LegProf – Lydia Castro-Justo Vs Atty. Rodolfo Galing AC (Nov.

16, 2011)

Respondent accepted Complainant’s engagement and wrote in her behalf a demand letter to Ms. Koa for
dishonored checks. Subsequently, he filed a motion for consolidation and appeared as counsel for Ms.
)Koa in the estafa and BP22 cases filed against her by Complainant. The latter charged this as
representation of conflicting interests. Supreme Court suspended Respondent from law practice holding
that, a lawyer-client relationship can exist despite close friendship. This relationship was established the
moment Complainant sought Respondent’s legal advice regarding the dishonored checks. Respondent
confirmed this relationship by drafting the demand letter and referring to Complainant therein as “my
client”. The fact that the demand letter was not utilized in the criminal complaint filed and that
Complainant hired another lawyer is of no moment. Non-payment of professional fee will not exculpate
Respondent from liability. Absence of monetary consideration does not exempt lawyers from complying
with the prohibition against pursuing cases with conflicting interests (Canon 15) which prohibition
attaches from the establishment of attorney-client relationship extending beyond its duration. This
prohibition is founded on principles of public policy and good taste. In the course of the relationship, the
lawyer learns facts connected with the client’s case, including the weak and strong points of the case. The
nature of the relationship is, therefore, one of trust and confidence of the highest degree. Lawyers must
not only keep inviolate the client’s confidence, but also avoid appearance of treachery and double-dealing
for only then can litigants be encouraged to entrust their secrets to their lawyers, which is of paramount
importance in the administration of justice.