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In Re Terrell

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Topic: Acting as Counsel for an Association Created for the Purpose

of Evading the Law


Title: IN THE MATTER OF THE SUSPENSION OF HOWARD D. TERRELL
FROM THE PRACTICE OF LAW
Reference: G.R. No. 1203 May 15, 1903
FACTS

An action for the suspension of attorney-at-law Howard Terrell from the


practice of law was filed in the CFI of Manila for allegedly assisting in the
organization of Centro Bellas Artes and acting as attorney for such
association with full knowledge that it was created for the purpose of
evading the law then in force in said city. The CFI of Manila held that the
charges against Terrell were true and made an order suspending him from his
office as a lawyer in the Philippine Islands. Aside from the action for his
suspension from the practice of law, Terrell was also charged with estafa in a
separate criminal action but was eventually acquitted.

ISSUES

Whether or not Terrell should be suspended from the practice of law?

RULINGS

Yes, he should be suspended.

The promotion of an organization for the purpose of violating or evading


the penal laws amounts to such malpractice on the part of an attorney at law
as will justify removal or suspension.

Assisting a client in a scheme which the attorney knows to be dishonest


or conniving at a violation of law are acts which are enough to justify
disbarment. However, Terrells acquittal on the charge of estafa serves to
lower his sanction to suspension from the practice of law in the Philippine
Islands for the term of one year from February 7, 1903.

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