4/14/2021
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Did respondent violate the CPR, Canons of Professional Ethics, the Lawyer's Oath, and
Section 27, Rule 138 of the Revised Rules of Court when he allegedly failed to inform
complainant that the latter's petition for review on certiorari in G.R. No. 183172 was
already denied?
Ruling
The Court adopts the factual findings of the IBP-CBD but modifies the recommended
penalty.
Respondent violated the
lawyer's oath when he
neglected
complainant's
case
after
filing
the
petition for review.
The Lawyer's Oath is not a mere formality recited for a few minutes in the glare of
flashing cameras and before the presence of select witnesses. The lawyer must conduct
himself beyond reproach at all times and live strictly according to his or her oath and
the Code of Professional Responsibility.[9]
As a member of the Bar, respondent pledged to assist his clients with full competence
and utmost diligence enshrined under the Lawyer's Oath to delay no man for money or
malice, and conduct himself as a lawyer according to the best of his knowledge and
discretion with all good fidelity as well to the courts as to his clients.
By taking the lawyer's oath, respondent became a guardian of the law and an
indispensable instrument for the orderly administration of justice. As such, he can be
disciplined for any conduct, in his professional or private capacity, which renders him
unfit to continue to be an officer of the court.[10]
Here, respondent failed to live up to his duties and responsibilities. He served as
counsel for complainant before the NLRC and all the way to this Court. As it was
though, he never did anything more to protect his client's interest after he filed the
petition for review on certiorari before the Court onward.
Respondent violated the
CPR when he did not
apprise complainant of the
case status.
The moment the lawyer-client relationship commences, the relationship of the lawyer
and the client becomes imbued with trust and confidence. Thereupon, the lawyer is
bound to serve his or her clients with full competence, and to attend to their cause with
utmost diligence, care and devotion. In accordance with this highly fiduciary
relationship, the client expects the lawyer to be always mindful of the former's cause
and to be diligent in handling his or her legal affairs.
As an essential part of this highly fiduciary relationship, the client is entitled to a
periodic and full status update from the lawyer pertaining to the case,[11] viz.:
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66208
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