This case has been cited 4 times or more.
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2014-12-10 |
PER CURIAM |
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| A member of the Bar may be penalized, even disbarred or suspended from his office as an attorney, for violation of the lawyer's oath and/or for breach of the ethics of the legal profession as embodied in the CPR.[35] For the practice of law is "a profession, a form of public trust, the performance of which is entrusted to those who are qualified and who possess good moral character."[36] The appropriate penalty for an errant lawyer depends on the exercise of sound judicial discretion based on the surrounding facts.[37] | |||||
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2012-11-14 |
BERSAMIN, J. |
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| Atty. Gonzales-Alzate's legal representation of Turqueza neither resulted in her betrayal of the fidelity and loyalty she owed to Seares, Jr. as his former attorney, nor invited the suspicion of unfaithfulness or double dealing while she was performing her duties as an attorney.[39] Representing conflicting interests would occur only where the attorney's new engagement would require her to use against a former client any confidential information gained from the previous professional relation.[40] The prohibition did not cover a situation where the subject matter of the present engagement was totally unrelated to the previous engagement of the attorney.[41] To constitute the violation, the attorney should be shown to intentionally use against the former client the confidential information acquired by her during the previous employment.[42] But a mere allegation of professional misconduct would not suffice to establish the charge, because accusation was not synonymous with guilt.[43] | |||||
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2012-04-16 |
PERLAS-BERNABE, J. |
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| To stress, the practice of law is a privilege given to lawyers who meet the high standards of legal proficiency and morality, including honesty, integrity and fair dealing. They must perform their fourfold duty to society, the legal profession, the courts and their clients, in accordance with the values and norms of the legal profession as embodied in the Code of Professional Responsibility.[16] Falling short of this standard, the Court will not hesitate to discipline an erring lawyer by imposing an appropriate penalty based on the exercise of sound judicial discretion in consideration of the surrounding facts.[17] | |||||
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2009-10-02 |
CARPIO, J. |
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| We find no conflict of interest when respondent represented Soledad in a case filed by Comtech. The case where respondent represents Soledad is an Estafa case filed by Comtech against its former officer. There was nothing in the records that would show that respondent used against Comtech any confidential information acquired while he was still Comtech's retained counsel. Further, respondent made the representation after the termination of his retainer agreement with Comtech. A lawyer's immutable duty to a former client does not cover transactions that occurred beyond the lawyer's employment with the client.[16] The intent of the law is to impose upon the lawyer the duty to protect the client's interests only on matters that he previously handled for the former client and not for matters that arose after the lawyer-client relationship has terminated.[17] | |||||