Canon 15:

A lawyer shall observe candor,

fairness and loyalty in all his dealings and transactions with his clients

Rule 15.01
A lawyer in conferring with prospective

client, shall ascertain as soon as practicable whether the matter would involve a conflict of interest, and if so, shall forthwith inform the prospective clients.

What is conflict of interest?

A term used to describe the situation in which a public official or fiduciary who, contrary to the obligation and absolute duty to act for the benefit of the public or a designated individual, exploits the relationship for personal or pecuniary benefit.
The appearance of a conflict of interest is present if there is a potential for the personal interests of an individual to clash with fiduciary duties Incompatibility of professional duties and personal interests

Tests to determine conflict of interests : (hornilla vs. salunat)

Whether or not, in behalf of one client, it is the lawyers duty to fight for an issue or claim but it is his duty to oppose it for another client
If the acceptance of the new retainer will require the attorney to perform an act which will injuriously affect his first client in any matter which he

represents him and also whether he will be called upon his new relation to use against his first client any knowledge acquired through their connection

Tests to determine conflict of interests : (hornilla vs. salunat)

Whether the acceptance of a new relation will prevent the attorney from the full discharge of his duty of undivided fidelity and loyalty to his client or invite suspicion of unfaithfulness or double dealing in the performance thereof

Duty to decline employment

Gen. Rule: A lawyer shall not, as a rule, refuse his services to the needy. Exceptions: If its acceptance will involve violation of the rules of legal profession If he is not in position to carry it out effectively or competently or he labors under a conflict of interest between him and the client.

Duty to decline employment

Such as: If the acceptance of employment will adversely affect the interest of the client with respect to the confidence reposed by the client In case where handling will nullify a contract which he prepared In an employment where acceptance would render the lawyer an advocate in any matter which he has intervened while in the government service

Duty to decline employment

Such as: Acceptance of employment the nature of which might easily be used as a means of advertising his professional service or skill If acceptance of employment would render the client an advocate and a witness for a client in a case .

Rule when employment was declined

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.

Lawyer acting as mediator

Rule 15.04
A lawyer may, with the written consent

of all concerned, act as a mediator, conciliator, or arbitrator in settling disputes.

Responsibility of Lawyer acting as Mediator

(a) Before accepting a mediation, an individual who is

requested to serve as a mediator shall:

(1) make an inquiry that is reasonable under the

circumstances to determinate whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and any existing or past relationship with a party or foreseeable participant in the mediation; and (2) disclosure to the mediation parties any such fact known or learned as soon as is practical before accepting a mediation.

Responsibility of Lawyer acting as Mediator

(b) If a mediation learns any fact described in paragraph (a) (1) of this section after accepting a mediation, the mediator shall disclose it as soon

as practicable.