(Part 27) EN BANC | HERNANDO, J.
SC suspends a lawyer for two years for failing to return money to his client despite numerous demands.
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Once a lawyer agrees to represent a client, he/she is duty-bound to exert his/her best effort and to serve the latter with utmost diligence and competence.
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A lawyer owes fidelity to his/her client's cause and must always be mindful of the trust and confidence reposed upon him/her. A lawyer's neglect of a legal matter entrusted to him/her by his/her client constitutes inexcusable negligence for which he/she must be held administratively liable.6
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| SHOP HERE VOL. I VOL. II The Code of Professional Responsibility pertinently provides:
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Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable.
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In this case, Atty. Sagario breached his duties to his client when he failed to exercise due diligence in handling the annulment case of complainant.
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In fact, to the detriment of complainant, he failed to render any legal service to her despite receipt of fees in the total amount of PhP57,000.00. This constitutes a clear violation of Rule 18.03, Canon 18 of the CPR.
Atty. Sagario also violated Canon 16, Rules 16.01 and 16.03, and Canon 17 when he failed to return the amount of PhP 57,000.00 upon complainant's demand.
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Acceptance of money from a client establishes an attorney-client relationship and gives rise to the duty of fidelity to the client's cause.7 In Maglente v. Agcaoili, Jr., 8 we held that:
[W]hen a lawyer receives money from the client for a particular purpose, the lawyer is bound to render an accounting to the client showing that the money was spent for the intended purpose. Consequently, if the money was not used accordingly, the same must be immediately returned to the client. A lawyer's failure to return the money to his client despite numerous demands is a violation of the trust reposed on him and is indicative of his lack of integrity, as in this case.
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The highly fiduciary nature of an attorney-client relationship imposes upon the lawyer the duty to account for the money received from his/her client.
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A lawyer's failure to return upon demand the money he/she received from his/her client gives rise to the presumption that he/she has appropriated the same for his/her own use.
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An attorney-client relationship requires utmost good faith, loyalty, and fidelity on the part of the lawyer. In this case, Atty. Sagario clearly fell short of the demands required of him as a member of the Bar.9
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In Rollon v. Naraval, the Court imposed the penalty of suspension from the practice of law for two (2) years for the lawyer's failure to render any legal service despite receipt of legal fees. In view of the foregoing, the Court sustains the recommendation of the IBP that Atty. Sagario be meted the penalty of suspension from the practice of law for two (2) years.
WHEREFORE, Atty. Quirino Sagario is found GUILTY of violating Rules 16.01 and 16.03 of Canon 16, Canon 17, and Rule 18.03 of Canon 18 of the Code of Professional Responsibility. Accordingly, Atty. Quirino Sagario is hereby SUSPENDED from the practice of law for two (2) years effective immediately with a STERN WARNING that a repetition of the same or similar acts will be dealt with more severely.
Citations:
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