h. Suspended Lawyers

Suspended Lawyers

Concept

A suspended lawyer may not practice law while the suspension is effective. Suspension is a disciplinary measure distinct from removal from the office of attorney. In disciplinary proceedings, the inquiry is whether the lawyer remains fit to practice, not whether a criminal penalty should be imposed. (Rule 138, Sec. 28, Rule 138 — Attorneys and Admission to Bar)¹ (Mitchell v. Amistoso., A.C. No. 10713, 8 September 2020)²

Governing provisions

Rule 138, Section 27 authorizes the Supreme Court to remove or suspend a member of the bar for specified causes. Under Rule 138, Sections 28 and 29, the Court of Appeals or a Court of First Instance may also suspend an attorney for those causes, subject to further action by the Supreme Court. Rule 139-B, Section 16 likewise provides for suspension by the Court of Appeals or a Regional Trial Court until the Supreme Court acts. (Rule 138, Sec. 27, Rule 138 — Attorneys and Admission to Bar)³ (Rule 138, Sec. 28, Rule 138 — Attorneys and Admission to Bar)¹ (Rule 138, Sec. 29, Rule 138 — Attorneys and Admission to Bar)⁴ (Rule 139-B, Sec. 16, Rule 139-B — Disbarment and Discipline of Attorneys)⁵

Requisites / Rules

• Grounds under Rule 138, Section 27 include deceit, malpractice or other gross misconduct in office; grossly immoral conduct; conviction of a crime involving moral turpitude; violation of the lawyer’s oath; willful disobedience of a lawful order of a superior court; and corrupt or willful appearance for a party without authority. Soliciting cases for gain, personally or through paid agents or brokers, constitutes malpractice. (Rule 138, Sec. 27, Rule 138 — Attorneys and Admission to Bar)³
• After suspension by the Court of Appeals or a Court of First Instance, the lawyer must not practice until further Supreme Court action. The suspending court must promptly transmit a certified copy of its order and a full statement of the supporting facts; the Supreme Court then investigates and orders revocation or extension of the suspension, or removal, as warranted. (Rule 138, Sec. 28, Rule 138 — Attorneys and Admission to Bar)¹ (Rule 138, Sec. 29, Rule 138 — Attorneys and Admission to Bar)⁴
• When the IBP Board of Governors determines, by a majority of its total membership, that suspension or disbarment is warranted, it transmits its findings, recommendation, and the record to the Supreme Court for final action. (Rule 139-B, Sec. 12, Rule 139-B — Disbarment and Discipline of Attorneys)⁶

Distinctions

Suspension bars practice for the period it remains effective; removal is a separate disposition available to the Supreme Court. A Board recommendation to suspend is likewise distinct from the Supreme Court’s final action on that recommendation. (Rule 138, Sec. 29, Rule 138 — Attorneys and Admission to Bar)⁴ (Rule 139-B, Sec. 12, Rule 139-B — Disbarment and Discipline of Attorneys)⁶

Key doctrines

The appropriate disciplinary penalty depends on the Court’s sound discretion in light of the surrounding facts. The Court may also reconsider and reduce a suspension after evaluating the circumstances and analogous cases. When ordered to serve a suspension, a lawyer may be directed to notify the Supreme Court of its commencement and furnish notice to the relevant courts, quasi-judicial bodies, and adverse parties. (Simmons v. Alisuag., A.C. No. 11543, 28 July 2020)⁷ (Villamor v. Jumao-As., A.C. No. 8111, 15 February 2022)⁸ (Lehnert v. Diño., A.C. No. 12174, 28 August 2018)⁹

Exceptions

For a suspended Covered Lawyer under the pro bono legal aid rules, required service is rendered during the portion of the compliance period when suspension is no longer effective, subject to the prescribed grace period. If suspension prevents practice throughout the entire compliance period, no penalty is imposed for unserved minimum hours, but those hours carry over to the next compliance period. (Rule 2, Sec. 8, A.M. No. 22-11-01-SC)¹⁰

Bar tip

Identify who imposed the suspension and whether the Supreme Court has taken further action; do not treat an IBP recommendation as the final suspension order. (Rule 138, Sec. 28, Rule 138 — Attorneys and Admission to Bar)¹ (Rule 139-B, Sec. 12, Rule 139-B — Disbarment and Discipline of Attorneys)⁶