ELS:LegalEthics
CaseDigestsforFinalExams
Twenty191
I. LA!E"#S FID$CIA"! %&LI'ATI%(S (Laarnie Llamas) 1. Angeles )s. $y *r. ++, SC"A - 1/ 0,,,2 Facts: In a letter addres sed to the Office of the Chief Justi ce, Judge Angeles of the RC of Calooc an Cit! charged Att!. "! Jr. #ith $iolation of Canon 1% of the Code of &rofessional Res'onsiilit!. he accused manifested that she had alread! settled in full the ci$il as'ect in the criminal case handled ! res'ondent under the sala of udge com'lainant. Accused further alleg ed that she 'aid &*+,+++.++ directl! to the 'ri$ate com'lainant and the alance of &1%,++.++ #as deli$ered to Att!. "!, Jr., the la#!er of the 'ri$ate com'lainant and conformal! 'roduced in o'en court the recei't for such 'a!ment signed ! no less than the aforesaid la#!er. -o#e$er, 'ri$ate com'lainant manifested that she did not recei$e the amount 'aid to his la#!er, herein res'ondent, there! constraining the court to direct res'ondent to turn o$er the mone! to 'ri$ate com'lainant #hich he recei$ed in trust for the client. Att!. "! ho#e$er argued that his client did not lie to acce't the mone! ut the assertion of the la#!er #as elied ! his o#n client, the herein 'ri$ate com'lainant, #ho manifested in o'en court her #illingness to acce't the mone!. he Court again directed Att!. "! to 'roduce the mone! ut the latter argued that he e't it in his office. Conse/uentl!, the Court sus'ended the 'roceedings to enale Att!. "! to get the mone! from his la# office #hich is located onl! at the second floor of the same uilding #here this court is located. -o#e$er, res'ondent did not sho# u' an!more. Issue: Is the res'ondent guilt! of 'rofessional misconduct0 -eld: 23. he relationshi' et#een a la#!er and a client is highl! fiduciar!4 it re/uires a high degree of fidelit! and good faith. It is designed 5to remo$e all such tem'tation and to 're$ent e$er!thing of that ind from eing done for the 'rotection of the client.5 hus, Canon 1% of the Code of &rofessional Res'onsiilit! 'ro$ides that 5a la#!er shall hold in trust all mone!s and 'ro'erties of his client that ma! come into his 'ossession.5 Furthermore, Rule 1%.+1 of the Code also states that 5a la#!er shall account for all mone! or 'ro'ert! collected or recei$ed for or from the client.5 he Canons of &rofessional 2thics is e$en more e6'licit: 5he la#!er should refrain from an! action #here! for his 'ersonal enefit or gain he auses or taes ad$antage of the confidence re'osed in him ! his client. In the 'resent case, it is clear that res'ondent failed to 'rom'tl! re'ort and account for the &1%,++ he had recei$ed from raano on ehalf of his client. Although the amount had een entrusted to res'ondent, his client re$ealed during the hearing that she had not !et recei$ed it. 7orse, she did not e$en no# #here it #as. he records do not clearl! sho# #hether Att!. "! had in fact a''ro'riated the said amount4 in fact, his client acno#ledged that she had recei$ed it. he! do sho#, ho#e$er, that res'ondent failed to 'rom'tl! re'ort that amount to her. his is clearl! a $iolation of his 'rofessional res'onsiilit!. It is settled that mone! collected ! a la#!er in fa$or of his clients must e immediatel! turned o$er to them and that la#!ers are ound to 'rom'tl! account for mone! or 'ro'ert! recei$ed ! them on ehalf of their clients and failure to do so constitutes 'rofessional misconduct. 8eril!, the /uestion is not necessaril! #hether the rights of the clients ha$e een 'reudiced, ut #hether the la#!er has adhered to the ethical standards of the ar. In this case, res'ondent has not done so. *. (a34il )s. 5al6es 17- SC"A /87 019972 Facts:Jose 9a'il #as interested in a 'iece of 'ro'ert! situated in oran, ;aguio. -e #ent into an agreement #ith Att!. Carlos 8aldes for thelatter to u! the 'ro'ert! in trust for 9a'il. 8aldes did u! the 'ro'ert! ! contracting * loans. he lands< titles #ere transferred to his name.7hen Jose 9a'il died, Imelda 9a'il (his #ife) ac/uired the ser$ices of 8aldes and his accounting and la# firms for the settlement of the estate of Jose 9a'il. 7hat 8aldes did #as to e6clude the 'ro'ert! in ;aguio from thelist of assets of Jose 9a'il (he actuall! transferred the 'ro'ert! to his com'an!, the Ca$al Realt! Cor'oration) #hile including the loans he contracted.7hat Imelda did #as to file a suit for recon$e!ance in the CFI.7hile the case #as 'ending, Imelda also filed an administrati$e com'laintf or disarment against 8aldes. he CFI dismissed the action for recon$e!ance. he CA re$er sed the CFI.he com'laint for recon$e!ance #ent u' to the 3C and #as decided in fa$or of 9a'il. he 3C held that 8aldes onl! held the lots intrust for 9a'il. Issue:7=n Att!. 8aldes should e administrati$el! sanctioned for hisacts, namel!:o 26cluding the 'ro'ert! in ;aguio from the estate of Jose 9a'il4 Including his loans as claims on the estate4 and A''arentl!, re'resenting conflicting interests #hen his accounting firm 're'ared the list of claims of creditors Angel 9a'il and 29OR9 against the estate of Jose 9a'il, #hich #as re'resented ! his la# firm. • •
-eld:he 3C found 8aldes guilt! of misconduct and sus'ends him for 1 !ear.he Court held that the first t#o acts clearl! sho# that 8aldes roe the trus t re'osed on him ! Imelda 9a' il #hen the latt er agreed to use his 'rofessional ser$ices as a la#!er and an accountant. As to the third charge, #e hold res'ondent guilt! of re'resenting conflicting interests #hich is 'roscried ! Canon 1 Rule1.+>. In the case at ar, there is no /uestion that the
ELS:LegalEthics
CaseDigestsforFinalExams
Twenty19
interests of the estate and that of its creditors are ad$erse to each other. Res'ondent?s accounting firm 're'ared the list of assets and liailities of the estate and, at the same time,com'uted the claims of t#o creditors of the estate. here is clearl! a conflict et#een the interests of the estate #hich stands. >. Liwag )s. (eri 1,/ hil. 78 019-,2 Facts: he com'lainants #ere re/uested ! the &inedas to act as counter@indemnitor #ith the anila 3uret! Fidelit! Com'an! in a ond 'osted for the &inedas in fa$or of 9ARIC. 7hen the &inedas failed to li/uidate their oligation, the 9ARIC enforced the ond against the anila 3uret! Fidelit! Com'an! and the latter in turn collected from the com'lainant. -a$ing failed to collect from the &inedas, the com'lainant engaged the ser$ices of the res'ondent #ho agreed to handle the matter on a contingent fee of fort! 'ercent. he res'ondent tried to tal to the &inedas. 7hen no 'a!ment had een made, the res'ondent #rote a letter of demand, threatening to tae udicial action if the &Inedas #ould still not meet their oligation. he com'lainant gi$e the res'ondent the needed filing fee for the com'laint. he res'ondent did not actuall! file an! com'laint, although he informed the com'lainant that he alread! done so. It did not tae long efore the truth #as disco$ered and efore the com'lainant #as 'ro$oed to file an administrati$e case. Issue: 7hether or not Att!. Bilerto 9eri should e disar. -eld: he res'ondent has committed a reach of 'rofessional ethics #hen he made the com'lainant elie$e that the &ineda s'ouses had alread! een sued in court and did not return the amount intended for the filing fee. Considering ho#e$er, that the res'ondent has not !et recei$ed an!thing for his ser$ices and that the com'lainant has suse/uentl! een 'aid, disarment or e$en sus'ension of the res'ondent from the 'ractice of his 'rofession #ould e too harsh and unind. he res'ondent #as re'rimanded for his offense, #ith the #arning that a re'etition of similar misconduct or an! $iolation of his oath #ill e dealt #ith more drasticall!. . Dia )s. ;a4)
[email protected]. 3& 9o. 11%+ M An Action For the Annulment of Decisions And=Or Reformation or 9o$ation of Decisions filed #ith the Court of A''eals4 ()
B.R. 9o. %+ M &etition For Re$ie# On Certiorari filed #ith the 3u'reme Court4
()
[email protected]. 3& 9o. 1++ M A''eal And=Or Re$ie# ;! Certiorari, 2tc. filed also #ith the Court of A''eals4 and,
(%) 3& Ci$il Action 9o. %* M &etition For Certiorari, &rohiition, andamus #ith &reliminar! Issuance of &rohiitor! Order filed #ith the Regional rial Court, ;ranch 1, ;angued, Ara. I33"2: 1. 7hether or not res'ondent resorted to de$ious and underhanded means to dela! the e6ecution of the udgment rendered ! the C ad$erse to his clients. 23 *.
7hether or not res'ondent is guilt! of forum sho''ing. 23
-2LD: "nder Canon 1 of the Code of &rofessional Res'onsiilit!, a la#!er is re/uired to re'resent his client 5#ithin the ounds of the la#.5 he Code enoins a la#!er to em'lo! onl! fair and honest means to attain the la#ful oecti$es of his client (Rule 1.+1) and #arns him not to allo# his client to dictate the 'rocedure in handling the case (Rule 1.+>). In short, a la#!er is not a gun for hire. "nder Canon 1* of the Code of &rofessional Res'onsiilit!, a la#!er is re/uired to e6ert e$er! effort and consider it his dut! to assist in the s'eed! and efficient administration of ustice. A la#!er shall not file multi'le actions arising from the same cause (Rule 1*.+*). A la#!er shall not undul! dela! a case, im'ede the e6ecution of a udgment or misuse court 'rocesses (Rule 1*.+) he rights of res'ondent?s client in Ci$il Case 9o. of the C #ere full! 'rotected and her defenses #ere 'ro'erl! $entilated #hen he filed the a''eal from the C to the RC. ;ut res'ondent thereafter resorted to de$ious and underhanded means to dela! the e6ecution of the udgment rendered ! the C ad$erse to his client. he said decision ecame e6ecutor! e$en 'ending its a''eal #ith the RC ecause of the failure of Co to file a su'ersedeas ond and to 'a! the monthl! rentals as the! fell due. Furthermore, his 'etition for annulment of the decisions of the C and RC #hich he filed #ith the CA (
[email protected]. 9o. 11%+) #as defecti$e and dilator!. According to the CA, there #as no allegation therein that the courts had no urisdiction, that his client #as denied due 'rocess, or 5that the udgments in the former cases #ere secured through fraud.5 Judging from the numer of actions filed ! res'ondent to forestall the e6ecution of the same udgment, res'ondent is also guilt! of forum sho''ing. he Court e6'lained that forum sho''ing e6ists #hen, ! reason of an ad$erse decision in one forum, defendant $entures to another for a more fa$orale resolution of his case ;! ha$ing #ilfull! and no#ingl! aused his rights of recourse in his efforts to get a fa$orale udgment, #hich efforts #ere all reuffed, res'ondent $iolated the dut! of a memer of the ;ar to institute actions onl! #hich are ust and 'ut u' such defenses as he 'ercei$es to e trul! contestale under the la#s 7-2R2FOR2, res'ondent is 3"3&29D2D for one !ear. . Choa )s. Chiongson(A.. 9o. J@@1+%>. Feruar! , 1%) FAC3: A com'laint #as filed against Alfonso Choa for maing untruthful statements or falsehoods in his &etition for 9aturaliEation. he case #as doceted as Criminal Case 9o. +>** and #as assigned to unici'al rial Court in Cities (CC) of ;acolod Cit! ;ranch III 'resided ! the res'ondent Judge Roerto Chiongson. On Feruar! *1, 1, res'ondent Judge found the com'lainant guilt! of the crime of 'erur!. Later on, Att!. Ra!mundo A. KuiroE as counsel for the com'lainant and $erified ! the latter, charged Judge Chiongson #ith gra$e misconduct, gross ias and 'artialit!, and ha$ing no#ingl! rendered an unust udgment ased on ne6t@door@neighor relationshi' et#een Choa?s #ife the 'ri$ate com'lainant in the 'erur! case and res'ondent udge. Also, a''eal on the criminal case #as filed together #ith the administrati$e com'laint. Issue: 7hether or not Att!. KuiroE assisted in filing a groundless, unfounded, or false suit against res'ondent udge. -eld: 23.La#!ers must al#a!s remind himself of the oath he too u'on admission to the ;ar that he #ill not #ittingl! or
ELS:LegalEthics
CaseDigestsforFinalExams
Twenty197
#illingl! 'romote or sue an! groundless, false or unla#ful suit nor gi$e aid nor consent to the sameP4 9eedless to state, the la#!er, 'etitioner CF37" otained from the Court of Industrial Relations the third alias #rit of e6ecution for the satisfaction and enforcement of the udgment in its fa$or. hereafter, #rit #as ser$ed Januar! 1 and 1, 1>, le$!ing on the 'ersonal 'ro'erties of the Cosmos Foundr! 3ho' or the 9e# Centur! Foundr! 3ho' for the 'ur'ose of conducting the 'ulic auction sale. Res'ondent Lo ;u filed an urgent motion to recall #rit of e6ecution, asserting lac of urisdiction of the Court of Industrial Relations (CIR). he CIR, in its order dated Fe *>, 1>, denied his motion. 3o lie#ise #as the motion for reconsideration. Lo ;u a''ealed ! certiorari ut the Court denied this 'etition in its resolution dated Jul! 1, 1>. In the mean#hile, there #as a re'le$in suit ! Lo ;u in the Court of First Instance (CFI) anila co$ering the same 'ro'erties. "'on recei't of order from the Court den!ing certiorari, 'etitioner Laor "nion filed a second motion to dismiss com'laint. After the com'laint #as dismissed ! the lo#er court, decision #as ele$ated to the Court of A''eals. Att!. ;usmente, counsel for res'ondent Lo ;u, did s'ecificall! maintain: 5...in order to $indicate his rights o$er the le$ied 'ro'erties, in an e6'editious or less e6'ensi$e manner, herein a''ellant $oluntaril! sumitted himself, as a forced inter$enor, to the urisdiction of res'ondent CIR, ! filing an urgent ?otion to Recall 7rit of 26ecution,? 'recisel! /uestioning the urisdiction of said Court to 'ass u'on the $alidit! and legalit! of the sale of the ?9e# Centur! Foundr! 3ho'? to him, #ithout the latter eing made a 'art! to the case, as #ell as the urisdiction of said Court to enforce the Decision rendered against the res'ondents in the "L& Case ! means of an alias #rit of e6ecution against his 'ro'erties found at the ?9e# Centur! Foundr! 3ho'. Issues: (1) 7hether or not counsel Att! ;usmente 'erformed his oligation as an officer of the court #hile sustaining the dignit! of the 'rofession #hile acting as counsel for Lo ;u. -eld: A legal counsel is e6'ected to defend a client*. he first motion #as filed to 'rotect his clients? 'ossessor! rights o$er the 'ro'ert! in dis'ute #hile the second motion #as made to 'rocure e6ecution of the decision in Ci$il Case 9o. >*. Issue: 7O9 the acts of att!. Lim #ere correct. -eld: es. A la#!er o#es fidelit! to the cause of his client and must e mindful of the trust and confidence re'osed in him. -e shall ser$e his client #ith com'etence and diligence, and his dut! of entire de$otion to his client?s cause not onl! re/uires, ut entitles him to em'lo! e$er! honorale means to secure for the client #hat is ustl! due him or to 'resent e$er! defense 'ro$ided ! la# to enale the latter?s cause to succeed. An attorne!?s dut! to safeguard the client?s interests commences from his retainer until the effecti$e release from the case 1% or the final dis'osition of the #hole suect matter of the litigation. During that 'eriod, he is e6'ected to tae such reasonale ste's and such ordinar! care as his client?s interests ma! re/uire. his is 'recisel! #hat Att!. Lim #as doing #hen he filed the motions com'lained of. -e should e commended, not condemned, for diligentl! and com'etentl! 'erforming his duties as an attorne!4 ACCORDI9BL, the administrati$e charges against retired Judge Fernando Alcantara and Att!. Joselito Lim are DI3I332D for lac of merit. .) *. . *$A( S%(S I(C. 5S. LIA('A I(D$ST"IES I(C. ;acground: his is a sim'le collection case that unnecessaril! reached the 3u'reme Court &AL2 related 'hrase=s: URules of Court #ere de$ised to limit the issues and a$oid unnecessar! dela!s and sur'rises. -ence mandator! (are the) 'ro$isions of the Re$ised Rules of Court for a 're@trial conferenceP he Rules further re/uire that 5e$er! 'leading shall e signed ! at least one attorne! of record Uthat signature constitutes a certificate ! him that he read the 'leading and to the est of his no#ledge there is good ground to su''ort it4 it is not inter'osed for dela!5 #ith the e6'ress admonition for a #illful $iolation of this rule, an attorne! ma! e suected to disci'linar! action. he coo'eration of litigants and their attorne!s is needed so that the salutar! oecti$es of these Rules ma! e attained.P oo+oo
ELS:LegalEthics
CaseDigestsforFinalExams
Twenty191,
Facts: &laintiff sought reco$er! from defendant of the sum of &++ re'resenting the un'aid alance of office e/ui'ment and also for the 'a!ment of legal interests and costs for attorne!?s fees. Judgment #as rendered in fa$or of 'laintiff and defendant a''ealed the same to the Court of First Instance of anila. Defendant filed its Ans#er #here it denied s'ecificall! all the allegations of 'aragra'hs of the com'laint, #hich are the material allegations referring to its 'urchase of the office e/ui'ment, its 'artial 'a!ment and refusal and failure to 'a! the un'aid alance des'ite re'eated demands. Defendant did not den! under oath the authenticit! of the 'urchase order anne6ed to the com'laint. he lo#er Court rendered its decision granting 'laintiff?s motion for udgment on the 'leadings. "'holding the 'laintiff?s 'osition that 5#hen defendant?s ans#er denies the allegations ecause the defendant ?has no no#ledge or information sufficient to form a elief? and ?s'ecificall! denies? other allegations, denials are in fact mere general denials amounting to admissions. Defendant filed its notice of a''eal asing that its a''eal e ele$ated to the Court of A''eals, resulting in further dela! in the resolution of this sim'le collection case, 9o facts are dis'uted in this a''eal defendant@a''ellant sim'l! insists that it had tendered issues of fact and the Court erroneousl! rendered udgment on the 'leadings. he /uestions 'resented are issues onl! of la#. Conse/uentl!, the 'o#er of a''ellate re$ie# in this instance elongs to the 3u'reme Court. Issue: 7hether the a''eal should e dismissed0 Issue related to &AL2: he dut! of a litigant and his attorne! in a$oiding the needless clogging of court docets. Ruled 7e find defendant?s a''eal to e fri$olous. 9o error #as committed ! the Court elo# in ruling that 5s'ecific denials5 are in la# general denials amounting to admissions of the material allegations ased on the 'ro$isions of Rule , section 1+ and Rule , section 1 in relation to Rule 1, section 1 and Rule *+, section > of the Re$ised Rules of Court. he 3u'reme Court has stressed that An une6'lained denial of information and elief of a matter of records, the means of information concerning #hich are #ithin the control of the 'leader, or are readil! accessile to him, is e$asi$e and is insufficient to constitute an effecti$e denial.P Defendant@a''ellant has no cause to com'lain of the udgment a''ealed from. Its claim that it tendered an issue #ith affirmati$e defense of ha$ing no oligation to 'a! #as a mere conclusion not 'remised on an allegation of material facts. Failure to den! under oath the authenticit! of the 'urchase order anne6ed re/uired ! Rule , section of the Re$ised Rules of Court #as 'ro'erl! deemed an admission of the genuineness and due e6ecution thereof. Cases such as this contriute to the needless clogging of the court docets. he Rules of Court #ere de$ised to limit the issues and a$oid unnecessar! dela!s and sur'rises. -ence, the mandator! 'ro$isions of Rule *+ of the Re$ised Rules of Court for a 're@trial conference for the sim'lification of the issues and the consideration of all matters #hich ma! aid in the 'rom't dis'osition of an action. he Rules further re/uire in Rule section that 5e$er! 'leading of a 'art! re'resented ! an attorne! shall e signed ! at least one attorne! of record in his indi$idual name5 and that 5the signature of an attorne! constitutes a certificate ! him that he has read the 'leading and that to the est of his no#ledge, information and elief, there is good ground to su''ort it4 and that it is not inter'osed for dela!5 #ith the e6'ress admonition that 5for a #illful $iolation of this rule, an attorne! ma! e suected to disci'linar! action.5 he coo'eration of litigants and their attorne!s is needed so that the salutar! oecti$es of these Rules ma! e attained. . *$A( A%" com4lainant )s. ATT%"(E! E$STAB$I% &ELT"A( res4on6ent. FAC3: 2usta/uio ;eltran, a memer of the &hili''ine ar, #as accused of taing or causing to e detached from the rollo of 3'ecial 9o. %% of the Court of court First Instance of Camarines AEor as &roceedings e6ecutor, as #ell as the order of the terminating the same4 of3ur, the financial re'ort of com'lainant Juan thereafter filing a motion to re/uire com'lainant to render an accounting and to deli$er the 'ro'ert! left in the #ill to the eneficiaries4 and of ha$ing instructed his client Lorelie ;ornales and the latter?s mother, Aniana 3adol@2scria to enter forcil! a 'arcel of land forming a 'art of the estate #hen he ne# of its ha$ing een 're$iousl! sold, thus
ELS:LegalEthics
CaseDigestsforFinalExams
Twenty1911
necessitating a com'laint for forcile entr!. I33"2: 7hether or not ;eltran is guilt! of mal'ractice and gross misconduct ased on the alleged acts. -2LD: 9o. he court ado'ts the re'ort and recommendation of the 3olicitor Beneral #hich states that: 5he records are entirel! ereft of an! direct, 'ositi$e and com'etent e$idence to su''ort the charge that res'ondent detached and remo$ed official records from the Office of the Cler of Court of Camarines 3ur, 'articularl! the financial re'ort in, and the order of closure of, 3'ecial &roceeding 9o. %%. If at all, com'lainant a''ears to ha$e merel! assumed that ecause, #hen he #as allegedl! sho#n ! the cler of court the records of said case, the same 'ur'ortedl! contained at the time onl! the 'roated #ill and res'ondent?s motion for an accounting therein then res'ondent must ha$e s'irited a#a! the financial re'ort filed therein ! com'lainant and the order of the court for the closure of said 'roceedings. On the other hand, res'ondent did not onl! $igorousl! den! the im'utation that he too said records from the e6'ediente of the case, ut he also sumitted in e$idence a certification of the ranch cler of the Court of First Instance of Camarines 3ur attesting to the fact that the records of the aforecited 'roate 'roceedings, including the allegedl! missing financial re'ort and order, are all intact and unaltered. 9eedless to state, mere assum'tions cannot e the asis of an! finding against an! memer of the ar #ho, as an official of the court, is 'resumed to act #ith the utmost decorum and good faith in all his dealings.5 As to the accusation that res'ondent still filed a motion for accounting on Jul! , 11 des'ite his 're$ious no#ledge that the com'lainant as e6ecutor had alread! filed his financial re'ort and that in fact the 'roate 'roceedings had een closed and terminated, the re'ort characteriEed it as 5unfounded and aseless. Res'ondent e6'lained that #hen he e6amined the records of said case on Jul! , 11, he found on the last 'age thereof the financial re'ort of com'lainant of a! 11, 1, together #ith the latter?s motion for the consideration and a''ro$al thereof, ut that as said motion a''eared not to ha$e een resol$ed ! the court, he then got the im'ression that the 'roate 'roceedings had not !et een finall! terminated. hat such e6'lanation is reasonale and elie$ale is sho#n ! the fact that e$en the 'roate court found com'lainant?s financial re'ort on the last 'age of the record of the case still unacted u'on, #hich situation lie#ise led it to elie$e that the case had not !et een terminated. Of course, had res'ondent made a more diligent and e6hausti$e e6amination of the records of said 'roate 'roceedings, he #ould ha$e found some#here therein com'lainant?s financial re'ort of Jul! , 1 and the court?s order of closure of Januar! , 1, and he #ould not ha$e filed his motion for accounting in /uestion. ;e this as it ma!, ho#e$er, #e fail to discern in res'ondent?s filing of his aforesaid motion for accounting an! delierate attem't or intention on his 'art to mislead the 'roate court in said case, or to cause com'lainant discredit or 'ut him in disre'ute so as to ustif! disci'linar! action against him in this case. here #as no ustification either for the allegation that res'ondent induced his clients, Lorelie ;ornales and the latter?s mother Aniana 3adol@2scria, to enter forcil! one of the 'arcels of land suect of 3'ecial &roceeding 9o. %%. hus, res'ondent should he asol$ed of the charges hurled against him. Com'lainant ought to ha$e dis'la!ed a greater sense of res'onsiilit!. -e should ha$e refrained from im'osing on this Court or the Office of the 3olicitor Beneral a needless urden and incon$enience. A''arentl! #hat moti$ated him in filing his com'laint #as the Eeal #ith #hich res'ondent fought for the interests of his client. Com'lainant should e a#are that this Court does not loo #ith fa$or u'on accusations arising from dissatisfaction and resentment at the mode in #hich a la#!er diligentl! and tenaciousl! 'rosecutes matters entrusted to him. Instead of eing condemned under the circumstances, he should e commended. Fairness to oth com'lainant and res'ondent com'els the oser$ation that the latter, as a memer of the ar, is called u'on to e much more careful and meticulous in e6amining the records of a case and noting e$er! 'leading, e$en if as has ha''ened in not a fe# cases, the 'a'ers are not e't in as orderl! a manner as is oth 'ro'er and desirale. .) ALF%(S% 5ISITACI%( )s. 5ICT%" A(IT s
