Title
IN RE: Booram
Case
Decision Date
Dec 13, 1918
Attorney W. H. Booram suspended for two years after charging the entire collected amount (P132.58) as his fee, violating professional ethics and fiduciary duty.

Case Digest (G.R. No. 235469)
Expanded Legal Reasoning Model

Facts:

  • Background and Procedural History
    • A complaint was filed against W. H. Booram, an attorney-at-law, on December 5, 1916, by A. T. Hashim for unprofessional conduct.
    • The complaint was subsequently forwarded to the Attorney-General of the Philippine Islands for investigation in accordance with section 21 of the Code of Civil Procedure.
  • Investigation and Evidentiary Proceedings
    • The Attorney-General conducted an investigation and, on July 9, 1917, recommended that Booram be suspended from the practice of law.
    • Evidence was taken by a commissioner appointed by the court, and although Booram raised objections regarding the hearing, the record indicated that his objection was rendered moot by his own responses and the exhibits filed.
  • Transaction and Fee Collection Details
    • The dispute originated from an account A. T. Hashim had against Antonio Villeta, a tailor, for the sum of P265.17.
    • W. H. Booram was entrusted with collecting the said amount on behalf of Hashim.
    • In executing his duty, Booram collected a cash amount of P40 and goods (clothing) amounting to P92.58, cumulatively representing only half of the total claim.
  • The November 22, 1916 Transaction
    • On November 22, 1916, Booram, along with Mahoney, made a return to Hashim detailing the collection:
      • The return stated: "To attorney fees vs. A. Villeta 50 per cent of P265.17, amounting to P132.58."
      • The entire collected amount (P132.58) was reported as attorney fees, despite the fact that only half of the original claim was collected.
    • There was no dispute over the factual occurrence of this transaction.
  • Booram’s Defense and Court’s Observation
    • Booram attempted to justify his conduct by alleging that Hashim owed him for previous legal work.
    • The court found his explanation unsatisfactory, noting that collecting an account for P265.17 and retaining half of it as his fee was indefensible.
    • His further argument that he had done additional work for which he was unpaid was also found insufficient to excuse his misconduct.

Issues:

  • Whether W. H. Booram’s act of collecting the entire amount received (P132.58) as his fee, even though it represented only half of the client's account, constitutes unprofessional conduct.
  • Whether Booram’s justification, claiming that Hashim owed him for previous work and additional unpaid legal services, is a valid defense to such conduct.
  • Whether the recommendation by the Attorney-General to suspend Booram from the practice of law for a period of two years is supported by the evidence and proper under the ethical and professional standards of the legal profession.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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