Case Digest: Elisa Venterez, Genero de Vera, Inocencia V. Ramirez, Pacita V. Mills, Antonina V. Palma and Ramon De Vera, Complainants, v. Atty. Rodrigo R. Cosme , Respondent | A.C. No. 7421, 10 October 2007
Elisa Venterez, Genero de Vera, Inocencia V. Ramirez, Pacita V.
Mills, Antonina V. Palma and Ramon De Vera, Complainants, v. Atty.
Rodrigo R. Cosme , Respondent
A.C. No. 7421, 10
October 2007
Facts:
Venterez and
friends hired Atty. Cosme as counsel for a land title dispute. The
court ruled against the complainants. They wanted to file a motion of
reconsideration but Atty. Cosme failed or refused to do so. Because
of this, the complainants were constrained to contact another lawyer
to prepare the motion for reconsideration.
Atty. Cosme claims
that the son of one of the complainants informed him that the
complainants were withdrawing the case from him because he (the son)
engaged another lawyer to take over the case. Atty. Cosme further
explained that he even turned over the records of the case to the
son, ceased to be counsel of the complainants.
Issue:
Whether or not the
respondent violated the Code of the Professional Responsibility
(CPR).
Held:
The Supreme Court
find the respondent guilty of violating Rule 22.01, Canon 22 of the
CPR for abandoning the complainant’s case without a good cause. An
attorney may only retire from the case either by a written consent of
his client or by permission of the court after due notice and
hearing, in which event, the attorney should see to it that the name
of the new attorney is recorded in the case.
For failing to
protect the interests of the complainants, the respondent violated
Rule 18.03, Canon 18 of the CPR.
The Supreme Court
suspended the respondent from the practice of law for a period of
three months.
UplortremZcoa-ra Carol Kirby https://wakelet.com/wake/oWzmEHKVhWB-qzwuPUntu
ReplyDeletetoduconsa