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5. Exorbitant Appearance Fees

Myrna, petitioner in a case for custody of children against her husband, sought advice from Atty. Mendoza whom she met at a party. She informed Atty. Mendoza that her lawyer, Atty. Khan, has been charging her exorbitant appearance fees when all he does is move for postponements which have unduly delayed the proceedings; and that recently, she learned that Atty. Khan approached her husband asking for a huge amount in exchange for the withdrawal of her Motion for Issuance of Hold Departure Order so that he and his children can leave for abroad.

1. Is it ethical for Atty. Mendoza to advise Myrna to terminate the services of Atty. Khan and hire him instead for a reasonable attorney’s fees? 5%

2. What should Atty. Mendoza do about the information relayed to him by Myrna that Atty. Khan approached her husband with an indecent proposal? 5%

1 comment:

Anonymous said...

V.

1.

It is not ethical for Atty. Mendoza to advise Myrna to terminate the services of Atty. Khan and hire him instead for a reasonable attorney’s fees.
This is tantamount to improper solicitation of legal business as he is encroaching upon the professional employment of another lawyer. The Code of Professional Responsibility is explicit that a lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer.

2.

I would advice Myrna to report Atty. Khan to the Supreme Court or to the IBP. Such act of Mr. Khan is deceitful and deserves a disciplinary sanction from the Supreme Court.