Legal & Judicial Ethics, 2019 Bar — Question A.2

ESSAY

Y, who is a businessman, and Atty. X are good friends. Due to their closeness, Atty. X was able to borrow P300,000.00 from Y, which amount was intended to refurbish Atty. X's law Office. Months after, Y got into a contractual dispute with Z, one of his business partners. Hence, Y sought the legal services of Atty. X for the filing of the proper action against Z. In consideration for his legal services, Y paid Atty. X an acceptance fee of P50,000.00. Unfortunately, Atty. X and Y's relationship turned sour. Thus, all communications between them were cut, and worse, Atty. X failed to file the required initiatory pleading against Z on the date agreed upon. Aggrieved, Y filed an administrative complaint, seeking that Atty. X be sanctioned and that the P50,000.00 acceptance fee and the P300,000.00 personal loan be returned to him. (a) What administrative violation/s did Atty. X commit, if any? Explain. (b) May Y's prayer for the return of the P50,000.00 acceptance fee and the P300,000.00 personal loan prosper? Explain.

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