Member Article

Attorney; forum shopping as contempt of court. A disbarment complaint against Atty. Gonzales was filed for violating the Code of Professional Responsibility for the forum shopping he allegedly committed. The court held that the respondent was guilty of forum shopping. Lawyers should be reminded that their primary duty is to assist the courts in the administration of justice. Any conduct that tends to delay, impede or obstruct the administration of justice contravenes this obligation. The Court has repeatedly warned lawyers against resorting to forum shopping since the practice clogs the Court dockets and can lead to conflicting rulings. Willful and deliberate forum shopping has been made punishable either as direct or indirect contempt of court. In engaging in forum shopping, Atty. Gonzales violated Canon 1 of the Code of Professional Responsibility which directs lawyers to obey the laws of the land and promote respect for the law and legal processes. He also disregarded his duty to assist in the speedy and efficient administration of justice, and the prohibition against unduly delaying a case by misusing court processes. Thus, the court subjected Atty. Gonzales to censure. Anastacio N. Teodoro III vs. Atty. Romeo S. Gonzales. A.C. No. 6760. January 30, 2013

Attorney; neglect. Complainant filed a disbarment complaint against Atty. Gacott who allegedly deceived the complainant and her husband into signing a “preparatory” Deed of Sale that respondent converted into a Deed of Absolute Sale in favor of his relatives.

The respondent is reminded that his duty under Canon 16 is to “hold in trust all moneys and properties of his client that may come into his possession.” Allowing a party to take the original TCTs of properties owned by another – an act that could result in damage – should merit a finding of legal malpractice. While...