Canon 15 - A Lawyer Shall Observe Candor, Fairness and Loyalty in All Hs Dealing and Transactions With His Clients

CANON 15 – A LAWYER SHALL Applies even to PROSPECTIVE clients
OBSERVE CANDOR, FAIRNESS AND - Maintain inviolate the confidence and

LOYALTY IN ALL HS DEALING AND at very peril to himself, to preserve
TRANSACTIONS WITH HIS CLIENTS. the secret of his client
- Writing, oral, actions, signs,
- Candor – honest opinion on the merit messenger, interpreter, other modes
or lack of it in his client’s case
- Advising the futility of the cause to REQUISITES:
avoid expenses a. There exists and atty-client rel or a
- Fairness – disclosure of conflict of kind of consultancy relationship with
interest; except on a written consent a prospective client
- Loyalty – keeping the confidence and b. The communication was made in the
secret even after the termination of course
the case. c. Intended to be confidential
Rule 15.01 – in conferring with prospective DURATION – even after the termination.
clients shall ascertain as soon as practicable Outlasts the lawyer’s engagement
whether the matter would involve a conflict
with another client or his own interest, and CONTENTS OF PLEADING – ceases to be
if so, shall forthwith inform the prospective privileged after it has been filed. Or when a
client. communication is sent to a third person thru
Mejia vs. Reyes his counsel as soon as received by the third
person.
- Reyes is bank atty and notary public
of PNB. He represented Mejia in a TWO-FOLD PURPOSE:
case against the PNB. Lost. Mejia a. To encourage a client to make a full
wanted to appeal but Reyes adviced disclosure
b. Allow the lawyer freedom to obtain
not to. Malpractice
full information from his client
Conflict of Interest – client’s claim first
BURDEN OF PROOF – party who avers that
Sta. Maria vs. Tuason the communication is privileged has the
- Won a collection case for 3 clients, burden to prove the existence of the
took money and got 10,000 for fees privilege unless from the face of the
and the rest he gave to 2. One client document itself, it clearly appears. Mere
did not receive her share allegation is not sufficient.
- Professional indiscretion. Breach of
lawyers oath WHEN COMMUNICATION IS NOT PRIV:
a. Made to a person NOT a lawyer
Rule 15.02 – bound by the rule on b. Made to a L for some other purpose
PRIVILEGED COMMUNICATION in respect of other than on account of the LCR
matters disclosed to him by a prospective
client. Regala vs. Sandiganbayan
ACCRA lawyers were included as defendants
EXCEPTION (Rule 21.01)
in a case for recovery of ill-gotten filed by
a. Rendition is authorized by client after
PCGG against Cojuanco, et al. Their
having been acquainted of the
inclusion was intended to reveal the identity
consequences of the disclosure
b. Revelation is required by law of their clients. ACCRA filed a motion to
c. Necessary to collect the lawyer’s fees exclude them as defendants. Motion denied
or defend himself, his employees or after refusal to reveal the identity of their
associates by judicial action. clients.
Held – as a matter of public policy, clients UNAUTHORIZED ACTO OF REPRESENTING
identity should not be shrouded in mystery. COMFLICTING INTERESTS IS A CRIMINAL
A lawyer may not invoke the privilege. OFFENSE UNDER Art 209 of the RPC as
BETRAYAL OF TRUST
Note: client’s identity is privileged where a
strong probability exists that revealing the - Undivided allegiance
client’s name would implicate that client in - Treachery and double-dealing is
the very activity for which he sought the condemned under public policy
lawyer’s advice.
- Where disclosure would open the Hilado vs. David
client to civil liability
In RE: de Leon
PARTIES TO INVOKE THE PRIV. - No servant can serve two masters for
- CLIENT either he will hate the one, and love
- LAWYER the other…
- SECRETARY, STENOGRAPHER, OR
CLERK WHO ACQUIRED THE Nakpil vs. David
COMMUNICATION IN SUCH - CPA-Lawyer with two firms
CAPACITY - Counsel for estate of Nakpil and
- STUDENTS PRACTICE LAW PROG. prepared a list of assets and liabilities
of the state. Also computed the
UNPRIVILEGED COMMUNICATION claims of two creditors against the
- If a lawyer is asked to testify, he may estate.
disclose unprivileged C or be held for - Yes, conflict of interest
contempt - He can be disciplined for the
- However, ethics prohibits him from misdemeanour of the accountancy, as
voluntarily revealing, or use to his a lawyer
benefits or third person at the - Issue of conflict of interest
disadvantage of the client
Rule 15.04 – A lawyer may, with the
LIMITATIONS: written consent of all concerned, act as
- Communications mediator, conciliator or arbitrator in settling
- Physical object disputes.
- If for custody only, no privilege - But he cannot represent any of the
- Future crimes or frauds (C 37)
parties to it.
Rule 15.02 – shall not represent conflicting

Rule 15.05 – when advising his client, shall
interests except by written consent of all
give a candid and honest opinion on the
concerned given after a full disclosure of the
merits and probable results of the client’s
facts.
case, neither overstating nor understating
the prospects of the case.
TEST FOR CONFLICT:
- Inconsistency in the interests of two
- Should not temper inclination of
or more opposing parties
Client to appeal notwithstanding the
- Whether or not, in behalf of one
clear absence of success.
client, it is the lawyers duty to fight
for an issue or claim but it is his duty
Rule 15.06 – shall not sate or imply that
to oppose it for the other client, this
he is able to influence any public official,
argument will by opposed by him
tribunal or legislative body.
when he argues for the other client.
- Influence-peddling
Rule 15.07 – shall impress upon his client
compliance with the laws and principles of
fairness.
- Give proper advice
- As counsel of record, L has control of
the proceedings and whatever steps
his client takes should be within his
knowledge and responsibility
- On matters of law, client yields to L
Rule 15.08 – who is engaged in another

profession or occupation concurrently with
the practice o flaw shall make clear to his
client whether he is acting as a lawyer or in
another capacity.

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CANON 15 – A LAWYER SHALL Applies even to PROSPECTIVE clients

OBSERVE CANDOR, FAIRNESS AND - Maintain inviolate the confidence and

Rule 15.02 – shall not represent conflicting

Rule 15.08 – who is engaged in another

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