Conflict of interest

Conflict of interest "I tried to avail the services of Attorney Dale, who is a distant relative of mine, hoping that he will charge me for a minimal fee for his services. I was dismayed when he turned down my request to represent me in a certain case due to conflict of interest since he happened to be the former lawyer of my opponent. I doubt that the ground he mentioned exists and I have a strong suspicion that he just did not want to handle my case.Lindon Dear Lindon,A lawyer may deny his legal services to a client if there exists a conflict of interest. This is in consonance with the following provisions of the Code of Professional Responsibility: “Rule 15.01. — A lawyer, in conferring with a prospective client, shall 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 15.03. — A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts.” The rationale of conflict of interest was explained in the case of Palacios vs Atty. Amora Jr. (AC 11504, Aug. 1, 2017), where the Supreme Court en banc stated that:“This prohibition is founded on principles of public policy, good taste and, more importantly, upon necessity. In the course of a lawyer-client relationship, the lawyer learns all the facts connected with the client’s case, including its weak and strong points. Such knowledge must be considered sacred and guarded with care. No opportunity must be given to him to take advantage of his client for if the confidence is abused, the profession will suffer by the loss thereof. It behooves lawyers not only to keep in violate the client’s confidence, but also to avoid the appearance of treachery and double-dealing for only then can litigants be encouraged to entrust their secrets to their lawyers, which is paramount in the administration of justice. It is for these reasons that we have described the attorney-client relationship as one of trust and confidence of the highest degree.” Applying the above-quoted decision in your situation, Attorney Dale had a valid ground to deny your request for legal representation due to conflict of interest. Remember that he told you that your opponent was his former client. In the course of their attorney-client relationship, he learned facts which are connected with his former client’s case such as its weak and strong points. This knowledge is considered sacred and must be safeguarded with care and he should not take advantage of his former client. Such attorney-client relationship is one of trust and confidence of the highest degree.We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/