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Prohibition against conflict-of-interest representation; prospective clients, C3S17 CPRA

Section 17, Canon III

SECTION 17. Prohibition against conflict-of-interest representation; prospective clients. – In relation to prospective clients, the following rules shall be observed:
(a) A lawyer shall, at the earliest opportunity, ascertain the existence of any conflict of interest between a prospective client and current clients, and immediately disclose the same if found to exist.
In case of an objection by either the prospective or current client, the lawyer shall not accept the new engagement.
(b) A lawyer shall maintain the private confidences of a prospective client even if no engagement materializes, and shall not use any such information to further his or her own interest, or the interest of any current client. (2023 Code of Professional Responsibility and Accountability or CPRA)

1. Prohibition against conflict-of-interest representation; prospective clients

For prospective clients, lawyers must observe the following rules:

1) At the earliest opportunity, lawyers are required to “ascertain the existence of any conflict of interest between a prospective client and current clients, and immediately disclose the same if found to exist.” Lawyers should avoid accepting new engagement if either the prospective or current client objects thereto.

2) Lawyers are required to “maintain the private confidences of a prospective client even if no engagement materializes, and shall not use any such information to further his or her own interest, or the interest of any current client.”

References

Canon III, 2023 Code of Professional Responsibility

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