FACTS: An adverse decision was rendered by the trial court against the client of Atty. Ibadlit. He did not appeal the decision because of his opinion that to appeal would be futile. An administrative complaint was later filed by Atty. Ibadlit’s client against him for failure to file an appeal within the reglementary period.
ISSUE: Whether a lawyer may refuse to file an appeal on behalf of his client when in his opinion to make an appeal would be futile.
HELD: No. It was highly improper for him to have adopted such opinion since a lawyer is without authority to waive his client’s right to appeal and his failure to appeal within the prescribed period constituted negligence and malpractice. Under Rule 18.03, Canon 18 0f the CPR “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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