DISPOSITIVE:
WHEREFORE, the Court finds respondent Atty. James Bryan 0.
Agustin GUILTY of the offense of Unjustifiable Failure or Refusal to
Render an Accounting of the Funds or Properties of a Client under Section
34(n), Canon VI of the Code of Professional Responsibility and
Accountability. He is hereby SUSPENDED from the practice of law for
a period of fifteen (15) days, with a stern warning that a repetition of the
same or similar acts will be dealt with more severely.
The suspension from the practice of law shall take effect
immediately upon Atty. James Bryan 0. Agustin’s receipt of this
Decision. He is DIRECTED to immediately file a Manifestation to the
Court that his suspension has started, copy furnished all courts and quasijudicial
bodies where he has entered his appearance as counsel.
Let a copy of this Decision be furnished the Office of the Bar
Confidant, the Integrated Bar of the Philippines, and the Office of the
Court Administrator for circulation to all the courts.
SO ORDERED.
SUBJECTS/DOCTRINES/DIGEST:
WHAT HAPPENED IN THIS CASE?
Jurisprudence dictates that save for one’s retaining lien, lawyers
generally should not withhold the client’s funds and/or documents.19 For
a proper exercise of one’s retaining lien, the lawyer must establish the
following elements: “(l) lawyer-client relationship; (2) lawful possession
of the client’s funds, documents and papers; and (3) unsatisfied claim for
attorney’s fees. “20
After a careful review, the Court finds respondent’s exercise of his
retaining lien by withholding the return of complainant’s passport to be
‘improper in the case.
………………………………………………….
On this point, it is likewi9e interesting to note respondent’s
confusing statements: first, that cornplainant’s AEP and visa applications
were never processed due to the lack of funds for the tasks; and second,
that neither complainant nor the Ji\gency paid his legal fees for the
processing of _the applica~i?ns in th~ amount _of PHP 15,000.00. Indeed, if
respondent did not fac1htate the ! processmg of the AEP and visa
applications, then why is he demanding legal fees from complainant
and/or the Agency for it?
………………………………………………
In the case, the Court deems it proper to suspend respondent from
the practice of law for a period of only fifteen ( 15) days in view of the
following mitigating circumstances: (a) absence of bad faith or malice;
and (b) expression of remorse, considering that he already tun1ed over the
passport to the Jordanian Honorary Consulate General.
In closing, lawyers are reminded to avoid any controversy with a
client concerning fees for legal services and to resort to judicial action
solely to prevent imposition, injustice, or fraud. 27 In case of non-payment
of attorney’s fees, a lawyer may resort to the proper enforcement of the
attorney’s lien under Section 54, Canon III of the CPRA by filing a notice
of enforcement of attorney’s lien with the court, tribunal, or other
government agency of origin where the action or proceeding the lawyer
rendered service for is pending, without prejudice to other remedies under
the law or the Rules of Court.28
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