88.

In re Bamberger
??? | April 7, 1924 |,En Banc.
Alba | Specific Obligations
Summary: Bamberger was Berger’s attorney in a case for sum of money. After the case,
Bamberger has not made any effort to render accounting. His excuses were held inadmissible and
the SC declared him guilty of professional misconduct and suspended him for 6 months.

Doctrine: Attorneys are bound to promptly account to their clients for money or property
received by them​, and the fact that an attorney has a lien for fees on money in his hands does not
relieve him from liability.

Facts​:
1. Bamberger was attorney for SM Berger in a case (v. Valera) regarding a sum of money.
- He took possession of personal property attached by the sheriff (and other properties
not attached) and disposed of a steel bars that Valera deposited with King Chio.
2. In his answer, he admitted that he had disposed of 83 tins of canned peas (10 cents per tin)
and one case of ketchup (P10) without due authorization.
- While the merchandise was in his possession, he received P2178.82 either from
Valera’s debtors (especially King Chio) or for having disposed of some merchandise.
- He also admitted that he is accountable for P1187 to SM Berger and Co.
3. Bamberger was, on several occasions, required by Block (on behalf of Berger) or by Berger to
render an immediate accounting which he ​disregarded ​without any reasonable cause.
4. Since the Berger v. Valera case was decided, Bamberger has not made any effort to render an
accounting nor has he been willing to deliver to his client the money collected.
5. His excuse is that Cedrun did not give him a list of the merchandise taken by the latter and
because Mr. Berger took with him the receipt of King Chio and other certain notes in relation to
Chio. ​However​:
a. Cedrun said he did furnish him with the list and that he made a note on his book
regarding the merchandise turned over
b. He never asked Mr. Berger for the receipt and other notes. If he did, Berger would have
given it for the accounting.
c. If it were true that he could not give a complete accounting without such papers and
notes, it is not understood why he prepared an assignment of the account owed to King
Chio by the Talisay-Silay Milling Co. amounting to P5,390.
6. The investigating fiscal recommends the suspension of Bamberger from the practice of law.

Issue/s:​ ​Whether or not Atty. Bamberger should be suspended from the practice of law ​YES

Holding:
1. The findings of fact are supported by evidence. However, the amount owed by Bamberger to
his client must be determined in another proceeding.
2. Attorneys are bound to promptly account to their clients for money or property received
by them​, and the fact that an attorney has a lien for fees on money in his hands does not
relieve him from liability.
3. Notwithstanding repeated demands on the part of his client, the defendant has for several
years ​failed to render an accounting of the money received by him on behalf of his client
and the excuses offered for his failure to do so are so inadequate as to merit no consideration.

Ruling:​ GUILTY of professional misconduct. Suspended for 6 months.