Dear PAO,

Two years ago, a warrant of arrest was issued against my cousin. His lawyer advised him to hide from the authorities for as long as he could. However, he was arrested last month, and the court did not allow him to post bail because he was considered as a “flight risk,” citing his efforts to hide from the law. Can we file an administrative case against his lawyer for giving an unsound and illegal advice?

Schnai

Dear Schnai,

Yes, you can file an administrative case, or a disbarment case, against the lawyer who gave your cousin such illegal advice.

As explained by the Supreme Court in the similar case of Pitcher vs. Atty. Gagate, A.C. No. 9532, October 13, 2013, penned by Associate Justice Estela Marcelino Perlas-Bernabe, when a lawyer gives an illegal advice, he violates his duty to his client to use peaceful and lawful methods in seeking justice, saying:

“xxx Verily, a person cannot take the law into his own hands, regardless of the merits of his theory. In the same light, respondent’s act of advising complainant to go into hiding in order to evade arrest in the criminal case can hardly be maintained as proper legal advice since the same constitutes transgression of the ordinary processes of law. By virtue of the foregoing, respondent clearly violated his duty to his client to use peaceful and lawful methods in seeking justice, in violation of Rule 19.01, Canon 19 of the Code as above-quoted. To note further, since such courses of action were not only improper but also erroneous, respondent equally failed to serve his client with competence and diligence in violation of Canon 18 of the Code. In the same regard, he also remained unmindful of his client’s trust in him – in particular, her trust that respondent would only provide her with the proper legal advice in pursuing her interests – thereby violating Canon 17 of the Code.”

From here, it is evident that your cousin’s lawyer clearly failed to uphold the duty to advocate for a peaceful and lawful methods in seeking justice. Furthermore, advising a client to run from the authorities, especially if he/she is innocent, is an erroneous remedy from a legal standpoint, which ultimately violates the lawyer’s Code of Professional Responsibility and Accountability. Thus, an administrative case may prosper against the said lawyer.

We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].