Howard Terrell, an attorney, was accused of assisting in the organization of an association called "Centro Bellas Artes" and acting as its counsel despite knowing it was created to evade the law. The court found Terrell guilty of the charges and suspended him from practicing law. While Terrell was also charged with estafa in a separate case and acquitted, the court ruled his involvement with the association justified a one-year suspension from practicing law due to an attorney assisting with schemes to violate the law.
Howard Terrell, an attorney, was accused of assisting in the organization of an association called "Centro Bellas Artes" and acting as its counsel despite knowing it was created to evade the law. The court found Terrell guilty of the charges and suspended him from practicing law. While Terrell was also charged with estafa in a separate case and acquitted, the court ruled his involvement with the association justified a one-year suspension from practicing law due to an attorney assisting with schemes to violate the law.
Howard Terrell, an attorney, was accused of assisting in the organization of an association called "Centro Bellas Artes" and acting as its counsel despite knowing it was created to evade the law. The court found Terrell guilty of the charges and suspended him from practicing law. While Terrell was also charged with estafa in a separate case and acquitted, the court ruled his involvement with the association justified a one-year suspension from practicing law due to an attorney assisting with schemes to violate the law.
Topic: Acting as Counsel for an Association Created for the Purpose
of Evading the Law
Title: IN THE MATTER OF THE SUSPENSION OF HOWARD D. TERRELL FROM THE PRACTICE OF LAW Reference: G.R. No. 1203 May 15, 1903 FACTS
An action for the suspension of attorney-at-law Howard Terrell from the
practice of law was filed in the CFI of Manila for allegedly assisting in the organization of Centro Bellas Artes and acting as attorney for such association with full knowledge that it was created for the purpose of evading the law then in force in said city. The CFI of Manila held that the charges against Terrell were true and made an order suspending him from his office as a lawyer in the Philippine Islands. Aside from the action for his suspension from the practice of law, Terrell was also charged with estafa in a separate criminal action but was eventually acquitted.
ISSUES
Whether or not Terrell should be suspended from the practice of law?
RULINGS
Yes, he should be suspended.
The promotion of an organization for the purpose of violating or evading
the penal laws amounts to such malpractice on the part of an attorney at law as will justify removal or suspension.
Assisting a client in a scheme which the attorney knows to be dishonest
or conniving at a violation of law are acts which are enough to justify disbarment. However, Terrells acquittal on the charge of estafa serves to lower his sanction to suspension from the practice of law in the Philippine Islands for the term of one year from February 7, 1903.