.

b. What communication is covered by the confidentiality?

There is a difference between confidences and secrets of clients. While confidences refer
to information protected by attorney-client privilege under the Revised Rules of Court
(information pertinent to the case being handled), secrets are those other information
gained in the professional relationship that the client has requested to be held inviolate or
the disclosure of which would be embarrassing or would likely be detrimental to client
(information not exactly pertinent to case).
Once conveyed to lawyer, confidentiality attaches not only to statements but also to other
forms of communication.
Embraces not only oral or written statements but actions, signs or other means of
communications.

c. Does the rule admit exceptions? If it does, what are the exceptions to the rule against
disclosure of client’s secret?

Yes. Rule 21.01. A lawyer shall not reveal the confidence or secrets of his client except:
(a) When authorized by the client after acquainting him of the consequences of the
disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to defend himself, his employees or associates or
by judicial action.

4. Atty. Malabanan expressed disappointment with his client Mr Tuazon for the various times that
the latter argued with him re the way the case is being handled. The situation became worse
when they refused to communicate with each other. In one of the hearings of the case, Mr
Tuazon went directly to the opposing party and settled the case with them. He signed the
Compromise Agreement by himself without any provision on the payment of attorney’s fees. Is
the Compromise Agreement valid? If you were Atty Malabanan, what would you do under the
circumstances?

Rule 19.03. A lawyer shall not allow his client to dictate the procedure in handling the case.

5. You are a lawyer for Mr Gomez, the plaintiff in a civil case for rescission of contract. The
prospects for an amicable settlement look bright. Impressed by your ability, Mr Tan, the
defendant, would like to retain you as his defense counsel in a criminal case for homicide
through reckless imprudence. Would you accept the offer? Why?

The conflict of interests between the contending clients may reach such a point that,
notwithstanding their consent to the common representation, the lawyer may be suspected of
disloyalty by one client.

6. The spouses Manny and Juvy Alonzo retained the services of Atty Gomez to file the necessary
case for the recovery of their ownership and possession of a parcel of land which was
supposedly unlawfully taken over by Julio Evangelista. Atty Gomez filed a case for ejectment
against Julio Evangelista before the MTC. The MTC however, dismissed the case saying that it
has no jurisdiction over the case as the suit that should have been filed is one for Accion
Publiciana before the RTC. The spouse were disappointed and intend to file an administrative
case against Atty Gomez for negligence. Will the case prosper? Why?

Negligence binds client. A client is bound by the acts, even mistakes, of his counsel in the
realm of procedural technique. However, a lawyer is not liable for mere error in judgment.
Lawyers, cannot, after due diligence, be held accountable for losing a litigation. Otherwise,
every unsuccessful litigant might recover damages from lawyer after every defeat, and that
would make the lawyer’s position hazardous.
Liability on the part of the lawyer arises only when his error or misconduct in the discharge of
his duties is so gross and deprives the client of due process.