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A.C. No. 6664 Samson V Era

Ferdinand Samson engaged attorney Edgardo Era to represent him in criminal cases against Emilia Sison for a pyramid scam. Later, Era discussed an amicable settlement where Samson received property, but it was found to not be registered properly. Era then represented Sison in other criminal cases involving the same scam. Samson filed a complaint. The court found Era guilty of misconduct for representing conflicting interests without Samson's consent, violating rules that a lawyer owes full devotion to a client's interests and should not act against a former client. Era was suspended from practice for two years.

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638 views2 pages

A.C. No. 6664 Samson V Era

Ferdinand Samson engaged attorney Edgardo Era to represent him in criminal cases against Emilia Sison for a pyramid scam. Later, Era discussed an amicable settlement where Samson received property, but it was found to not be registered properly. Era then represented Sison in other criminal cases involving the same scam. Samson filed a complaint. The court found Era guilty of misconduct for representing conflicting interests without Samson's consent, violating rules that a lawyer owes full devotion to a client's interests and should not act against a former client. Era was suspended from practice for two years.

Uploaded by

Kristen White
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Samson v.

Era
A.C. No. 6664. July 16, 2013

Facts

Ferdinand Samson and his relatives fell prey to the pyramiding scam by ICS Corporation, whose
corporate officers were led by Emilia Sison. Samson engaged Atty. Edgardo Era to represent
him in the criminal prosecution of Sison and her group. Later, Atty. Era discussed with Samson
the possibility of an amicable settlement with Sison, to which Samson acceded and executed
the affidavit of desistance, and in turn Samson received a deed of assignment of a certain
property located in Antipolo City. Samson and his relatives demanded that they be given a deed
of absolute sale. Atty. Era delivered to them the deed of absolute sale of the property and told
them that he had already accomplished his professional responsibility towards them upon the
amicable settlement of the cases between them and ICS Corporation. Samson and his group
later found out that they could not liquidate the property because it was no longer registered
under the name of ICS Corporation but was already under the name of Bank Wise Inc. They
were forced to engage another lawyer when Atty. Era did not appear for them anymore. They
were shocked to find out later on, however, that Atty. Era had already been entering his
appearance as the counsel for Sison in her other criminal cases in the other branches of the
RTC in Quezon City involving the same pyramiding scam that she and her ICS Corporation had
perpetrated. Samson filed a case for disbarment against Atty. Era, and the investigating
commissioner found him guilty of misconduct for representing conflicting interests.

Issue

Whether or not respondent is guilty of violating Rule 15.03 of Canon 15 and Canon 17 of the
Code of Professional Responsibility.

Ruling

Yes. The lawyer-client relationship did not terminate when Samson and his group entered into
the compromise settlement with Sison because he still needed to oversee the implementation of
the settlement as well as to proceed with the criminal cases until they were dismissed or
otherwise concluded by the trial court.

Rule 15.03, Canon 15 of the Code of Professional Responsibility provides that: "A lawyer shall
not represent conflicting interests except by written consent of all concerned given after a full
disclosure of the facts." Thus, Atty. Era owed to Samson and his group entire devotion to their
genuine interest, and warm zeal in the maintenance and defense of their rights. Also, Canon 17
of the Code of Professional Responsibility expressly declares that: "A lawyer owes fidelity to the
cause of his client and he shall be mindful of the trust and confidence reposed in him”, hence,
even after the severance of the attorney-client relationship a lawyer should not do anything that
will injuriously affect his former client in any matter in which the lawyer previously represented
the client.

In the absence of the express consent from Samson and his group after full disclosure to them
of the conflict of interest, therefore, the most ethical thing for Atty. Era to have done was either
to outrightly decline representing and entering his appearance as counsel for Sison, or to advice
Sison to engage another lawyer for herself. Accordingly, respondent is suspended from the
practice of law for two years.

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