Respondent, a lawyer, was hired to handle a civil case for Complainant and was paid P10,000. Respondent later refunded P3,000 but withheld P7,000. Complainant filed a complaint against Respondent with the Integrated Bar of the Philippines for unlawfully withholding money. The IBP Board of Governors recommended Respondent be suspended for one month and ordered to return the P7,000. The Supreme Court ruled Respondent violated his duties as a lawyer by unjustifiably refusing to return the Complainant's money and failing to act with candor, fairness and loyalty to his client as required.
Respondent, a lawyer, was hired to handle a civil case for Complainant and was paid P10,000. Respondent later refunded P3,000 but withheld P7,000. Complainant filed a complaint against Respondent with the Integrated Bar of the Philippines for unlawfully withholding money. The IBP Board of Governors recommended Respondent be suspended for one month and ordered to return the P7,000. The Supreme Court ruled Respondent violated his duties as a lawyer by unjustifiably refusing to return the Complainant's money and failing to act with candor, fairness and loyalty to his client as required.
Respondent, a lawyer, was hired to handle a civil case for Complainant and was paid P10,000. Respondent later refunded P3,000 but withheld P7,000. Complainant filed a complaint against Respondent with the Integrated Bar of the Philippines for unlawfully withholding money. The IBP Board of Governors recommended Respondent be suspended for one month and ordered to return the P7,000. The Supreme Court ruled Respondent violated his duties as a lawyer by unjustifiably refusing to return the Complainant's money and failing to act with candor, fairness and loyalty to his client as required.
Facts: Atty. Javier (Respondent) was hired by complainant to handle Civil Case No. 2188-LRC No. 215, pending with the Regional Trial Court of Aklan. On appeal by the adverse party, Respondent offered to collaborate in the appealed case stating that through sweet talk and pretense of influence to several justices of the Court of Appeal . . . that he could be of great help in expediting speedy disposition of the case. Complaint-Affidavit] complainant gave respondent P10,000,00 with the understanding that the money is for "safekeeping and as proof, according to him, . . . promising to return my money should my mother and her lawyer Atty. Ibadlit disagree in his collaborating in the case" Then complainant wrote respondent demanding P7,000.00 balance since P3,000.00 had already been refunded by respondent. Instead of filing an Answer, respondent filed an Affidavit alleging that he "gave back the P3,000.00 not as a settlement. A Complaint-Affidavit was filed by complainant with the Integrated Bar of the Philippines (IBP) against the respondent, "for malpractice, deceit, dishonesty, (and) gross misconduct in his office as attorney and/or for violation of his lawyer's oath. Respondent was accused of having unlawfully withheld and misappropriated complainant's money in the amount of P7,000.00, allegedly paid by way of acceptance fee for a matter which respondent never performed any work on. In the Resolution passed by the IBP Board of Governors, they resolved to recommend to the Supreme Court that the respondent be suspended from the practice of law for one (1) month and restitution of the seven thousand pesos (P7,000.00) acceptance fee. Issue: Whether or not respondent violated his lawyer’s oath and unlawfully withheld complainant’s money. Held: Yes Respondent not only unjustifiably refused to return the complainant's money upon demand, but he stubbornly persisted in clinging to what was not his and to which he absolutely had no right. The lawyer-client relationship is characterized as fiduciary. Respondent, like all other members of the Bar, was and is expected to always live up to the standards embodied in the Code of Professional Responsibility, particularly the following canons: CANON 15 — A lawyer shall observe candor, fairness and loyalty in all his dealings and transactions with his client CANON 16 — A lawyer shall hold in trust all moneys properties of his client that may come into his possession 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 20 — A lawyer shall charge only fair and reasonable fees. for the relationship between an attorney and client is highly fiduciary in nature and demands utmost fidelity and good faith. Respondent should have set aside his personal feelings and should have pursued diligently the cause of his client within the bounds of reason, justice, and fair play. Public interest requires that an attorney exert his best efforts and ability in the prosecution or defense of his client's cause