Facts: This is an administrative complaint filed by complainant spouses Cayetano and Lirio Rabanal against Atty. Faustino F. Tugade. It is alleged that respondent, as counsel for complainant Cayetano Rabanal, did not file the appellant’s brief in the Court of Appeals despite having been granted by the appellate court an extension of time to file the same, as a result of which the appeal filed by Cayetano was dismissed and the decision of the then Circuit Criminal Court of Tuguegarao, Cagayan became final and executory.
Respondent claims however that he was not the counsel of complainant Cayetano Rabanal prior to the filing of a motion for reconsideration before the Court of Appeals and he could not be held responsible for the dismissal of complainant’s appeal for failure of counsel to file the appellant’s brief.
Issue: Whether or not the lawyer should be disciplined
Held: Yes. The absence of a written contract does not preclude a finding that there was a professional relationship which merits attorney’s fees for professional services rendered. A written contract is not an essential element in the employment of an attorney; the contract may be express or implied. To establish the relation, it is sufficient that the advice and assistance of an attorney is sought and received in any matter pertinent to his profession. In this case, complainant sought and received legal advice from respondent Tugade, who admitted that he agreed to sign the appellant’s brief to be filed and that he received P600.00 from complainant spouses. It is therefore clear that a lawyer-client relationship existed between the two. He thus violated the Code of Professional Responsibility which provides:
RULE 12.03. A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting the same or offering an explanation for his failure to do so.
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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