Friday, August 24, 2012

Lawyer suspended 4 yrs; deceit; ordered to return money of client. - sc.judiciary.gov.ph/jurisprudence/2012/august2012/9074.pdf

sc.judiciary.gov.ph/jurisprudence/2012/august2012/9074.pdf

"x x x.


In this case, respondent received the amount of P42,000.00 supposedly as payment for his legal services and as  filing fees.  Canon 16 of the Code of Professional Responsibility provides:

CANON 16 – A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS POSSESSION.  

Rule 16.01 – A lawyer shall account for all money or property collected or received for or from the client.

x x x x

Rule 16.03 – A lawyer shall deliver the funds and property of his client when due or upon demand.  x x x

In this case, it is thus clear that respondent violated his lawyer’s oath and code of conduct when he withheld the amount of P42,000.00 despite his failure to Decision  12  A.C. No.  9074 render the  necessary  legal  services after complainant  demanded  its  retum.  He must therefore be directed to return the same. xxx.

x x x."