This case has been cited 4 times or more.
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2007-11-23 |
CHICO-NAZARIO, J. |
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| No lawyer is obliged to advocate for every person who may wish to become his client, but once he agrees to take up the cause of a client, the lawyer owes fidelity to such cause and must be mindful of the trust and confidence reposed in him.[12] Among the fundamental rules of ethics is the principle that an attorney who undertakes an action impliedly stipulates to carry it to its termination, that is, until the case becomes final and executory. | |||||
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2004-05-26 |
QUISUMBING, J. |
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| No lawyer is obliged to advocate for every person who may wish to become his client, but once he agrees to take up the cause of a client, the lawyer owes fidelity to such cause and must be mindful of the trust and confidence reposed in him.[11] Further, among the fundamental rules of ethics is the principle that an attorney who undertakes an action impliedly stipulates to carry it to its termination, that is, until the case becomes final and executory. A lawyer is not at liberty to abandon his client and withdraw his services without reasonable cause and only upon notice appropriate in the circumstances.[12] Any dereliction of duty by a counsel, affects the client.[13] This means that his client is entitled to the benefit of any and every remedy and defense that is authorized by the law and he may expect his lawyer to assert every such remedy or defense.[14] | |||||
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2002-03-07 |
MENDOZA, J. |
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| In another case, [6] this Court held:An attorney is bound to protect his client's interest to the best of his ability and with utmost diligence. A failure to file brief for his client certainly constitutes inexcusable negligence on his part. The respondent has indeed committed a serious lapse in the duty owed by him to his client as well as to the Court not to delay litigation and to aid in the speedy administration of justice. In this case, respondent did not only fail to file an appellees' brief. To make matters worse, after being granted a 30-day extension of the time to file a petition for review of the decision of the Court of Appeals, he again lost through default the benefit of the extension granted as he failed to file his petition for review within the extended period granted. By claiming that this Court did not act on his motion until close to the end of the 30-day period he was asking for, respondent only succeeds in showing ignorance of two basic principles: first, that a party cannot presume that his motion will be granted, and, second, that any extension granted is always counted from the last day of the reglementary period or the last period of extension previously sought and/or granted. The last rule is important because unless the extension from the last day of the reglementary period or the day of last extension is granted, this period would become inextendible. Respondent is thus guilty of violation of Rule 12.03 of the Code of Professional Responsibility which provides that "A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting the same or offering an explanation for his failure to do so." | |||||
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2002-02-28 |
MENDOZA, J. |
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| A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda of briefs, let the period lapse without submitting the same or offering an explanation for his failure to do so. Regardless of the agreement he had with complainant with respect to the payment of his fees, respondent owed it to complainant to do his utmost to ensure that every remedy allowed by law is availed of.[7] Rule 14.04 of the Code of Professional Responsibility enjoins every lawyer to devote his full attention, diligence, skills, and competence to every case that he accepts. Pressure and large volume of legal work do not excuse respondent for filing the petition for certiorari out of time.[8] | |||||