CRIMINAL, CIVIL AND ADMINISTRATIVE LIABILITIES OF A LAWYERBy: Justice Jose L. Sabio , Jr.

LEGAL ETHICSThat branch of moral science which treats of the duties which a lawyer owes to the courts ,to his clients, to his colleagues in the profession and to the public.(according to CALCOLM)

FOUR-FOLD DUTIES OF A LAWYER

1.To the courts 2.T o his clients 3.T o his colleagues in the profession 4.To the public

BREACH OF DUTIES OF AN ATTORNEY I. TO THE COURT

a. As an officer of the court b.Obstracting the administration of justice c.Misleading the court d.Preferring false chargese.Introducing false evidence f.Willfully disobeying court orders g.Using vicious or disrespectful language h.Continuing to practice after suspension II. TO THE CLIENT

In general, he owes his client the duty of entire devotion to his genuine interest, Undivided allegiance, loyalty, fidelity and absolute integrity.

a. Negligence in the performance of his duties

b.Employment of unlawful means

c. Deciet or mispresentation

d. Representing adverse interest

e.Revealing clients secrets

f. Purchasing clients property in litigation

g.Failing to account or misappropriate clients funds/property

h. Collecting unreasonable fees

i. Acting without authority

j. Willfully appearing without being retained III. TO HIS COLLEAGUES IN THE PROFESSION

A lawyer is expected to live to the standards of the legal profession.

a. Defaming a fellow lawyer b. Encroaching upon the business of another c. Sociting businessd. Advertising e. Cooperating in the illegal practice of lawf. Non-payment of IBP dues

IV. TO THE PUBLIC

a. Non-professional conduct b. Gross immorality one that is so corrupt and false as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible to a high degree c. Conviction of a crime involving moral turpitude d. Promoting to violate or violating penal laws e. Misconduct in the discharge of official duties f. Comission of fraud or falsehoodg. Misconduct as a notary public

LIABILITIES OF AN ATTORNEY

1.CRIMINAL LIABILITIES Art. 209 (RPC)- In addition to the proper administrative action, the penalty of prison correccional in its minimum period or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon an attorney at law or solivitor who, by any malicious breach of professional duty or inexcusable negligence or ignorance ,shall prejudice his client or reveal any of the secrets of the latter learned by him in his professional capacity.

The same penalty shall be imposed upon an attorney at law or solicitor , who, having undertaken the defense of a client, or having received confidential information from said client in a case , shall undertake the defense of the opposing party in the same case, without the consent of his first client.

ACTS PENALIZED: A. Causing prejudice to client through malicious breach of professional duty or through inexcausable negligence.

B. Revealing a clients secret learned in the lawyers professional duty or through inexcausable negligence or ignorance.MEANING:

MALICIOUS- implies deliberate or sinister design on the part of the Lawyer. INEXCAUSABLE- signifies a manifest injustice which cannot be Explained by a reasonable interpretation.

C. Representing adverse interest- It must be without the consent of the first client.D.Introducing false e vidence (Art. 172, RPC) 1.Knowingly 2.Without prior knowledge of its falsity E. Misappropriating clients funds 1. Liable for estafa

LIABILITY FOR DAMAGES 1. Degree of care required- To exert that degree of care and vigilance expected of a good father of a family or such degree of care and ordinary diligence as any member of the Bar similarly situated is expected to exercise.2. It is only when he fails,by design or gross omission , to live up to that standard of care and diligence that he may be held civilly liable therefor.

CIVIL LIABILITY TO CLIENTREQUISITES:1. Attorney-client relationship2. Want of reasonable care and diligence (gross and patent)3. Injury sustained by the client as the proximate result.

LIABILITY FOR BREACH OF FIDUCIARY OBLIGATIONS1. A lawyer hold his clients funds or property in trust for the client. 2. He must make an accounting of such funds. His failure to return the clients money or property after demand gives rise to the presumption that he has misappropriated the same to his personal benefit and makes him civilly liable, apart from his criminal or administrative responsibility arising thereform. 3. He cannot purchase a clients property involved in litigation in which he is counse.

LIBELOUS WORDS IN PLEADINGSAs a rule, lawyers are exempted from liability for as long as the statements are:a. connectedb. relevant c. pertinentd. materialto the cause in hand or the subject of inquiry.

If the pleader goes beyond the requirements of the statute and alleges an irrelevant matter which is libelous, he loses his privilege.

IV. LIABILITY FOR COSTS OF SUITWhere a lawyer insisted on the clients patently unmeritorious case or interposed an appeal merely to delay litigation or thwart the prompt satisfaction of the prevailing partys just and valid claim, the court may adjudge the lawyer liable to pay treble the coast of the suit.

V. CONTEMPT OF COURTContempt proceedings are criminal in nature even if the acts complained of are incidents of civil actions. Thus, as far as practicable, the rules of procedure and rules of evidence in criminal prosecution are adopted.

KINDS OF CONTEMPT:a. directb. indicrect or constructive

c. CIVIL: the failure to do something ordered by the court which is for the benefit of a party.

d. CRIMINAL: consists of conduct directed against the authority or dignity of the court. In direct contempt, no formal charge is necessary and the proceeding is summary in nature.A punishment in direct contempt is not appealable and may be reviewed only on a Petition for Certiorari.

ACTS CONSTITUTING CONTEMPT (refer to other handout)

EFFECT OF LACK OF INTENTWhether or not an act constitutes contempt depends on its nature and not on the presence of offensive intent. However, the absence of such intent or expressing apology may be considered mitigating, unless the apology appears to be insincere, sham or artful.

PUNISHMENT:A.FineB. ImprisonmentC. BothD. In appropriate cases, after due notice why no disciplinary action be taken, and opportunity to be hears, suspended from the practice of law.

DISCIPLINARY PROCEEDINGS( nature/ who can institute?/ where to file and what actions may be taken -- refer to other handout of disbarment proceedings)

DESISTANCE: EFFECT (Rayos-Ombac vs. Rayos [A.C. No. 2884.January 28, 1998]

PRESUMPTION/ BURDEN OF PROOFNakpil Vs. Valdez 268 SCRA 758No presumption of innocence or improbability or wrongdoing is considered in an attorneys favor. That is in keeping with the nature of disciplinary proceedings to look into the moral fitness of an attorney.

SANCTIONS:1. Warning2. Admonition3. Reprimand/censure4. Fine5. Suspension6. Disbarment7. It may also require restitution of the clients money as part of the penalty.

A. MITIGATING CIRCUMSTANCES1. Good faith2. Want of intention to commit a wrong3. Lack of material damage to the complaining witness4. Desistance of complainant5. Youth and inexperience in the bar6. Error in judgement7. Honest and inefficient service in various government positions8. Being first offender9. Readily admitting and regrets and apologizes10. Clean record of professional service in the past11. Rendered previously legal services out of the pure generosity12. Old age and long membership in the bar

B. AGGRAVATING CIRCUMSTANCES1. Abuse of authority or of attorney-client relationship2. Making a mockery out of marriage institution in cases of gross immorality3. Having sexual intercourse with lawyers relative4. Previous discipline5. the party defrauded by lawyer is the government6. Breach of confidentiality and using it against the previous client

EXECUTIVE PARDON:An absolute pardon by the President is one that operates to wipe out the conviction as well as the offense itself, and the grant thereof in favor of a lawyer is a bar to a proceeding for disbarment against him based solely on the commission of such offense.

The suspended lawyer may, moreover, be disbarred for violation of the suspension order.

But the lawyer may appear as counsel for himself, the same not being practice of law but the exercise of the right, enjoyed by any person, to defend or prosecute his cause.

EFFECT OF DISBARMENT or SUSPENSION OF A FILIPINO LAWYER IN A FOREIGN COUNTY

If the ground therefore includes any of the acts enumerated in Section 27 Rule 138 of the Revised Rules of Court, such disbarment or suspension is a ground for his disbarment or suspension in the Philippines.

The judgment, resolution or order of the foreign court or disciplinary agency shall be prima facie evidence of the ground for suspension or disbarment.

--- End ---