Liabilities of Lawyers

Civil Liability

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Client is prejudiced by lawyers negligence or misconduct

Breach of fiduciary obligation
Civil liability to third persons
Libelous words in pleadings; violation of communication privilege
5. Liability for costs of suit (treble costs) when lawyer is made liable for insisting on clients
patently unmeritorious case or interposing appeal merely to delay litigation

Criminal Liability
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Prejudicing client through malicious breach of professional duty

Revealing clients secrets
Representing adverse interests
Introducing false evidence
Misappropriating clients funds (estafa)
Contempt of Court

a. Kinds of Contempt:

Direct consists of misbehavior in the presence of or so near a court or judge as to interrupt or

obstruct the proceedings before the court or the administration of justice; punished summarily.

Indirect one committed away from the court involving disobedience of or resistance to a
lawful writ, process, order, judgment or command of the court, or tending to belittle, degrade,
obstruct, interrupt or embarrass the court.

Civil- failure to do something ordered by the court which is for the benefit of a party.

Criminal any conduct directed against the authority or dignity of the court.
b. Acts Constituting Contempt:
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Misbehavior
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Disobedience
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Publication concerning pending litigation
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Publication tending to degrade the court; disrespectful language in pleadings
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Misleading the court or obstructing justice
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Unauthorized practice of law
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Belligerent attitude
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Unlawful retention of clients funds

Administrative Liabilities of lawyers

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Main Objectives of Disbarment and Suspension:

to compel the attorney to deal fairly and honestly with his clients;
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;
to punish the lawyer;
to set an example or a warning for the other members of the bar;
to safeguard the administration of justice from incompetent and dishonest lawyers;
to protect the public

Characteristics of Disbarment Proceedings:

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Neither a civil nor criminal proceedings;

Double jeopardy cannot be availed of in a disbarment proceeding;
It can be initiated motu propio by the SC or IBP. It can be initiated without a complaint;
It is imprescriptible;
Conducted confidentially;
It can proceed regardless of the interest of the lack thereof on the part of the complainant;
It constitutes due process.

Grounds for Disbarment or Suspension:

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deceit;
malpractice or other gross misconduct in office;
grossly immoral conduct;
conviction of a crime involving moral turpitude;
violation of oath of office;
willful disobedience of any lawful order of a superior court;
corrupt or willful appearance as attorney for a party to case without authority to do so (Sec.
27, Rule 138, RRC)
Procedure for Disbarment
Institution either by:
the Supreme Court, motu proprio, or
the IBP, motu proprio, or
upon verified complaint by any person
Six copies of the verified complaint shall be filed with the Secretary of the IBP or Secretary of
any of its chapter and shall be forwarded to the IBP Board of Governors.
Investigation by the National Grievance Investigators.
Submission of investigative report to the IBP Board of Governors.
Board of Governors decides within 30 days.
Investigation by the Solicitor-General
SC renders final decision for disbarment/suspension/dismissal.

Quantum of Proof Required: CLEAR, CONVINCING & SATISFACTORY evidence.

Burden of Proof:Rests on the COMPLAINANT, the one who instituted the suit

Officers authorized to investigate Disbarment cases:

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Supreme Court
IBP through its Commission on Bar Discipline or authorized investigator
Office of the Solicitor General

Mitigating Circumstances in Disbarment:

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Good faith in the acquisition of a property of the client subject of litigation (In re: Ruste, 70
Phil. 243)
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Inexperience of the lawyer (Munoz v. People, 53 SCRA 190)
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Age (Lantos v. Gan, 196 SCRA 16)
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Apology (Munoz v. People, 53 SCRA 190)

Lack of Intention to slight or offend the Court (Rhum of the Philippines, Inc. v. Ferrer, 20 SCRA
441).