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Duty to serve client with

competence and diligence


CANON 18
A lawyer shall serve his
client with competence
and diligence.
Llunar v. Ricafort, A.C. No. 6484 (2015)
Facts Issue Decision Applicable
Canon
Atty. Ricafort was hired to Violation of CPR and IBP-CBD: Indefinite Rule 18.03
recover a parcel of land Lawyer’s Oath suspension from practice of Canon 16
subject to foreclosure law Canon 15
proceedings. Three years IBP-BOG: Disbarment and
later, no action was filed by return to complainant the
Atty. Ricafort. He refused 95k within 30 days from
to return the P95K initially notice
given to him. The
complainant discovered that SC: Disbarment, removal
Atty. Ricafort had been from the Roll of Attorneys,
suspended indefinitely from and return P95K to
the practice of law since complainant
2002.
Rule 18.01
A lawyer shall not undertake a legal
service which he knows or should know
that he is not qualified to render.
However, he may render such service if,
with the consent of his client, he can
obtain as collaborating counsel a lawyer
who is competent on the matter.
Rule 18.02
A lawyer shall not handle any legal
matter without adequate preparation.
Rule 18.03
A lawyer shall not neglect a legal
matter entrusted to him, and his
negligence in connection therewith
shall render him liable.
Carandang vs. Obmina, A.C. No.
7813 (2009)
Facts Issue Decision Applicable
Canon
Atty Obmina failed to Violation of CPR and IBP-CBD: Suspension for 1 Canon 18
inform Carandang the Lawyer’s Oath year Rule 18.03
progress of the case and the Rule 18.04
adverse decision of the IBP-BOG: Adopted
court, and failed to inform Commissioner's
them of their remedy to recommendations
appeal the said adverse
decision. As a result, SC: Suspension of 1 year
Carandang lost the case as
well as the house and lot.
Rule 18.04
A lawyer shall keep the client informed
of the status of his case and shall
respond within a reasonable time to the
client's request for information.
Duty to represent client with zeal
within the bounds of the law
CANON 19
A lawyer shall represent
his client with zeal
within the bounds of the
law.
Rule 19.01
A lawyer shall employ only fair and
honest means to attain the lawful
objectives of his client and shall not
present, participate in presenting or
threaten to present unfounded criminal
charges to obtain an improper
advantage in any case or proceeding.
Rule 19.02
A lawyer who has received information that his
client has, in the course of the representation,
perpetrated a fraud upon a person or tribunal,
shall promptly call upon the client to rectify the
same, and failing which he shall terminate the
relationship with such client in accordance
with the Rules of Court.
Rule 19.03
A lawyer shall not allow his
client to dictate the procedure in
handling the case.
Millare vs. Montero, 246 SCRA 1
Facts Issue Decision Applicable
Canon
1. Atty. Eustaquio Montero represented Elsa Whether It is unethical for a Canon 19
Dy Co in an ejectment case filed against respondent is lawyer to abuse or Rule 19.01
her by Millare’s mother. guilty of violating wrongfully use the Rule 19.03
2. Pacifica Millare, the mother of the the duty to judicial process, like Rule 12.02
complainant, obtained a favorable represent the client the filing of dilatory Rule 12.04
judgment from the MTC which ordered with zeal the motions, repetitious
respondent’s client to vacate the premises. bound of the law litigation and frivolous
3. Respondent filed a total of six appeals, appeals for the sole
complaints or petitions to frustrate the purpose of frustrating
execution of the MTC judgment. and delaying the
4. Respondent thereafter resorted to devious execution of a
and underhanded means to delay the judgment.
execution of the judgment rendered by the
MTC adverse to his client. SUSPENDED for (1)
year.

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