REM 14

• The long-standing rule in our jurisdiction restricts government agencies and instrumentalities in hiring private lawyers to render legal services for them and handle their cases
• The regulation was primarily aimed to curtail unnecessary expenditures of public funds on legal services of private lawyers since the law has already designated the OSG to discharge such functions
• Exceptional situations


  Situations which unavoidably call for the services of private lawyers
• Indispensable conditions for a government agency or instrumentality to hire a private lawyer

  • The hiring must be justified by an exceptional circumstance
  • The written conformity and acquiescence of the OSG must be secured
  • The written concurrence of the COA must also be obtained
• COA Circular No. 2021-003 dated July 16, 2021, further amended COA Circular No. 86-255 by exempting national government agencies and instrumentalities from the requirement of the COA's prior written concurrence subject to specific conditions, the existence of which is to be determined by the COA
• The written conformity and acquiescence of the OSG remains to be an indispensable requirement under the new guidelines for purposes of validating the necessity of procuring services of a private lawyer before actually engaging one
• The prohibition under COA Circular No. 86-255, as amended, does not only cover the engagement of private lawyers on retainer fees for actual case litigations
• The amended guidelines in the hiring of private lawyers made no qualification as to what legal service the lawyer is to perform, nor was there any specification as to how his or her services were to be paid
• The rules clearly prohibit government agencies and instrumentalities "to hire the services of private lawyers for a fee, chargeable against public funds, unless exceptional or extraordinary circumstances obtain"
• Lawyer's negligence


  Subjects him to disciplinary action
• Lawyer-client relationship


  Fiduciary in nature or imbued with utmost trust and confidence
• Lawyer's duty of competence and diligence

  Includes not merely reviewing the cases entrusted to the counsel's care or giving sound legal advice, but also consists of properly representing the client before any court or tribunal, attending scheduled hearings or conferences, preparing and filing the required pleadings, prosecuting the handled cases with reasonable dispatch, and urging their termination without waiting for the client or the court to prod him or her to do so
• Atty. Perez failed to exercise the required diligence in handling his client's case
• Lawyer's misconduct


  Aggravated by his unjustified refusal to heed the order of the Integrated Bar of the Philippines (IBP)
• Practice of law


  A profession, a form of public trust, the performance of which is entrusted to those who are qualified and who possess good moral character
• Lawyer's duty


  To maintain, at all times, a high standard of legal proficiency, and to devote their full attention, skill and competence to their cases, regardless of their importance, and whether they accept them for a fee, or for free
• Atty. Capela entered his appearance as Napoleon's counsel, moved for extension of time, and filed an answer
• A written contract or retainer agreement, is not an essential element in the employment of an attorney; a contract may be express or implied
• To establish a lawyer-client relationship, it is sufficient that the advice and assistance of an attorney is sought and received in any matter pertinent to his profession
• It is not necessary that any retainer should have been paid, promised, or charged for, to constitute professional employment
• Lawyer's neglect of a legal matter entrusted to him

  Constitutes inexcusable negligence for which he must be held administratively liable
• Atty. Capela failed to attend, despite notice, the four scheduled hearings on February 12, March 26, May 7, and August 6, 2014
• Atty. Capela was unjustifiably remiss in his duty as legal counsel to Napoleon
• Disciplinary proceedings against lawyers

  Sui generis, neither purely civil nor purely criminal, not intended to inflict punishment, but an investigation by the Court into the conduct of one of its officers, with the end in view of preserving the purity of the legal profession and the proper and honest administration of justice by purging the profession of members who, by their misconduct, have proved themselves no longer worthy to be entrusted with the duties and responsibilities pertaining to the office of an attorney
• Lawyer-client relationship


  One of trust and confidence of the highest degree, necessary and in the public interest to encourage the client to entrust his case to his lawyer
• Proscription against representation of conflicting interests

  Applies to situations where opposing parties are represented by the same lawyer in the same, or an unrelated action, even if a lawyer would not be called upon to contend for one client, or that there would be no occasion to use the confidential information acquired from one client to the other's disadvantage
• Atty. Tecson failed to file his clients' position paper and appeal memorandum in the ejectment case
• Atty. Tecson's claim that he had personal problems and a heavy workload is a lame excuse that cannot justify his infractions
• Atty. Ferrer represented Salvacion in a criminal case and that he received funds for her in the total amount of P375,000.00, but remitted only P80,000.00 and unjustifiably refused to return the balance of P295,000.00, despite repeated demands
• Atty. Ferrer breached Salvacion's trust when he failed to render an account of her funds upon demand
• Lawyer


  Trustee of all client's funds and properties which may come into his possession
• Failure to render an accounting upon demand deserves administrative sanctions
• A lawyer shall account for all money or property collected or received for or from the client
• The duty to render an accounting is absolute
• Failure to render an accounting upon demand amounts to misappropriation which is a ground for disciplinary action not to mention the possible criminal prosecution
• Atty. Ferrer represented Salvacion in a criminal case and received funds for her in the total amount of P375,000.00, but remitted only P80,000.00 and unjustifiably refused to return the balance of P295,000.00, despite repeated demands
• Purpose of disciplinary proceedings against lawyers

  To protect the administration of justice by requiring that those who exercise this important function shall be competent, honorable, and reliable men in whom courts and clients may repose confidence
• The penalty against an erring lawyer should neither be arbitrary or despotic, nor motivated by personal animosity or prejudice, but rather controlled by the imperative need to scrupulously guard the purity and independence of the bar
• Lawyers, as trustees of their clients' funds and properties, must render a prompt and proper accounting
• Relationship between a lawyer and his client

  Highly fiduciary, prescribing on a lawyer a great fidelity and good faith