FACTS:
Complainant is the former employee of the respondent in her
law office. The former charged the latter for malpractice or other gross
misconduct in the office for cooperating in the illegal practice of law by her
husband. The complainant submitted the following evidences: 1) the letterhead
of Cristal-Tenorio Law Office where the name of Felicisimo Tenorio, Jr.,
husband of the respondent, is listed as a senior partner; and 2.) a Sagip
Communication Radio’s Group identification card signed by the respondent where
her husband is identified as “Atty. Felicisimo Tenorio, Jr.”. She added that
respondent’s husband even appeared in court hearings. During the investigation
of the IBP, complainant filed a Motion to Withdraw Complaint. Respondent now
moved for the dismissal of the case for failure of the complainant to appear in
the said case.
ISSUES: 1. Whether or
not respondent is guilty of assisting in the unauthorized practice of law.
2. Whether or not a
Motion to Withdraw Complaint in a disbarment proceeding, the case may prosper.
HELD:
1. YES.
A lawyer who allows a non-member of the Bar to misrepresent himself as a lawyer
and to practice law is guilty of violating Canon 9 and Rule 9.01 of the Code of
Professional Responsibility. Public policy requires that the practice of law be
limited to those individuals found duly qualified in education and character.
The purpose is to protect the public, the court, the client, and the bar from
the incompetence or dishonesty of those unlicensed to practice law and not
subject to the disciplinary control of the Court. It devolves upon a lawyer to
see that this purpose is attained, otherwise, the law makes it a misbehavior on
his part subject to disciplinary action, to aid a layman in the unauthorized
practice of law.
2. YES.
A case of suspension or disbarment may proceed regardless of interest or lack
of interest of the complainant. Disciplinary proceedings involve no private
interest and afford no redress for private grievance. They are undertaken and
prosecuted solely for the public welfare.
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