Case Digest: Presiding Judge Jose L. Madrid, Regional Trial Court, Branch 51, Sorsogon City, Complainant, v. Atty. Juan S. Dealca, Respondent | A.C. No. 7474, 9 September 2014

Presiding Judge Jose L. Madrid, Regional Trial Court, Branch 51, Sorsogon City, Complainant, v. Atty. Juan S. Dealca, Respondent
A.C. No. 7474, 9 September 2014

Facts:
    The complainant hired the services of Atty. Juan S. Dealca as his counsel in collaboration with Atty. Ronando L. Gerona in a pending case docketed at the Court of Appeals wherein the complainant was the plaintiff-appellant.

    The parties agreed upon PhP 15,000.00 as attorney’s fees with the following breakdown: 50% payable upon acceptance of the case; and the remaining balance upon termination of the case. Complainant paid the respondent PhP 7,500.00.

    Prior to preparing the appellant’s brief, respondent demanded payment of PhP 4,000.00. The complainant obliged though it was contrary to the original agreement.

    Before filing the appellant's brief, respondent demanded payment of the balance amounting to PhP 3,500.00. When complainant was unable to do so, respondent withdraw his appearance as complaint’s counsel without informing the complainant.

    Thus, the complainant charged the respondent with misconduct and praying the respondent be “sternly dealt with administratively.”

Issue:
    Whether respondent committed misconduct and violated the provisions of the Code of Professional Responsibility (CPR).

Held:
    The Supreme Court find the respondent violated Canon 22 of the CPR for withdrawing from the complainant’s case without a good cause. Respondent also violated Rule 20.4, Canon 20 of the CPR for demanding full payment before submission of the complainant-appellant’s brief even though they have an agreement that final payment will be given upon termination of the case.

    The Supreme Court reprimanded the respondent.

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