Administrative liabilities of lawyers

Preliminary

1. Right to practice law being just a privilege is burdened with conditions

 Membership in the bar is a privilege with conditions

 Same may be suspended or removed

 Most important: Mind fullness, lawyer is an officer of the court

 Legal profession is subservient to the court

 Courts have the inherent power to adopt proper and adequate measures to preserve their integrity

 Investigate charges of error, abuse or misconduct of their official and subordinates including lawyers

2. Warning, admonition and reprimand distinguished

 Lawyer may

 Tobias V. Veloso

 Warning, act or fact putting one on his guard against an impending danger, evil consequences or
penalties

 Admonition, gentle or friendly reproof, mild rebuke, warning or reminder, counselling, on a fault,
error or oversight, an expression of authoritative advice or warning (not penalties)

 Reprimand, more severe nature - public and formal censure or severe reproof, administered to a
person in fault by his superior officer or a body to which he belongs

3. Suspension, concept

 Temporary withholding of the lawyers privilege to practice his profession for a certain period, or for
an indefinite period of time. (act of the court)

4. Indefinite suspension is not a cruel punishment when warranted

 Gives him a chance to purge himself in his own good time of his contempt or misconduct by
acknowledgement and exhibition of appropriate repentance and demonstration of willingness to live
up to the standards

5. Limit of suspension to practice law

 Refers only to suspension from the practice of law

6. Disbarment, concept

 Act of the Philippine supreme court in withdrawing from an attorney the privilege to practice law

 Name is stricken out from the roll of attorneys

 Doesn't have the right to use the prefix “atty.”

 Cant sign pleadings

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7. Contempt and disbarment are different

 Separate and distinct

 The exercise of one does not exclude the exercise of the other

8. Who has the power to discipline errant lawyers

 Supreme court has full authority to warn, admonish, reprimand, suspend and disbar

 Court of Appeals & Regional trial courts can warn, admonish, reprimand and suspend. Cant disbar

 RTC judge cant summarily suspend a lawyer as punishment for indirect contempt

 Inferior court not empowered

 Justices of the supreme court may not be disbarred unless impeached first in accordance with the
constitution same is true with other impeachable officers

9. Main objective of disbarment and suspension

i. Compel the atty to deal fairly & honestly with his clients

ii. Remove from the profession person whose misconduct has proved him unfit to be entrusted with the
duties and responsibilities belonging to the office of an attorney

iii. Punish the lawyer although not so much as to safeguard the administration of justice

iv. Set an example or a warning for other members of the bar

v. Safeguard the administration of justice from incompetence and dishonesty

vi. Protect the public

10. No private interest is involved in disbarment

 Disciplinary proceedings afford no redress for private grievance

 Only undertaken and prosecuted for the public welfare

 Complainant is not a party and has no interest in the outcome

 Result cant be a source of right enforce in another action (Action for re conveyance and damages)

11. Goal of disbarment

 Restore justice

12. Power to discipline lawyers is judicial in nature

 Exercised only by the courts

 Cant be defeated by the legislative or executive departments

 Legislature may provide in a statute that certain acts may require disbarment

 Authority of the SC rooted in its constitutional prerogative to regulate the practice of law and the
admission of persons to engage therein

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13. Characteristic of disbarment proceeding

 Class by itself

 Sui generi

 Neither civil or criminal

 Double jeopardy cannot be availed

 Can be initiated motu proprio by the SC or IBP or with a complaint

 Can proceed regardless of interest or lack of interest of the complainant

 Imprescriptible. Nor subject to the defense of prescriptions.

 Ordinary statutes of limitation have no application to disbarment proceedings

 Conducted confidentially until its final determination

 It is itself due process of law

 Whatever has been decided cannot be a source of right that may be enforced in another action

 In pari delicto rule is not applicable

 Penalty in disbarment case cannot be the alternative

14. Restriction on the power to suspend and disbar

 Exercised wisely in such a way that the rights and independence of the bar will be scrupulously
guarded and maintained by the court as the rights and dignity of the court itself.

 Should only suspend or disbar if the courts find that the continuance of the atty would be subversive
to the proper respect of the court for itself or a proper regard for the integrity of the profession

15. Power to disbar must be exercised with caution

 With great caution

 Only in clear cases of misconduct which seriously affects the standing and character of the lawyer

 Lawyers good name is his most important possession

 Lawyers reputation is likened to a plant of tender growth

 Power should not be exercised in an arbitrary and despotic manner

 Exercised with moderation under a sound and just judicial discretion whereby the independence of
the bar and its rights shall be guarded

GROUNDS FOR SUSPENSION OR DISBARMENT OF MEMBERS OF THE BAR

1. Specific grounds

a. Deceit

b. Malpractice or other gross misconduct

c. Grossly immoral conduct

d. Conviction of a crime involving moral turpitude

e. Violation of oath of office

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f. Wilful disobedience

g. Corrupt or wilful appearance as an atty for a party to case without atty to do so

2. Scope of the word “conduct”

 Not limited to conduct exhibited in connection with the performance of the lawyer’s professional
duties

 Includes gross misconduct not connected with his professional duties which shows him unfit for the
office and unworthy of the privilege which his license and law confer upon him

3. General or comprehensive ground; gross misconduct

 Whether in his professional or private capacity (puts his moral character is serious doubt)

 “Because the nature of the office of the atty at law requires that he shall be a person of good moral
conduct” - Mendez V. Decena

A. DECEIT

1. Concept of deceit

 Consists in a misrepresentation or in the positive assertion of a falsehood, or in the creation of a false

 General rule, must be false representation as to a matter of fact

 An act or spoken or written words by a party to mislead another into believing something to be true
when it is not so in fact

 There is deceit when the act is performed with deliberate intent

 It is fraudulent and deceptive misrepresentation, artifice or device used by one or more persons to
deceive and trick another who is ignorant of the true facts to the prejudice and damage of the party
impose upon

2. There is no presumption of innocence in favor of the lawyer

 Because it is an easy position to take advantage of the credulity and ignorance of his client

B. MALPRACTICE OR OTHER GROSS MISCONDUCT

1. Malpractice, concept

 Refers to any malfeasance or dereliction of duty committed by a lawyer

 Legal malpractice, failure of an atty to use such skill, prudence and diligence as lawyers of ordinary
skill and capacity commonly possess and exercise in performance of tasks which they undertake and
when such failure proximately causes damage it gives rise to an action in tort

2. Gross misconduct, concept

 Any inexcusable, shameful or flagrant unlawful conduct on the part of the person concerned in the
administration of justice which is prejudicial to the rights of the parties or to the right determination
of a cause a conduct that is generally motivated by premeditated, obstinate or intentional purpose

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3. Instances of malpractice and gross misconduct

 Failure of a lawyer to appeal in allowing the period of appeal to lapse

 Failure of a lawyer to submit his clients case brief within the reglementary period

 Perpetration and notarization of immoral contracts or agreements

 Notarizing a forged document

 Perpetration by a notary public of a false affidavit

 Solicitation of cases either directly or indirectly through paid agents or brokers

 Abandonment of a client’s case

 Delay in the filing of a client’s case

 Notary public who makes it appear in the jurat of a contract that an affiant exhibited to his his
residence certificate when in fact he did not do so

 Acknowledging a special power of attorney in the absence of one of the parties

 Compromising a client’s case without authority

 Representing conflicting interests

 En roaching upon the business of another lawyer

 Advertisement of a lawyers skill in a newspaper or publication

 Cooperating in illegal practice of law

 Conversion of clients money to his

 gross negligence

 Notarizing ones own affidavit

 Intimidating a client by a display of a revolver

 Refusal to pay IBP dues

 Practicing law despite the lawyers suspension

C. GROSSLY IMMORAL CONDUCT

1. Grossly immoral conduct, concept

 That conduct which is willful, flagrant, or shameless, and which shows a moral indifference to the
opinion of the goof and respectable members of the community

2. Is the sexual intimacy of a male lawyer with a woman not his wife of without the benefit of marriage
grossly immoral per se?

 Depends on the circumstances of each case

D. CONVICTION OF A CRIME INVOLVING MORAL TURPITUDE

1. Moral turpitude, defined

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 Everything which is done contrary to justice, modesty, or good morals: an act of baseness, vileness or
depravity in the private and social duties which a man owes his fellowmen or to society in general,
contrary to justice, honestly, modesty or good morals

2. Pendency of criminal charges

 Cant be a ground for disbarment

 Presumed innocent unless other wise proven guilty with finality

 No longer holds after conviction

E. VIOLATION OF OATH OF OFFICE

1. The atty oath is a condensed code of ethics

 Not just mere formality

 Solemn affirmation of the lawyers life time commitment to be a loyal citizen, law abiding person,
defender of truth and justice an advocate of the rule of law

2. Violation of oath, consequences

 Ground of suspension or disbarment

F. WILFUL DISOBEDIENCE OF ANY LAWFUL ORDER OF A SUPERIOR COURT

 Disobedience must be wilful

 Lawyer who is directed to so something such as render records and appear as counsel de officio, may
be disciplined for wilful disobedience

G. CORRPUPT OR WILFUL APPEARANCE FOR A CLIENT WITHOUT BEING EMPLOYED

 Cant appear without being employed unless there is a leave of court

1. Disbarment or suspension of a Filipino lawyer in a foreign country; effect in the Philippines

 Can be used as a ground for his disbarment or suspension in the Philippines

 Prima facie evidence

SPECIAL DISABILITIES OF LAWYERS

1. Purchase of property or rights of clients subject of litigation; purchase is void

 Persons prohibited;

i. Guardians iv. Public officers & employees

ii. Agents v. Judicial officers & employees

iii. Administrators vi. Prosecuting attorney & lawyers

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vii. Other specially disqualifed persons

2. Purchase cannot be ratified

 Nullity is definite

 Cant be cured by ratification

3. Lawyer shall hold the property in trust for the client

 Cant acquire it by prescription

 Client can recover the property including the fruits

 Client must return the purchase price with legal interest

4. When purchase of clients property is not a violation of the law

 When property is not the subject of litigation

 Acquired it before he became counsel for the client

 Mere demand for delivery of the litigated property is not cause for transfer of ownership

5. Extension of Prohibition in Art. 1491

 Applies to legal redemption, compromises and renunciations

 Prohibition also includes leasing of clients property subject of litigation

6. Mortgage

 Included with the prohibition

 Because mortgage may be foreclosed and the property sold at public auction where the lawyer may
bid to be able to collect the loan and interests.

 Ultimate end is purchase

7. Other special disabilities; betrayal of trust; revelation of secrets

 Betrayal of trus (prision correccional)

 Committed when the lawyer undertakes the defense of a client having received confidential
information from said client in a case shall undertake the defense of the opposing party in the same
case without the consent of his first client

8. Presentation of inadmissible affidavits under the rule on summar procedure

 If he submits affidavits stating facts which are not the direct knowledge of the affiants and which are
not admissible in evidence and do not show the competence of the affiants to testify thereto

9. Deliberate non signing and signing of pleadings in violation of the rules; effects

 Unsigned pleading produces no legal effect

 Court may in its discretion allow such deficiency to be remedied if it was due to mere inadvertence

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CIVIL LIABILITY FOR DAMAGES

1. Civil liability of lawyers for intended omission or gross negligence resulting in client’s prejudice

 He is not required to ensure the victory of the cases he handles

 Not bound to exercise extraordinary care only a reasonable degree of care and skill

 What is required of the lawyer in performance of his duties is to exert that degree of vigilance and
attention expected of a good father of a family

2. Requisites to render an atty liable for damages due to his negligence or omission

 Atty client relationship be established

 There is want of reasonable care and diligence

 Injury was suffered by the client which was proximate result thereof

3. Negligence of counsel bind clients; exception

 Clients are prejudiced by the negligence of their lawyers

 Clients are bound by the conduct, negligence and mistake of their counsel

 When the lawyer had practically sold his client down the river or when negligence is so gorss client is
not bound by the negligence or act of the lawyer

4. Rule that mistake of lawyer binds client is not a hard and fast rule

 General rule, clients are bound by the mistake of the counsel

 Exception; when through the recklessness and gross negligence of the counsel the client is deprived
of due process of law or when its application results in the outright deprivation of ones property
through technicality

5. Client must also exercise diligence

 Should maintain contact with their counsel from time to time

 Inform themselves of the progress of their case

 Exercise standard care which an ordinary prudent man bestows upon his business

 Party cant blame his counsel for negligence when he himself was negligent

PROCEDURE IN DISBARMENT AND OTHER DISCIPLINARY PROCEEDINGS

1. Disbarment proceeding, judicial in nature

 Investigation by the SC, by the IBP or other authorized body to determine the fitness of a lawyer to
remain in the roll of attorneys

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 Lawyer as responded is accorded due process of law

 Ultimate authority > S.C

 IBP investigates > Commission on Bar Discipline

2. Presumption of innocence exists in favor of the resp-lawyer

 Respondent is presumed innocent until other wise proved guilty

3. Clearly preponderant evidence is required

 To justify the imposition of either penalty

 Evidence insufficient - required quantum proof is not met

 Case then is dismissed

4. Burden of proof rests upon the complainant

 Rsp lawyer enjoys the legal presumption of innocence

FILING OF COMPLAINT AND INVESTIGATION

1. Officers authorized to investigate disbarment cases

i. SC

ii. IBP > CBD

iii. Office of the solicitor general

iv. CA and RTC for lawyers who appear for litigatigant cases pending before them

2. Where to file a complaint?

 Directly in the SC

 IBP national office

 Any IBP offices in the country

3. How complaint is instituted

 Taken by the SC motu proprio or by the IBP/ verified complaint on any person

 Complaint shall state Clearly facts complained of

 Supported by affidavits of persons having personal knowledge

 Or by such documents as may be substantiate said facts

 6 copes of the complaint filed with the secretary of any of its chapters > transmit to the IBP board of
governors for assignment to an investigator

4. Investigation is mandatory

 Formal investigation is mandatory

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 Ex parte investigation may only be conducted when respondent fails to appeal despite reasonable
notice

5. Board of governors

 IBP divided into 9 regions

 A Governor for each region

 Governors elect their executive VP who become president after their lapse of term of the outgoing
president

 The board is the governing body of the IBP

 Final report & recommendations of the commission on bar discipline are forwarded to the board of
governors for affirmation or modification

6. Suspension of a lawyer by the IBP board of governors; requisites

 A review of the investigators report

 Formal voting

 Vote of at least 5 members of the board

7. IBP should resolve cases on time; application for extension of time should be filed with the supreme
court if more time is needed

 90 day period to finis investigation

 Require more time file with the SC a request for extension giving reason for such request

8. Ignoring IBP proceedings; effect

 Ground for suspension and disbarment

9. Disqualification of commissioner or investigator

 Relationship within the 4th degree of consaguinity or affinity to any of the parties or their counsel

 Pecuniary interest

 Personal bias

 Having acted as counsel for either party

 Unless the parties sign and go on record their written consent

 If investigators don’t disqualify

 Arty may appeal to the IBP board of governors - majority votes - there being a quorum may order his
disqualification

10. Who can file?

 Any person aggrieved

 Who knows of the lawyers misconduct

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11. Lawyers who can be investigated

 All lawyers whether public or private

 Except those who are in the judiciary

12. Confidentiality of disbarment or suspension proceedings

 Professional success a lawyer depends almost entierly on hiss good rpeutation

 If tarnished difficult to restore

 Lawyers good name most important possession

 Avoid the unnecessary ruin of a lawyers name

 Confidential until final determination

13. Mitigating circumstances in disbarment cases

i. Good faith in acquisition of a property of the client subject to litigation

ii. Inexperience of the lawyer

iii. Age

iv. Apology

v. lack of intention

14. Affidavit of desistance, settlement, compromise, restitution, withdrawal of charges or failure to

 General rule; no investigation shall be interrupted unless the SC motu proprio or upon
recommendation of the IBP board of governors determine that there is no compelling reasons to
continue with the disbarment or suspension proceeding against the respondent

15. Withdrawal of complain, effect

 There is no more evidence

 Case is dismissible

 Authenticity and voluntariness of the withdrawal must be determined

16. Lack of interest to prosecute; effects

 May justify dismissal of the case

APPLICATION FOR REINSTATEMENT

1. Reinstatement, concept

 Restoration to a disbarred lawyer the privilege to practice law

 Nothing more than readmission to membership in the bar

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2. Supreme court alone has the power to reinstate

 Constitutional prerogative to promulgate rules on the admission of applicant to the practice of law

3. Criteria for reinstatement

i. Appreciation of the significance of his dereliction

ii. Assurance to the court that he now possesses the requisite probity and integrity necessary to
guarantee his worthiness to be restored to the practice of law

iii. Time elapsed between disbarment and application for reinstatement

iv. Good conduct and honorable dealing subsequent to his disbarment

v. Active involvement in civic, educational and religious organizations

vi. Favorable endorsement of IBP as well as local government officials and citizens of his community

vii. Pleas of his mother and wife for the sake and fortune of his family

4. Effects of reinstatement

 Wipes out restrictions and disabilities resulting from a previous disbarment

5. Conditions may be imposed

6. Lifting of suspension, bases

 Requires strong proofs of rehabilitation

 Satisfactory evidence that he has given up immoral course of conduct

EXECUTIVE PARDON

1. Is a disbarred lawyer due to conviction for a crime automatically reinstated to the practice of law upon
being pardoned by the president?

 There is still a need for filing an appropriate petition with the SC

2. Effect of executive pardon

 depend whether the executive pardon is absolute or conditional

 Absolute - dismissed

 Conditional - no dismissal

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