Legal & Judicial Ethics, 2019 Bar — Question A.5

ESSAY

P was dismissed by his former employer, Company X, for allegedly misappropriating company funds entrusted to him. P alleged that there was no proof to substantiate the same; hence, his dismissal was invalid. Aggrieved, P engaged the services of ABCDE Law Office to represent him in an illegal dismissal case against Company X. Atty. A, a partner of the said law firm, was assigned to handle P's case. Eventually, the illegal dismissal case was terminated upon settlement by all parties, and thus, P's engagement with ABCDE Law Office ceased. Two (2) years after, a criminal case for Qualified Theft was filed by Company X against P based on the same events which filed to his dismissal. To his surprise, P found out that Company X was being represented by ABCDE Law Office in the criminal case. Decrying a violation of the rule on conflict of interest, P filed an administrative complaint against Attys. A, B, C, D, and E, the partners of ABCDE Law Office. (a) Was the rule on conflict of interest violated in this case? Explain. (b) Is the prior termination of P's engagement with ABCDE Law Office a valid defense to the administrative charge against Attys. A, B, C, D, and E? Explain. (c) May Attys. B, C, D, and E be held admin- istratively liable for violating the rule on conflict of interest despite the fact that it was only Atty. A, the handling lawyer, who had knowledge of P's engagement as a client? Explain.

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