Cases for Legal Ethics - Full text

7/24/2019 Cases for Legal Ethics - Full text

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A.C. 1928 December 19, 1980In the Matter of the IBP Membership DuesDelinuenc! of Att!. MA"CIA# A. $DI##I%& 'IBPA(ministrati)e Case &o. MDD*1+, petitioner,$"&A&D%, C.J.:The full and plenary discretion in the exercise of its

competence to reinstate a disbarred member of thebar admits of no doubt. All the relevant factorsbearing on the specific case, public interest, theintegrity of the profession and the welfare of therecreant who had purged himself of his guilt aregiven their due weight. Respondent Marcial A.Edillon was disbarred on August 3, !"#, 1the votebeing unanimous with the late.$hief %ustice $astro ponente. &rom %une ', !"!,he had repeatedly pleaded that he be reinstated.The minute resolution dated (ctober )3, !#*,granted such prayer. +t was there made clear that itis without pre-udice to issuing an extendedopinion. 2

efore doing so, a recital of the bac/ground factsthat led to the disbarment of respondent may not beamiss. As set forth in the resolution penned by thelate $hief %ustice $astro0 (n 1ovember )!. !"',the +ntegrated ar of the 2hilippines +2 for short4oard of 5overnors, unanimously adoptedResolution 1o. "'67' in Administrative case 1o.M886 +n the Matter of the Membership 8ues8elin9uency of Atty. Marcial A. Edillon4recommending to the $ourt the removal of thename of the respondent from its Roll of Attorneysfor :stubborn refusal to pay his membership dues: tothe +2 since the latter:s constitutionnotwithstanding due notice. (n %anuary ), !"7,the +2, through its then 2resident ;iliano . 1eri,submitted the said resolution to the $ourt forconsideration and approval,. 2ursuant to paragraph),


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the welfare of former clients who still rely on him forcounsel, their confidence apparently undiminished.&or he had in his career been a valiant, if at timesunreasonable, defender of the causes entrusted tohim.This $ourt, in the light of the above, felt thatreinstatement could be ordered and so it did in the

resolution of (ctober )3, !#*. +t made certain thatthere was full acceptance on his part of thecompetence of this Tribunal in the exercise of itsplenary power to regulate the legal profession andcan integrate the bar and that the dues were dulypaid. Moreover, the fact that more than two yearshad elapsed during which he war. barred fromexercising his profession was li/ewise ta/en intoaccount. +t may li/ewise be said that as in the caseof the inherent power to punish for contempt andparaphrasing the dictum ofJustice Malcolm inVillavicencio v. Lukban,10the power to discipline,especially if amounting to disbarment, should beexercised on the preservative and not on the

vindictive principle.11

(ne last word. +t has been pertinently observed thatthere is no irretrievable finality as far as admissionto the bar is concerned.


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due process clause. @e also posits thatcompulsory payment of the +2 annual membershipdues would indubitably be oppressive to himconsidering that he has been in an inactive statusand is without income derived from his lawpractice. @e adds that his removal fromnonpayment of annual membership dues would

constitute deprivation of property right without dueprocess of law. ;astly, he claims that non6practiceof law by a lawyer6member in inactive status isneither in-urious to active law practitioners, to fellowlawyers in inactive status, nor to the communitywhere the inactive lawyers6members reside.2lainly, the issue here is0 whether or nor petitioneris entitled to exemption from payment of his duesduring the time that he was inactive in the practiceof law that is, when he was in the $ivil


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measure is recogni?eCdD, then a penalty designed toenforce its payment, which penalty may be avoidedaltogether by payment, is not void as unreasonableor arbitrary.ut we must here emphasi?e that the practice oflaw is not a property right but a mere privilege, andas such must bow to the inherent regulatory power

of the $ourt to exact compliance with the lawyerFspublic responsibilities.

As a final note, it must be borne in mind thatmembership in the bar is a privilege burdened withconditions,CDone of which is the payment ofmembership dues. &ailure to abide by any of thementails the loss of such privilege if the gravitythereof warrants such drastic move.@=$"$%"$, petitionerFs re9uest for exemptionfrom payment of +2 dues is 8E1+E8. @e isordered to pay 2),*3'.**, the amount assessedby the +2 as membership fees for the years !""6)**', within a non6extendible period of ten *4days from receipt of this decision, with a warning

that failure to do so will merit his suspension fromthe practice of law.:% %"D$"$D.

:4. #%I: &I6$":I45 #AB%"A4%"5 =I;=:C=%%# ':#*#=:+ AC#45 an( :4A, $omplainant,

6 versus6

A445. "%#A&D% C. D$#A C">, Respondent.

8 E $ + < + ( 1

$@+$(61ALAR+(, J.0

This is a disbarment case filed by the &acultymembers and


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!. %oint Affidavit by Two 8isinterested2artiesC*D dated %une !!=, executedby 2onciano . Abalos andArsenio $.


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him unfit to be entrusted with the duties andresponsibilities belonging to an office of attorneyand, thus, to protect the public and those chargedwith the administration of -ustice, rather than topunish an attorney. Elaborating on this, we saidon Mali#sa v. Atty. "abantin#,[19]that the ar shouldmaintain a high standard of legal proficiency as well

as of honesty and fair dealing. A lawyer bringshonor to the legal profession by faithfully performinghis duties to society, to the bar, to the courts and tohis clients. A member of the legal fraternity shouldrefrain from doing any act which might lessen in anydegree the confidence and trust reposed by thepublic in the fidelity, honesty and integrity of thelegal profession. Towards this end, an attorneymay be disbarred or suspended for any violation ofhis oath or of his duties as an attorney andcounselor, which include statutory groundsenumerated in


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and the high moral standard of the legal profession,to wit0

a. After his first failed marriage andprior to his second marriage or for a period ofalmost seven "4 years, he has not beenromantically involved with any womanG

b. @is second marriage was a show of

his noble intentions and total love for his wife,whom he described to be very intelligent personG

c. @e never absconded from hisobligations to support his wife and childG

d. @e never disclaimed paternity overthe child and husbandry sic4 with relation to hiswifeG

e. After the annulment of his secondmarriage, they have parted ways when the mother

and child went toAustraliaGf.


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+n the case of uensuceso v. arera,[32] a lawyer

was suspended for one year when he notari?ed fivedocuments after his commission as 1otary 2ublichad expired, to wit0 a complaint for e-ectment,affidavit, supplemental affidavit, a deed of sale, anda contract to sell. 5uided by the pronouncement in

said case, we find that a suspension of two )4years is -ustified under the circumstances. @ereinrespondent notari?ed a total of fourteen =4documentsC33Dwithout there9uisite notarial commission.

(ther charges constituting respondentFsmisconduct such as the pending criminal case forchild abuse allegedly committed by him against ahigh school student filed before the 2rosecutorFs(ffice of aguio $ityG the pending administrativecase filed by the Teachers,


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ethics of the legal profession once his suspension islifted.Respondent has been suspended from the practiceof law since (ctober , )**. Thus, for more thanfive years, respondent had ample time andopportunity to amend his erring ways andrehabilitate himself as proven by the certifications

attesting to his moral character. Thus, he hasshown that he is worthy once again to en-oy theprivilege of being a member of the ar. The lifting ofthe order suspending him from the practice of law istherefore in order.


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remaining a member of good standing of the barand for en-oying the privilege to practice law.7

ACC%"DI&;#5,the order suspending respondentAtty. 5ilbert


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SCTDhe records reveal that the person who receivedthe copy of the document purporting to cover thesettlement intended for me is the very sister of hisclient, Eli?a &anged, in the person of eronica u/ing. eronica u/ing is not and wasnever a resident of 8agsian,aguio $ity, thelocation of my permanent residence. Eli?a &anged

could not have thought of this scheme. S!. ut lawyer as he is, Atty. Pollin must haveanticipated possible legal repercussionCsD thatwould ensue as a result of this scheme. +n theManifestation of $ompromise


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ris/ his future for a measly sum, through dishonestconduct.C'D

The 2roceedings efore the +ntegrated ar ofthe 2hilippines +24$ommission on ar 8iscipline(n May ", )**), $ommissioner Milagros .


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+. E&(RE @EAR+150. That it orders sic4 the issuance of atemporary restraining order directing the managerof the 2$+an/


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complaintG the owner was, in fact, an adverseparty. +t was the possession of the money, itsentitlement, which was in fact put in issue in thecomplaint for rescission of contract, and, ifrespondent Atty. Pollin is to be believed, promptedthe filing of the complaint itself. Thus, therespondents could not, without a claiming partyFs

/nowledge, apply the amount of 23*,*** forthemselves as attorneyFs fees. +f there wassomeone liable for the respondentsF attorneyFs fees,it was their client, Eli?a &anged. +t cannot be saidthat there was a real IcompromiseJ as to themanner in which the amount of 2),7**,*** was tobe applied, since the complainant was not presentwhen the said agreement was made.+n the recent case of Emiliano $ourt Townhouses@omeowners Association v. Atty. Michael 8ioneda,C3Dwe had the occasion to state, thus0The primary ob-ective of administrative casesagainst lawyers is not only to punish and disciplinethe erring individual lawyers but also to safeguard

the administration of -ustice by protecting the courtsand the public from the misconduct of lawyers, andto remove from the legal profession persons whoseutter disregard of their lawyerFs oath has proventhem unfit to continue discharging the trust reposedin them as members of the bar. A lawyer may bedisbarred or suspended for misconduct, whether inhis professional or private capacity, which showshim to be wanting in moral character, honesty,probity and good demeanor or unworthy to continueas an officer of the court.C3)D

An attorneyFs only safe guide is high moral principle,as the torch to light his wayG his best shield is aclear conscience and an unblemished personalrecordG and his -ust reward is to find his highesthonor in a deserved reputation for fidelity to privatetrust and to public duty, as an honest man and as apatriotic and loyal citi?en. C33DThe fiduciary duty of alawyer and advocate is what places the lawprofession in a uni9ue position of trust andconfidence, and distinguishes it from any othercalling. (nce this trust and confidence is betrayed,the faith of the people not only on the individuallawyer but also in the legal profession as a whole iseroded. To this end, all members of the bar arestrictly re9uired to, at all times, maintain the highestdegree of public confidence in the fidelity, honesty,and integrity of their profession.C3=D

@=$"$%"$, respondent Atty. Matthew

2. Pollin is 70** pm "6&lr.ictoria ldg., 1 Ave., Mla.Anne/

5AM 8+(R$E.8(1 2ARP+1


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said bar associations readily responded andextended their valuable services and cooperation ofwhich this $ourt ta/es note with appreciation andgratitude.The main issues posed for resolution before the$ourt are whether or not the services offered byrespondent, The ;egal $linic, +nc., as advertised by

it constitutes practice of law and, in either case,whether the same can properly be the sub-ect of theadvertisements herein complained of.efore proceeding with an in6depth analysis of themerits of this case, we deem it proper andenlightening to present hereunder excerpts from therespective position papers adopted by theaforementioned bar associations and thememoranda submitted by them on the issuesinvolved in this bar matter.. Inte#rate ar of t&e &ilippines0xxx xxx xxx1otwithstanding the subtle manner by whichrespondent endeavored to distinguish the two

terms, i.e., legal support services vis-a-vislegalservices, common sense would readily dictate thatthe same are essentially without substantialdistinction. &or who could deny that documentsearch, evidence gathering, assistance to layman inneed of basic institutional services from governmentor non6government agencies li/e birth, marriage,property, or business registration, obtainingdocuments li/e clearance, passports, local orforeign visas, constitutes practice of lawHxxx xxx xxxThe +ntegrated ar of the 2hilippines +24 does notwish to ma/e issue with respondent:s foreigncitations. The ;egal $linic,+nc.


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+n addition, it may also be relevant to point out thatadvertisements such as that shown in Annex A ofthe 2etition, which contains a cartoon of a motorvehicle with the words %ust Married on its bumperand seems to address those planning a secretmarriage, if not suggesting a secret marriage,ma/es light of the special contract of permanent

union, the inviolable social institution, which ishow the &amily $ode describes marriage, obviouslyto emphasi?e its sanctity and inviolability. orse,this particular advertisement appears to encouragemarriages celebrated in secrecy, which issuggestive of immoral publication of applications fora marriage license.+f the article Rx for ;egal 2roblems is to bereviewed, it can readily be concluded that the aboveimpressions one may gather from theadvertisements in 9uestion are accurate. The


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fall within the realm of a practice which thus yieldsitself to the regulatory powers of the


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impression that there are lawyers involved in The;egal $linic, +nc., as there are doctors in anymedical clinic, when only paralegals are involvedin The ;egal $linic, +nc.Respondent:s allegations are further belied by thevery admissions of its 2resident and ma-oritystoc/holder, Atty. 1ogales, who gave an insight on

the structure and main purpose of Respondentcorporation in the aforementioned accurate or inaccurate > moulds our conductnot only when we are acting for ourselves, but whenwe are serving others. an/ers, li9uor dealers andlaymen generally possess rather precise /nowledgeof the laws touching their particular business or

profession. A good example is the architect, whomust be familiar with ?oning, building and fireprevention codes, factory and tenement housestatutes, and who draws plans and specification inharmony with the law. This is not practicing law.ut suppose the architect, as/ed by his client toomit a fire tower, replies that it is re9uired by thestatute. (r the industrial relations expert cites, insupport of some measure that he recommends, adecision of the 1ational ;abor Relations oard. Arethey practicing lawH +n my opinion, they are not,provided no separate fee is charged for the legaladvice or information, and the legal 9uestion issubordinate and incidental to a ma-or non6legalproblem.+t is largely a matter of degree and of custom.+f it were usual for one intending to erect a buildingon his land to engage a lawyer to advise him andthe architect in respect to the building code and theli/e, then an architect who performed this functionwould probably be considered to be trespassing onterritory reserved for licensed attorneys. ;i/ewise, ifthe industrial relations field had been pre6empted bylawyers, or custom placed a lawyer always at theelbow of the lay personnel man. ut this is not thecase. The most important body of the industrialrelations experts are the officers and businessagents of the labor unions and few of them arelawyers. Among the larger corporate employers, it

has been the practice for some years to delegatespecial responsibility in employee matters to amanagement group chosen for their practical/nowledge and s/ill in such matter, and withoutregard to legal thin/ing or lac/ of it. More recently,consultants li/e the defendants have the sameservice that the larger employers get from their ownspeciali?ed staff.The handling of industrial relations is growing into arecogni?ed profession for which appropriatecourses are offered by our leading universities. Thecourt should be very cautious about declaring CthatDa widespread, well6established method ofconducting business is unlawful, or that the

considerable class of men who customarily performa certain function have no right to do so, or that the


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technical education given by our schools cannot beused by the graduates in their business.In eterminin# &et&er a man is practicin# la, es&oul consier &is ork for any particular client orcustomer, as a &ole. + can imagine defendantbeing engaged primarily to advise as to the lawdefining his client:s obligations to his employees, to

guide his client:s obligations to his employees, toguide his client along the path charted by law. This,of course, would be the practice of the law. utsuch is not the fact in the case before me.8efendant:s primarily efforts are along economicand psychological lines. The law only provides theframe within which he must wor/, -ust as the ?oningcode limits the /ind of building the limits the /ind ofbuilding the architect may plan. *&e inciental le#alavice or information efenant may #ive, oes nottransform &is activities into t&e practice of la. Letme a t&at if, even as a minor feature of &is ork,&e performe services &ic& are customarilyreserve to members of t&e bar, &e oul be

practicin# la.&or instance, if as part of a welfareprogram, he drew employees: wills.Another branch of defendant:s wor/ is therepresentations of the employer in the ad-ustmentof grievances and in collective bargaining, with orwithout a mediator. This is not per se the practice oflaw. Anyone may use an agent for negotiations andmay select an agent particularly s/illed in thesub-ect under discussion, and the person appointedis free to accept the employment whether or not heis a member of the bar. @ere, however, there maybe an exception where the business turns on a9uestion of law. Most real estate sales arenegotiated by bro/ers who are not lawyers. ut ifthe value of the land depends on a disputed right6of6way and the principal role of the negotiator is toassess the probable outcome of the dispute andpersuade the opposite party to the same opinion,then it may be that only a lawyer can accept theassignment. (r if a controversy between anemployer and his men grows from differinginterpretations of a contract, or of a statute, it is9uite li/ely that defendant should not handle it. ut +need not reach a definite conclusion here, since thesituation is not presented by the proofs.8efendant also appears to represent the employerbefore administrative agencies of the federalgovernment, especially before trial examiners of the1ational ;abor Relations oard. An agency of the

federal government, acting by virtue of an authoritygranted by the $ongress, may regulate therepresentation of parties before such agency. The A lawyer who is engaged in anotherprofession or occupation concurrently with thepractice of law shall ma/e clear to his client whetherhe is acting as a lawyer or in another capacity..*. +n the present case. the ;egal $linic appearsto render wedding services


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advice on a specific problem peculiar to adesignated or readily identified person. in their publication and sale ofthe /its, such publication and sale did not

constitutes the unlawful practice of law . . . . Therebeing no legal impediment under the statute to thesale of the /it, there was no proper basis for thein-unction against defendant maintaining an officefor the purpose of selling to persons see/ing adivorce, separation, annulment or separationagreement any printed material or writings relatingto matrimonial law or the prohibition in thememorandum of modification of the -udgmentagainst defendant having an interest in anypublishing house publishing his manuscript ondivorce and against his having any personal contactwith any prospective purchaser. The record doesfully support, however, the finding that for the

change of U"' or U** for the /it, the defendantgave legal advice in the course of personal contactsconcerning particular problems which might arise inthe preparation and presentation of the purchaser:sasserted matrimonial cause of action or pursuit ofother legal remedies and assistance in thepreparation of necessary documents The in-unctiontherefore sought to4 en-oin conduct constituting thepractice of law, particularly with reference to thegiving of advice and counsel by the defendantrelating to specific problems of particular individualsin connection with a divorce, separation, annulmentof separation agreement sought and should beaffirmed.


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such representative capacity, performs any act oracts for the purpose of obtaining or defending therights of their clients under the law. (therwisestated, one who, in a representative capacity,engages in the business of advising clients as totheir rights under the law, or while so engagedperforms any act or acts either in court or outside of

court for that purpose, is engaged in the practice oflaw.


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limited merely giving legal advice, contract draftingand so forth.The aforesaid conclusion is further strengthened byan article published in the %anuary 3, !! issueof the


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paralegals or legal assistant evolved in thenited


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with their written consent, the names of clientsregularly represented. 2

The law list must be a reputable law list publishedprimarily for that purposeG it cannot be a meresupplemental feature of a paper, maga?ine, trade

-ournal or periodical which is published principallyfor other purposes. &or that reason, a lawyer may

not properly publish his brief biographical andinformative data in a daily paper, maga?ine, trade

-ournal or society program. 1or may a lawyer permithis name to be published in a law list the conduct,management or contents of which are calculated orli/ely to deceive or in-ure the public or the bar, or tolower the dignity or standing of the profession. -

The use of an ordinary simple professional card isalso permitted. The card may contain only astatement of his name, the name of the law firmwhich he is connected with, address, telephonenumber and special branch of law practiced. Thepublication of a simple announcement of theopening of a law firm or of changes in the

partnership, associates, firm name or officeaddress, being for the convenience of theprofession, is not ob-ectionable. @e may li/ewisehave his name listed in a telephone directory butnot under a designation of special branch of law.

erily, ta/ing into consideration the nature andcontents of the advertisements for whichrespondent is being ta/en to tas/, which evenincludes a 9uotation of the fees charged by saidrespondent corporation for services rendered, wefind and so hold that the same definitely do not andconclusively cannot fall under any of the above6mentioned exceptions.The ruling in the case of ates, et al. vs. 1tate arof Ari+ona, /which is repeatedly invo/ed andconstitutes the -ustification relied upon byrespondent, is obviously not applicable to the caseat bar. &oremost is the fact that the disciplinary ruleinvolved in said case explicitly allows a lawyer, asan exception to the prohibition againstadvertisements by lawyers, to publish a statementof legal fees for an initial consultation or theavailability upon re9uest of a written schedule offees or an estimate of the fee to be charged for thespecific services. 1o such exception is provided for,expressly or impliedly, whether in our former$anons of 2rofessional Ethics or the present $odeof 2rofessional Responsibility. esides, even thedisciplinary rule in the atescase contains a

proviso that the exceptions stated therein are notapplicable in any state unless and until it isimplemented by such authority in that state. Thisgoes to show that an exception to the general rule,such as that being invo/ed by herein respondent,can be made only if and when the canons expresslyprovide for such an exception. (therwise, theprohibition stands, as in the case at bar.+t bears mention that in a survey conducted by the

American ar Association after the decision inates, on the attitude of the public about lawyersafter viewing television commercials, it was foundthat public opinion dropped significantly withrespect to these characteristics of lawyers0

Trustworthy from "V to =V2rofessional from "V to =V

@onest from 7'V to =V8ignified from ='V to =V

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Cases for Legal Ethics - Full text

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