ANATHEA A. ACABAN LEGAL PROFESSIONJD-1C1ATTY. MONTEMAYORCases on Discipina!" ac#ions $o! a%"e!s P&!pose an' Na#&!e o$ La%"e! Discipine P!ocee'in(s The purpose of lawyer discipline proceedings is to protect the public and the administration of justice from lawyers who have not discharged, will not discharge, or are unlikely to discharge properly their professional duties to clients, the public, the legal system, and the legal profession. Upon the fling and service of formal charges, lawyer discipline proceedings should be public, and disposition of lawyer discipline should be public in cases of disbarment, suspension, and reprimand. Only in cases of minor misconduct, when there is little or no injury to a client, the public, the legal system, or the profession, and when there is little likelihood of repetition by the lawyer, should private discipline be imposed.Sanc#ions #o )e i*pose' $o! 'iscipina!" *eas&!es Disbarment uspension !nterim uspension "eprimand #dmonition $robationSanc#ions #o )e i*pose' $o! 'iscipina!" *eas&!es Other anctions and "emedies %a& restitution, %b& assessment of costs, %c& limitation upon practice, %d& appointment of a receiver, %e& re'uirement that the lawyer take the bar e(amination or professional responsibility e(amination, %f& re'uirement that the lawyer attend continuing education courses, and %g& other re'uirements that the state)s highest court or disciplinary board deems consistent with the purposes of lawyer sanctions.DISBARMENTDis)a!*en#Disbarment terminates the individual)s status as a lawyer. *here disbarment is not permanent, procedures should be established for a lawyer who has been disbarred to apply for readmission, provided that+%,& no application should be considered for fve years from the e-ective date of disbarment. and%/& the petitioner must show by clear and convincing evidence+%a& successful completion of the bar e(amination.%b& compliance with all applicable discipline or disability orders or rules. and%c& rehabilitation and ftness to practice law.S+SPENSION AND INTERIM S+SPENSIONS&spensionuspension is the removal of a lawyer from the practice of law for a specifed minimum period of time. 0enerally, suspension should be for a period of time e'ual to or greater than si( months, but in no event should the time period prior to application for reinstatement be more than three years. $rocedures should be established to allow a suspended lawyer to apply for reinstatement, but a lawyer who has been suspended should not be permitted to return to practice until he has completed a reinstatement process demonstrating rehabilitation, compliance with all applicable discipline or disability orders and rules, and ftness to practice law.In#e!i* S&spension!nterim suspension is the temporary suspension of a lawyer from the practice of lawpending imposition of fnal discipline. !nterim suspension includes+%a& suspension upon conviction of a 1serious crime2 or,%b& suspension when the lawyer)s continuing conduct is or is likely to cause immediate and serious injury to a client or the public.REPRIMAND, ADMONITION AND PROBATIONRep!i*an'"eprimand, also known as censure or public censure, is a form of public discipline which declares the conduct of the lawyer improper, but does not limit the lawyer)s right to practice.A'*oni#ion#dmonition, also known as private reprimand, is a form of non3public discipline which declares the conduct of the lawyer improper, but does not limit the lawyer)s right to practice.P!o)a#ion$robation is a sanction that allows a lawyer to practice law under specifed conditions. $robation can be imposed alone or in conjunction with a reprimand or anadmonition. probation can also be imposed as a condition of readmission or reinstatement.FACTORS TO BE CONSIDERED IN IMPOSING SANCTIONS -ioa#ions o$ Dies O%e' #o Cien#s 4ailure to $reserve the 5lient)s $roperty 4ailure to $reserve the 5lient)s 5onfdences 4ailure to #void 5on6icts of !nterest7ack of Diligence 7ack of 5ompetence 7ack of 5andor #bsent aggravating or mitigating circumstances. FACTORS TO BE CONSIDERED IN IMPOSING SANCTIONS -ioa#ions o$ Dies O%e' #o #.e P&)ic 4ailure to 8aintain $ersonal !ntegrity 4ailure to 8aintain the $ublic Trust -ioa#ions o$ Dies O%e' #o #.e Le(a S"s#e* A)&se o$ #.e Le(a P!ocess I*p!ope! Co**&nica#ions /i#. In'i0i'&as in #.e Le(a S"s#e* -ioa#ions o$ Dies O%e' #o #.e P!o$essionCIRC+MSTANCES THAT AGGRA-ATE AND MITIGATE THE SANCTIONAGGRA-ATING CIRC+MSTANCES 4actors which may be considered in aggravation. %a& prior disciplinary o-enses.%b& dishonest or selfsh motive.%c& a pattern of misconduct.%d& multiple o-enses.%e& bad faith obstruction of the disciplinary proceeding by intentionally failing to comply with rules or orders of the disciplinary agency.%f& submission of false evidence, false statements, or other deceptive practices during the disciplinary process.%g& refusal to acknowledge wrongful nature of conduct.%h& vulnerability of victim.%i& substantial e(perience in the practice of law.%j& indi-erence to making restitution. MITIGATING CIRC+MSTANCES4actors which may be considered in mitigation. %a& absence of a prior disciplinary record.%b& absence of a dishonest or selfsh motive.%c& personal or emotional problems.%d& timely good faith e-ort to make restitution or to rectify conse'uences of misconduct.%e& full and free disclosure to disciplinary board or cooperative attitude toward proceedings.%f& ine(perience in the practice of law. %g& character or reputation.%h& physical or mental disability or impairment.%i& delay in disciplinary proceedings.%j& interim rehabilitation.%k& imposition of other penalties or sanctions.%l& remorse.%m& remoteness of prior o-enses.AGGRA-ATING NOR MITIGATING CIRC+MSTANCE4actors *hich #re 9either #ggravating 9or 8itigating. %a& forced or compelled restitution.%b& agreeing to the client)s demand for certain improper behavior or result.%c& withdrawal of complaint against the lawyer.%d& resignation prior to completion of disciplinary proceedings.%e& complainant)s recommendation as to sanction.%f& failure of injured client to complain.DISBARMENT CASES FOR LA/YERSEMILIA O. DHALI/AL, Co*painan#, 0s. ATTY. ABELARDO B. D+MAG+ING, Respon'en#. A.C. No. 1213 A&(&s# 1, 4314FACTS5 :milia O. Dhaliwal %complainant& she engaged the services of #tty. #berlardo ;. Dumaguing %respondent& connection with the purchase of a parcel of land from 4il3:state Development, !nc. %4il3:state&. #tty. Dumaguing was then given $>>.>> for him to consign with the ?ousing and 7and Use "egulatory ;oard %?7U";&. On eptember //, />>>, respondent, on behalf of complainant, fled with the ?7U"; a complaint for delivery of title and damages against 4il3:state. # week after, or on eptember /@, />>>, #tty. Dumaguing withdrew from the ?7U"; the checks previously consigned. On 8arch >C, an appointment was scheduled by de 7eon, which was moved by #tty. $edreHadue to prior hearing. On their way home, the lawyer o-ered a ride to the client and the harassment took place while inside the car. De 7eon provided a detailed and consistent testimony on the event and fled before the !;$ !nvestigating 5ommissioner to recommend the disbarment of the said lawyer. #s a response, #tty.$edreHa fled a counter3aGdavit with a criminal case for acts of lasciviousness and his complaint3aGdavit for theft, taking the phone of the lawyer while on board of the car. The !;$ then dismissed the criminal case and proceed independently with the complaint of De 7eon which according to them, violated the "ule ,.>, and "ule I.>< of the 5ode of $rofessional "esponsibility, and provide a recommendation of suspension for si( month from the practice of law.Iss&e5 *hether or not #tty. $edreHa was guilty of se(ual harassment against his female clientJ *hether or not the lawyer is subject for suspension or disbarment in the practice of lawJ R&in(5 The court aGrmed the fndings and recommendation of the !;$ ;oard of 0overnors and support them with previous cases fled against the lawyers in the ground of immorality. The court cited that good moral character is essential in the admission to the ;ar and to retain membership in the 7egal $rofession, as part of their oath in respect to ection /I of "ule ,/ provides that LNaO lawyer shall not handle any legal matter without ade'uate preparation.L "ule ,A.>, and "ule I.>< of the 5ode of $rofessional "esponsibility, and provide a recommendation of suspension for si( month from the practice of law. Iss&e5 *hether or not #tty. $edreHa was guilty of se(ual harassment against his female clientJ *hether or not the lawyer is subject for suspension or disbarment in the practice of lawJ R&in(5 The court aGrmed the fndings and recommendation of the !;$ ;oard of 0overnors and support them with previous cases fled against the lawyers in the ground of immorality. The court cited that good moral character is essential in the admission to the ;ar and to retain membership in the 7egal $rofession, as part of their oath in respect to ection /I of "ule ,