Professional Documents
Culture Documents
Ethics (Law and Client)
Ethics (Law and Client)
(3) The legal advice must be sought from the attorney in his
professional capacity. The communication made by a client to
his attorney must not be intended for mere information, but for
the purpose of seeking legal advice from his attorney as to his
rights or obligations. The communication must have been
transmitted by a client to his attorney for the purpose of
seeking legal advice.
Francisco advised her that her case will not win in court; but
that
later,
Hilado
returned
with
a
copy
of
the Complaint prepared by Atty. Dizon; that however, when
Hilado returned, Atty. Francisco was not around but an
associate in his firm was there (a certain Atty. Federico
Agrava); that Atty. Agrava attended to Hilado; that after Hilado
left, leaving behind the legal documents, Atty. Agrava then
prepared a legal opinion letter where it was stated that Hilado
has no cause of action to file suit; that Atty. Agrava had Atty.
Francisco sign the letter; that Atty. Francisco did not read the
letter as Atty. Agrava said that it was merely a letter explaining
why the firm cannot take on Hilados case.
Atty. Francisco also pointed out that he was not paid for his
advice; that no confidential information was relayed because
all Hilado brought was a copy of the Complaint which was
already filed in court; and that, if any, Hilado already waived
her right to disqualify Atty. Francisco because he was already
representing Assad in court for four months in the said case.
Judge Jose Gutierrez David ruled in favor of Atty. Francisco.
ISSUE: Whether or not Atty. Francisco should be disqualified in
the said civil case.
HELD: Yes. There already existed an attorney-client
relationship between Hilado and Atty. Francisco. Hence, Atty.
Francisco cannot act as counsel against Hilado without the
latters consent.
It does not matter if the information relayed is confidential or
not. So long as the attorney-client relationship is established,
the lawyer is proscribed from taking other representations
against the client.
Even if it was not actually written by Atty. Francisco but was
only signed by him: It still binds him because Atty. Agrava,
assuming that he was the real author, was part of the same law
firm. An information obtained from a client by a member or
assistant of a law firm is information imparted to the firm, his
associates or his employers.
The fact that it took Hilado four months from the time Atty.
Francisco filed his entry of appearance to file a
disqualification: It does not matter. The length of time is not a
waiver of her right. The right of a client to have a lawyer be
disqualified, based on previous atty-client relationship, as
counsel against her does not prescribe. Professional
confidence once reposed can never be divested by expiration
of professional employment.
Rule 15.5 Bergonia vs Merrera
Facts Arsenia T. Bergonia , together with her relatives, filed a
case for the quieting of title against her niece Josephine
Bergonia, as well as Spouses Rodolfo and Remedios Parayno
and their minor daughter Gretchen. After due trial, the
Regional
Trial
Court
(RTC)
of
Urdaneta,
Pangasinan, promulgated its Decision in favor of the Parayno
spouses and their daughter. On appeal, the CA affirmed the
ruling of the trial court and the Decision became final and
executory.
Since the disputed land was still in the possession of
complainant, the Paraynos instituted to recover possession.
After the Answer was filed, respondent Atty. Arsenio A. Merrera
became her counsel of record. After due trial, of the same
funds to his clients (a) when they became due, or (b) upon
demand.281avvphi1