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Canon of Professional 

Responsibility 

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Rule 15.03

•  A lawyer shall not represent conflicting

interests except by written consent of all

concerned given after a full disclosure of 

the facts.

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Conflicting Interest 

• Inconsistency in the interests of two or 

more opposing parties.

• It is the lawyer’s duty to fight for an issue

or claim but it is his duty to oppose it for 

the other client (Canon 6, CPE)

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Probability, not certainty of 

Conflict 

• Respondents serving both security

agencies (Quiambao vs. Bamba)

•  A lawyer represents both the corporation

and its assailed directors unavoidably give

rise to a conflict of interest (Hornilla vs.

Salunat)

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Falame vs. Atty. Baguio

• The rule is grounded in the fiduciary obligation of 

loyalty. In the course of a lawyer-client

relationship, the lawyer learns all the facts

connected with the client’s case, including theweak and strong points of the case. The

termination of attorney-client relationship

provides no justification for a lawyer to represent

an interest adverse to or in conflict with that of the former client.

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•  A lawyer who having undertaken the

defense of a client shall undertake the

defense of the opposing party in the same

case without the consent of the first clientshall be liable criminally for the offense of 

“betrayal of trust by an attorney” 

punishable under  2nd par. Of Art. 209 of the RPC.

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Art. 209 Betrayal of Trust of 

an Attorney 

• Revelation of Secrets  – the penalty shall

be imposed upon an attorney-at-law or 

solicitor (procurador judicial) who, having

undertaken the defense of a client or having received confidential information

from said client in a case, shall undertake

the defense of the opposing party in thesame case, without the consent of his first

client.

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Undivided Allegiance to

Client 

•  After being retained and receiving the

confidences of the client, he cannot,

without the free and intelligent consent of 

his client and for one whose interest isadverse to, or conflicting with that of, his

client in the same general.

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Rule 15.05

•  A lawyer when advising his client, shall

give a candid and honest opinion on the

merits and probable results of the client’s 

case, neither overstating nor understatingof the case.

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Overstatement or 

understatement 

• Overstatement = heavy pressure will

employ any means to win the case at all

cost and be blind to ethical rules

• Understatement = grave anxiety and will

affect trust to handle case > constrain him

to seek advice from another lawyer who

can give him peace of mind

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Rule 15.08

•  A lawyer who is engaged in another 

profession or occupation, concurrently with

the practice of law shall make to his client

whether he is acting as a lawyer or inanother capacity.

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