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CANON 15

A LAWYER SHALL OBSERVE CANDOR,


FAIRNESS AND LOYALTY IN ALL HIS
DEALINGS AND TRANSACTIONS WITH HIS
CLIENTS.

RULE 15.01 A Lawyer shall


ascertain possible conflict of interests
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.

Mejia vs. Reyes,


FACTS:
A.C. No. 378, March
30, 1962
Francisco S. Reyes, a practicing
lawyer, was appointed bank
attorney and notary public for
the Baguio Branch of the
Philippine National Bank. While
still holding such position his
professional services were
engaged by Jose G. Mejia and
Emilia N. Abrera, residents of
Baguio City, to bring an action in
court against the PNB and the
Rehabilitation Finance
Corporation (Development Bank
of the Philippines) as successorin-interest of the defunct
Agricultural and Industrial Bank
for the cancellation of a
mortgage on a parcel of land
situated in Baguio City.

Complainants Mejia and Abrera


alleged that they had desired to
take an appal from the judgment
rendered by the CFI of Baguio but
did not, upon the respondents
advice; that thereafter for the first
time they learned that the
respondent was counsel and notary
public of the Baguio Branch of the
PNB; that his representing them
against the PNB, in whose Baguio
Branch he was bank attorney and
notary public, without revealing to
them such connection with the
Bank, constitutes malpractice; and
pray this Court to disbar him.
ISSUE:
Whether or not Atty. Reyes is guilty
of malpractice and should be
disbarred.

HELD:
Lawyers are prohibited from
representing conflicting interests in
a case. The lawyers act of
appearing and acting as counsel for
the complainants against the PNB,
that had appointed him bank
attorney and notary public,
constitutes malpractice.
Evidence shows that the Philippine
National bank knew that the
respondent was appearing as
counsel for the complainants, yet it
did not revoke or cancel his
appointment as bank attorney and
notary public.
Respondent was just admonished
and warned not to repeat it.

RULE 15.06 A lawyer shall not


undertake influence-peddling
RULE 15.06 A
lawyer shall not
state or imply that
he is able to
influence any
public official,
tribunal or
legislative body.

Rule 15.07 A lawyer shall perform


duty within the law
RULE 15.07 A
lawyer shall
impress upon his
client compliance
with the laws and
principles of
fairness.

Ma. Libertad SJ Cantiller vs. Atty. Humberto V.


Potenciano
A.M. Case No. 3195, December 18, 1989

When he contracted the


sisters, Potenciano, as a
lawyer, bound himself to
undertake his legal services
with maximum effort until the
conclusion of the case. The
failure to exercise due or the
abandonment of a clients
cause makes such lawyer
unworthy of the trust which
the client had reposed on him.
When he accepted the case,
his clients reposed full faith in
him. But he never
complemented the trust and
faith reposed in him. He even
bragged his closeness with
the judge and even intimated
the need to buy another
judge.
Potenciano was suspended
indefinitely until he can show
to the court that he is fit to

Public interest requires that an


attorney exert his best efforts and
ability in the prosecution or defense of
his clients cause. A lawyer who
performs that duty with diligence and
candor not only protects the interests
of his client; he also serves the ends
of justice, does honor to the bar and
helps maintain the respect of the
community to the legal profession.
This is so because the entrusted
privilege to practice law carries with it
the correlative duties not only to the
client but also to the court, to the bar
or to the public. That circumstance
explains the public concern for the
maintenance of an untarnished
standard of conduct by every attorney
towards his client.

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