Monday, February 23, 2009

LOLITA ARTEZUELA VS. ATTY. RICARTE B. MADERAZO A.C. NO. 4354. APRIL 22, 2002



Facts:
Artezuela filed before the Supreme Court a verified complaint for disbarment against the respondent. She alleged that respondent grossly neglected his duties her lawyer in a damage suit and failed to represent her interests with zeal and enthusiasm. According to her, when her case was scheduled for pre-trial conference, respondent asked for its postponement although all the parties were present. Notwithstanding complainant’s persistent and repeated follow-up, respondent did not do anything to keep the case moving. He withdrew as counsel without obtaining complainant’s consent.

Complainant also claimed that respondent engaged in activities inimical to her interests. While acting as her counsel, respondent prepared Echavia’s Answer to the Amended Complaint. The said document was even printed in respondent’s office. Complainant further averred that it was respondent who sought the dismissal of the case, misleading the trial court into thinking that the dismissal was with her consent.


Issue: Whether or not the lawyer should be disbarred.


Held: Yes. He is guilty of representing conflicting interests prohibited by Rule 15.03 of Canon 15 of the Code of Professional Responsibility.

To be guilty of representing conflicting interests, a counsel-of-record of one party need not also be counsel-of-record of the adverse party. He does not have to publicly hold himself as the counsel of the adverse party, nor make his efforts to advance the adverse party’s conflicting interests of record--- although these circumstances are the most obvious and satisfactory proof of the charge. It is enough that the counsel of one party had a hand in the preparation of the pleading of the other party, claiming adverse and conflicting interests with that of his original client. To require that he also be counsel-of-record of the adverse party would punish only the most obvious form of deceit and reward, with impunity, the highest form of disloyalty.

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