SUNTAY v SUNTAY Facts: The complaint for disbarment was filed by Frederico Suntay against his nephew, Atty

Suntay, alleging that respondent was his legal counsel who was privy to all his legal, and political affairs. Since they parted ways, Atty Suntay had been filing complaints and cases against complainant making use of confidential information gained while their attorney-client relationship e isted. !n addition, complainant Suntay alleged that respondent Atty Suntay pursued a case against him for violation of "# $%& for the alleged disappearance of $ creeks traversing complainant's fishpond. (omplainant alleged that Atty Suntay )s possession of the T(T and the blueprint plan of the property while he was still counsel for complainant provided him with the information that there used to be $ creeks traversing the fishpond !n one case, *agno #inglasan demanded from complainant "+,-,--- as consideration for the destruction of complainants record in the .!/, in which #inglasan is an officer. 0hen complainat declined the demand, #inglasan charged complainant with the crime of false testimony and grave oral defamation. #uring the preliminary investigation, Atty Sntay acted as counsel of *agno #inglasan. (omplainant testified that he consulted Atty Suntay about the demand made by #inglasan. !ssue: 0hether the acts of Atty Suntay in filing the complaints constitute malpractice1 2eld: 34S. Atty Suntay acted as counself for clients in case involving sub5ect matters regarding which he had either been previously helped complainant to administer as the latter's counsel and confidant. A lawyer shall preserve the confidences and secrets of his clients even after termination of the attorney-client relation. !t is also not necessary to specify the alleged confidential information used. To make the passing of confidential information a condition precedent would not enhance the welfare of the litigants. 2ence, the necessity of setting down the e istence of the bare relationship of attorney and client as the yardstick for testing incompatibility of interests. Atty Suntay is suspended for $ years. Montano vs. IBP FA(TS: Atty. #ealca, counsel for Felicisimo *ontano withdrew his services for his client upon the latter6s failure to comply with their retainer agreement. 247#: 0e find Atty #ealca's conduct unbecoming of a member of the legal profession. 8nder (anon $$ of the (ode of "rofessional /esponsibility, a lawyer shall withdraw his services only for good cause and upon notice appropriate in the circumstances. Although he may withdraw his services when client deliberately fails to pay the fees for the services, under the circumstances of the present case, Atty. #ealca's withdrawal was un5ustified as

complainant did not deliberately fail to pay him the atty's fees. /ule $-.9 of (anon $%-, mandates that a lawyer shall avoid controversies with clients concerning his compensation and shall resort to 5udicial action only to prevent imposition, in5ustice or fraud. Sadly, for not so large a sum owed to him by complainant :" ;,,--.--<, respondent lawyer failed to act in accordance with the demands of the (ode. .ut, only in a clear case of misconduct that seriously affects the standing and character of the lawyer as an officer of the court and member of the bar will disbarment be imposed a s penalty. CANOY V. ORTIZ Facts: A complaint was filed on April $--+ by (anoy against Atty. =rti>, accusing him for misconduct and malpractice. !t is alleged that (anoy filed a complaint for illegal dismissal against (oca (ola "hilippines. Atty. =rti> appeared as counsel for (anoy in this proceeding. (anoy submitted all the documents and records to Atty. =rti> for the preparation of the position paper. Thereafter, he made several unfruitful visits to the office of Atty. =rti> to follow-up the process of the case. =n April $---, (anoy was shocked to learn that his complaint was actually dismissed way back in +%%? for failure to prosecute, the parties not having submitted their position papers. (anoy alleged that =rti> had never communicated to him about the status of the case. Atty. =rti> informs the (ourt that he has mostly catered to indigent and low-income clients, at considerable financial sacrifice to himself. Atty. =rti> admits that the period within which to file the position paper had already lapsed. 2e attributes his failure to timely file the position paper to the fact that after his election as (ouncilor of .acolod (ity, @he was frankly preoccupied with both his functions as a local government official and as a practicing lawyer.A !ssue: 0BC Atty. =rti> should be sanctionedD 2eld: 3es. Atty. =rti> is to be sanctioned, suspension for + month. Atty. =rti> violated (anons +? and $$. 8nder (anon +?.-;, a lawyer owes fidelity to his client's cause and must always be mindful of the trust and confidence reposed to him. 2e owes his entire devotion to the interest of the client. 2is negligence in connection therewith shall render him liable. 8nder (anon +?.-9, the relationship of a lawyer-client being one of confidence, there is an ever present need for the client to be adeEuately and fully informed of the developments of the case and should not be left in the dark. A lawyer cannot shift the blame to complainant for failing to inEuire the status about the case as this is one of the lawyer's duties. The adoption of additional duties due to the election of Atty. =rti> as councilor does not e onerate him of his negligent behavior. The ("/ allows a lawyer to withdraw his legal service if the lawyer is elected or appointed to a public office since councilors are not e pressly prohibited to e ercise their legal profession.