Rule 138, Revised Rules of The Court: Suspension and Disbarment

Rule 138, Revised Rules of the Court
Suspension and Disbarment
Authority to Discipline
Supreme Court
has the ultimate disciplinary power over attorneys
has the Constitutional mandate to regulate practice of law and the admission of lawyers.
It has inherent power incidental to its proper administration of justice and essential to an orderly
discharge of its judicial functions.
 Purpose of Disciplinary Proceedings

 Are instituted and sanctions imposed against erring lawyers in order to deter others from
similar misconduct and as indication to the public that the courts will maintain the ethical
standards of the profession.
 Disbarment Proceedings
 Are taken solely for public welfare to determine whether a member of the bar is fit to be
allowed the privilege as such or not.
Grounds
Breach of duties to court
 Obstructing justice and abuse of legal process
 An attorney as an officer of the court is called upon to assist in the administration of justice.
Like the court itself, he is an instrument to advance its cause. Any act on the part of a lawyer
that obstructs, perverts or impedes the administration of justice constitutes misconduct and
justifies disciplinary action against him.
 Misleading the court

 A lawyer may be disciplined for knowingly making false allegations in a pleading, misquoting
the text of a document, the testimony of the witness, the argument of opposing counsel or
the contents of a decision, suppressing material and vital facts which bear on the merit or
lack of merit of an action or petition, making it appear that a lower court has upheld the
legality of an act when it has not, affirming the merit of his client’s cause when he has in his
possession information or knowledge adverse thereto, failing to inform the court of
developments of the case, attributing to a judge a statement he did not make and altering
the factual findings.
 Forum Shopping
 A willful violation of the non-forum shopping rule constitutes direct contempt of court and
makes the lawyer liable administratively.
 Preferring false charges

 A lawyer who files series of unfounded and groundless charges against a judge violates
Canon 10 which states that a lawyer owes candor, fairness and good faith to the court.
 Introducing false evidence

 A lawyer may be suspended or disbarred for knowingly presenting or introducing false
evidence in any proceeding as his act is a violation of his oath to do no falsehood nor
consent to the doing of any in court.
 Blackmail, Violation of Canon 19

 Blackmail is the extortion of money from a person by threats of accusation or exposure or
opposition in the public prints, obtaining of value from a person as a condition of refraining
from making an accusation against him, or disclosing some secret calculated to operate to
his prejudice.
 Willfully disobeying court orders and disrespect to court

 He may not only be cited and punished for contempt but may also be disciplined as an
officer of the court, so long as the procedural requirements of both proceedings have been
complied with.
 Using vicious or disrespectful language

 The use by a lawyer of vicious, intemperate, abrasive, threatening of disrespectful language
against the judge constitutes direct contempt as well as a violation of the lawyer’s oath and
transgression of the CPR.
 Continuing to practice after suspension

 A lawyer may be disbarred for continuing to practice after his suspension from the practice
of law.
Breach of duties to client

 > A lawyer owes his client the duty of entire devotion to his genuine interest, undivided
allegiance, loyalty, fidelity and absolute integrity.
 Negligence in the performance of duties – the abandonment of the client’s cause makes the
lawyer unworthy of the trust which the client has reposed in him.
 (Ignorance of law of lawyer as ground for discipline)
 Employment of unlawful means – Canon 19 and Rule 19.01 of the Code of Professional
Responsibility ordain that a lawyer shall employ only fair and honest means to attain the
lawful objectives of his client and shall not present, participate in presenting, or threaten to
present unfounded charges to obtain improper advantage in any case or proceeding.
 Deceit or misrepresentation – a lawyer may be suspended or disbarred for deceit or

misrepresentation to the prejudice of or as means to defraud his client.
 Representing adverse interests and revealing client’s secrets – In the absence of written
consent on the part of the clients concerned, a lawyer may not represent conflicting
interests without being disciplined for such misconduct.
 Purchasing client’s property in litigation – the purchase by a lawyer of his client’s property or
interest in litigation during his pendency constitutes malpractice and subjects him to
disciplinary action.
 Failing to account or misappropriating client’s property – the special relation which exists
between an attorney and his client, one which is highly fiduciary in its nature and of a very
delicate, exacting and confidential character, requires that the lawyer promptly account for
the money or property received by him on the clients behalf
 Collecting unreasonable fees – a lawyer may be disciplined for collecting exorbitant fees for
professional services.
Breach of duties to the bar

 Acting without authority – a lawyer can bind his client without special power from the latter
only in matters of procedure.
 Willfully appearing without being retained. – a lawyer may not represent a litigant without
authority from the latter or from the latter’s representative or, in the absence thereof,
without leave of court.
 Unethical conduct – a lawyer may be disciplined for gross violation of the canons of the legal
profession or for unprofessional conduct.
 Defaming fellow lawyers – it is unethical for a lawyer to use improper and objectionable
language against another lawyer or to accuse him wantonly and maliciously of a serious
misconduct in the absence of reasonable cause.
 Communicating with adverse party – Canon 19 of the canons of professional ethics provides
that a lawyer should not in any way communicate upon the subject of controversy with a
party represented by a counsel, much less should he undertake to negotiate or compromise
the matter with him, but should only deal with his counsel.
 Encroaching upon business of another – efforts, direct or indirect, in any way to encroach
upon the professional employment of another lawyer, may render the lawyer disciplinarily
liable for unethical conduct.
 Soliciting business – the solicitation by a lawyer of cases at law for the purpose of gain,
either personally or though paid agents or brokers, constitutes malpractice sufficient to
warrant the lawyer’s reprimand, suspension form the practice of law or removal from office.
 Advertising – a lawyer may be disciplined for advertising his talents as a merchant advertises
his wares. Such act is highly unethical and degrading to the profession.
 Cooperating in illegal practice of law – the Canons of Professional Ethics warn that “no
lawyer shall permit his professional services to prospective clients, or his name, to be used in
aid of, or to make possible, the unauthorized practice of law by any law agency, professional
or corporate.
 Other Grounds for Discipline

 Nonpayment of IBP dues – Membership in the Integrated Bar of the Philippines is a
condition precedent for the practice of law and for maintaining his name in the Roll of
Attorneys.
 Non – professional misconduct – the misconduct outside of the lawyer’s professional

dealings is so gross a character as to show him to be morally unfit for the office and
unworthy of the privilege which his license and the law confer on him.
 Gross immorality - immoral conduct is that conduct which is so willful, flagrant or shameless
as to show indifference to the opinion of good and responsible members of the community.
 Conviction of crime involving moral turpitude – an attorney may be disbarred by reason of

his conviction involving moral turpitude.
 Promoting to violate or violating penal laws – a lawyer may be suspended or disbarred for
promoting an organization designed to violate or evade the law against crime with
knowledge of its object.
 Commission of fraud or falsehood – a lawyer may be suspended or disbarred for committing

fraud, deceit or falsehood in his private dealings.
 Misconduct as notary public – a notary public exercises duties which call for carefulness and
faithfulness. The ratification by a notary public who is a lawyer of illegal and immoral
contract or document constitutes malpractice or gross misconduct in office.
 Other grounds for discipline – the act of not paying a just debt and issuing bouncing check
are grounds for disciplinary complaint.

Rule 138, Revised Rules of The Court: Suspension and Disbarment

Uploaded by

Copyright:

Available Formats

Rule 138, Revised Rules of The Court: Suspension and Disbarment

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Rule 138, Revised Rules of The Court: Suspension and Disbarment

Uploaded by

Copyright:

Available Formats

Rule 138, Revised Rules of the Court

Suspension and Disbarment

 Purpose of Disciplinary Proceedings

 Misleading the court

 Preferring false charges

 Introducing false evidence

 Blackmail, Violation of Canon 19

 Willfully disobeying court orders and disrespect to court

 Using vicious or disrespectful language

 Continuing to practice after suspension

Breach of duties to client

 Deceit or misrepresentation – a lawyer may be suspended or disbarred for deceit or

Breach of duties to the bar

 Other Grounds for Discipline

 Non – professional misconduct – the misconduct outside of the lawyer’s professional

 Conviction of crime involving moral turpitude – an attorney may be disbarred by reason of

 Commission of fraud or falsehood – a lawyer may be suspended or disbarred for committing

You might also like