Question No.

13:You are the counsel of K in his action for specific performance against DEV,
Inc., asubdivision developer which is represented by Atty. L. your client believes that the
presidentof DEV, Inc. would be wiling to consider an amicable settlement and your client urges
you todiscuss the matter with DEV, Inc. without the presence of Atty. L whom he considered to
be animpediment to an early compromise. Would it be alright for you to negotiate the terms of
thecompromise as so suggested above by your client?Answer:
No.Rule8.02,
C
anon 8 of the
C
ode of Professional Responsibility provides that a lawyershall not, directly or indirectly,
encroach upon the professional employment of another lawyer.
C
anon 9 of the
C
ode of Professional Ethics is more particular. A lawyer should not in any waycommunicate upon
the subject of the controversy with a party represented by counsel, much lessshould he undertake
to negotiate or compromise the matter with him but should deal only with hiscounsel. In the
case if
L
ik
ong vs. L
im
, 235 SCRA 414,
a lawyer was suspended for negotiating acompromise agreement directly with the adverse party
without the presence and participation of her counsels.