CANNON 16

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  • 7/25/2019 CANNON 16

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    CANNON 16

    SENCIO vs. CALVADORES

    Facts:Emily Sencio (complainant) asked for the legal services of Atty. o!ert

    Calvadores(respondent) "hen the former#s son died in a vehic$lar accident and she "ants toprosec$tethe civil aspect of the case. Sencio initially paid %1&'. and then completed

    the%1'&. fee. rom that time on& the complainant has reg$larly contacted the respondentto

    $pdate her on the stat$s of the case. *he respondent said that everything "o$ld !ealright. +o"ever the

    complainant fo$nd o$t that the respondent did not file a case "hich thelatter admitted. Calvadores

    promised that "e "o$ld ret$rn the money. Sencio ret$rnedseveral times to Calvadores# ho$se to no

    avail. Sencio filed a dis!arment case against therespondent. *he trial has !een moved several times

    !eca$se of the a!sence of Calvadoreseven "ith d$e notice.

    Issue:,hether or not Atty. Calvadores violated the Code of %rofes sional esponsi!ility.

    Held:-es& a la"yerclient relationship e/isted !et"een the respondent and the complainant. Ass$ch&

    the respondent& $nder Canon 10 of the Code of %rofessional esponsi!ility& o"edfidelity to the ca$se

    of his client. Once a la"yer agrees to handle a case& he sho$ld$ndertake the task "ith dedication andcare less than that& he is not tr$e to his oath as ala"yer. +e is also g$ilty of violation of Canon 16 for

    not delivering the f$nds or property of the client $pon demand and of Canon 12 for neglecting a legal

    matter entr$sted to him.Calvadores is s$spended in the practice of la" for si/ months and to ret$rn the

    amo$nt of %1'&. to Sencia "ithin 3 days "ith interest at 1'4 per ann$m from the date of

    theprom$lgation of this esol$tion $ntil its ret$rn.