Download Legal Ethics Digests PDF

TitleLegal Ethics Digests
TagsLawyer Patent Practice Of Law United States Patent And Trademark Office Public Law
File Size538.0 KB
Total Pages43
Document Text Contents
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http://sc.judiciary.gov.ph/jurisprudence/2010/march2010/4973.htm#_ftn13
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motion for extension of time to file the proper pleading instead of

whatever pleading he could come up with, just to beat the deadline

set by the Court of Appeals.

Also, as counsel, he had the duty to inform his clients of the status of

their case. His failure to do so amounted to a violation of Rule 18.04

of the Code, which reads:

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.

If it were true that all attempts to contact his client proved futile, the

least respondent could have done was to inform the CA by filing a

Notice of Withdrawal of Appearance as counsel. He could have thus

explained why he was no longer the counsel of complainant and her

husband in the case and informed the court that he could no longer

contact them. His failure to take this measure proves his negligence.

The failure of respondent to file the proper pleading and a comment

on Duigan’s Motion to Dismiss is negligence on his part. Under 18.03

of the Code, a lawyer is liable for negligence in handling the client’s

case, viz:

Rule 18.03 – A lawyer shall not neglect a legal matter entrusted to

him, and his negligence in connection therewith shall render him

liable.

Lawyers should not neglect legal matters entrusted to them,

otherwise their negligence in fulfilling their duty would render them

liable for disciplinary action. Respondent has failed to live up to his

duties as a lawyer. When a lawyer violates his duties to his client, he

engages in unethical and unprofessional conduct for which he should

be held accountable.

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