This case has been cited 3 times or more.
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2006-03-30 |
YNARES-SANTIAGO, J. |
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| There is a representation of conflicting interests if the acceptance of the new retainer will require the attorney to do anything which will injuriously affect his first client in any matter in which he represents him and also whether he will be called upon in his new relation, to use against his first client any knowledge acquired through their connection.[4] | |||||
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2005-08-25 |
DAVIDE, JR., C.J. |
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| Another test of inconsistency of interests is whether the acceptance of a new relation would prevent the full discharge of the lawyer's duty of undivided fidelity and loyalty to the client or invite suspicion of unfaithfulness or double-dealing in the performance of that duty.[13] Still another test is whether the lawyer would be called upon in the new relation to use against a former client any confidential information acquired through their connection or previous employment.[14] | |||||
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2005-08-25 |
DAVIDE, JR., C.J. |
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| Neither can we accept respondent's plea that he was duty-bound to handle all the cases referred to him by AIB, including the personal cases of its officers which had no connection to its corporate affairs. That the representation of conflicting interest is in good faith and with honest intention on the part of the lawyer does not make the prohibition inoperative.[16] Moreover, lawyers are not obliged to act either as an adviser or advocate for every person who may wish to become their client. They have the right to decline such employment, subject, however, to Canon 14 of the Code of Professional Responsibility.[17] Although there are instances where lawyers cannot decline representation,[18] they cannot be made to labor under conflict of interest between a present client and a prospective one.[19] | |||||