TOPICS:

 JUDGMENT
 SANCTIONS
 Administrative Liability
 Criminal Liability
 Civil Liability
 Executive Pardon
 REINSTATEMENT

 JUDGMENT
 The Supreme Court, as guardian of legal profession, has ultimate
disciplinary power over attorneys.
 The Supreme Court decides the disciplinary action on the basis of
the evidence adduced during the investigation conducted on the
process.
 The Supreme Court, on the evidence on record, may dismiss the
case or adjudge the lawyer guilty, in which event it will impose
the corresponding disciplinary sanction which may be warning,
reprimand or censure, fine, suspension or disbarment.

DISMISSAL OF CASE
 In the absence of convincing or clearly preponderant evidence, the
disbarment case against the lawyer should be dismissed.
 In dismissing a disciplinary action against a lawyer, the court may
impose certain conditions if the facts so warrant.
 In the event the lawyer fails to comply with condition, it may suspend or
disbar him for disobedience of its order.
 The death of a lawyer during the pendency of the disciplinary action
against him renders the action moot and academic and justifies
dismissal on that ground.
(Atty. Teodosio vs. Nava)
(Uytengsu III vs. Atty. Baduel)

 DISCIPLINARY SANCTIONS
 Disciplinary sanction imposed against a lawyer found guilty of
misconduct requires consideration of a number of factors.
 Disciplinary proceedings against lawyers are sui generis: neither purely
civil nor purely criminal.
 Primary purpose of disciplinary action against lawyer is to:
 protect the court and public from the misconduct of officers of
the court; and
 protect the administration of justice, requiring those who are
exercising this important function shall be:
 competent , honorable and reliable men in whom
courts and clients may repose confidence.

 WARNING
 An act or fact of putting one on his guard against an impending danger,
evil consequences or penalties.

 ADMONITION

Lyssa S. Tañas
Basic Legal Ethics- Group I
May 10, 2020
  A gentle or friendly reproof, mild rebuke, warning or reminder,
counseling, on a fault, error or oversight, an expression of authoritative
advice.
 CENSURE or REPRIMAND
 is usually meted out for an isolated act of misconduct of a lesser
nature.

 FINE
 is a sort of a warning that the lawyer should be more careful in the
discharge of his duties.

 SUSPENSION
 Temporary withholding of a lawyer’s right to practice his profession as
a lawyer for a certain period or for an indefinite period of time.
 DEFINITE – has set end date
 INDEFINITE- a qualified disbarment; lawyer determines for
himself for how long or how short his suspension shall last
by proving to court that he is once again fit to resume
practice of law .

 DISBARMENT
 the most severe form of disciplinary sanction
 is a judicial act of withdrawing the privilege to practice law, the name
of the lawyer is stricken out from the roll of attorneys.

The power to disbar or suspend ought always to be exercised on the

preservative and not on the vindictive principle, with great caution and only
for the most weighty reasons and only on clear cases of misconduct which
seriously affect the standing and character of the lawyer as an officer of
the court and member of the Bar.

 ADMINISTRATIVE LIABILITY OF LAWYERS

 Main Objectives of Disbarment and Suspension:
1. to compel the attorney to deal fairly and honestly with his clients;
2. to remove from the profession a person whose misconduct has proved
him unfit to be entrusted with the duties and responsibilities
belonging to the office of an attorney;
3. to punish the lawyer;
4. to set an example or a warning for the other members of the bar;
5. to safeguard the administration of justice from incompetent and
dishonest lawyers;
6. to protect the public

 CRIMINAL LIABILITY
1. Prejudicing client or revealing client’s secrets
(Art. 209 of Revised Penal Code- Betrayal of trust by an attorney or solicitor- Revelation of
secrets)

2. Representing adverse interests

(Art. 209 of Revised Penal Code- Betrayal of trust by an attorney or solicitor- Revelation of
secrets)
3. Introducing false evidence
(Art. 172 of Revised Penal Code- Falsification by private individual and use of falsified
documents)
4. Misappropriating client’s funds (Art. 315. Swindling (estafa))

 CIVIL LIABILITY
1. Client is prejudiced by lawyer’s negligence or misconduct
2. Breach of fiduciary obligation
Lyssa S. Tañas
Basic Legal Ethics- Group I
May 10, 2020
 3. Civil liability to third party; no counterclaim against him
4. Libelous words in pleadings; privileged communication
5. Liability for costs of suit (treble cost)

 CONTEMPT OF COURT
 is the offense of being disobedient to or disrespectful toward a court of
law and its officers in the form of behavior that opposes or defies the
authority, justice and dignity of the court.

 The power to punish for contempt is inherent in all courts. It is

essential in the observance of order in judicial proceedings and to
enforcement of judgment, orders and writs.

 KINDS OF CONTEMPT
1. Direct Contempt- is an act that occurs in the presence of the court and is
intended to embarrass or engender disrespect for the court.

2. Indirect Contempt- occurs outside the presence of the court, but its intention
is also to belittle, mock, obstruct, interrupt, or degrade the court and its
proceedings.

3. Civil Contempt- generally involves the failure to perform an act that is ordered
by a court as a means to enforce the rights of individuals or to secure
remedies for parties in a civil action.

4. Criminal Contempt- involves behavior that assaults the dignity of the court or
impairs the ability of the court to conduct its work.

ACTS CONSTITUTING CONTEMPT

 Misbehavior as an officer of the court
 Disobedience of or resistance to a lawful order of the court
 Publication concerning pending litigation
 Publication tending to degrade the court; disrespectful language in pleading
 Misleading the courts, making false allegations or obstructing justice
 Aiding in the unauthorized practice of law
 Belligerent attitude
 Unlawful retention of the client’s fund

EXECUTIVE PARDON
 an act of grace from the President absolving persons deprived of
liberty from the punishment prescribed for the crime he has committed

TYPES OF PARDON
ABSOLUTE PARDON
 it is the total extinction of the criminal liability of the individual to whom
it is granted without any condition whatsoever resulting to the full
restoration of his civil rights.
 The lawyer after the absolute pardon, is as guiltless and innocent as if
he never committed the offense at all.

CONDITIONAL PARDON
 a remission of unexpired period of sentence does not operate as a bar
to disbarment proceedings

 the disciplinary action against the lawyer will be adjudged upon the act
of conviction without regard to the conditional pardon extended to him.

 REINSTATEMENT
 it is the restoration of a person to a former position
Lyssa S. Tañas
Basic Legal Ethics- Group I
May 10, 2020
  The Supreme Court has the exclusive authority to reinstate a disbarred or
indefinitely suspended lawyer.
 This is based on its constitutional prerogative to promulgate rules on the
admission of applicants to the practice of law.

 The petitioner must prove that he is once again fit and proper person to
practice law.

 The quantum of evidence necessary for reinstatement is the same as that

for admission to the bar, except that the court, when the circumstances so
warrant, may require an applicant to present additional proof of his
qualifications.
 The Court may require an applicant for reinstatement to enroll in and pass
regular fourth year review classes in a recognized law school and to
submit evidence compliance therewith as a condition to readmission to
the bar.
 The sole object of the Court upon an application for reinstatement to
practice, is to determine whether or not the applicant has satisfied and
convinced the Court by positive evidence that the effort he has made
toward the rehabilitation of his character has been successful, and,
therefore, he is entitled to be re-admitted to a profession which intrinsically
an office of trust.

The following must be taken into consideration:

1. the applicant’s character and standing prior to disbarment;
2. the nature or character of misconduct for which he is disbarred;
3. his conduct subsequent to disbarment;
4. including his efficient government service;
5. the time that has elapsed between disbarment and the application
for reinstatement and the circumstances that he has been sufficiently
punished and disciplined;
6. applicant’s appreciation of significance of this dereliction and his
assurance that he now possesses the requisite probity and
integrity;
7. favorable endorsement of the IBP, pleas of his loved ones.

In considering a lawyer’s application for reinstatement to the

practice of law, the duty of the Court is to determine whether he has
established moral reformation and rehabilitation, disregarding its
feeling of sympathy or pity.
(In Re: Petition for Reinstatement, Torres)

When exercising the inherent power to grant reinstatement, the

Court should see to it that only those who establish their present moral
fitness and knowledge of the law will be readmitted to the bar.
(In Re: Petition for Reinstatement, Torres)

Though the doors to the practice of law are never permanently

closed on a disbarred lawyer; the Court owes a duty to the legal
profession as well as to the general public to ensure that if the doors
are opened, it is done so only as a matter of justice.
(In Re: Petition for Reinstatement, Torres)

Lyssa S. Tañas
Basic Legal Ethics- Group I
May 10, 2020
 EFFECTS OF REINSTATEMENT
1. Recognition of moral rehabilitation and mental fitness to practice
law;

2. Lawyer shall be subject to same law, rules and regulations as those

applicable to any other lawyer;

3. Lawyer must comply with the conditions imposed on his

readmission.

REFERENCES:
Legal and Judicial Ethics Book by Ruben E. Agpalo, pp461-481; 581; 587-596
https://lawphilreviewer.wordpress.com/tag/legal-ethics-liabilities-of-lawyers/
https://www.scribd.com/document/132807677/Liabilities-of-Lawyers
http://docshare.tips/liabilities-of-a-lawyer_5848cc2cb6d87f6d358b4775.html

Lyssa S. Tañas
Basic Legal Ethics- Group I
May 10, 2020