Escolar Documentos
Profissional Documentos
Cultura Documentos
of Corporate Lawyers
Problem Areas in Legal Ethics
Arellano University School of Law Arellano Law Foundation
2015-2016
CPR provisions
Rule 15.03. - A lawyer shall not represent conflicting interests
Canon 21. A lawyer shall preserve the confidence and secrets of his
Duty of attorney to a
corporate client
[a]n attorney for a corporate client owes his duty [of loyalty] to the
[t]he attorney for a corporation, even a closely held one, does not
retained corporate counsel for the amount of P6,000 per month as retainer fee.
November 2003.
respondent.
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made, copies of the amendments or the new by-laws are filed with
the Securities and Exchange Commission (SEC) and attached to the
original articles of incorporation and by-laws. The documents are
public records and could not be considered confidential.
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It is settled that the mere relation of attorney and client does not
raise a presumption of confidentiality. The client must intend the
communication to be confidential. Since the proposed
amendments must be approved by at least a majority of the
stockholders, and copies of the amended by-laws must be filed
with the SEC, the information could not have been intended to
be confidential. Thus, the disclosure made by respondent
during the stockholders meeting could not be considered a
violation of his clients secrets and confidence within the
contemplation of Canon 21 of the Code of Professional
Responsibility.
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The intent of the law is to impose upon the lawyer the duty to protect
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Atty. Funk filed an action for quieting of title and damages against
Hocorma Foundation on behalf of Mabalacat Institute, Inc.
(Mabalacat Institute). Atty. Funk did so, according to the
foundation, using information that he acquired while serving
as its counsel xxx.
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defendants.
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case and the replevin case are unrelated cases fraught with
different issues, parties, and subject matters, the prohibition is
inapplicable. His representation of opposing clients in both
cases, though unrelated, obviously constitutes conflict of interest
or, at the least, invites suspicion of double-dealing.
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