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Ethics Digests

Ethics Digests

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Published by Layla-Tal Medina

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Published by: Layla-Tal Medina on Sep 08, 2010
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02/04/2013

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Digested Cases for Legal Ethics
Medina, L. O. IX. IX. MMX Page 2
HELD:There was something fishy and suspicious concerning the actuations of formercounsel Atty. Tañega in this case. He did not give any significance at all, to theprocesses of the court, which has proven prejudicial to the rights of his clients.There was nothing which could have prevented the appellants from attending thetrial of the case themselves, or moving for a reconsideration of the decision ortaking the necessary appeal from the judgment, if only their counsel had informedthem of the court's processes. Counsel had simply ignored the rights of his clientsby giving a lame and flimsy explanation that the court's processes just escaped hisattention. He deprived them of their day in court.There should be no dispute regarding the doctrine that normally notice to counselis notice to parties, and that such doctrine has beneficient effects upon the promptdispensation of justice. Its application to a given case, however, should be lookedinto and adopted, according to the surrounding circumstances; otherwise, in thecourt's desire to make a short cut of the proceedings, it might foster, wittingly orunwittingly, dangerous collusions to the detriment of justice. It would then be easyfor one lawyer to sell one's rights down the river, by just alleging that he just forgotevery process of the court affecting his clients, because he was so busy. Under thiscircumstance, one should not insist that a notice to such irresponsible lawyer isalso a notice to his clients.The attention of the trial court is invited to the censurable conduct of Atty.Bonifacio Tañega in this particular case, and to take such action as may bewarranted in the premises.

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