Bayot Herrera owns 8 parcels of land (6, according to
Canlas) located in Quezon City Bayot is an attorney charged with malpractice for He obtained various loans from L & R Corporation, having published an advertisement in the Sunday a financing institution (P420K) Tribune He executed deeds of mortgage over the parcels “Secure Marriage License promptly, avoid delay or of land as security of his loans publicity, marriage arranged to wishes of parties, L&R initiated an extrajudicial foreclosure of the consultation free for poor, and everything properties after private respondent failed to pay confidential, secured through their assistance” Respondent filed a complaint for injunction He first denied having published the said over the said foreclosure and for redemption of advertisement but subsequently admitted of doing the parcels of land it through his lawyer 2 years after the filing of the petition, Herrera and He prayed for the mercy and indulgence of the L&R entered into a compromise agreement that Court promising not to repeat such act again gives respondent another year to redeem his He alleged that said advertisement was published properties by payment of P600,000 with interest only once and he did not gain any case as a result at 1% per month and P100,000 attorney’s fees to of it his Atty., Canlas The law states that “"the practice of soliciting However, Herrera remained to be financially cases at law for the purpose of gain constitutes unstable and still wasn’t able to pay malpractice." Herrera and Canlas discussed in private the relief, Law is a profession and not a trade. It is highly and executed a document to transfer rights to unethical for an attorney to advertise his talents or petitioner to redeem the parcels of land of the skill. respondent Considering his plea for leniency and his promise To his dismay, he found out that the properties not to repeat the misconduct, the Court the are already registered in the name of the respondent should be reprimanded petitioner Ledesma vs. Climaco Consequently, respondent filed an adverse claim upon the respective certificates of title Atty. Ledesma was the counsel de parte of one of embracing the properties and likewise alleges the accused in a criminal case that he commenced disbarment proceedings He was appointed as Election Registrar by the Issue is whether Canlas is rightful to have Commission on Elections in Cadiz, Negros acquired in his name the properties of his client Occidental The Court held that lawyering is not a money- He then filed a motion to withdraw as the counsel making business and that a lawyer should not de parte in the criminal case take advantage of the shortcomings of his own Judge Climaco denied it and appointed him as client counsel de officio for the two defendants P100K attorney’s fees was held unreasonable Atty. Ledesma filed a motion again to withdraw on for the fact that his client was known to be the ground that his appointment as Election financially unstable to him, thus, it was reduced Registrar requires his full time to just P20K Judge Climaco still denied it Still, both should pay their obligations to one The proceedings obtained 8 postponements another because of Ledesma’s motions for withdrawal Canlas was ordered to pay Herrera for If Judge Climaco would allow the petition of damages, and to show cause within 10 days Ledesma, it would prejudice the welfare of the why no disciplinary action should be imposed accused to him as a lawyer A lawyer’s duty to court and to client should take precedence over self-interest Albano vs. Coloma
Coloma served as counsel of Albano and his
mother for a period of about 7 yrs. Canlas vs. Court of Appeals and Herrera Albano alleged that Coloma failed to expedite the hearing and termination of a civil case involving Albano and that lead them to have He fell down the second time, he was about to another lawyer to represent them box Soriano again when the latter caught his They were surprised when Coloma intervened fist and turned his arm around. He later in the hearing of the case to collect her released Dizon when he thought he was attorney’s fees and contingent fees already calmed amounting to 1/3 of whatever could be Dizon went back to his car, wrapped a recovered in the damages revolver with handkerchief. Soriano picked up Albano also alleged that their signatures were the eyeglass of Dizon and when he was falsified in the agreement to pay such handing the same to the latter, Dizon fired the This led Albano to file a complaint for gun and shot Soriano on his neck. disbarment against Atty. Coloma He fell on the thigh of Dizon but he was just Albano said that he is a poor man and cannot pushed out and Dizon sped off. afford services of another lawyer to assist him The incident was witness by a certain Antonio in the disbarment proceedings against Coloma and his testimonies matched those of Soriano. who is a very influential woman in Ilocos Dizon contended that the allegations against Norte him were not true and that he was the one Coloma contended that petitioners had who was mauled by Soriano and 2 other already benefited from her services as their unidentified men lawyer as she has lead their cases to Because of his acts of moral turpitude, refusal judgements favorable on their part to render civil liabilities, illegal possession of She has more than 20 papers and pleadings firearms, and frustrated homicide, he was during the case and filed 35-pages report to disbarred. CA In Re Rothman She also contended that in her 20 years of service as a lawyer, she has never used her Rothman and Irving are both lawyers who had influence to corrupt anyone and that people established a law partnership and mortgage of Ilocos Norte have faithfully supported her company with services offered to the public by electing her first as a council and then a The mortgage business and practice of law board member firm were conducted as a single enterprise Thus, the court held that if there is anyone Rothman shared in all the profits of the law who acted in bad faith in this case, it would be partnership including the annual payment the petitioner from the mortgage company to the law Any counsel should be entitled of being fully partnership compensated for her services The company employed several advertising Therefore, disbarment complaint for Coloma firms and public relations counsel extolling the was dismissed services of the mortgage business Soriano vs. Dizon He saw that the mortgage company and the law firm were so intertwined that it was Taxi driver, Soriano, was driving on his way impossible to separate them home when he has overtaken the car of Atty. Rothman himself could not satisfactorily Dizon, a lawyer and a prominent member of explain the arrangement between the Baguio community, who was drunk at that mortgage company and the law firm where time the law firm agreed to provide legal services Dizon tailed the taxi driver until the latter for all real estate and mortgage transactions stopped to make a turn, he then scolded of the company Soriano and held him by his shirt Issue is whether Rothman and Irving are guilty Soriano forced opened the door of his car of violation of the Canons of Professional which caused Dizon to fall on the ground Ethics Soriano felt pity and helped Dizon to get up The court ruled that the advertisements are Enraged, Dizon stoop up immediately and was inconsistent with the contention of the about to box Soriano, when the latter boxed respondents that they are innocent and are of him on the chest instead good faith They did nothing that would interfere with A couple of months passed but the petitioner their business enterprise and resolved all has not yet received any feedback as to the doubts in their own favor against the Canons status of his case. Petitioner made several of Professional Ethics follow-ups in the lawyer’s office but to no By using such advertisements, respondents avail. are guilty of professional misconduct Suspicious of the acts of the lawyer, petitioner If the respondents wish to retain and carry on personally went to the office of the clerk of the business which is so valuable to them they court to see for himself the status of his case. may do so outside their profession as lawyers Petitioner found out that no such case has in a conduct that would not violate the been filed. Canons of Professional Ethics, for if they do, Petitioner confronted Atty. Magulta where he they cannot remain to be a member of the bar continued to lie to with the excuse that the of their state delay was being caused by the court They were severely reprimanded personnel, and only when shown the certification did he admit that he has not at all In Re Sycip filed the complaint because he had spent the These are 2 petitions regarding the two law money for the filing fee for his own purpose. firms mentioned in the title praying that they To appease petitioner’s feelings, he offered to may retain the names of their former reimburse him by issuing two (2) checks, in partners “Sycip” and “Ozaeta” who both the amounts of P12,000.00 and P8,000.00, passed away. respectively. The Court ruled that they should remove the The failure of respondent to fulfill this names of the deceased partners for the obligation due to his misuse of the filing following reasons: fees deposited by complainant, and his Previous jurisprudence: The Court already attempts to cover up this misuse of funds of ruled before in two cases that the names of the client, which caused complainant deceased members should be removed additional damage and prejudice, constitutes Art 1815 of the Civil Code: states that “those highly dishonest conduct on his part, who, not being members of the unbecoming a member of the law profession. partnership, include their names in the firm The subsequent reimbursement by the name, shall be subject to the liability, of a respondent of part of the money deposited by partner” which implies that implies that the complainant for filing fees, does not exculpate partner must be living for his/her name to the respondent for his misappropriation of be included said funds. Practical obligations: A lawyer can just ride on Atty. Magulta was suspended from the the reputation of the old firm practice of law for a period of one (1) year Law is a profession, not a business: A professional partnership rides on the individual skill of the members. Petition suffers legal and ethical impediment.
Burbe vs. Magulta
Petitioner engaged the services of the
respondent to help him recover a claim of money against a creditor. Respondent prepared demand letters for the petitioner, which were not successful and so the former intimated that a case should already be filed. As a result, petitioner paid the lawyer his fees and included also amounts for the filing of the case.
Cowin and Company, Inc. v. Federal Mine Safety and Health Review Commission, Ray Marshall, Secretary of Labor, U. S. Department of Labor, /R, Intervenor, 612 F.2d 838, 4th Cir. (1979)