Lawyer Suspended for Negligence and Conflict of Interest in Client Matter

The Supreme Court recently reminded lawyers that the practice of law is a profession, not a business, when it disciplined an attorney for neglecting a client's case for five years and for appearing against that same client in another proceeding. The case of Brunet v. Guaren (A.C. No. 10164, March 10, 2014) underscores the duties of competence, diligence, and fidelity that every lawyer owes to clients — and the consequences for failing to uphold them.

The Facts

In February 1997, spouses Stephan and Virginia Brunet hired Atty. Ronald L. Guaren to handle the titling of a residential lot they had acquired. The agreed fee was P10,000.00, payable upon delivery of the title. The complainants gave an advance payment of P1,000.00, and later, in March 1997, an additional P6,000.00 — a total of P7,000.00.

From 1997 to 2001, the Brunets repeatedly asked about the progress of the titling. Each time, Atty. Guaren assured them that the case was ongoing. After five years of no progress, the complainants demanded the return of their money. Atty. Guaren agreed, but only on condition that P5,000.00 be deducted as his professional fees.

The complainants also alleged that Atty. Guaren made a special appearance against them in a case before the Metropolitan Circuit Trial Court in Oslob, Cebu — despite the existing attorney-client relationship. Atty. Guaren admitted the appearance but claimed it was made on behalf of the counsel on record, who had failed to attend the hearing.

The Issue

The central question was whether Atty. Guaren violated the Code of Professional Responsibility by neglecting the client's case and by appearing against his own clients without their written consent.

The Ruling

The Supreme Court found Atty. Guaren guilty of violating Canons 17 and 18 of the Code of Professional Responsibility.

Canon 17 requires a lawyer to owe fidelity to the cause of the client and to be mindful of the trust and confidence reposed in him. Canon 18 requires a lawyer to serve the client with competence and diligence.

The Court noted that Atty. Guaren admitted receiving P7,000.00 as partial payment of his acceptance fee but failed to file the case for the titling of the lot despite the lapse of five years. This, the Court held, was a clear breach of his duty to serve his client with competence and diligence.

The Court also rejected Atty. Guaren's explanation for appearing against his clients. A lawyer cannot represent a party adverse to a former or existing client without the client's written consent. His excuse — that he appeared for another lawyer who failed to show up — did not excuse the conflict.

The Court adopted the findings of the Integrated Bar of the Philippines but increased the penalty from three months to six months of suspension from the practice of law, with a warning that a similar infraction would be dealt with more severely.

Why This Matters

The Court took the opportunity to reiterate a fundamental principle: the practice of law is not a business. It is a profession in which duty to public service — not money — is the primary consideration. Lawyering is not meant to be a money-making venture, and a lawyer's personal interests must be subordinate to the duty to the client and to the administration of justice.

Practical Takeaways

• Lawyers must act with diligence. Accepting a case carries the obligation to pursue it. Allowing a matter to languish for years without action is professional misconduct.
• Conflicts of interest are serious. A lawyer cannot appear against a client — current or former — without the client's written consent, regardless of the circumstances.
• Fees do not excuse neglect. The fact that a lawyer received only partial payment does not justify abandoning the client's cause.
• Clients have remedies. A client who believes a lawyer has been negligent may file a complaint with the Integrated Bar of the Philippines or the Supreme Court, which has the power to suspend or disbar erring lawyers.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.