"Their conversations did not appear like casual exchanges between friends about a theoretical legal issue. On the contrary, the series of exchanges between the parties show that respondent voluntarily acquiesced to representing complainant in his prospective annulment case, or at the very least, render her legal assistance in his suit. She asked complainant to submit to his documents related to the case and repeatedly assured him that she would be filing the annulment complaint even after complainant expressed hesitation due to the lack of action on respondent's part.
A lawyer client relationship is established when a lawyer voluntarily entertains a consultation; regardless of the close relationship between the parties or the absence of a written contract or non-payment of legal fees.29 Once a lawyer agrees to take up the client's cause, the lawyer must serve the client with diligence and competence. A lawyer who is negligent in attending to a client's cause may be grounds for administrative sanction.30
In Burbe v. Magulta:31
A lawyer-client relationship was established from the very first moment complainant asked respondent for legal advice regarding the former's 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; neither is it material that the attorney consulted did not afterward handle the case for which his service had been sought.
If a person, in respect to business affairs or troubles of any kind, consults a lawyer with a view to obtaining professional advice or assistance, and the attorney voluntarily permits or acquiesces with the consultation, then the professional employment is established.
Likewise, a lawyer-client relationship exists notwithstanding the close personal relationship between the lawyer and the complainant or the nonpayment of the former's fees. Hence, despite the fact that complainant was kumpadre of a law partner of respondent, and that respondent dispensed legal advice to complainant as a personal favor to the kumpadre, the lawyer was duty-bound to file the complaint he had agreed to prepare - and had actually prepared - at the soonest possible time, in order to protect the client's interest. Rule 18.03 of the Code of Professional Responsibility provides that lawyers should not neglect legal matters entrusted to them.
This Court has likewise constantly held that once lawyers agree to take up the cause of a client, they owe fidelity to such cause and must always be mindful of the trust and confidence reposed in them. They owe entire devotion to the interest of the client, warm zeal in the maintenance and the defense of the client's rights, and the exertion of their utmost learning and abilities to the end that nothing be taken or withheld from the client, save by the rules of law legally applied.32
While respondent may later refuse to represent complainant, as in this case when she ws requested by complainant's mother-in-law to refrain from interfering in complainant's domestic issues, it was still incumbent upon respondent to inform complainant that she would no longer be able to represent him. Rule 18.03 and Rule 18.04 of the Code of Professional Responsibility provides:
Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable.
Rule 18.04 - A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable time to the client's request for information.ℒαwρhi৷
When complainant asked respondent for an update on his case on February 26, 2014,33 respondent did not inform him that she would no longer be connected with the case due to conflict of interest, even though she was approached by complainant's mother-in-law sometime before November 2013.34 It was only when she filed her Answer35 before the Integrated Bar of the Philippines that complainant learned of the reason why respondent would not be representing him.
This Court has stated that "[t]he fact that one is, at the end of the day, not inclined to handle the client's case is hardly of consequence."36 Respondent's duty as a lawyer compels her to act not only with diligence, but with candor as well. She should have been upfront with complainant once she decided that she would no longer interfere in complainant's troubles. In Gone v. Ga:37
Respondent's sentiments against complainant Gone is not a valid reason for him to renege on his obligation as a lawyer. The moment he agreed to handle the case, he was bound to give it his utmost attention, skill and competence. Public interest requires that he exerts his best efforts and all his learning and ability in defense of his client's cause. Those who perform that duty with diligence and candor not only safeguard the interests of the client, but also serve the ends of justice. They do honor to the bar and help maintain the community's respect for the legal profession.38
The Investigating Commissioner was correct in finding that respondent did not profit from complainant, since Mr. Domenden confirmed his receipt of P35,000.00 for the psychological evaluation fee.39 This circumstance, however, will not excuse respondent from administrative liability for violating Canon 18, Rules 18.03 and 18.04 of the Code of Professional Responsibility, as well as her oath to render "all good fidelity"40 to her client. As in a similar case,41 she must be made liable for her inexcusable negligence.
WHEREFORE, respondent Atty. Lourdes Philina B. Dumlao is hereby REPRIMANDED with a STERN WARNING that a repetition of the same or similar acts shall be dealt with more severely.
Let a copy of this Resolution be entered in Atty. Dumlao's record with the Office of the Bar Confidant, and notice of the same be served on the Integrated Bar of the Philippines and on the Office of the Court Administrator for circulation to all courts in the country.
SO ORDERED. "
A.C. No. 11959, April 28, 2021
EUSEBIO D. SISON, PETITIONER, VS. ATTY. LOURDES PHILINA B. DUMLAO, RESPONDENT.
Link:
https://lawphil.net/judjuris/juri2021/apr2021/ac_11959_2021.html
