Basis Legal Ethics.5-6
Basis Legal Ethics.5-6
1. Atty. Primitivo, lawyer of Cresencio in a civil case, received an adverse decision on the
case. He entrusted to his secretary the duty to inform the client of the adverse
decision. The secretary informed the client rather late and with wrong information
that they still have a period of thirty days within which to appeal the decision.
Cresencio, thus, lost his opportunity to appeal the adverse decision. Cresencio filed
an administrative case for disbarment against Atty. Primitivo where the latter for his
defense passed the blame on his secretary. Is Atty. Primitivo guilty of negligence?
(Roldan Vs Panganiban, AC No. 4552, Dec. 14. 2004, Adaza vs Barinaga, AC No., 1604,
May 29. 1981)
Yes.
2. May lawyers be held liable for damages for negligence in the handling of a case?
Rule 18.03, Canon 18 of the CPR providesthat a lawyer shall not neglect a legal
matter entrusted to him and his negligence in connection therewith shall render him
liable.