Summary: A lawyer failed to file his client’s civil case and refused to return his client’s money despite multiple demands.
FACTS: Felicitas Bondoc, a resident of Canada, was looking for a lawyer in the Philippines to handle her marriage annulment case against her husband. A common friend introduced Atty. Licudine from Baguio City to her. They came to an agreement, however, several months passed but Bondoc did not receive any update regarding the civil case despite paying the legal fees. Due to Licudine’s inaction on the civil case and unwarranted disclosure of her personal information, Bondoc decided to terminate Licudine’s engagement as counsel.
When Bondoc was briefly in the Philippines, she sent a Demand letter to Licudine for a refund of the legal fees she paid. Months later, Licudine still failed to return the money despite several demands. Hence, Bondoc filed this administrative case against the Atty. Licudine.
ISSUE: Whether Atty. Licudine violated his oath as a lawyer and Canons 1, Rule 1.01 and 16.
DECISION: Yes. SUSPENDED FOR 2 YEARS. Atty. Licudine is guilty of violating the Lawyer’s Oath, Canons 1 and 16, and Rules 1.01, 16.01, 16.02, and 16.03 of the Code.
Lawyers should always live up to the ethical standards of the legal profession as embodied in the Code. Public confidence in law and in lawyers may be eroded by the irresponsible and improper conduct of a member of the bar. Thus, every lawyer should act and present himself in a manner that would promote public confidence in the integrity of the legal profession.
Atty. Licudine’s acts of failing to comply with his legal duty to file the civil case and failing to return his client’s money violate the Lawyer’s Oath, which mandates that no lawyer shall delay any man for money or malice. His acts also violated Canon 1 and Rule 1.01 of the Code because he employed devious conduct by manifestly delaying the return of the complainant’s money.
Where a client gives money to his lawyer for a specific purpose, such as: to file an action, to appeal an adverse judgment, to consummate a settlement, or to pay a purchase price for a parcel of land, the lawyer, upon failure to spend the money entrusted to him or her for the purpose, must immediately return the said money entrusted by the client.
Read the full case here.
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