Sunteți pe pagina 1din 2

Conflict of interest

Canon 15
15.01 to 15.08
Canon 21
21.02
21.04
21.07

1. Hilado vs david, gr L-961


2. Jalandoni vs villarosa AC 5303
3. Hornilla vs atty salunat, AC 5804
4. Seares vs atty gonzales- alzate, AC 9058
5. Quiambao vs atty bamba, AC 6708
6. Pormento vs atty pntevedra, AC 5128
7. Samson vs atty era, AC 6664

Limitations of govt lawyers in the practice of law


Canon 6 rules 6.01 to 6.03 rule 15.06
Rule 3.03
Rule 138 sec 35
1. Ramos vs imbang, AC 6788
2. PCGG vs Sandiganbayan GR 151809-12
3. Ali vs atty bubong AC 4018
4. Pimentel vs atty llorente AC 4680
Section 5, Canon 3, Code of Conduct for Court Personnel

Terminating abd establishing atty-client relationship

Virgo vs. Atty. Amorin


Urban Bank vs. Atty. Peña
Francisco vs. Atty. Portugal
In re: Atty. David Briones
Balatbat vs. Atty. Arias

Grounds for disciplinary proceedings against lawyer


Dumadag vs. Atty. Lumaya
Maniago vs. Atty. De Dios

Judicial clemency and reinstatement in the practice of law


Petition for reinstatement of Rolando Torres as a member of the Philippine Bar
Que vs. Atty. Revilla

Grounds for disqualification of judges


Ramiscal vs. Justice Hernandez

Hilado vs. David 84 Phil. 569 , September 21, 1949


Case Title : BLANDINA GAMBOA HILADO, petitioner, vs. JOSE GUTIERREZ DAVID, VICENTE J.
FRANCISCO, JACOB ASSAD and SELIM JACOB ASSAD, respondents.
Case Nature : ORIGINAL ACTION in the Supreme Court. Certiorari.
Syllabi Class : ATTORNEY AND CLIENT |ID |ATTORNEYS-AT-LAW|COURTS
Syllabi:
1. ATTORNEY AND CLIENT; RELATION OF ATTORNEY AND CLIBNT, WHEN EXISTS.-
"To constitute professional employment it is not essential that the client should have employed the
attorney professionally on any previous occasion * * *. It is not necessary that any retainer should have
been paid, promised, or charged for; neither is it material that the attorney consulted did not afterward
undertake the case about which the consultation was had. If a person, in respect to his business affairs or
troubles of any kind, consults with his attorney in his professional capacity with the view to obtaining
professional advice or assistance, and the attorney voluntarily permits or acquiesces in such consultation,
then the professional employment must be regarded as established * * *."
2. ATTORNEY AND CLIENT; ATTORNEY Is INHIBITED TO ACT ON BEHALF OF BOTH PARTIES.-
There is no law or provision in the Rules of Court prohibiting attorneys in express terms from acting on
behalf of both parties to a controversy whose interests are opposed to each other, but such prohibition is
necessarily implied in the injunctions as provided in section 26 (e), Rule 123 and section 19 (e) of Rule
127 of the Rules of Court.
3. ATTORNEY AND CLIENT; INFORMATION PROFESSIONALLY OBTAINED BY ATTORNEY FROM CLIENT
Is SACRED.-
Information so received is sacred to the employment to which it pertains, and to permit it to be used in
the interest of another, or, worse still, in the interest of the adverse party, is to strike at the element of
confidence which lies at the basis of, and affords the essential security in, the relation of attorney and
client.
4. ATTORNEY AND CLIENT; ID.-
The mere relation of attorney and client ought to preclude the attorney from accepting the opposite
party's retainer in the same litigation regardless of what information was received by him from his first
client.
5. ATTORNEY AND CLIENT; RELATION OF ATTORNEY AND CLIENT Is FOUNDED ON PRINCIPLES OF
PUBLIC PoLiCY.-
The relation of attorney and client is fbunded on principles of public policy, on good taste. The question is
not necessarily one of the rights of the parties, but as to whether the attorney has adhered to proper
professional standard. With these thoughts in mind, it behooves attorneys, like Ceasar's wife, not only to
keep inviolate the chent's confidence, but also to avoid the appearance of treachery and double-dealing.
Only thus can litigants be encouraged to entrust their secrets to their attorneys which is of paramount
importance in the administration of justice
6. ID ; RETAINING FEE, WHAT Is.-
"A retaining fee is a preliminary fee given to an attorney or counsel to insure and secure his future
services, and induce him to act for the client. It is mtended to remunerate counsel for being deprived, by
beingretained by one party, of the opportunity of rendering services to the other and of receiving pay
from him, and the payment of such fee, in the absence of an express understanding to the contrary, is
neither made nor received in payment of the services contemplated; its payment has no relation to the
obligation of the client to pay his attorney for the services which he has retained him to perform."
7. ID ; INFORMATION OBTAINED FROM CLIENT BY A MEMBER OF THE FIRM.-
An information obtained from a client by a member or assistant of a law firm is information imparted to
the firm.
8. ID ; PROPESSIONAL CONFIDENCE, EXPIRATION OF.-
Prof essional confidence once reposed can never be divested by expiration of professional employment.
9. ID ; COURTS; JURISDICTION, EXTENT OF SUMMARY.-
The courts have summary jurisdiction to protect the rights of the parties and the public from any conduct
of attorneys prejudicial to the administration of justice. The summary jurisdiction of the courts over
attorneys is not confined to requiring them to pay over money collected by them but embraces authority
to compel them to do whatever specific acts may be incumbent upon them in their capacity of attorneys
to perform. The courts, from the general principles of equity and policy, will always look into the dealings
between attorneys and clients and guard the latter from any undue consequences resulting from a
situation in which they may stand unequal. The courts act on the same principle whether the undertaking
is to appear, or, for that matter, not to appear, to answer declaration.
10. ATTORNEYS-AT-LAW; AS OFFICERS OF THE COURTS.-
Attorneys are officers of the court where they practice, forming a part of the machinery of the law for the
administration of justice and as such subject to the disciplinary authority of the court and to its orders
and directions with respect to their relations to the court as well as to their clients.

S-ar putea să vă placă și