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Issue: Whether or not ATTY. LEONARD S. DEVERA commited malpractice w/c amounted to moral turpitude in
the STATE BAR OF CALIFORNIA and is this applicable to the Philippines for him to be disbarred.
Held:
Yes, there is substantial evidence of malpractice by Atty. De Vera. SC suspended him for two years.
Atty. de Vera did not deny complainant's (Julius Willis) allegation in the latter's memorandum that he (de
Vera) received US$12,000.00 intended for his client and that he deposited said amount in his personal account and
not in a separate trust account and that, finally, he spent the amount for personal purposes. Atty. De Vera insists that
Julius father authorized him to use the money, and has repayed the fullo amount even before the administrative
case was filed against him.
However, aAside from these self-serving statements, however, we cannot find anywhere in the records of
this case proof that indeed Atty. de Vera was duly authorized to use the funds of his client.
Atty. de Vera cannot rely on the statement made by the hearing officer that the elder Willis had indeed
testified that he "expected de Vera might use the money for a few days." was not so much an acknowledgment of
consent to the use by Atty. de Vera of his client's funds as it was an acceptance of the probability that Atty. de Vera
might, indeed, use his client's funds, which by itself did not speak well of the character of Atty. de Vera or the way
such character was perceived.
CANON 16. A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT
THAT MAY COME TO HIS POSSESSION.
Rule 16.01. A lawyer shall account for all money or property collected or received for or from the client.
Rule 16.02. A lawyer shall keep the funds of each client separate and apart from his own and those of
others kept by him.
Atty. De Veras actions caused dishonor, not only to himself but to the noble profession to which he belongs. For, it
cannot be denied that the respect of litigants to the profession is inexorably diminished whenever a member of the
profession betrays their trust and confidence.