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3. Administrative Case

(10%)
Attorney M accepted a civil case for the recovery of title and possession of land in behalf of N. Subsequently, after the Regional Trial Court had issued a decision adverse to N, the latter filed an administrative case against attorney M for disbarment. He alleged that attorney M caused the adverse ruling against him; that attorney M did not file an opposition to the Demurrer to Evidence filed in the case, neither did he appear at the formal hearing on the demurrer, leading the trial court to assume that plaintiff’s counsel (attorney M) appeared convinced of the validity of the demurrer filed; that attorney M did not even file a motion for reconsideration, causing the order to become final and executory; and that even prior to the above events and in view of attorney M’s apparent loss of interest in the case, he verbally requested attorney M to withdraw, but attorney M refused.

Complainant N further alleged that attorney M abused his client’s trust and confidence and violated his oath of office in failing to defend his client’s cause to the very end.

Attorney M replied that N did not give him his full cooperation; that the voluminous records turned over to him were in disarray, and that when he appeared for N, he had only half of the information and background of the case; that he was assured by N’s friends that they had approached the judge; that they requested him (M) to prepare a motion for reconsideration which he did and gave to them; however, these friends did not return the copy of the motion.

Will the administrative case prosper? Give reasons for your answer.

1 comment:

Anonymous said...

III.

The administrative case against Atty. M will prosper. Under the Code of Professional Responsibility, a lawyer shall serve his client with competence and diligence. A lawyer should not handle any legal matter without adequate preparation. Not only was Atty. M negligent in the given case, he was also irresponsible. He should be disciplined.