In re Guzmán Juarbe

80 P.R. 689
Procedural entryThis page is a short order in In re Guzmán Juarbe. Read the opinion of the Court — 80 P.R. Dec. 713
Supreme Court of Puerto Rico·Decided September 23, 1958·No. No. 93·Published

Opinion

Mr. Justice Pérez Pimentel

delivered the opinion of the Court.

By virtue of our order of July 22, 1957, the Fiscal of this Court filed a disbarment proceeding against Antonio Guzmán Juarbe, attorney at law, preferring the following charges:

“First Charge

“6. — The respondent, Antonio Guzmán Juarbe, voluntarily, maliciously, and knowingly, violated the oath which he took as an attorney at law on April 9, 1951, and, specifically, Canon No. 6 of the Canons of Professional Ethics, 48 P.R.R. XI, XIII, leaving the interests of his client, Juan Carides Martinez, in [691]*691a complete state of abandonment and defenselessness, by assuming, without the latter’s consent, the representation of other adverse and conflicting interests, filing in court thereafter, on June 9, 1956, a complaint against him involving the same transaction for which the said client had engaged his professional services; further taking undue advantage of his client’s good faith by using the said Carides Martinez to induce other persons injured in the accident in question to engage also his professional services, the respondent knowing that there existed conflicting interests between the latter and his client; and, as it appears from paragraphs 2, 4, and 5 of the supporting memorandum which the respondent filed in this Court, his action was not moved by a desire to promote the best interests of justice in general and of his clients in particular but by the personal economic benefit which he would derive from such action.

“Second Charge

“7. — The respondent, Antonio Guzmán Juarbe, voluntarily, maliciously, and knowingly, violated the provisions of the act which requires court authorization to settle and compromise the interests of a minor — 31 L.P.R.A. § 786, p. 531, by joining as coplaintiff minor Juan López Varela in Segundo Laureano et als. v. Juan Carides et als., civil case No. S.C. 56-329, damages, causing him to appear in the complaint in his own name and capacity, which he did not have under the law, and notwithstanding the fact that the father of the said minor lived in Isabela, Puerto Rico, he was not caused to appear in behalf and representation of his minor son, as required by law. But, on. the contrary, the said respondent, together with the attorneys for the defendants, on June 26, 1956 subscribed and filed in Court, in the name and representation of all the plaintiffs, among them minor Juan López Varela, a motion for judgment by stipulation, agreeing with the other party that the Great American Indemnity Co. should pay to the said minor the sum of $100 and the U. S. Casualty Company the sum of $50 as indemnity for the damages suffered by him, without the proper court authorization required by law in such cases. The respondent permitted minor Juan López Varela to collect on June 29, 1956, the amount stipulated for the damages and to sign personally on that date proper release, despite the fact that it was not until the following day, June 30, 1956, that the respondent, Antonio Guzmán Juarbe, acting this time as notary public, set [692]*692up deed No. 15, dated June 30, 1956, for the emancipation of the said minor by his father, Félix López Pérez. That both the fact of the minority and emancipation of the child were withheld from the Superior Court of Aguadilla, which, not knowing that one of the plaintiffs was a minor; on July 12, 1956 rendered judgment by stipulation according to the terms of the motion filed, as a result of which the said judgment is voidable as to the minor concerned by reason of the improper conduct of the respondent.”

The respondent answered denying the charges and setting forth the following:

“Special Defenses and New Matters

“In order to acquaint this Hon. Court with all data, facts, and circumstances relating to his professional conduct with respect to Juan Carides Martínez and the other litigants involved in the automobile accident which occurred on May 5, 1955, the appearing party hereby sets forth the following special defenses and informs that his professional conduct in connection with his legal representation was as follows:

“A. — On May 26, 1955, Juan Carides Martinez called at the law office of the appearing party. He requested his professional services to represent him in a criminal case before the District Court of Puerto Rico, Aguadilla Part acting in Isabela, for an alleged violation of § 17(a) and (e) of the Automobile and Traffic Act of Puerto Rico. On that date Carides Martinez explained to the appearing party, in preliminary form, the manner in which the accident had occurred. The appearing party agreed to represent Carides Martinez in the criminal case. The hearing was set for June 6, 1955.

“The appearing party assumed his representation gratuitously after Carides stated that he would engage him to represent him in the civil action which might arise as a result of the accident. Subsequent to May 26, 1955, the appearing party, upon organizing the evidence in the criminal action, learned that the witnesses were'the same persons who suffered injuries in the same accident. After the hearing of the criminal case on June 6, 1955, the court acquitted Carides Martinez. That same day, after the hearing of the criminal case, Carides Martinez and the other injured persons called on the appearing party at his office in Isabela. As a result of that visit, the [693]*693appearing party agreed to represent Juan Carides and the seven injured persons and took the first steps in the civil case. To this end, he wrote to the insurance agents and held a conference in San Juan with officers of Compañía Carrión, Inc., the insurer of the truck involved in the crash with Carides Martinez’s vehicle. The officers of that insurance company informed the appearing party that, according to their investigation, Carides Martinez was the only one responsible for the accident. The appearing party conducted a personal investigation and arrived at the conclusion that the statements made by the agents of Compañía Carrión, Inc. were correct. From that conclusion arose a conflict of interests between Carides Martínez and the other seven injured persons. On July 6, 1955, the appearing party had a conference in his Isabela office with Carides Martínez and the seven injured persons. At that conference the appearing party stated that, since there' were conflicting interests, he would no longer represent Carides Martínez and advised the latter to engage the professional services of José Veray, Jr. On September 22, 1955, the appearing party wrote to Carides Martinez urging him to call at his Isabela law office. Carides called and the appearing party again advised him to engage the services of an attorney at law to represent him in the civil claim. On October 11, 1955, the appearing party again wrote to Carides Martinez urging him to call on October 15, 1955, at 11:00 a.m., at the office of José Veray, Jr., in Isabela, who wished to see him. Subsequent to October 15, 1955, Carides Martinez again called at the office of the appearing party insisting that, according to the information given him by José Veray, Jr., the appearing party would be able to represent him in the civil claim. The appearing party told him categorically that he could not represent him because he was compelled to file a claim against him and the company with which his vehicle was insured. In November 1955, the appearing party handed all the papers to Carides and ratified his inability to represent him and his obligation to file a complaint against him.

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