In the case of MARIA EARL BEVERLY C. CENIZA vs. ATTY. VIVIAN G. RUBIA, A.C. No. 6166, October 2, 2009, the Philippine Supreme Court suspended the respondent Atty. Vivian G. Rubia for six months for violation of Rule 18.03 and Canon 22 of the Code of Professional Responsibility, with a warning that similar infractions in the future will be dealt with more severely. May I digest the doctrinal pronouncements of the Court for the information of the legal researchers visiting this blog, thus:
X x x.
We find nothing illegal or reprehensible in respondent’s act of charging an acceptance fee of P32,000.00, which amount appears to be reasonable under the circumstances. The impropriety lies in the fact that she suggested that complainant borrow money from Domingo Natavio for the payment thereof. This act impresses upon the Court that respondent would do nothing to the cause of complainant’s mother-in-law unless payment of the acceptance fee is made. Her duty to render legal services to her client with competence and diligence should not depend on the payment of acceptance fee, which was in this case promised to be paid upon the arrival of complainant’s mother-in-law in June 2002, or barely a month after respondent accepted the case.
Respondent’s transgression is compounded further when she severed the lawyer-client relationship due to overwhelming workload demanded by her new employer Nakayama Group of Companies, which constrained her to return the money received as well as the records of the case, thereby leaving her client with no representation. Standing alone, heavy workload is not sufficient reason for the withdrawal of her services.
Moreover, respondent failed to maintain an open line of communication with her client regarding the status of their complaint.
Clearly, respondent violated the Lawyer’s Oath which imposes upon every member of the bar the duty to delay no man for money or malice, Rules 18.03 and 18.04 of Canon 18, and Canon 22 of the Code of Professional Responsibility, thus:
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE.
x x x x
Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him and his negligence in connection therewith shall render him liable.
Rule 18.04 - A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable time to the client’s request for information.
CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES.
When a lawyer accepts to handle a case, whether for a fee or gratis et amore, he undertakes to give his utmost attention, skill and competence to it, regardless of its significance. Thus, his client, whether rich or poor, has the right to expect that he will discharge his duties diligently and exert his best efforts, learning and ability to prosecute or defend his (client’s) cause with reasonable dispatch. Failure to fulfill his duties will subject him to grave administrative liability as a member of the Bar. For the overriding need to maintain the faith and confidence of the people in the legal profession demands that an erring lawyer should be sanctioned.
