This case has been cited 1 times or more.
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2005-03-16 |
TINGA, J. |
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| Neither is the Court mollified by the circumstance of Atty. Ortiz's election as a City Councilor of Bacolod City, as his adoption of these additional duties does not exonerate him of his negligent behavior. The Code of Professional Responsibility does allow a lawyer to withdraw his legal services if the lawyer is elected or appointed to a public office.[19] Statutes expressly prohibit the occupant of particular public offices from engaging in the practice of law, such as governors and mayors,[20] and in such instance, the attorney-client relationship is terminated.[21] However, city councilors are allowed to practice their profession or engage in any occupation except during session hours, and in the case of lawyers such as Atty. Ortiz, subject to certain prohibitions which are not relevant to this case.[22] In such case, the lawyer nevertheless has the choice to withdraw his/her services.[23] Still, the severance of the relation of attorney-client is not effective until a notice of discharge by the client or a manifestation clearly indicating that purpose is filed with the court or tribunal, and a copy thereof served upon the adverse party, and until then, the lawyer continues to be counsel in the case.[24] | |||||