Dear Atty. Gab,

Musta Atty! My name is Gregorio Panganiban, and I’m writing from Batangas City. I hired Atty. Renato Marquez last year to handle a complicated land dispute involving inherited property (Case No. CV-12345). We agreed on his professional fees, and I paid the initial acceptance fee of P50,000 plus P5,000 per court appearance. He filed the case, and things seemed okay initially.

However, a few months ago, Atty. Marquez called me for a meeting. He seemed worried and mentioned that the opposing side has strong connections. He then told me that to ensure a favorable outcome, he needed an additional P75,000. He strongly hinted that this amount wasn’t for him but was needed ‘para mapadulas ang kaso sa taas’ (to grease the wheels upstairs), implying it was for the judge handling our case. He even said it needed to be in cash and that I shouldn’t mention it to anyone. I felt pressured, so I borrowed money and gave it to him. He didn’t issue a receipt for this specific amount.

Since then, I haven’t received clear updates. When I call his office, his secretary says he’s busy. When I do manage to speak with him, his answers are vague. I recently checked the court records myself (unofficially, through a friend) and found out that there was a deadline to submit our formal offer of evidence weeks ago, and it seems nothing was filed. I’m getting very worried. Did I just pay bribe money? Is my lawyer neglecting my case? What are my rights, and what should I do? This is causing me immense stress.

Thank you for any guidance you can provide.

Sincerely,
Gregorio Panganiban

Dear Gregorio,

Thank you for reaching out. I understand your distress regarding the situation with Atty. Marquez and your land dispute case. Your concerns are valid and raise serious questions about professional conduct.

Let me be clear: It is absolutely unethical and illegal for a lawyer to solicit money from a client for the purpose of bribing a judge or any court official. Such actions violate the core principles of the legal profession, undermine the integrity of the justice system, and breach the sacred trust between a lawyer and a client. Furthermore, neglecting a client’s case by missing deadlines or failing to file necessary documents constitutes professional negligence. Both actions can have severe consequences for the lawyer involved.

Upholding Trust: The Lawyer’s Duty Against Corruption and Neglect

The relationship between a lawyer and a client is fundamentally built on trust and confidence. When you engage the services of an attorney, you have the right to expect not only competence but also utmost honesty and integrity. The Code of Professional Responsibility (CPR) sets forth the ethical standards that all lawyers in the Philippines must adhere to.

A lawyer’s primary duty is to the administration of justice. Influencing court decisions through illicit means like bribery strikes at the very heart of this duty. The CPR is unequivocal in condemning such behavior. As the rules state:

A lawyer shall rely upon the merits of his cause and refrain from any impropriety which tends to influence, or gives the appearance of influencing the court. (Derived from Canon 13, Code of Professional Responsibility principles)

Soliciting money from a client under the pretense of bribing a judge is not just an ethical violation; it is a deceitful act. It constitutes a fraudulent exaction from the client and severely maligns the judge and the entire judiciary by suggesting that justice can be bought. This pernicious practice erodes public confidence in our legal system. Lawyers are strictly mandated to avoid any action that gives even the appearance of impropriety or corruption.

Beyond the issue of soliciting funds for illicit purposes, there’s the matter of handling your case competently and diligently. The CPR mandates this:

A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection [therewith] shall render him liable. (Rule 18.03, Code of Professional Responsibility)

This duty requires lawyers to handle legal matters with adequate preparation and to keep clients informed about the status of their cases. Failing to file necessary pleadings, like a formal offer of evidence, or missing court-set deadlines without valid reason can be considered negligence. Such omissions can severely prejudice a client’s case, potentially leading to an unfavorable judgment. The expectation is clear:

Once lawyers agree to take up the cause of a client, they owe fidelity to the cause and must always be mindful of the trust and confidence reposed in them. A client is entitled to the benefit of all remedies and defenses authorized by law, and is expected to rely on his lawyer to avail of these remedies or defenses.

Your observation that a crucial pleading might not have been filed, coupled with your lawyer’s evasiveness, raises red flags regarding potential negligence. A lawyer must serve the client with competence and diligence, ensuring that all necessary steps are taken to protect the client’s interests within the bounds of the law.

Engaging in acts like soliciting bribe money or neglecting a client’s cause demonstrates unfitness to practice law. These are serious breaches that can subject a lawyer to disciplinary action by the Integrated Bar of the Philippines (IBP) and the Supreme Court, potentially leading to suspension or even disbarment. The legal profession demands the highest standards of morality, honesty, integrity, and fair dealing.

Practical Advice for Your Situation

• Document Everything: Write down dates, times, specific details of conversations, amounts paid, and the circumstances surrounding the demand for the P75,000. Keep copies of any correspondence.
• Request Written Updates: Send a formal letter or email to Atty. Marquez requesting a detailed written status update on your case, specifically asking about the formal offer of evidence and upcoming deadlines. This creates a paper trail.
• Verify Court Records Officially: Obtain official copies of your case records from the court to confirm the status, filings made, and any missed deadlines. Do not rely solely on informal checks.
• Demand Receipts: While difficult now for the P75,000, insist on official receipts for all future payments, clearly stating the purpose of the payment (e.g., ‘Professional Fees’, ‘Filing Fees’). Be wary if a lawyer refuses to issue receipts.
• Clarify Fees vs. Suspect Demands: Understand the difference between legitimate legal fees (acceptance, appearance, filing fees) and demands for money intended for illicit purposes. Question any unusual or unexplained requests for funds.
• Consider a Second Opinion: You may want to consult another lawyer to review your case documents and the handling of your case so far. They can offer an objective perspective.
• Report Potential Misconduct: If you have sufficient evidence of solicitation for bribery or gross negligence, you have the right to file a verified complaint against the lawyer with the Integrated Bar of the Philippines (IBP). This initiates a formal disciplinary investigation.

Dealing with potential attorney misconduct is stressful, but it’s crucial to act decisively to protect your rights and the integrity of your case. Soliciting money for bribery and neglecting a client’s cause are serious violations that the legal profession does not tolerate.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.