GR L 7725; (January, 1913) (Digest)
G.R. No. L-7725; January 17, 1913
In the matter of the suspension of L. PORTER HAMILTON from the practice of law.
FACTS
Attorney L. Porter Hamilton was charged with four counts of professional misconduct. The Supreme Court focused on two: (1) his conduct in civil case No. 1344, “Luciano Andrada vs. Isabelo Alburo,” and (2) his letter to S.L. Joseph. In the civil case, Hamilton initially advised the plaintiff, Luciano Andrada, prepared his complaint and attachment papers, and wrote to the clerk about the case. Subsequently, Hamilton entered his appearance as the attorney for the defendant, Isabelo Alburo, in the same case and filed a demurrer against the complaint he himself had prepared for Andrada. Regarding the letter to S.L. Joseph, Hamilton proposed his employment as attorney for Joseph’s lumber yard with an annual salary, coupled with a statement implying he could cause trouble for Joseph’s business if the offer was not accepted.
ISSUE
Whether Attorney L. Porter Hamilton’s actions constitute unprofessional conduct warranting disciplinary action.
RULING
Yes. The Supreme Court found Hamilton guilty of flagrant and willful violation of his professional obligations and a reckless disregard of fundamental legal ethics. His representation of opposing parties in the same case, after having received confidential information from the first client, was a gross violation of his duty. His letter to S.L. Joseph constituted improper solicitation of employment through intimidation. Considering the gravity of the misconduct but referencing the penalty under the Spanish Penal Code for similar offenses, the Court suspended Hamilton from the practice of law for a period of six years from the date of his original suspension in the court below.
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