Dalisay Vs Mauricio JR
Dalisay Vs Mauricio JR
FACTS:
The case stemmed from a letter-complaint by Valerina Dalisay against Atty. Melanio
Muauricio for demanding and receiving exorbitant attorneys fees but did not take any action on
her case. Complainant further alleged that notwithstanding her payments, respondent never
rendered any legal service for her in Civil Case No. 00-044. As a result, she terminated their
attorney-client relationship and demanded the return of her money and documents. However,
he refused to do so.
Respondent on his part defended that what was collected as attorneys fees is for the legal
services by way of legal advice and opinions that the respondent rendered to her and her family.
Thus, he had every right to collect such.
ISSUE:
Whether or not respondent is guilty of malpractice and gross misconduct
for violating Canons 17, 18, Rule 18.03 and 20 of the Code of Professional Responsibility?
RULING:
Canons 17 and 18 of the Code of Professional Responsibility, the body of rules governing
the conduct of every member of the Bar in this jurisdiction, provides:
CANON 17 A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND
HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE
REPOSED IN HIM.
CANON 18 A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND
DILIGENCE.
More specifically, Rule 18.03 states:
A LAWYER SHALL NOT NEGLECT A LEGAL MATTER ENTRUSTED TO HIM, AND
HIS NEGLIGENCE IN CONNECTION THEREWITH SHALL RENDER HIM LIABLE.
Also, respondents Attorneys Oath declares that respondent shall impose upon himself the
sacred duty, among others, that he will not delay any man for money or malice, and will conduct
himself as a lawyer according to the best of his knowledge and discretion with all good fidelity to
courts as well as to his client
Respondent
is SUSPENDED from the practice of law for a period for six (6)
months effective from notice, and STERNLY WARNED that any similar infraction in the future will
be dealt with more severely.