Conflict of interest under the CPRA
“Kinonsulta ka ng mister sa negosyo niya. Pwede mo bang hawakan ang annulment case ng misis laban sa kanya?”
A lawyer shall not represent conflicting interests. Under Canon III of the Code of Professional Responsibility and Accountability (CPRA), the test is whether the acceptance of a new relation will invite suspicion of unfaithfulness or require the use of confidential knowledge obtained from a prior engagement.
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Read the strip. The last panel does not answer — you do, before the rule shows up.
Atty. Victor's corporate law office in Makati. Five years ago, Mr. David spent three hours in this room sharing detailed tax audits, hidden bank accounts, and corporate shares for a business restructuring.
NARRATIONLimang taon ang nakalipas. Nagbayad si David ng consultation fee para sa confidential audit ng kanyang mga ari-arian.
Creation of attorney-client relationship and transmission of confidential information.
Present day. Mrs. David sits in the exact same chair, holding a petition for legal separation and dissolution of the conjugal partnership.
MRS. DAVID“Atty. Victor, tulungan niyo po ako. Gusto kong kunin ang kalahati ng mga kumpanya at nakatagong bank account ng asawa ko.”
Directly adverse interest involving the exact same financial assets.
Atty. Victor looks at the thick retainer check on his desk and rationalizes.
ATTY. VICTOR“Tapos na naman ang kaso ni David noon. At saka corporate tax consultation ‘yun, family law naman itong kay misis. Walang conflict!”
The dangerous rationale: different subject matter, past engagement.
Atty. Victor signs the entry of appearance for Mrs. David. In court, Mr. David stares in shock.
MR. DAVID“Atty. Victor?! Ikaw ang nag-audit ng finances ko! Pwede ba ‘yan sa CPRA?!”
Vote before the rule.