3rd

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1. The property and effects of the wards- there are times that a guardian would have to dispose or
sell a property of a deceased in order to meet the needs of the wards or those that are left by
the deceased who are left to her care or to fulfill an obligation. It is therefore charged to the
lawyer’s knowledge that such property and effects of the wards are under the control and
supervision of the court thus cannot be used without the latter’s permission. Generally, a ward
has no authority to sell the estate of his wards in the absence of any special authority. Thus,
such transaction needs to be informed and authorized by the court.
2. A confession of judgment is an affidavit/signed agreement in which a party admits
liability to another party, and agrees that the affidavit may be filed as a judgment
upon the occurrence of a stated condition,  without the client’s consent or authority.
Without such consent or authority, such confession of judgement is void, as against public
policy. – because it magnifies the possibility for fraud as such instrument a party bargains away
his right to a day in court.
3. A lawyer may not be held negligent for the numerous postponement of hearings on
occasions that the other party has made the such request or petition.
4. The reason for such refusal of a lawyer to return funds, documents and papers of his
clients which have faithfully come into his possession is because of the lawyer’s right of
a retaining fee and could only be returned until his lawful fees and disbursements have
been paid.
5. In the case of Katindig vs Brillantes, it was held that the lawyer’s furnishing of an
erroneous information to his client as such that he failed to file the brief within the
reglementary period but was in truth in the contrary, is held to be though an unwarranted
behavior but does not constitute misbehavior that may warrant disciplinary action. But in
case that he a lawyer was not able to render his service to a client, a lawyer has the duty
to return the amount he had been paid as partial payment of his attorney;’s fees.
6. Receipt of mails or notice- Service of notice by registered mail is complete upon actual
receipt by the addressee. Such rule imposes upon the lawyer to maintain a system that
will insure his prompt receipt of notices and communication sent to him. The failure or
refusal of a lawyer to claim registered mails addressed to him may prove prejudicial to
his client’s interest.

4th slide
1-2.Where the party is duly notified of the proceedings in the case through his counsel, the failure of
the client to inquire his counsel of the status of the case does not constitute excusable negligence as
to justify rehearing or re-trial- client should contact or coordinate with his counsel from time to
time- standard of care an ordinarily prudent man bestows upon his important business.

5th slide

Conducts of lawyers

Misappropriation of funds-collection of excessive attorney’s fees and expenses of litigations

Failure of a lawyer to return the money to complaiant upon demand

Failure of the lawyer to remit the money entrusted by a person which is purported as payment for
other matters

Prohibitions to purchase property of client