Conflict of Interest Presentation

7/29/2019 Conflict of Interest Presentation

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Canon 15:A lawyer shall observe candor,

fairness and loyalty in all hisdealings and transactions with his

clients


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Rule 15.01A lawyer in conferring with prospective

client, shall ascertain as soon as

practicable whether the matter would

involve a conflict of interest, and if so,

shall forthwith inform the prospective

clients.


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What is conflict of interest? A term used to describe the situation in which a

public official or fiduciary who, contrary to the

obligation and absolute duty to act for the benefit ofthe public or a designated individual, exploits the

relationship for personal or pecuniary benefit.

The appearance of a conflict of interest is present if

there is a potential for the personal interests of anindividual to clash with fiduciary duties

Incompatibility of professional duties and personal

interests


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Tests to determine conflict of

interests : (hornilla vs. salunat) Whether or not, in behalf of one client, it is the

lawyers duty to fight for an issue or claim but it is his

duty to oppose it for another client

If the acceptance of the new retainer will require theattorney to perform an act which will injuriouslyaffect his first client in any matter which herepresents him and also whether he will be calledupon his new relation to use against his first clientany knowledge acquired through their connection


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Tests to determine conflict of

interests : (hornilla vs. salunat) Whether the acceptance of a new relation will

prevent the attorney from the full discharge of his

duty of undivided fidelity and loyalty to his client orinvite suspicion of unfaithfulness or double dealing in

the performance thereof


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Duty to decline employmentGen. Rule: A lawyer shall not, as a rule, refuse his

services to the needy.

Exceptions:

If its acceptance will involve violation of the rules of

legal profession

If he is not in position to carry it out effectively or

competently or he labors under a conflict of interest

between him and the client.


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Duty to decline employmentSuch as:

If the acceptance of employment will adversely affect

the interest of the client with respect to theconfidence reposed by the client

In case where handling will nullify a contract which

he prepared

In an employment where acceptance would render

the lawyer an advocate in any matter which he has

intervened while in the government service


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Duty to decline employmentSuch as:

Acceptance of employment the nature of which

might easily be used as a means of advertising hisprofessional service or skill

If acceptance of employment would render the client

an advocate and a witness for a client in a case .


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Rule when employment was

declinedRule 15.02

A lawyer shall be bound by the rule on

privilege communication in respect of

matters disclosed to him by a

prospective client.


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Lawyer acting as mediatorRule 15.04

A lawyer may, with the written consent

of all concerned, act as a mediator,

conciliator, or arbitrator in settling

disputes.


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Responsibility of Lawyer acting as

Mediator (a) Before accepting a mediation, an individual who is

requested to serve as a mediator shall:

(1) make an inquiry that is reasonable under the

circumstances to determinate whether there are anyknown facts that a reasonable individual would considerlikely to affect the impartiality of the mediator, including afinancial or personal interest in the outcome of themediation and any existing or past relationship with a party

or foreseeable participant in the mediation; and

(2) disclosure to the mediation parties any such fact knownor learned as soon as is practical before accepting amediation.


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Responsibility of Lawyer acting as

Mediator (b) If a mediation learns any fact described in

paragraph (a) (1) of this section after accepting a

mediation, the mediator shall disclose it as soonas practicable.

Documents

Conflict of Interest Presentation