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Canon 15-A Lawyer Shall Observe: Candor Fairness Loyalty
Canon 15-A Lawyer Shall Observe: Candor Fairness Loyalty
Canon 15-A Lawyer Shall Observe: Candor Fairness Loyalty
OBSERVE
• CANDOR ) IN ALL HIS DEALINGS/TRANSACTIONS
• FAIRNESS ) W/ HIS CLIENT
• and LOYALTY )
RULES:
1. – ASCERTAIN AS SOON AS PRACTICABLE
– PROSPECTIVE CLIENT
– CONFLICT W/ ANOTHER CLIENT ) OR LAWYER’S OWN INTEREST)
– FORTWITH INFORM PROSPECTIVE CLIENT
2. – BOUND BY RULE
– PRIVILEGED COMMUNICATION
– MATTERS DISCLOSED TO HIM BY PROSPECTIVE CLIENT
3. – SHALL NOT REPRESENT CONFLICTING INTERESTS
– EXCEPT BY WRITTEN CONSENT OF ALL CONCERNED
4. – LAWYER MAY ACT AS
• MEDIATOR )
• CONCILIATOR )
• OR- ARBITRATOR )
– WITH WRITTEN CONSENT OF ALL CONCERNED
5. – GIVE CANDID AND HONEST OPINION
– MERITS AND PROBABLE RESULTS OF CLIENT’S CASE
– NEITHER OVERSTATING NOR UNDERSTATING THE
PROSPECTS OF THE CASE
6. – SHALL NOT STATE OR IMPLY
– HE IS ABLE TO INFLUENCE
• ANY PUBLIC OFFICIAL
• TRIBUNAL
• OR LEGISLATIVE BODY
7. – IMPRESS UPON CLIENT
• COMPLIANCE WITH THE LAWS )
• AND PRINCIPLES ) OF FAIRNESS
8. – SHALL MAKE CLEAR TO CLIENT WHETHER HE IS
• ACTING AS A LAWYER )
• OR IN ANOTHER CAPACITY )
FACTS:
Josefina M. Anion previously engaged the legal services of Atty.
Sabitsana, Jr. in the preparation and execution in her favor of a Deed
of Sale over a parcel of land owned by her late common-law husband,
Brigido Caneja, Jr.
Atty. Sabitsana allegedly violated her confidence when he
subsequently filed a civil case against her for the annulment of the
Deed of Sale in behalf of Zenaida L. Caete, the legal wife of Brigido
Caneja, Jr.
The complainant accused Atty. Sabitsana of using confidential
information he obtained from her in filing the civil case.
ISSUE:
Whether Atty. Sabitsana is guilty of misconduct for representing
conflicting interests.