This case has been cited 5 times or more.
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2009-02-24 |
PER CURIAM |
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| Meanwhile, in Emiliano Court Townhouses Homeowners Association v. Dioneda,[272] it was held that it was reasonable to conclude that under the doctrine of res ipsa loquitur, the respondent committed an infringement of ethical standards by his act of receiving money as acceptance fee for legal services in a case and subsequently failing to render such service. The Court found the respondent liable for disloyalty to his client and inexcusable negligence in legal matters entrusted to him. | |||||
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2007-04-13 |
CALLEJO, SR., J. |
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| This rule is consistent with the principle that an attorney who undertakes to conduct an action impliedly stipulates to carry it to its termination, and is not at liberty to abandon it without reasonable cause.[21] The duty of a lawyer to safeguard his client's interests commences from his retainer until his effective discharge from the case or the final disposition of the entire subject matter of the litigation.[22] The discharged attorney must likewise see to it that the name of the new counsel is properly recorded and the records properly handed over.[23] Verily, the abandonment of a client in violation of the attorney's contract amounts to an ignorance of the most elementary principles of professional ethics.[24] | |||||
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2006-08-31 |
YNARES-SANTIAGO, J. |
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| Respondent's disregard for his client's interests is evident in the iniquitous stipulations in the compromise agreement where the complainant conceded the validity of the foreclosure of her property; that the redemption period has already expired thus consolidating ownership in the bank, and that she releases her claims against it.[12] As found by the Investigating Commissioner, complainant agreed to these concessions because respondent misled her to believe that she could still redeem the property after three years from the foreclosure. The duty of a lawyer to safeguard his client's interests commences from his retainer until his discharge from the case or the final disposition of the subject matter of litigation. Acceptance of money from a client establishes an attorney-client relationship and gives rise to the duty of fidelity to the client's cause. The canons of the legal profession require that once an attorney agrees to handle a case, he should undertake the task with zeal, care and utmost devotion.[13] | |||||
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2004-07-13 |
CARPIO, J. |
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| Rule 16.01 of the Code of Professional Responsibility ("the Code") provides that a lawyer shall account for all money or property collected for or from the client. Acceptance of money from a client establishes an attorney-client relationship and gives rise to the duty of fidelity to the client's cause.[7] Money entrusted to a lawyer for a specific purpose, such as for filing fee, but not used for failure to file the case must immediately be returned to the client on demand.[8] Paguinto returned the money only after Pariñas filed this administrative case for disbarment. | |||||
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2004-01-26 |
CALLEJO, SR., J. |
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| In the recent case of Emiliano Court Townhouses Homeowners Association v. Atty. Michael Dioneda,[31] we had the occasion to state, thus:The primary objective of administrative cases against lawyers is not only to punish and discipline the erring individual lawyers but also to safeguard the administration of justice by protecting the courts and the public from the misconduct of lawyers, and to remove from the legal profession persons whose utter disregard of their lawyer's oath has proven them unfit to continue discharging the trust reposed in them as members of the bar. A lawyer may be disbarred or suspended for misconduct, whether in his professional or private capacity, which shows him to be wanting in moral character, honesty, probity and good demeanor or unworthy to continue as an officer of the court.[32] | |||||