Legal & Judicial Ethics, 2020 Bar — Question 2

ESSAY

During work, an overseas Filipino seafarer was seriously injured after falling into the elevator shaft of a foreign vessel. After initial treatment in Singapore, the seafarer was flown to the Philippines to continue medical treatment. While the seafarer was confined in the hospital, two paralegals representing a lawyer approached the seafarer offering that lawyer's services at a significantly discounted rate. They explained that they could sue the employer for indemnity and added that the lawyer had a good track record at the National Labor Relations Commission. The paralegals even bragged about the lawyer's connections with the Supreme Court. The seafarer agreed to engage the lawyer's services. The employer proposed to settle the case out of court and eventually paid Php5,000,000.00. The employer deposited this amount in the lawyer's bank account. The lawyer tried to remit Php1,000,000.00 to the seafarer, making it appear that the settlement was for that amount. The seafarer refused to accept the amount of Php1,000,000.00 as no prior approval had been given to the lawyer to settle the case. The seafarer filed a complaint before the Supreme Court for the lawyer's disbarment. Does the seafarer have legal grounds to file the complaint? Explain briefly.

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