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Question VI

2018 Bar · Legal Ethics · 1 sub-question

VI. Mrs. Conchita Conchu engaged the services of Atty. Carlo Colorado to act as private prosecutor to handle a criminal case against persons suspected of slaying her husband. Atty. Colorado performed his duties - he interviewed witnesses to build up his case and religiously attended hearings. However, he failed to attend one hearing (allegedly because he did not receive a notice) in which the court, over Mrs. Conchu's objections, granted bail to all the accused. Mrs. Conchu belligerently confronted Atty. Colorado about his absence. Stung by Mrs. Conchu's words, Atty. Colorado filed with the court a "Motion to Withdraw as Counsel". The motion did not bear the consent of Mrs. Conchu, as in fact, Mrs. Conchu refused to sign her conformity to Atty. Colorado's withdrawal. Meanwhile, the hearing in the criminal case continued, but Atty. Colorado no longer appeared at the hearings nor did he contact Mrs. Conchu. Mrs. Conchu then filed a complaint seeking disciplinary sanctions against Atty. Colorado. Atty. Colorado cited "loss of confidence" and "serious differences" with the client as his reasons for withdrawing his services unilaterally. Can Atty. Colorado be sanctioned for his actions? (2.5%)

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