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Property Received by Them On Behalf of Their Clients and Failure To Do So

Atty. Bamberger represented S.M. Berger in a case and collected money from disposed properties, but failed to provide an accounting or turn over the money to his client despite repeated demands. The court found Atty. Bamberger guilty of professional misconduct for failing to promptly account for and deliver money received on his client's behalf. As attorneys are required to promptly account for client funds, and no valid excuse was provided for the failure to do so, Atty. Bamberger was disbarred.

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144 views1 page

Property Received by Them On Behalf of Their Clients and Failure To Do So

Atty. Bamberger represented S.M. Berger in a case and collected money from disposed properties, but failed to provide an accounting or turn over the money to his client despite repeated demands. The court found Atty. Bamberger guilty of professional misconduct for failing to promptly account for and deliver money received on his client's behalf. As attorneys are required to promptly account for client funds, and no valid excuse was provided for the failure to do so, Atty. Bamberger was disbarred.

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k santos
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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23. In Re Bamberger - Mr. Bamberger has not made any effort to render an accounting to S. M.

Berger
April 7, 1924 nor has he been willing to send or deliver to his client the money collected at any
By: Madrid time.
- That the excuse of the respondent that he could not render an accounting to his
Topic: client because Mr. Cedrun did not give him a list of the merchandise.
Petitioners: Atty.-General Villa-Real
Respondents: H.V. Bamberger ISSUE
Ponente: W/N Mr. Bamberger should be disbarred.

HELD/RATIO
RECIT-READY/SUMMARY: Atty. Bamberger represented S.M. Berger in a case. YES.
He won. There was personal properties attached. Atty. Bamberger disposed of - It was held during the proceedings that Mr. Cedrum declared that he was able to
the properties without informing S.M. Berger. S.M Berger wants Atty. furnish Mr. Bamberger with the list in question, and that Mr. Bamberger was even
Bamberger to give him his money but Atty. Bamberger refused with no reason. able to to note this in his notebook of the merchandise that was turned over.
Atty. Bamberger is disbarred. - Attorneys are bound to promptly account to their clients for money or property
received by them as such, and the fact that an attorney has lien for fees on money
DOCTRINE: Lawyers are bound to promptly account for money or in his hands does not relieve him from liability.
property received by them on behalf of their clients and failure to do so - Notwithstanding repeated demands on the part of his client, the defendant has
constitutes for several years failed to render an accounting of the money received by him on
professional misconduct. behalf of his client and the excuses offered for his failure to do so are so
inadequate as to merit no consideration.
FACTS - Atty. Bamberger is clearly guilty of professional misconduct in failing to account to
- Mr. H. V. Bamberger was attorney for the plaintiff in the case No. 4076 of the S.M. Berger & Co. for money received by his as attorney for the latter.
Court of First Instance of Iloilo entitled 'S. M. Berger, plaintiff vs. Enriquede Valera,
defendant' regarding a certain sum of money.
- Mr. Bamberger took possession of the personal property attached by the sheriff in
said case, as well as other personal property not attached, and the respondent
disposed of a certain amount of steel bars which the defendant Enrique de Valera
had deposited with the Chinaman King Chio.
- Mr. Bamberger, as he admitted in his answer and statement, has disposed of a lot
of 83 tins of canned peas at the price of 10 centavos per tin and one case of
catchup at the price of P10, without due authorization.
- While all the merchandise was in the possession of Mr. H. V. Bamberger, the
respondent, he collected and received the amount of P2,178.82 as he admitted,
either from debtors of Enrique de Valera, especially the Chinaman King Chio, or for
having disposed of some merchandise. It is also an admitted fact by him that he is
accountable for P1,187 to S. M. Berger & Co.
- That Mr. Bamberger has, on various occasions, required either by Mr. Block, in the
name of S. M. Berger & Co., or by Messrs. S. M. Berger & Co. themselves, to render
an immediate accounting, which he has disregarded without any reasonable cause.

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