I.

Conflict of Interest in a Regular Lawyer-Client Relationship

a. What is conflict of interest?
b. Test in determining conflicting interests
c. Rule 15.03
i. Lim Jr. VS Villarosa
Doctrine: There is 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

ii. Pormento Sr. Pontevedra

Doctrine: Jurisprudence instructs that 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.

Another test to determine if there is a representation of conflicting

interests is whether the acceptance of a new relation will prevent an
attorney from the full discharge of his duty of undivided fidelity and loyalty
to his client or invite suspicion of unfaithfulness or double dealing in the
performance thereof.

iii. Samson VS Era

Doctrine: The lawyer-client relationship did not terminate when the parties
entered into a compromise settlement, for the fact remained that he still
needed to oversee the implementation of the settlement as well as to
proceed with the criminal cases until they were dismissed or otherwise
concluded by the trial court.

iv. Nakpil VS Valdez

Doctine: The test of impropriety of representation of conflicting interests is
not the certainty of such existence but mere probability for it to exist.