This case has been cited 7 times or more.
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2012-12-11 |
PER CURIAM |
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| "Once lawyers agree to take up the cause of a client, they owe fidelity to the cause and must always be mindful of the trust and confidence reposed in them."[20] A client is entitled to the benefit of all remedies and defenses authorized by law, and is expected to rely on his lawyer to avail of these remedies or defenses.[21] | |||||
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2012-11-14 |
BERSAMIN, J. |
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| For administrative liability under Canon 18 to attach, the negligent act of the attorney should be gross[21] and inexcusable[22] as to lead to a result that was highly prejudicial to the client's interest.[23] Accordingly, the Court has imposed administrative sanctions on a grossly negligent attorney for unreasonable failure to file a required pleading,[24] or for unreasonable failure to file an appeal,[25] especially when the failure occurred after the attorney moved for several extensions to file the pleading[26] and offered several excuses for his nonfeasance.[27] The Court has found the attendance of inexcusable negligence when an attorney resorts to a wrong remedy,[28] or belatedly files an appeal,[29] or inordinately delays the filing of a complaint,[30] or fails to attend scheduled court hearings.[31] Gross misconduct on the part of an attorney is determined from the circumstances of the case, the nature of the act done and the motive that induced the attorney to commit the act.[32] | |||||
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2011-08-24 |
BERSAMIN, J. |
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| Quantum meruit - literally meaning as much as he deserves - is used as basis for determining an attorney's professional fees in the absence of an express agreement.[72] The recovery of attorney's fees on the basis of quantum meruit is a device that prevents an unscrupulous client from running away with the fruits of the legal services of counsel without paying for it and also avoids unjust enrichment on the part of the attorney himself.[73] An attorney must show that he is entitled to reasonable compensation for the effort in pursuing the client's cause, taking into account certain factors in fixing the amount of legal fees.[74] | |||||
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2011-03-15 |
PER CURIAM |
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| Undoubtedly, Atty. Ricafort was required to hold in trust any money and property of his clients that came into his possession,[26] and he needed to be always mindful of the trust and confidence his clients reposed in him.[27] Thus, having obtained the funds from the Tarogs in the course of his professional employment, he had the obligation to deliver such funds to his clients (a) when they became due, or (b) upon demand.[28] | |||||
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2010-03-26 |
ABAD, J. |
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| The practice of law is a privilege given to lawyers who meet the high standards of legal proficiency and morality. Any violation of these standards exposes the lawyer to administrative liability.[14] | |||||
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2006-08-31 |
YNARES-SANTIAGO, J. |
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| The practice of law is a privilege bestowed on those who show that they possessed and continue to possess the legal qualifications for it. Indeed, lawyers are expected to maintain at all times a high standard 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.[7] | |||||
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2006-02-23 |
YNARES-SANTIAGO, J. |
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| Lawyers are instruments for the administration of justice. As vanguards of our legal system, they are expected to maintain not only legal proficiency but also a high standard of morality, honesty, integrity and fair dealing. In so doing, the people's faith and confidence in the judicial system is ensured.[19] Lawyers may be disciplined whether in their professional or in their private capacity for any conduct that is wanting in morality, honesty, probity and good demeanor.[20] Any gross misconduct of a lawyer in his profession or private capacity is a ground for the imposition of the penalty of suspension or disbarment because good character is an essential qualification for the admission to the practice of law and for the continuance of such privilege.[21] | |||||