Friday, August 2, 2013

Gross negligence by lawyers -

see -

"x x x.

As regards the appropriate penalty, several cases show that lawyers who have been held liable for gross negligence for infractions similar to those of the respondent were suspended for a period of six (6) months. In Aranda v. Elayda,32 a lawyer who failed to appear at the scheduled hearing despite due notice which resulted in the submission of the case for decision was found guilty of gross negligence and hence, suspended for six (6) months. In Heirs of Tiburcio F. Ballesteros, Sr. v. Apiag,33 a lawyer who did not file a pre-trial brief and was absent during the pre-trial conference was likewise suspended for six (6) months. In Abiero v. Juanino,34 a lawyer who neglected a legal matter entrusted to him by his client in breach of Canons 17 and 18 of the Code was also suspended for six (6) months. Thus, consistent with existing jurisprudence, the Court finds it proper to impose
the same penalty against respondent and accordingly suspends him for a
period of six (6) months.

x x x.?