In re Castro Figueroa

96 P.R. 310
CourtSupreme Court of Puerto Rico
DecidedJune 27, 1968
DocketNo. D-65-2
StatusPublished

This text of 96 P.R. 310 (In re Castro Figueroa) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Castro Figueroa, 96 P.R. 310 (prsupreme 1968).

Opinion

per curiam :

The Solicitor General preferred six charges against attorney José Castro Figueroa for professional conduct. The same having been denied the Court appointed the then Superior Judge, Eduardo Ortiz Quiñones as Special Master, to hear and receive under oath in the presence of both parties the evidence they might introduce, and after hearing the evidence submitted, to certify and file it in the Office of the Secretary of the Court with his findings of fact. After hearing and receiving the oral and documentary evidence at a public hearing, in the presence of the parties, and after certifying the same, the Special Master submitted the following report with his findings of fact:

[311]*311“From the testimonies given at the hearings held on May 2, 3, 5, and 9, 1966 and from the documentary evidence presented, the Special Master made the following findings of fact in each one of the charges:

I

First Charge:

“Respondent, José Castro Figueroa, after the relations of attorney and client were established between him and Roberto Sierra Mayol, observed an immoral and improper conduct as an attorney in unduly and unlawfully appropriating a check in the sum of three thousand three hundred and thirty dollars ($3,330) belonging to the said Sierra Mayol and disposing of said check after it was endorsed by the latter, and appropriating to his own use and benefit the equivalent of its value in money thus giving reason for Sierra Mayol to file a civil action against him to recover the above-mentioned amount of money.
“On May 14, 1965 the Superior Court, San Juan Part, rendered judgment ordering respondent herein ‘to pay (to Sierra Mayol) the sum of $3,330 with interest at the rate of 6% per annum from January 21, 1964 to the date of its payment, plus costs and $350 for attorney’s fees.’

Findings of Fact:

“1. Roberto Sierra Mayol retained the professional services of Mr. José Castro Figueroa for $100 to continue representing him before the Superior Court of Puerto Rico, San Juan Part, in a divorce suit, Civil No. RF-63-1239, in which he was defendant and counterclaimant, because his counsel Mr. Sánchez Baha-monde had withdrawn because of illness. This litigation concluded in a judgment denying the divorce.
“2. Subsequently Mr. Castro Figueroa assumed the representation of Sierra Mayol in a suit for Support Civil No. RF-63-2850, Piñero Widow of Mayol et al. v. Sierra et al., before the San Juan Part of the Superior Court of Puerto Rico, in another action for divorce filed on November 13, 1963 by his wife under No. 63-3496 before the Caguas Part of the Superior Court of Puerto Rico; and in two incidents of. contempt before the Superior Court, Caguas Part, on June 10, 1964 and September 11, 1964, for noncompliance with an order to provide for the support of his daughter.
[312]*312“3. In January 1964, Sierra Mayol delivered to Mr. Castro Figueroa check No. 41,334 drawn by Caribbean Construction Corporation in the name of Roberto Sierra Mayol and Rosanna López Sierra for the amount of $3,330. This check had been certified by the Santurce Branch of the Banco de Ponce on June 25, 1963 under No. 3-2539 and was endorsed by Sierra Mayol. Mr. Castro Figueroa promised to obtain an authorization of the court so that Sierra Mayol could cash said check because his wife refused to endorse it.
“4. On January 17, 1964 Mr. Castro Figueroa and Mr. Carmelo Avila Medina, counsel of Mrs. Rosanna López Sierra in the divorce suit before the Superior Court, Caguas Part, signed a stipulation, which was approved by Mrs. López on January 20, 1964, accepting that the amount of the aforementioned check was a separate property which belonged to Sierra Mayol exclusively. Mrs. López endorsed the check, which continued in the possession of Mr. Castro Figueroa.
“5. Mr. Castro Figueroa added his endorsement to the aforementioned check, and on January 20, 1964 he went to cash it at the First Federal Savings & Loan Association of Puerto Rico of Santurce, Puerto Rico, receiving $3,330.
“6. At the repeated requests of Sierra Mayol concerning the check mentioned, Mr. Castro Figueroa answered that he had not been able to obtain the authorization of the court to cash it. In April 1964, Sierra Mayol found out that the check was not in the Caguas Part of the Superior Court and at his new requests Mr. Castro Figueroa countered with more promises and excuses but he did not receive any amount of money.
“7. Sierra Mayol has not paid Mr. Castro Figueroa for his professional services. On Monday, September 21, 1964, Sierra Mayol and his mother, Cecilia Mayol Sierra, succeeded in conferring with Mr. Castro Figueroa and required him to deliver the check immediately. He promised to go next day to the Caguas Court to obtain the authorization and to deliver the money on Thursday at one o’clock in the afternoon. That day they did not find him in his office.
“8. Some days later, Sierra Mayol visited Mr. Castro Figueroa’s office again and his secretary, Miss Isabel Pizarro Cachola, gave him a bill dated September 28, 1964, charging $1,500 for each one of the divorce cases, $900 in the case for [313]*313support, and $100 for each one of the motions for contempt; for a total of $4,600, with a credit of $3,330, leaving a balance of $1,300 in favor of Mr. Castro Figueroa. The bill was accompanied by a note which read: ‘Roberto: — If you agree with this bill sign the copy and leave it in my office. Thank you. (Signed) José Castro Figueroa.’
“9. Sierra Mayol retained the professional services of Mr. Joseph W. Kiefer so that he would collect from Mr. Castro Figueroa the amount of the check. Mr. Castro Figueroa informed Mr. Kiefer personally that he was going to deliver the money, but failed to do so.
“10. On October 26, 1964, Mr. Kiefer, as Sierra Mayol’s counsel, filed a complaint for the recovery of money under No. 64-4340 before the Superior Court, San Juan Part. Judge Luis R. Polo, entered judgment by default on May 14, 1965. On July 9, 1965 Mr. Castro Figueroa filed a Motion for Reconsideration requesting the court to set aside the judgment by default, to reopen the case and, admitting that he had the money in his safe at the disposal of Sierra Mayol, and that ‘if he does not want to pay defendant’s attorney’s fees, or the fees the defendant must collect from him, this is not sufficient cause to refuse to receive his money which the defendant had in custody.’ The judgment was set aside on August 6, 1965.
“11. On August 18, 1965 Mr. Kiefer sent a registered letter to Mr. Castro Figueroa requesting the payment of the money or the depositing thereof in the court and did not receive any answer. On October 15, 1965 he filed an amended complaint requesting treble damages. In his amended answer of November 12, 1965, Mr. Castro Figueroa admitted having the money deposited in his office at the disposal of Sierra Mayol but alleging that the latter refused to accept it. On January 31, 1966 a hearing in default was held before Judge Manuel A'. Moreda but the same was set aside because a motion for continuance filed on January 25, 1965 and which at that time did not appear attached to the record had not been considered.

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