Professional Documents
Culture Documents
Restrictions of Government Lawyers
Restrictions of Government Lawyers
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Special considerations, both for and against
disqualification of former government
attorney
1. retirement
2. resignation
3. expiration of the term of office
4. dismissal
5. abandonment
Pro se litigant
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"A d verse-in terest co n flicts"
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Adverse-interest conflict
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C o n g ru en t-in terest co n flict
In “cong ruen t-in te rest con flic t ”, the d isqua lifica tion
does no t really in vo lve a con flic t at a ll, b ecause it
p roh ib its th e law yer fro m rep resen ting a p riva te p ractice
c lien t even if the in te rests o f the fo rm er governm ent c lien t
and the new c lien t a re en tire ly p aralle l. The “cong ruen t-
in te rest represen ta tion con flic t ”, un like the “adverse-
in te rest conflic t ”, is un ique to fo rm er governm en t law yers .
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Grounds for Disqualification arising from
COI
The fatal taint which would require disqualification arises in two types of
cases:
(1) where an attorney's conflict of interests in violation of [Canons]
undermines the court's confidence in the vigor of the attorney's
representation of his client, or more commonly
The PAO was created for the purpose of providing free legal
assistance to indigent litigants.[ 27] Section 14(3), Chapter 5, Title
III, Book V of the Revised Administrative Code provides:
Sec. 14. xxx
2.the practice will not conflict, or tend to conflict, with his or her
official functions.
The c le rk o f cou rt’s lim ita tion is that she canno t p ractice her
p ro fession w ith in one year be fo re the o ffice w here he o r she u sed
to w o rk w ith . In a com parison betw een a resigned , retired o r
separa ted o ffic ia l o r em p loyee , on the one hand , and an in cum ben t
o ffic ia l o r em p loyee , on the o ther, the fo rm er has the advan tage
because the lim ita tion is on ly w ith respect to the office he o r
she u sed to w o rk w ith and on ly fo r a p eriod o f one year.
The in cum ben t canno t p ractice a t a ll, save on ly w here specifica lly
a llow ed by th e Constitu tio n and the law and on ly in areas w here no
con flic t o f in te rests ex ists .
Inclusion of name in a business card is
“private practice of law”
"Baligod, Gatdula, Tacardon, Dimailig and Celera"
with office at Rm. 220 Mariwasa Bldg., 717 Aurora Blvd., Cubao, Quezon City
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