WITHHOLDING CLIENT’S FUNDS
ADEGORE R. PLUMPTRE vs ATTY. SOCRATES R. RIVERA
FACTS:
Complainant ADEGORE R. PLUMPTRE engaged the services
of respondent Atty. Rivera in order to help him in his application
for a work permit from the Bureau of Immigration.
Complainant paid the respondent P10,000 as professional fees.
They met again and complainant gave respondent another
P10,000. As they met for the third time, respondent asked
P8,000 in order to pay a Las Piñas judge to reverse the motion
for reconsideration against complainant.
After which, complainant never received any updates on the
status of his working permit and pending court case.
Further, he called respondent for updates but the latter hurled
invectives at him and threatened him and his wife. After tracking
respondent’s whereabouts, complainant demanded the return of
the P28,000 endorsed to him, to which the latter refused.
ISSUE
Whether respondent Atty. Rivera be held liable for withholding
such client’s funds and for bribing the judge.
RULING
YES, respondent Atty. Rivera should be held liable for
withholding client’s funds and for bribing the judge.
The unjustified withholding of funds belonging to the client
warrants the imposition of disciplinary action against the lawyer.
By absconding with the money entrusted to him by his client and
behaving in a manner not befitting a member of the bar,
respondent violated the following Canons of the Code of
Professional Responsibility:
Canon 1
Canon 7
Rule 16.01 of Canon 16
Canon 17
Rules 18.03 and 18.04 of Canon 18.
As his client’s advocate, a lawyer is duty - bound to protect his
client’s interests and the degree of service expected of him in
this capacity is his “entire devotion to the interest of the client,
warm zeal in the maintenance and defense of his rights and the
exertion of his utmost learning and ability. The lawyer also a
fiduciary duty, with the lawyer-client relationship imbued with
utmost trust and confidence.