d. Fidelity (Canon III)

FIDELITY (CANON III)

Concept

Fidelity is the lawyer’s duty of loyalty to the client in a professional relationship founded on trust. A lawyer must pursue the client’s lawful interests with zeal, but loyalty does not permit dishonesty, misuse of client property, or conduct contrary to law and the Code of Professional Responsibility and Accountability (CPRA). (Art. 2, CPRA)¹ (Art. III, CPRA)²

Governing provisions

Canon III of the CPRA governs fidelity. The CPRA’s statement of a lawyer’s responsibilities places advocacy alongside duties to uphold the Constitution, obey the law, safeguard human rights, and assist in the administration of justice. Fidelity therefore means faithful representation within professional and legal limits, not obedience to every instruction a client gives. (Art. III, CPRA)² (Art. 2, CPRA)¹

Requisites / Rules

• Client relationship. Accepting a legal engagement creates a fiduciary relationship. The lawyer must handle the client’s interests, money, and property in keeping with the trust placed in the lawyer. (Costenoble v. Alvarez, A.C. No. 11058, 1 September 2020)³ (Lizada v. ., A.C. No. 14203, 18 February 2025)⁴
• Lawful advocacy. Zeal is bounded by law and the CPRA. If a client pursues an illegal course or insists that the lawyer violate the CPRA, the lawyer may terminate the lawyer-client relationship under Canon III, Section 53. (Art. 2, CPRA)¹ (Lizada v. .)⁴
• Accountability for entrusted property. Fidelity includes accounting for client property and not misappropriating it. Money received for a client’s intended purpose must not be treated as the lawyer’s own. (Lizada v. .)⁴ (Costenoble v. Alvarez)³

Distinctions

The prohibition on a lawyer’s acquisition of an interest in the object of litigation or a transaction addresses a specific danger to independent, loyal representation: the lawyer’s personal interest may compete with the client’s. Civil Code Article 1491(5) separately restricts attorneys from buying property and rights in litigation in which they take part by virtue of their profession. The detailed reach of that restriction belongs to the separate discussion of interests in the object of litigation or transaction. (Civil Code, Article 1491(5)) (Art. III, CPRA)²

Legal aid concerns the provision of legal services to persons who need assistance. It is related to fidelity because the lawyer’s professional duties remain important when representation is undertaken through a legal aid arrangement. It is a distinct subject, however, from the restriction on acquiring an interest in a litigated object: one concerns access to representation, while the other guards against a conflicting personal stake. (A.M. No. 22-11-01-SC) (Art. 2, CPRA)¹ (Civil Code, Article 1491(5))

Bar tip

In a fidelity problem, identify whose interest the lawyer is protecting, whether the lawyer has a competing personal interest, and whether the client’s requested course stays within the law and the CPRA. (Art. 2, CPRA)¹ (Civil Code, Article 1491(5))