Wednesday, October 23, 2013

Disbarred for gross misconduct

Case law instructs that if a person, in respect to business affairs or troubles of any kind, consults a lawyer with a view to obtaining professional advice or assistance, and the attorney voluntarily permits or acquiesces with the consultation, then the professional employment is established. The fact that a client transacted with counsel, the latter belated and unilateral classification of her acts as being limited to those of a real estate broker cannot be upheld. Respondent publicly held herself as a lawyer and the mere fact that she also donned the hat of a real estate broker did not divest her of the responsibilities attendant to the legal profession. The legal profession demands of attorneys an absolute abdication of every personal advantage conflicting in any way, directly or indirectly, with the interests of their clients. In the instant case, instead of delivering the deed of sale covering the subject property of her clients, she willfully notarized a deed of sale over the same property in favor of another person. This act of counsel constitute gross misconduct which warrant disbarment (A.C. No.4945, October 8, 2013).