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Dolores Parinas hired lawyer Oscar Paguinto to handle her annulment case and paid him a partial fee. Paguinto told Parinas he had filed the case with the court, but he had not actually done so. Parinas filed a disbarment case against Paguinto. The court held Paguinto liable under Canon 18, finding that lawyers have a duty to give adequate attention, care, and time to their cases. They must only take on as many cases as they can efficiently handle to avoid harming their clients' interests.
Исходное описание:
case
Оригинальное название
Parinas vs. Atty. Paguinto, A.C. No. 6297 , 13 July 2004
Dolores Parinas hired lawyer Oscar Paguinto to handle her annulment case and paid him a partial fee. Paguinto told Parinas he had filed the case with the court, but he had not actually done so. Parinas filed a disbarment case against Paguinto. The court held Paguinto liable under Canon 18, finding that lawyers have a duty to give adequate attention, care, and time to their cases. They must only take on as many cases as they can efficiently handle to avoid harming their clients' interests.
Dolores Parinas hired lawyer Oscar Paguinto to handle her annulment case and paid him a partial fee. Paguinto told Parinas he had filed the case with the court, but he had not actually done so. Parinas filed a disbarment case against Paguinto. The court held Paguinto liable under Canon 18, finding that lawyers have a duty to give adequate attention, care, and time to their cases. They must only take on as many cases as they can efficiently handle to avoid harming their clients' interests.
DOLORES D. PARIAS, COMPLAINANT, VS. ATTY. OSCAR P. PAGUINTO, RESPONDENT.
Facts: Complianant Parinias seek the service of Respondent
lawyer for her annulment, and Atty. Paguinto agree to take the case. Complianant pay the partial payment of respondent attorneys fee. Complianant also ask if he started yo file the annulment case in the court, and respondent says that he already filed the case in court, however he did not. So Complianant filed an disbarment case agains him. And respondent defense that he was buzy because he was attending a criminal case in other place.
Issue: Won ATTY. OSCAR P. PAGUINTO is liable under Canon 18?
Held:
A lawyer should give adequate attention, care and time to
his case. Once he agrees to handle a case, he should undertake the task with dedication and care. If he fails in this duty, he is not true to his oath as a lawyer. Hence, a lawyer must accept only as much cases as he can efficiently handle, otherwise his clients interests will suffer.[9] It is not enough that a lawyer possesses the qualification to handle the legal matter. He must also give adequate attention to his legal work. The lawyer owes it to his client to exercise his utmost learning and ability in handling his cases. A license to practice law is a guarantee by the courts to the public that the licensee possesses sufficient skill, knowledge and diligence to manage their cases.[10] The legal profession demands from a lawyer the vigilance and attention expected of a good father of a family.