Canon 14

Lawyers hesitant to handle drug cases

September 21,2018
Lawyers are hesitant to handle drug cases because of the recent killing of lawyers who represent drug suspects in court
and of the fear that they are being associated with the offenses of their clients. It is as if they were also protectors of the
drugs lords.

The arguments of those who declined:

 Lawyers have the right to decline cases under rule 14.03 – A lawyer may refuse to accept representation of a
client if (1) he is not in the position to carry out the work effectively and competently.

According to IBP president Fajardo

 The constitutional right of the accused to select a counsel of his own choice is defeated.

DECIDE – LET’S SPARK A DEBATE!

Atty. Montes is a former partner in the Rosales Law Office. Rosales Law office is representing Corporation X before the
Securities and Exchange Commission. Atty.Montes, who is now practicing on her own, was approached by Corporation Y
to be its counsel in a suit against Corporation X.

Question: should Atty. Montes accept the case?

Answer:

No. Atty. Belle Montes will be deemed to be appearing for conflicting interests if she appears for Corporation Y against
Corporation X.

According to Canon 14 rule 14.03 - a lawyer may refuse to accept representation of a client if:

a. He is not in the position to carry out the work effectively and efficiently

b. He labors under conflict of interest between him and the prospective client or between a present client and the
prospective client

while it’s true that Atty. Montes is no longer with the Law firm representing Company X or that she did not personally
handle the case of Corporation X when she was still with the Rosales Law Office, she will still be representing conflict of
interest.

In addition ( JP dili nani necessary ibutang sa powerpoint)

This question is similar to the case of Philippine Blooming Mills vs. Court of Appeals, November 1989. In the said case,
the Philippine Blooming Mills was retainer of the ACCRA Law Office. Three lawyers of ACCRA Law Office separated from
said law firm and established their own law office.

The three lawyers were disqualified from appearing for a corporation against the Philippine Blooming Mills. The rule
prohibiting appearing for conflicting interests applies to law firms. The employment of one member of a law firms
considered as an employment of the law firm and that the employment of the law firm is equivalent to a retainer of the
members thereof