AC 805; (May, 1938) (Digest)
G.R. No. A.C. No. 805. May 13, 1938.
TECLA ESTILLORE DE ACOSTA, petitioner, vs. BASILIO AROMIN, respondent.
FACTS
The petitioner, Tecla Estillore de Acosta, filed a complaint against the respondent attorney, Basilio Aromin, for allegedly charging an exorbitant fee. The petitioner was the beneficiary of an insurance policy. She engaged the respondent to collect the proceeds. She alleged they had a verbal agreement that his professional fee would be 10% of the amount collected. However, the respondent deducted 20% of the gross value of the policy (P630.84) as his fee, plus expenses, from the net proceeds of P2,095.28 received from the insurer. The respondent denied the specific 10% agreement, claiming he informed the petitioner that his fees could range from 20% to 30% depending on the work involved.
ISSUE
Whether the respondent attorney’s act of charging a 20% fee, allegedly contrary to a verbal agreement for 10%, constitutes a ground for disciplinary action or malpractice warranting his suspension or removal from the practice of law.
RULING
No. The Court dismissed the complaint and exonerated the respondent. The Court found no fraud, deceit, or illegal appropriation of funds by the respondent, as he was authorized to receive the proceeds and deduct his fees. The fee charged was not deemed unreasonably exorbitant so as to constitute malpractice per se. The dispute was characterized as a mere discrepancy over the reasonable compensation for services rendered, which is not among the statutory grounds for disciplining an attorney under the Code of Civil Procedure. The petitioner’s proper remedy, if any, is to file a civil action to recover the alleged excess fee.
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