Professional Documents
Culture Documents
Liabilities of Lawyers
Liabilities of Lawyers
Civil Liability
1. Client is prejudiced by lawyer’s negligence or misconduct
2. Breach of fiduciary obligation
3. Civil liability to third persons
4. Libelous words in pleadings; violation of communication privilege
5. Liability for costs of suit (treble costs) – when lawyer is made liable for insisting on
client’s patently unmeritorious case or interposing appeal merely to delay litigation
Criminal Liability
1. Prejudicing client through malicious breach of professional duty
2. Revealing client’s secrets
3. Representing adverse interests
4. Introducing false evidence
5. Misappropriating client’s funds (estafa)
Contempt of Court
a. Kinds of Contempt:
Direct – consists of misbehavior in the presence of or so near a court or judge as to
interrupt or obstruct the proceedings before the court or the administration of justice;
punished summarily.
Indirect – one committed away from the court involving disobedience of or resistance to
a lawful writ, process, order, judgment or command of the court, or tending to belittle,
degrade, obstruct, interrupt or embarrass the court.
Civil- failure to do something ordered by the court which is for the benefit of a party.
Criminal – any conduct directed against the authority or dignity of the court.
1. deceit;
2. malpractice or other gross misconduct in office;
3. grossly immoral conduct;
4. conviction of a crime involving moral turpitude;
5. violation of oath of office;
6. willful disobedience of any lawful order of a superior court;
7. corrupt or willful appearance as attorney for a party to case without authority to do
so (Sec. 27, Rule 138, RRC)
1. Good faith in the acquisition of a property of the client subject of litigation (In re:
Ruste, 70 Phil. 243)
2. Inexperience of the lawyer (Munoz v. People, 53 SCRA 190)
3. Age (Lantos v. Gan, 196 SCRA 16)
4. Apology (Munoz v. People, 53 SCRA 190)