Legal Ethics Case Digests – Duty to the Court/Negligence of a Lawyer

In Re: Vicente Y. Bayani

A.C. No. 5307. August 9, 2000

Facts: Atty. Vicente Bayani was the lawyer for the appellant in a criminal case. He failed to submit his proof of service in his appellant’s brief which subsequently caused the inability of the appellee to file his own brief. The IBP was order to investigate on the matter and despite repeated notices, Bayani failed to submit the proof of service and his answer to the IBP’s query. Hence, this administrative complaint.

Held: GUILTY. Atty. Bayani’s failure to submit proof of service of appellant’s brief and his failure to submit the required comment manifest willful disobedience to the lawful orders of the Supreme Court, a clear violation of the canons of professional ethics. It appears that Atty. Bayani has fallen short of the circumspection required of a member of the Bar. A counsel must always remember that his actions or omissions are binding on his clients. A lawyer owes his client the exercise of utmost prudence and capability in that representation. Further, lawyers are expected to be acquainted with the rudiments of law and legal procedure and anyone who deals with them has the right to expect not just a good amount of professional learning and competence but also a whole-hearted fealty to his client’s cause. Having been remiss in his duty to the Court and to the Bar, Atty. Bayani was suspended from the practice of law for 3 months and until the time he complies with the Order of the Supreme Court to submit the required proof of service.

 

Source:

Legal Ethics Digests

Ateneo Central Bar Ops 2001

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About Magz

First of all, I am not a lawyer. I'm a graduate of AB Political Science and went to the College of Law but stopped going to law school for some reasons. I'm a passionate teacher who has been teaching English to speakers of other languages and a person who likes writing and blogging. I lost some important files and software when my computer broke down so the reason I created this website is to preserve the notes, reviewers and digests I collected when I was at the law school and at the same time, I want to help out law students who do not have enough time to go and read books in the library.

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