IX. Atty .Marie consulted Atty .Hernandez whether she can successfully prosecute her case for declaration of nullity of marriage she intends to file against her husband. Atty. Hernandez advised her in writing that the case will not prosper for the reasons stated therein. Atty .Marie, however, decided to file the case and engaged the services of another lawyer, Atty .Pe. Her husband, Noel, having learned about the opinion of Atty .Hernandez, hired him as his lawyer . Is Atty .Hernandez's acquiescence to be Noel's counsel ethical? 3%