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Chapter IV The Lawyer and the Client CANON 14 – A Lawyer shall not refuse his s

Chapter IV The Lawyer and the Client CANON 14 – A Lawyer shall not refuse his services to the needy. Rule 14.01 – A lawyer shall not decline to represent a person solely on account of the latter’s race, sex, creed or status of life, or because of his own opinion regarding the guilt of said person. Rule 14.02 – A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de oficio or as amicus curae or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid. Rule 14.03 – A lawyer may refuse to accept representation of a client if: 1. a. He is not in position to carry out the work effectively and competently. 2. b. He labors under conflict of interest between him and the prospective client or between a present client and the prospective client. Rule 14.04 – A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients.  Duties to Client: 1. owe utmost learning and ability 2. maintain inviolate the confidence of the client 3. disclose all circumstances/interest regarding the controversy 4. undivided loyalty 5. not reject cause of defenseless and oppressed 6. candor, fairness and loyalty 7. hold in trust money or property 8. respond with zeal to the cause of the client  Appointment of Amicus Curae 1. by application to the judge 2. the judge on his own initiative may invite the lawyer 3. no right to interfere with or control the condition of the record, no control over the suit  Cannot refuse on the ground of insufficient of compensation or lack of it CANON 15 – A lawyer shall observe candor , fairness and loyalty in all his dealings and transactions with his client. Rule 15.01 – A lawyer in conferring with a prospective client, shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest, and if so, shall forthwith inform the prospective client. 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. Rule on Revealing Client’s Identity  General Rule: A lawyer may not invoke privilege communication to refuse revealing a client’s identity.(Regala vs. Sandiganbayan, 262 SCRA 122, September 20, 1996) Exceptions: 1. When by divulging such identity, it would implicate the client to that same controversy for which the lawyer’s services were required. 2. It would open client to civil liability 3. The disclosure of such identity will provide for the only link in order to convict the accused, otherwise, the government has no case.  Requisites of Privileged Communication: 1. Atty.-client relationship (or a kind of consultancy relationship with a prospective client 2. Communication made by client to lawyer in the course of lawyer’s professional employment 3. Communication is intended to be confidential (see Rule 130, Sec. 21(b), Rules of Court)  When communication is not privileged: 1. after pleading has been filed 2. communication intended by the client to be sent to a third person through his counsel (it loses its confidential character as soon as it reaches the hands of third person)  Even if the communication is unprivileged, the rule of ethics prohibits him from voluntarily revealing or using to his benefit or to that of a third person, to the disadvantage of the client, the said communication unless the client consents thereto.  This is applicable to students under the Student Practice Law Program 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. Rule on Conflicting Interest It is generally the rule based on sound public policy that an attorney cannot represent adverse interest. It is highly improper to represent both sides of an issue. The proscription against representation of conflicting interest finds application where the conflicting interest arises with respect to the same general matter and is applicable however slight such adverse interest may be. It applies although the attorney’s intention and motives were honest and he acted in good faith. However, representation of conflicting interest may be allowed where the parties consent to the representation after full disclosure of facts. (Nakpil vs. Valdez, 286 SCRA 758).  General Rule:An attorney cannot represent adverse interest.  Exception:Where the parties consent to the representation after full disclosure of facts.  The TEST in determining Conflicting 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 fidelity and loyalty to his client or invite suspicion of unfaithfulness in double-dealing in the performance thereof.(Tiana vs. Ocampo) Rule 15.04 – A lawyer may, with the written consent of all concerned, act as mediator , conciliator or arbitrator in settling disputes. Rule 15.05 – A lawyer , when advising his client, shall give a candid and honest opinion on the merits and probable results of the client’s case, neither overstating nor understating the prospects of the case. Rule 15.06 – A lawyer shall not state nor imply that he is able to influence any public official, tribunal or legislative body. Rule 15.07 – A lawyer shall impress upon his client compliance with the laws and the principles of fairness. Rule 15.08 – A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall make clear to his client whether he is acting as a lawyer or in another capacity.  Lawyers should refrain from giving any advice unless they have obtained sufficient understanding of their client’s cause. A careful investigation and examination of the facts must first be had before any legal opinion be given by the lawyer to the client.  T o avoid breach of legal ethics, a lawyer should keep any business, in which is engaged in concurrently with the practice of law, entirely separate and apart from the latter. CANON 16 – A lawyer shall hold in trust all moneys and properties of his client that may come into his possession. Rule 16.01 – A lawyer shall account for all money or property collected or received for or from the client. Rule 16.02 – A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him. Rule 16.03 – A lawyer shall deliver the funds and property of his client when due or upon demand. However , he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided for the Rules of Court. Attorneys’ Liens – an attorney shall have a lien upon the funds, documents and papers of his client which have lawfully come into his possession and may retain the same until his lawful fees and disbursements have been paid, and may apply such finds to the satisfaction thereof. He shall also have a lien to the same extent upon all judgements for the payment of money, and executions issued in pursuance of such judgements which he has secured in a litigation of his client, from and after the time when he shall have caused a statement of his claim of such lien to be entered upon the records of the court rendering such judgement, or issuing such execution, and shall have caused written notice thereof to be delivered to his client and to the adverse party; and he shall have the same right and power over such judgments and executions as his client would have to enforce his lien and secure the payment of his fees and disbursements. (Sec, 37, Rule 138, RRC) Rule 16.04 – A lawyer shall not borrow money from his client unless the client’s interests are fully protected by the nature of the case or by independent advice. Neither shall a lawyer lend money to a client except, when in the interest of justice, he has to advance necessary expenses in the legal matter he is handling for the client.  Attorney’s lien is not an excuse for non-rendition of accounting  Cannot disburse client’s money to client’s creditors without authority.  Failure to deliver upon demand gives rise to the presumption that he has misappropriated the funds for his own use to the prejudice of the client and in violation of the trust reposed in him.  Notify client if retaining lien shall be implemented  When a lawyer enforces a charging lien against his client, the client- lawyer relationship is terminated.  The principle behind Rule 16.04 is to prevent the lawyer uploads/Management/ curae-or-a-request-from-the-integrated-bar-of-the-philippines-or-any.pdf