Rationale:

 The poor and indigent should not be further

disadvantaged by lack of access to the
Philippine legal system.
General Rule:
 A lawyer is not obliged to act as legal counsel
for any person who may wish to become his
client.
 A lawyer shall not refuse his services to the needy
(Canon 14);
 He shall not decline to represent a person solely on
account of the latter’s race, sex, creed or status of
life or because of his own opinion regarding the guilt
of said person (Rule 14.01);
 He shall not decline, except for serious and efficient
cause like
◦ a. If he is not in a position to carry out effectively or
competently;
◦ b. If he labors under a conflict of interest between
him and the prospective client (Rule 14.03).
 Rule 14.01 is applicable only in criminal
cases. In criminal cases, a lawyer cannot
decline to represent an accused or
respondent because of his opinion that the
said person is guilty of the charge or charges
filed against him.
 Rule 14.01 is not applicable in civil cases
because it is the duty of an attorney to
counsel or maintain such actions or
proceedings only as appear to him to be just,
and such defenses only as he believes to be
honestly debatable under the law.” (Sec.
20[c], Rule 138, RRC)
 The rules and ethics of the profession enjoin
a lawyer from taking a bad case.
 Yes, provided that, in so doing, he must not
engage in dilatory tactics and must advise his
client about the prospects and advantage of
settling the case through a compromise.
 A court may assign an attorney to render
professional aid free of charge to any party in
case, if upon investigation it appears that the
party is destitute and unable to employ an
attorney, and that the services of counsel are
necessary to secure the ends of justice and to
protect the rights of the party,
 Members of the bar in good standing;

 Any person, resident of the province and of

good repute for probity and ability, in
localities without lawyer.
 Gravity of offense;

 Difficulty of questions that may arise; and

 Experience and ability of appointee.

Rule 14.03– A lawyer may not refuse to accept
representation of an indigent client unless:

a) He is in no position to carry out the work

effectively or competently;
b) He labors under a conflict of interest
between him and the prospective client or
between a present client and a prospective
client.
 Too many de oficio cases assigned to the
lawyer;
 Conflict of interest; (Rule 14.03, CPR)
 Lawyer is not in a position to carry out the
work effectively or competently;
 Lawyer is prohibited from practicing law by
reason of his public office which prohibits
appearances in court; and
 If a lawyer accepts a case for a client and the
client is unable to pay the lawyer’s
professional fees, he must still represent the
client with utmost fidelity, competence and
diligence.
 A lawyer owes absolute fidelity to the cause
of his client. He owes his client full devotion
to his interest, warm zeal in the maintenance
and defense of his rights. (Oparel Sr. v.
Abaria, A.C. No. 959, July 30, 1971)
 A lawyer should examine the causes of action
between the prospective client and the
lawyer’s current clients to be able to
determine, in the first instance, if he is barred
from accepting the representation through
conflicts with his present clients or the
lawyer’s own interest.
 A v. B
A and B are present clients

 C v. D; E v. D
C is the present client and D is not a present
client in the same case but is a present client
in another case
 It speaks of the duty of confidentiality to a
prospective client. The foregoing
disqualification rule applies to prospective
clients of a lawyer. Matters disclosed by a
prospective client to a lawyer are protected
by the rule on privileged communication even
if the prospective client does not thereafter
retain the lawyer or the latter declines the
employment.
 An attorney cannot represent diverse
interests. It is highly improper to represent
both sides of an issue. The proscription
against representation of conflicting interest
finds application where the conflicting
interest arise with respect to the same
general matter and is applicable however
slight such adverse interest may be. (Nakpil v.
Valdez, A.C. No. 2040, Mar. 4, 1998)
 Where the lawyer performs the function of
mediator, conciliator, or arbitrator in disputes
where the lawyer labors under a conflict of
interest, he remains subject to the
requirement of a prior written informed
consent from all parties concerned. The
requirement subsists even if the adverse
interest is very slight, and notwithstanding
the lawyer’s honest intention and motive.
Knowing whether a case would have some
prospect of success is not only a function,
but also an obligation on the part of lawyers.
If they find that their client's cause is
defenseless, then it is their bounden duty to
advise the latter to acquiesce and submit,
rather than to traverse the incontrovertible.
(Rollon v. Naraval, A.C. No. 6424, Mar. 4,
2005)
 known as INFLUENCE-PEDDLING
 It is improper for a lawyer to show in any way
that he has connections and can influence any
tribunal or public official, judges, prosecutors,
congressmen and others, especially so if the
purpose is to enhance his legal standing and to
entrench the confidence of the client that his
case or cases are assured of victory.
 The lawyer should inform the client when he
is acting as a lawyer and when he is not,
because certain ethical considerations
governing the client-lawyer relationship may
be operative in one case and not in the other.
(Report of the IBP Committee, p.84)
 Lawyer is trustee of Client’s Money
and Properties
◦ The moneys collected by an attorney for
his client belong to the client.
Consequently, the lawyer is under
obligation to hold in trust all moneys and
properties of his client that may come into
his possession.
 Considering that the lawyer is merely holding in
trust the moneys and properties he received for
his client, he is accountable therefore to his
client.
 The highly fiduciary and confidential relation of
attorney and client requires that the lawyer
should promptly account for all the funds
received or held by him for the client’s benefits.
 In order that he may promptly account for or
deliver the same to the client or representative,
he should keep and maintain adequate records of
the client’s moneys or properties in his custody
 the principle that an attorney derives no
undue advantage that may operate to the
prejudice or cause an occasion for loss of a
client. The relationship between the lawyer
and client is one of mutual trust and
confidence of the highest degree.
When will the liability of a lawyer for “breach of
fiduciary obligation” arises?
 A lawyer may be held liable if he fails in his
obligation to make an accounting of funds or
property that may come to his possession for a
lawyer holds his client’s funds or property in
trust for his client.

Requisites for the liability of a lawyer for damages

 Attorney-client relationship;
 Want of reasonable care and diligence by lawyer;
and
 Injury sustained by client as a proximate result of
the lawyer’s negligence.
 Surely, “the client cannot, by settling,
compromising or dismissing his suit during
its pendency, deprive the attorney of his
compensation for the agreed amount, unless
the lawyer consents to such settlement,
comprise or dismissal,”
 A client has the prerogative to dismiss his
lawyer anytime as the relationship is one
based on trust and confidence (RA 636).
 However, if the dismissal of the lawyer is
without justifiable cause, the client will pay in
full attorney’s fees expressly agreed upon in
their contract.
 The rule against borrowing of money by a
lawyer from his client is intended to prevent
the former from taking advantage of his
influence over the latter.
 The second part of the rule is to assure the
lawyer’s independent professional judgment.
 If the lawyer acquires financial interests in the
outcome of the case the free exercise of his
judgment may be adversely affected.
 The lawyer is allowed to borrow money from
his client provided the interests of the client
are fully protected by the nature of the case
or by independent advice.