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Attorney Client Relationship A lawyer-client relationship was established from the very first moment complainant asked respondent for legal advise regarding the formers business. To constitute professional employment, it is not essential that the client employed the attorney professionally on any previous occasion It is not necessary that any retainer be paid, promised, or charged.
-A.C. No. 6711 : July 3, 2007 Hadjula vs. Atty. Madianda
A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients.
A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENT.
2) Mercado vs. Atty. Vitriolo, A.C. No. 5108 May 26, 2005 Varied Decision: The evidence on record fails to substantiate complainants allegations.
1) ARELLANO UNIVERSITY, INC. VS. MIJARES III, A.C. No. 8380, 20 November 2009
If not used, a lawyer must return the money or property immediately to his client upon demand, otherwise the lawyer shall be presumed to have misappropriated the same in violation of the trust reposed on him. A lawyers conversion of funds entrusted to him is a gross violation of professional ethics.
Respondents acts of acquiring for himself complainants lots entrusted to him are, by any standard, acts constituting gross misconduct, a grievous wrong, a forbidden act, a dereliction in duty, willful in character, and implies a wrongful intent and not mere error in judgment.
Chapter IV: The Lawyer and The Client Rule 16.01 A lawyer shall account for all money or property collected or received for or from the client.
appropriate his client's money for himself by the mere fact that the client owes him attorney's fees. In this case, respondent did not even seek to prove the existence of any lien, or any other right that he had to retain the money.
attorney exert his best efforts and ability to preserve his client's cause, for the unwavering loyalty displayed to his client likewise serves the ends of justice.
commits to devote himself (particularly his time, knowledge, skills and effort) to such cause. He must be ever mindful of the trust and confidence reposed in him, constantly striving to be worthy thereof.
A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF LAW
1. Existence of attorney client relationship; 2. Rendition by the lawyer of services to the client.
B. Who is liable for attorneys fees? Gen. Rule: Only the client who engaged the services of
counsel either personally or through an authorized agent is liable for the attorneys fees.
Exception:
EQUITABLE PR INCIPLE. A person who accepts the benefit of legal representation impliedly agrees to pay the lawyers services for he cannot unjustly enrich himself at the expense of the lawyer.
EXTRAORDINARY CONCEPT Amount of damages which the court may award to be paid by the losing party to the prevailing party.
Reasonable compensation paid to a lawyer by his client for the legal services he has rendered to the latter.
2. Basis
Fact of employment Any of the cases authorized by the client. by law and is payable to the client not to the lawyer unless they have agreed that the award shall pertain to the lawyer as additional compensation or as part thereof.
Atty. Carpio collected exorbitant fees from the complainant. It is highly improper for a lawyer to impose additional professional fees upon his client which were never mentioned nor agreed upon at the time of the engagement of his services. Respondent was SUSPENDED from the practice of law for a period of six(6) months.
Respondent collected from the complainant exorbitant fee. Atty. Mauricio did not take any step to assist complainant in her case, charging, P56, 000 is improper. While giving legal advice and opinion on complainants problem and those of her family constitutes legal advice, however, the attorneys fee must be reasonable. Obviously, P56, 000 is exorbitant. Respondent was found GUILTY of Malpractice and Gross Misconduct for violating Canons 17, 18, Rule 18.03 and Canon 20 of the CPR and the Lawyers Oath.
Attys. Roxas and Pastor received an amount which was equal to 44% of the just compensation paid (including the yield of the bonds) by the NHA to the Zuzuarreguis, or an amount equivalent to P23, 980, 000 of the P54, 5000,000. The 44% is undeniably, unconscionable and excessive under the circumstances. Its reduction is, therefore, in order. Petitioners were ordered to return to Zuzuarreguis the amount of P17, 073, 224. 84. the
Respondents claim that the attorneys fees pertains only to the recovery of complainants savings deposit from Planters Development Bank cannot be sustained. The fee of P70,000 for legal assistance in the recovery of the deposit amounting P180,000 is unreasonable.
d. Skill demanded;
e. Probability of losing other employment as a result of acceptance of the proffered case; f. Customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs; g. Amount involved in the controversy and the benefits resulting to the client from the service; h. Character of the employment, whether occasional or established; and
Legal mechanism in legal ethics which prevents an unscrupulous client from running away with the fruits of the legal services of a counsel without paying therefore.
It is in line with the fundamental principle against enrichment at the expense of the other.
2. CONCEPT PLACEMENT RESOURCES, INC., v. ATTY. FUNK G.R. No. 137680, February 6, 2004
II. 3. DOY MERCANTILE INC., v. AMA COMPUTER COLLEGE G.R. No. 155311, March 31, 2004
Respondent did not encounter any difficulty in representing petitioner. The complaint against it was dismissed with prejudice. All that respondent did was to prepare the answer with counterclaim and possibly petitioners position paper. Considering respondents limited legal services and the case involved is not complicated the award of P50,000 as attorneys fees is a bit excessive. Respondent is only entitled to P10, 000 attorneys fees considering that the case involved was not complicated.
Courts are not bound to consider all the factors listed in Rule 138 of the Rules of Court and Rule 20.01 of the CPR in fixing attorneys fees. They are mere guides in ascertaining the real value of the lawyers service.
A lawyer shall, in case of referral, with the consent of the client, be entitled to a division of fees in proportion to the work performed and responsibility assumed.
- Single billing to a client covering the fee of 2 or more lawyers who not in the same firm.
A lawyer shall not, without the full knowledge and consent of the client, accept any fee, reward, costs, commission, interest, rebate or forwarding allowance or other compensation whatsoever related to his professional employment from anyone other than the client.
1. The client has full knowledge; 2. The client has given its consent.
The lawyer reasonably believes that the clients best interest will not be adversely affected.
A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition, injustice and fraud.
When complainant received a demand letter from the respondent asking for the delivery of the 1, 000 sq. m. piece of land which he allegedly promised as payment for respondents appearance fee. In the same letter, respondent also threatened to file a case in court if the complainant would not confer with him and settle the matter within 30 days.
Respondent was found GUILTY of conduct unbecoming of a member of the legal profession in violation of Rule 20.04 of Canon 20 of the CPR.
Atty. Jose Jimenez filed a criminal case for violation of BP 22 against complainant (when the check representing the P20, 000 balance for his notarization fee was dishonored for insufficient funds) was highly improper.
Respondent Jimenez was severely Reprimanded violating Canon 20 Rule 20.04 of the CPR. for
A LAWYER SHALL PRESERVE THE CONFIDENCES AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY CLIENT RELATION IS TERMINATED.
This privilege belongs to the client, therefore, only the client may waived it.
The disclosure were not indispensable to protect his rights as they were not pertinent to the foreclosure case. It was improper for the respondent to use it against the complainant in the foreclosure case as it was not the subject matter of litigation therein and respondents professional competence and legal advice were not being attacked in said case.
Respondent was warned to refrain from repeating the act of being counsel of record of both parties in Civil Case No. 95 105 MK.
Respondent breached his oath of office for representing the employees of his former client, Tacma, Phils., after the termination of their attorney client relationship.
Rule 21.o1
Respondent filed cases against his former client involved matters and information acquired by him during the time when he was still Rosarios counsel. These information which have been the basis of the case he filed were acquired through the A C Relationship.
A lawyer shall not, to the disadvantage of his client, use information in the course of employment, nor shall he use the same to his own advantage or that of a third person, unless the client with full knowledge of the circumstances consents thereto.
A lawyer who acquired information from the client in the course of his legal employment, is prohibited from making use of such information, whether privileged or not, to the:
a. disadvantage of his client; b. lawyers own advantage; c. advantage of a 3rd person.
Exception: If the client with full knowledge of the circumstances consents to the use thereof.
Exception to the exception: Matters of unprivileged information.
The documents shown and the information revealed in confidence to the respondent in the course of legal consultation in question, were used as bases in the criminal and administrative complaints lodged against the complainant.
A lawyer shall not, without the written consent of his client, give information from his files to an outside agency seeking such information for auditing, statistical, bookkeeping, accounting, data processing, or any similar purpose.
The court could not and not order the opening of the art metal filing cabinet because, it having been proven that it belongs to the appellant attorney and that in it he keeps records and documents of his clients, to do so would be in violation of his rights as such attorney, since it would tantamount to compelling him to disclose or divulge facts or things belonging to his clients, which should be kept secret, unless he is authorized by them to make such disclosure, it being a duty imposed by law upon an attorney to strictly preserve the secrets or communications made to him.
A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client.
Exception:
When prohibited by the client.
A lawyer shall adopt such measures as may be required to prevent those whose services are utilized by him, from disclosing or using confidences or secrets of the clients.
Under this rule, a lawyer should avoid committing calculated indiscretion that is accidental revelation of secrets obtained in his professional employment.
A lawyer not reveal that he has been consulted about a particular case except to avoid possible conflict of interest.
The necessity of setting down the existence of the bare relationship of attorney and client as the yard stick for testing incompatibility of interests. This stern rule is designed not alone to prevent the dishonest practitioner from fraudulent conduct, but as well to protect the honest lawyer from unfounded suspicion of unprofessional practice.
A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn over all papers and property to which the client is entitled, and shall cooperate with his successor in the orderly transfer of the matter, including all information necessary for the proper handling of the matter.