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Canon 15:A lawyer shall observe candor,
fairness and loyalty in all hisdealings and transactions with his
clients
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Rule 15.01A 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.
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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 ofthe 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 anindividual to clash with fiduciary duties
Incompatibility of professional duties and personal
interests
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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 theattorney to perform an act which will injuriouslyaffect his first client in any matter which herepresents him and also whether he will be calledupon his new relation to use against his first clientany knowledge acquired through their connection
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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 orinvite suspicion of unfaithfulness or double dealing in
the performance thereof
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Duty to decline employmentGen. 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.
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Duty to decline employmentSuch as:
If the acceptance of employment will adversely affect
the interest of the client with respect to theconfidence 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
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Duty to decline employmentSuch as:
Acceptance of employment the nature of which
might easily be used as a means of advertising hisprofessional service or skill
If acceptance of employment would render the client
an advocate and a witness for a client in a case .
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Rule when employment was
declinedRule 15.02
A lawyer shall be bound by the rule on
privilege communication in respect of
matters disclosed to him by a
prospective client.
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Lawyer acting as mediatorRule 15.04
A lawyer may, with the written consent
of all concerned, act as a mediator,
conciliator, or arbitrator in settling
disputes.
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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 anyknown facts that a reasonable individual would considerlikely to affect the impartiality of the mediator, including afinancial or personal interest in the outcome of themediation 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 knownor learned as soon as is practical before accepting amediation.
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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 soonas practicable.