CANON 17 – TRUST AND CONFIDENCE

CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT

AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED
IN HIM.
 The fidelity lawyers owe their clients is traditionally characterized as "undivided."
Lawyers must represent their clients and serve their needs without interference or
impairment from any conflicting interest.

 Utmost fidelity is demanded once counsel agrees to take the cudgels for his client’s
cause.

 When a lawyer takes a client's cause, he thereby covenants that he will exert all effort for
its prosecution until its final conclusion. The failure to exercise due diligence or the
abandonment of a client's cause makes such lawyer unworthy of the trust, which the
client had reposed on him.

AGPALO NOTES

 No fear or judicial disfavour or public unpopularity should restrain him from the full
discharge of his duty. The relationship demands the most scrupulous performance of his
duty, especially when negligence will cause delay in the administration of justice.
 This is a requirement of public interest to serve the ends of justice.
 A lawyer should present every remedy or defense authorized by law in support of his
client‘s cause, regardless of personal views.

CANTILLER v POTENCIANO (“Poorly written petition”)

Facts: Potenciano accepted to handle the case for Annulment of Judgment and prayer for
preliminary injunction. The petition was poorly written but Potenciano promised her that the
restraining order would be secured because the judge was a close friend of his. Atty. Humberto
V. Potenciano was charged for deceiving, misrepresenting, mishandling and not fully
representing the cause of herein petitioner’s sister ejectment case which resulted to the latter’s
loss of the property.

Penalty: INDEFINITE SUSPENSION +RETURN FEES PAID

Doctrine: The petitions were poorly prepared and written. Little time is not an excuse. His first
duty is to file the best pleading with his capability. Moreover, he knew he would beasked to
withdraw as counsel by the presiding judge due to their close friendship but he did not take
steps to find a replacement lawyer or even inform the client about this fact.
 IN RE MAQUERA (“Guam Lawyer”)

Facts: Practicing lawyer suspended in Guam because of the misconduct he committed in

acquiring his client‘s property as payment for his legal services, then selling it which is an
unreasonable high fee for handling his client‘s case. The District Court of Guam informed the
Supreme Court of the suspension of Atty. Leon Maquera from the practice of law in Guam for 2
years. It was alleged he acquired his client’s property as payment for his legal services, then
sold it and as a consequence obtained an unreasonably high fee for handling his client’s case.

Penalty: N/A, but indefinitely suspended for non-payment of IBP dues

Doctrine: Marquera‘s acts in Guam are also valid grounds for his suspension from the practice
of law in the Philippines. They are violative of a lawyer‘s sworn duty to act with fidelity toward his
clients.

SOLATAN v INOCENTES (“The gas stove”)

Facts: Solatan agreed to pay the judgment debts of his sister in order for him arrange a new
lease contract in the apartment he was staying in. However, he was not able to pay the full
amount, and his properties were levied. Atty. Camano negotiated with Solatan for release of
levied properties, but did not return a gas stove that belonged to Solatan.

Penalty: SUSPENSION for 1 year

Doctrine: PLEASE FILL-UP

SOMOSOT v PONTEVEDRA (“Did not file the memo”)

Facts: Complainant repeatedly reminded respondent about the deadline but the latter still failed
to submit a memorandum. Instead, respondent allegedly entered into an oral agreement with
the opposing counsel that they would both forego the filing of the memorandum. Respondent
attorney is the counsel for complainant in a civil case. He failed to file memorandum despite
repeated reminders by the court and complainant. He then entered into an agreement with
opposing counsel not to file said memorandum, so the case was submitted for decision. He also
received money order from complainant’s daughter for the filing of memorandum, but since the
period had lapsed, he didn’t take any action. He failed to return said money order despite
demands of complainant.

Penalty: REPRIMAND + STERN WARNING + RETURN MONEY ORDER

Doctrine: Respondent failed to exercise the diligence required of him in the performance of his
duties. He should have informed the court of his agreement with the opposing counsel instead
of leaving the court waiting and wondering whether said memoranda will be filed at all. Worse,
he did not even inform complainant that the case has been submitted for decision without
memorandum.
 ANGALAN v DELANTE (“Illiterate clients”)

Facts: Lawyer paid for the debt of the spouses to retain the land. After full payment by the
spouses, lawyer refused to return the land. Heirs of Angalan engaged the services of Atty.
Delante to recover their property from the Spouses Eustaquio. The heirs and the Spouses
entered an amicable settlement, in which, they will pay the spouses 30k to recover their
property. Since they have no money, Delante advanced the payment. Later, the heirs found that
the title was transferred to Delante’s name.

Penalty: DISBARMENT

Doctrine: Instead of holding in trust the property of complainants, respondent (1) transferred the
title of the property to his name, (2) refused to return the property to complainants, and (3)
referred to complainant’s charges as malicious and untruthful. Instead of protecting the interests
of complainants, respondent took advantage of complainants and transferred the title of the
property to his name.

CANON 18 – A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE

AND DILIGENCE
Rule 18.01 - A lawyer shall not undertake a legal service which he knows or should know that
he is not qualified to render. However, he may render such service if, with the consent of his
client, he can obtain as collaborating counsel a lawyer who is competent on the matter.

 A lawyer owes entire devotion to the interest of his client, warmth and zeal in the
maintenance and defense of his rights and the exertion of his utmost learning and ability,
to the end that nothing can be taken or withheld from his client except in accordance
with the law.

AGPALO NOTES

 Duty to serve with competence and diligence (in general)

 Must possess the requisite degree of learning, skill and ability which is necessary the
practice of his profession and which others similarly situated possess
 Exert best judgment in the prosecution or defense of the litigation entrusted to him/ her
 Exercise reasonable and ordinary care and diligence in the use of his/ her skill and in the
application of his/ her knowledge to the client‘s cause
 Take steps to adequately safeguard the client‘s interest from his retainer up until his
release or the final disposition of the whole subject matter of the litigation.
 A lawyer‘s pending release from the obligation to the client or the fact that the lawyer
volunteered to be counsel de oficio not justify substandard performance. Neither does
the failure of the client to pay fees warrant abandoning the case.
  Accepting professional employment means he/ she is holding himself/ herself out to the
client to be knowledgeable, competent and skilful to handle the case. There are cases
which require specialized knowledge which a lawyer may not be competent enough to
handle.

Rule 18.02 - A lawyer shall not handle any legal matter without adequate preparation.

 A client is entitled to the benefit of all remedies and defenses authorized by law, and is
expected to rely on his lawyer to avail of these remedies or defenses.

AGPALO NOTES

 Full protection of the client‘s interests requires no less than a mastery of the applicable
law and the facts involved in a case, regardless of the nature of assignment, and
keeping constantly abreast with the latest jurisprudence and developments in all
branches of the law. A lawyer owes that duty not only to the client but to the court, to the
bar and to himself/ herself.
 Attempted presentation of a case without adequate preparation distracts the
administration of justice and discredits the bar. Careless preparation may cast doubt
upon the lawyer‘s intellectual honesty and capacity.
 A lawyer‘s pleading shows the extent of his study and preparation. Inadequate
discussion of the issues raised in the pleading betrays want of industry in the discharge
of a lawyer‘s duties to the client and to the court. Time pressure, inexperience,
assertiveness in espousing client‘s cause, good faith, and honest intention may not
excuse a lawyer from preparing a proper pleading.
 A lawyer may interview a witness in advance of trial to guide him in the management of
the litigation. Proper discharge of an attorney‘s duties require that he ascertains from
witnesses what the latter knows and does not know about the facts in the controversy.
 A lawyer may also interview a prospective witness for the opposing side in any civil or
criminal action without the consent of the opposing counsel or party. Ethics dictate
though that the lawyer should avoid any suggestion calculated to induce the witness to
suppress or deviate from the truth.
 A lawyer may also obtain statements from witnesses whose names were furnished by
the opposing counsel even though they are under subpoena to appear as witness for the
opposing side.

Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence in
connection therewith shall render him liable.

 Utmost fidelity is demanded once counsel agrees to take the cudgels for his client’s
cause.
- A lawyer should accept only as many cases as he can efficiently handle in order
to sufficiently protect his clients’ interests.
- It is not enough that a lawyer possesses the qualification to handle the legal
matter; he must also give adequate attention to his legal work.
  The failure to exercise that degree of vigilance and attention makes such lawyer
unworthy of the trust reposed in him by his client and makes him answerable not just to
his client but also to the legal profession, the courts and society.

AGPALO NOTES

 The legal profession is a jealous mistress which requires of a lawyer that degree of
vigilance and attention expected of a good father of a family.
 A lawyer is expected to exercise ordinary diligence. He is not bound to exercise
extraordinary diligence.

 What accounts for carelessness and negligence depends upon the circumstances of the
case. It has been held that there is want of require diligence when the lawyer without
sufficient justification, failed to:
o Bring the action immediately
o File the answer to the compliant within the reglementary period
o Inform the client of an adverse judgement within the reglementary period
o Take steps to have the adverse decision reconsidered or appealed
o Notify the client of the date of the hearing
o Attend the scheduled pre-trial conference or hearing
o Prosecute the action for a reasonable period
o Ascertain the correct date of receipt of decision
o Acquaint himself with what happened in the litigation
o Pay the docket fee on appeal
o Claim judicial notice sent by mail
o File the appellant‘s brief
 A lawyer should not prolong litigation as an excuse to exploit the client to collect bigger
fees
 If the lawyer cannot appear at the scheduled hearing he should either,
o Request for another lawyer to appear for him and see to it that the lawyer does
appear for him
o Ask for postponement, although he should still provide contingency measures in
the event that the motion for postponement gets denied
 A lawyer who has two or more cases in different courts set for trial on the same date
without his previous knowledge should immediately ask for postponement of the case or
cases. He should present the postponement as such time practicable to prevent the
adverse party from coming to court with his witnesses on the date of the trial.
 In a situation where an attorney retained in a case the trial of which is set for a date on
which he knows he cannot appear because of his engagement in another trial previously
set for the same date, he has no right to presume that the court will necessarily grant
him a continuance. The most ethical thing for him to do in such a situation is to inform
the prospective client of all the facts so that the latter may retain another attorney. If the
 client, having full knowledge of all the facts, still retains the attorney, he assumes the risk
himself.
 A lawyer should also see to it that the client attend the pre-trial conference. If the client
cannot appear, then the attorney should secure from the client a written authority to
compromise the action and submit the case to arbitration. Failure to take this action may
put the client in default and subject the attorney to disciplinary proceedings.
 While a motion for extension of time to file a pleading, motion, brief or memorandum has
remained unacted by the court, the least that is expected of a lawyer in the meanwhile is
to file it within the time asked for.
 Adoption of system to insure receipt of mails: A lawyer ought to have a system that will
insure his prompt receipt of notices and communications sent to him by registered mail
at his address of record. If he fails to claim his mail within five days from the date of the
first notice of the postmaster, service shall take effect at the expiration of such time.
 Notice of change of address: A lawyer owes his client the court the duty to make of
record his correct address and to inform he court in writing of his change of address.
Without his address being onrecord, a lawyer will not be entitled to be served with
judicial notice.
 Notice of the death of client: A lawyer should inform the court, within 30 days, of the
death of his client, and if the claim survives the death, also to inform of the names of the
legal representatives of the deceased so that the latter can be substituted as parties.
 Requiring the clerk of court to do his duty: If the clerk of court is negligent, it is the
lawyer‘s duty to call the attention of the court to that fact or to file necessary motion to
set the case for pre-trial or trial. Failure to take such step may justify the dismissal of the
action for failure to prosecute.
 Standard of duty required of a defense counsel: An attorney for the defense in a criminal
action, whether as counsel de parte or counsel de oficio has the right and duty to render
effective legal assistance to the accused, irrespective of his personal opinion as the guilt
of his client. The right to counsel means an efficient and truly decisive legal assistance
and not simply a perfunctory representation. A defense counsel is expected to present
every defense and mitigating circumstance that the law permits to the end that his client
may not deprived of life or liberty but by due process of law legally applied.
o A lawyer should not put a witness on the stand whom he knows will give a false
testimony.
o A lawyer may not cause the transfer, through misrepresentation, of a case
pending in one sala to another of the same court without the knowledge and
consent of the judge taking cognizance of said case, for the purpose of obtaining
from the second sala a more satisfactory remedy or a lighter penalty.
o He may not abandon the client even if he is convinced of his client‘s guilt. Nor
may he admit the guilt of his client or the truth of the facts on which the guilt of
his client depends.
 Standard required of a counsel de oficio: Expected to render effective service and his
best efforts on behalf of an indigent accused. The court requires of a lawyer strict
accountability in the performance of his duty to the impoverished litigant.
 On pleading guilt: A plea of guilty is an admission of the crime charged in the information
and truth of the facts alleged, including the qualifying and mitigating circumstances.
When the client intends to enter into a plea of guilt, it is the duty of the defense counsel
to:
o Fully acquaint the client with the records and surrounding circumstances of the
case
o Confer witht he client and obtain his account of the facts
o Advise him of his constitutional rights
o Thoroughly explain to him the import of a guilty plea and the inevitable conviction
that will follow
o See to it that the procedure which is necessary in the administration of justice is
followed and disclosed in the court records.
 On pleading guilt: In a prosecution for a grave offense, the court should require the
taking of the testimony after a plea of guilty on the part of the accused so as to establish
the precise degree of his culpability.
 The taking of testimony after a plea of guilty could prevent the imposition of an incorrect
penalty. Also the guilty-plea system aims to prevent “professional writ-runners and
pleads” – lawyers who handle large volume of cases for less than spectacular fees by
advising influencing, coercing clients to plead guilty irrespective of their guilt of
innocence.

LEGARDA V. CA (“Failed to file an answer to the complaint”)

Facts: Atty. Coronel neglected to file an answer to the complaint against his client, he set off
events which resulted in the deprivation of petitioner‘s rights over her house and lot, so the
decision became final and executory, and didn‘t even file motion for reconsideration.
Coronel was negligent in handling his client’s case due to health reasons and heavy
workload. Court expected more from him, especially as he was a law school dean, and his
negligent conduct was occurring more frequently.

Penalty: SUSPENDED for 6 months

Doctrine: Failing to exercise due diligence in protecting and attending to the interest of his
client caused the latter material prejudice. The moment a lawyer takes a client‘s cause, he
covenants that he will exert all effort for its prosecution until its final execution. (suspended
for 6 mos.)

ENDAYA V. OCA (“Failed to file a pleading”)

Facts: In a case of unlawful detainer against his client, Atty. Oca was assigned by the PAO
to handle the case, but he attended only the preliminary conference and didn‘t submit any
memo during the trial. Endaya sought the services of Atty Oca from the Public Atty’s office in
a unlawful detainer suit. Atty. Oca failed to submit pleadings, affidavits and position papers
to aid Endaya’s cause. Endaya subsequently lost the case, resulting in the eviction of his
family from their house, leading Endaya to believe that such loss may be attributed to the
negligence of Atty Oca.
Penalty: SUSPENSION for 2 months

Doctrine: Failure to file the required pleadings, because he believes it‘s unnecessary or
futile, belies lack of diligence and commitment. His acts did not prejudice his clients (the
court made a decision favorable to his clients), but the failure per se is a violation of the
CPR, Rule 18.03. It denied the clients a fair chance to put up a fair fight in the dispute.

CARANDANG V. OBMINA (“Failed to inform client of court‘s decision”)

Facts: Atty. Obmina lost a case, and didn‘t inform client of the adverse decision. Client only
knew of it when daughter visited the RTC and inquired of the status of the case. The action
for appeal already prescribed, and Obmina said he didn‘t file an appeal because his clients
had no financial capacity for an appeal. Atty. Obima failed to inform Carandang that he lost
the said case and therefore lost the opportunity to appeal the decision.

Penalty: SUSPENSION for 1 year

Doctrine:

AGOT V. RIVERA

Facts: Complainant Agot alleged that she was invited as maid of honor in her best friend’s
wedding on December 9, 2007 at the United States of America. To facilitate the issuance of
her United States (US) visa, complainant sought the services of respondent who
represented himself as an immigration lawyer. Thus, on November 17, 2007, they entered
into a Contract of Legal Services (Contract), whereby respondent undertook to facilitate and
secure the release of a US immigrant visa in complainant’s favor prior to the scheduled
wedding. In consideration therefor, complainant paid respondent the amount of P350,000.00
as downpayment. The parties likewise stipulated that should complainant’s visa application
be denied for any reason other than her absence on the day of the interview and/or for
records of criminal conviction and/or any court-issued hold departure order, respondent is
obligated to return the said downpayment. However, respondent failed to perform his
undertaking within the agreed period. Worse, complainant was not even scheduled for
interview in the US Embassy. As the demand for refund of the downpayment was not
heeded, complainant filed a criminal complaint for estafa and the instant administrative
complaint against respondent. Respondent then claimed that his failure to comply with his
obligation under the Contract was due to the false pretenses of a certain Rico Pineda who
he had believed to be a consul for the US Embassy and to whom he delivered the amount
given by the complainant.

Penalty: SUSPENDED 2 YEARS + STERN WARNING + RETRUN DOWNPAYMENT

Doctrine: Under Rule 18.03, Canon 18 of the CPR, once a lawyer takes up the cause of his
client, he is duty-bound to serve the latter with competence, and to attend to such client’s
cause with diligence, care, and devotion whether he accepts it for a fee or for free. He owes
fidelity to such cause and must always be mindful of the trust and confidence reposed upon
him.Therefore, a lawyer’s neglect of a legal matter entrusted to him by his client constitutes
inexcusable negligence for which he must be held administratively liable

FRANCISCO V. FLORES

Facts: Atty. Francisco alleged that he filed a Complaint for forcible entry against Rainier
Fineza and his mother, Teodora Fineza, who were represented by Atty. Flores. Although,
the Fineza’s won the case in the Municipal Trial Court and with the appeal by Atty.
Francisco being denied by the RTC, the RTC granted a subsequent motion for
reconsideration by Atty, Francisco and ordered the Finezas to vacate the property in dispute
and pay rentals. Atty. Flores filed a motion for reconsideration but was denied by the RTC,
and no appeal, amendment or modification was later made by Atty. Flores which made the
decision of the RTC final and executory. It was alleged that Atty. Flores was negligent when
he "did not make himself available" during that period when his clients could still question
the trial court's denial of the Motion for Reconsideration by filing a Petition for Review before
the Court of Appeals. The Court held that respondent's explanation that he was on vacation
is not sufficient. Being the lawyer who filed the Motion for Reconsideration, he should have
been prepared for the possibility that his Motion would be acted upon by the trial court
during the time that he was on vacation. Moreover, when the respondent allegedly informed
the Finezas of the trial court's Order, he should have immediately discussed the matter with
his clients. The records of this case show that he did not consult his clients on what legal
remedies they would like to avail themselves of after the denial of the Motion for
Reconsideration.

Penalty: SUSPENDED 2 YEARS + STERN WARNING

Doctrine: Failure of counsel to act upon a client's case resulting in the prescription of
available remedies is negligence in violation of Canon 18 of the Code of Professional
Responsibility. The general rule is that notice to counsel is notice to client. This rule remains
until counsel notifies the court that he or she is withdrawing his or her appearance, or client
informs the court of change of counsel. Untruthful statements made in pleadings filed before
courts, to make it appear that the pleadings are filed on time, are contrary to a lawyer's duty
of committing no falsehood.

Rule 18.04 - A lawyer shall keep the client informed of the status of his case and shall
respond within a reasonable time to the client's request for information.

 As an officer of the court, it is the duty of an attorney to inform her client of whatever
information she may have acquired which it is important that the client should have
knowledge of. Keeping the client informed of the developments of the case will minimize
misunderstanding and [loss] of trust and confidence in the attorney.
 Regardless of their personal views, lawyers must present every remedy or defense
within the authority of the law in support of that cause.

AGPALO NOTES
 A lawyer should advise his client promptly whenever he has any information to give
which it is important the client receive.
 The client is entitled to the fullest disclosure of the mode o manner by which his interest
is defended or why certain steps are taken or omitted. It is also the duty of the client to
make proper inquiries from his counsel concerning his case.
 It is as unwarranted for a lawyer to wilfully fail to advise his client of the progress of his
litigation as to give his client erroneous information concerning the status of the case.

BLANZA V. ARCANGEL (“Failure to observe due diligence for “the lack of a fee for
the services)

Facts: Atty. Arcangel volunteered to assist people in claiming pension of their deceased
husbands who were Constabulary soldiers. Six years lapsed yet there was no progress on
the case, and refused to return clients‘documents upon demand. Yet the evidence is
insufficient to warrant the taking of disciplinary action.

Penalty: No disciplinary action

Doctrine: A fee is not required to establish the lawyer-client relationship; having volunteered
his services, he was bound to attend to the complainants‘ claims with all due diligence. (no
disciplinary action)

ABAY V. MONTESINO (“Abandoned client. Failure to file an appellant‘s brief and to

disclose the adverse decision of the court on the appeal.”)

Facts: Atty. Montesino was counsel for the Negros Institute of Technology, and on appeal of
the case, although he filed a Notice of Appeal, he failed to submit an appellant‘s brief, and
the CA dismissed the case. He supposedly never told the NIT that its appeal had already
been dismissed. He said that to pursue the appeal would be frivolous and taxing to the CA‘s
time. Abay and Atty. Montesino disagreed on the legal course to be taken regarding the
appealed case. Atty. Montesino strongly advised Abay to abandon the appeal and to
consider the other available remedies. Abay, on the other hand, wanted to pursue it. Without
informing Abay, Atty. Montesino abandoned the appeal.

Penalty: SUSPENSION for 6 months

Doctrine: The abandonment by the attorney his client‘s cause made him unworthy of the
trust that his client reposed in him. If indeed respondent felt unable or unwilling to continue
his retainership, he should have properly withdrawn his appearance and allowed the client
to appoint another lawyer.

RAMISCAL V. ORRO

Facts:

Penalty:
 Doctrine:

CANON 19 – A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL

WITHIN THE BOUNDS OF THE LAW
Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful objectives
of his client and shall not present, participate in presenting or threaten to present unfounded
criminal charges to obtain an improper advantage in any case or proceeding.

Rule 138, Sec. 20. Duties of attorneys. - It is the duty of an attorney:

(d) To employ, for the purpose of maintaining the causes confided to him, such means only as
are consistent with truth and honor, and never seek to mislead the judge or any judicial
officer by an artifice or false statement of fact or law;

AGPALO NOTES

 A lawyer‘s zeal should not go beyond the limits of law, sobriety and decorum.
 A lawyer should not offer in evidence any document which he knows is false nor present
any witness whom he knows will perjure.
 A lawyer should not state his personal belief as to the soundness or justice of his case.
o The lawyer‘s personal belief has no bearing on the case.
o If expression of belief were permitted, it would give improper advantage to the
more experienced lawyer whose opinion would carry more weight.
o Assuming it is permitted, omission to make such an assertion might be taken as
an admission of the lack of belief in the soundness of the client‘s cause.
 Duty to restrain client from impropriety: A lawyer should use his best efforts to restrain
and to prevent his client from performing acts which he himself ought not to do,
particularly which reference to the conduct toward the court. Example: A lawyer may not
sanction his client‘s act of compromising the action with the adverse party without the
knowledge of the latter‘s attorney.
 A lawyer who employs the negative defense of lack of knowledge or information solely
for the purpose of delay is liable for disciplinary action.
 On matrimonial cases: What is unethical is the lawyer‘s participation in any collusion
between the parties. A lawyer should not only avoid being a party to a collusion, he must
also avoid any act which may invite or raise the suspicion of collusion.

ENRIQUEZ V. LAVADIA

Facts:
Penalty:

Doctrine:

CHUA V. DE CASTRO

Facts:

Penalty:

Doctrine:

Rule 19.02 - A lawyer who has received information that his client has, in the course of the
representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the
client to rectify the same, and failing which he shall terminate the relationship with such
client in accordance with the Rules of Court.

AGPALO NOTES

 This rule is contrary to Canon 41 of the CPR – “when a layer discovers that some fraud
or deception has been practiced, which was unjustly imposed upon the court or party, he
should endeavour to rectify it; at first by advising his client and if his client refuses to
forego the advantage thus unjustly gained he should properly inform the injured person
or his counsel so that they may take appropriate steps.”
 Canon 41 may collide with the lawyer‘s duty to keep the client‘s confidence inviolate
which is why this rule merely requires the lawyer to terminate his relationship with the
client in the event the latter fails or refuses to rectify the fraud.

Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the case.

AGPALO NOTES

 A lawyer is not a gun for hire; he should resist any unlawful instruction from the client.
 A lawyer should endeavour to seek instruction from his client on any substantial matter
concerning the litigation, which may require decision on the part of the client, such as
whether to compromise the case or to appeal an unfavourable judgment.
 The lawyer‘s duty to the court, no less than the dignity of the legal profession, requires
that he should not act like an errand-boy at the beck and call of his client, ready and
eager to do his bidding.
 A lawyer‘s duty to the court is not secondary to that of his client.