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Lawyer Lied to Client

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1 Lawyer Lied to Client on Wed Apr 20, 2016 1:27 am


Arresto Menor
What are the laws in the Philippines regarding lawyers lying to a client?

Situation: Lawyer was emailed by an expert witness in an actual court case regarding "how to make a written amendment to a report submitted to court".

After 2 weeks, the client asked the secretary of the witness whether the amendment was already accomplished. Secretary informs client they are still waiting for the advise from the lawyer.

Client contacts lawyer. Lawyer says reply (through email) was already sent roughly a week ago. To prove this, lawyer furnishes client with an email which included "forwarded copy of email from expert witness to lawyer" "forwarded copy of email from lawyer's secretary replying to email informing expert witness that his email has been received and forwarded to lawyer (Email dated one day after) "forwarded copy of email of lawyer to expert witness" and lastly, a statement from the legal secretary informing the client that the lawyer had actually already responded to the email and that she even called the expert witness's secretary to inform her the reply was sent on that same day"

The Lie: (Proofs the lawyer lied or faked the document)"
(NOT in order)

1. The lawyer's SUPPOSED email to the witness, in the To: field he actually placed HIS own email address. Note: No email addresses other than his own, no cc: etc.

2. The email sent by the witness, on this document, is dated ONE day prior to when the actual email was even sent

3. The time stamp of this email containing all the contents above is 3 hours PRIOR to the time the client asked the lawyer why he hasnt replied to the email. How can he come up with this supposed document proving that he has responded when he hasn't even been asked?

There a quite a few more discrepancies, but these are the major ones.

This may sound like a joke, but this actually literally an actual event, an actual case ongoing.

Why I am seeking advice?

This is an annulment case that has been ongoing for almost 8 yrs. The expert witness is a psychiatrist. The client is also a "patient" of the expert witness due to the nature of the annulment case. I know the witness and the client and the document was forwarded to me.

There have been other occasions where they were close to missing court deadlines supposedly because the witness was late submitting reports.

I don't know whether there is an actual time limit to make an amendment to a report submitted to court by a witness. If there actually is, and because technically I am assuming this lawyer HASN'T even read the actual email (because even that he couldn't get right), isn't that incompetency?

Second, isn't dishonesty grounds for disbarment? (Actually, I would like to know if this is indeed a fact) I know lawyers can supposedly have some leeway in terms of lying to clients, but for me, this is a claim of supposed work done.

Lastly, does the Philippines have mechanisms to report lawyers doing these types of practices?

Any input, advise, or suggestions regarding the entire matter would be highly appreciated.

Thank you.

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2 Re: Lawyer Lied to Client on Thu Apr 21, 2016 9:52 pm

tsi ming choi

Reclusion Perpetua
Gross negligence,gross misconduct, dishonesty are some available grounds for disbarment. There is an existing mechanism such as disciplinary measures, disbarment proceedings. You can go to supreme court and ask for that disciplinary/disbarment "division".

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