This case has been cited 4 times or more.
|
2006-03-10 |
CARPIO, J. |
||||
| Respondent spouses have both been the subject of administrative cases before this Court. In Administrative Case No. 2594, we suspended Jacoba from the practice of law for a period of six months because of "his failure to file an action for the recovery of possession of property despite the lapse of two and a half years from receipt by him of P550 which his client gave him as filing and sheriff's fees."[48] In Administrative Case No. 5505, Jacoba was once again found remiss in his duties when he failed to file the appellant's brief, resulting in the dismissal of his client's appeal. We imposed the penalty of one year suspension.[49] | |||||
|
2004-04-14 |
YNARES-SATIAGO, J. |
||||
| Once he agrees to take up the cause of a client, a lawyer owes fidelity to such cause and must always be mindful of the trust and confidence reposed in him. He must serve the client with competence and diligence and champion the latter's cause with wholehearted fidelity, care and devotion. Elsewise stated, he owes entire devotion to the interest of the client, warm zeal in the maintenance and defense of his client's rights, and the exertion of his utmost learning and ability to the end that nothing be taken or withheld from his client, save by the rules of law, legally applied. This simply means that his client is entitled to the benefit of any and every remedy and defense that is authorized by the law of the land and he may expect his lawyer to assert every such remedy or defense. If much is demanded from an attorney, it is because the entrusted privilege to practice law carries with it the correlative duties not only to the client but also to the court, to the bar and to the public. A lawyer who performs his duty with diligence and candor not only protects the interest of his client; he also serves the ends of justice, does honor to the bar and helps maintain the respect of the community to the legal profession.[15] | |||||
|
2003-12-11 |
YNARES-SANTIAGO, J. |
||||
| Once he agrees to take up the cause of a client, a lawyer owes fidelity to such cause and must always be mindful of the trust and confidence reposed in him. He must serve the client with competence and diligence and champion the latter's cause with wholehearted fidelity, care and devotion. Elsewise stated, he owes entire devotion to the interest of the client, warm zeal in the maintenance and defense of his client's rights, and the exertion of his utmost learning and ability to the end that nothing be taken or withheld from his client, save by the rules of law, legally applied. This simply means that his client is entitled to the benefit of any and every remedy and defense that is authorized by the law of the land and he may expect his lawyer to assert every such remedy or defense. If much is demanded from an attorney, it is because the entrusted privilege to practice law carries with it the correlative duties not only to the client but also to the court, to the bar and to the public. A lawyer who performs his duty with diligence and candor not only protects the interest of his client; he also serves the ends of justice, does honor to the bar and helps maintain the respect of the community to the legal profession.[24] Aggravating her gross negligence in the performance of her duties, respondent abruptly stopped appearing as complainant's counsel even as proceedings were still pending with neither a withdrawal nor an explanation for doing so. This was in gross violation of the following: CANON 22. A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES. (Italics supplied) It must be remembered that while the right of the client to terminate the relation is absolute, i.e., with or without cause,[25] the right of the attorney to withdraw or terminate the relation other than for sufficient cause is considerably restricted.[26] Among the fundamental rules of ethics is the principle that an attorney who undertakes to conduct an action impliedly stipulates to carry it to its termination.[27] He is not at liberty to abandon it without reasonable cause.[28] | |||||
|
2002-06-27 |
MENDOZA, J. |
||||
| Once he agrees to take up the cause of a client, the lawyer owes fidelity to such cause and must always be mindful of the trust and confidence reposed in him. He must serve the client with competence and diligence, and champion the latter's cause with wholehearted fidelity, care, and devotion. Elsewise stated, he owes entire devotion to the interest of the client, warm zeal in the maintenance and defense of his client's rights, and the exertion of his utmost learning and ability to the end that nothing be taken or withheld from his client, save by the rules of law, legally applied. This simply means that his client is entitled to the benefit of any and every remedy and defense that is authorized by the law of the land and he may expect his lawyer to assert every such remedy or defense. If much is demanded from an attorney, it is because the entrusted privilege to practice law carries with it the correlative duties not only to the client but also to the court, to the bar, and to the public. A lawyer who performs his duty with diligence and candor not only protects the interest of his client; he also serves the ends of justice, does honor to the bar, and helps maintain the respect of the community to the legal profession.[23] Indeed, a lawyer owes fidelity to the cause of his client. He should be mindful of the trust and confidence reposed in him, remembering always that his actions or omissions are binding on his clients. In this case, the failure of respondent to file the appellant's brief resulted in the dismissal of the appeal. As a consequence, the decision in the trial court finding complainant guilty of homicide became final and executory and he was sentenced to ten years of imprisonment. As has been held:An attorney is bound to protect his client's interest to the best of his ability and with utmost diligence. (Del Rosario vs. Court of Appeals, 114 SCRA 159) A failure to file brief for his client certainly constitutes inexcusable negligence on his part. (People vs. Villar, 46 SCRA 107) 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. (People vs. Daban, 43 SCRA 185; People vs. Estocada, 43 SCRA 515).[24] It should likewise be noted that respondent failed to notify the IBP of his change of address, thus delaying the resolution of this case. Service of notice and other pleadings, which must be furnished to the parties, must be made at the last address on record. If the parties are represented by counsel, such notices shall be sent instead to the counsel's last given address on record in the absence of a proper and adequate notice of a change of address, unless service upon the party himself is ordered.[25] | |||||