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Disciplinary Action Against Atty. Aurelio

Atty. Leonardo Aurelio filed lawsuits against Bun Siong Yao and two companies that Yao held a majority share in. Aurelio was the brother-in-law of Yao's wife and had previously invested in the companies. Yao refused to return Aurelio's investments after Aurelio and Yao's wife had a disagreement. Yao claimed Aurelio was abusing his position as the companies' counsel by using confidential client information against them. The court ruled that Aurelio violated the Code of Professional Responsibility by disclosing protected client communications without consent and using information obtained through his legal representation against his clients. Aurelio was suspended from practicing law for six months.

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MikkaEllaAncla
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22 views1 page

Disciplinary Action Against Atty. Aurelio

Atty. Leonardo Aurelio filed lawsuits against Bun Siong Yao and two companies that Yao held a majority share in. Aurelio was the brother-in-law of Yao's wife and had previously invested in the companies. Yao refused to return Aurelio's investments after Aurelio and Yao's wife had a disagreement. Yao claimed Aurelio was abusing his position as the companies' counsel by using confidential client information against them. The court ruled that Aurelio violated the Code of Professional Responsibility by disclosing protected client communications without consent and using information obtained through his legal representation against his clients. Aurelio was suspended from practicing law for six months.

Uploaded by

MikkaEllaAncla
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Ancla, Mikka Ella J.

LLB- 1Manresa
Bun Siong Yao v. Atty. Leonardo Aurelio
FACTS:
Atty. Leonardo Aurelio was the brother-in-Law of Mrs. Yao (Bun Siong Yao’s wife). Mrs.
Yao and Atty. Aurelio had a disagreement. Hence, the latter demanded the return of his
investments in the two (2) companies where majority share was held by Bun Siong Yao.
However, Bun Siong Yao refused, which made Aurelio file these suits to retaliate. Bun
Siong Yao challenged these suits, saying that he is abusing the attorney-client relationship
by filing suits against the company in which he is retained as counsel, by using information
(for the suits) he obtained in his capacity as counsel and as Bun Siong Yao’s personal
lawyer, under the guise of a “concerned stockholder”.
ISSUE:
Whether or not respondent has violated the Code of Professional Responsibility.
RULING:
Yes. The long-established rule is that an attorney is not permitted to disclose
communications made to him in his professional character by a client, unless the latter
consents. Atty. Aurelio violated Canons 17 and 21 of the Code of Professional
Responsibility.
Canon 17—A lawyer owes fidelity to the cause of his client and shall be mindful of the
trust and confidence reposed on him thus, protection given to the client is perpetual and
does not cease with the termination of the litigation, nor is it affected by the party’s
ceasing to employ the attorney and retaining another, or by any other change of relation
between them. It even survives the death of the client.”
CANON 21 –A lawyer shall preserve the confidences and secrets of the client
Notwithstanding the veracity of his allegations, respondent’s act of filing multiple suits on
similar cases of action in different venues constitutes forum-shopping, as correctly found
by the investigating commissioner. This highlights his motives rather than his cause of
action. Respondent took advantage of his being a lawyer in order to get back at the
complainant. In doing so, he has inevitably utilized information he has obtained from his
dealings with complainant and complainant’s companies for his own end.
In sum, the court find that respondent's actuations amount to a breach of his duty to
uphold good faith and fairness, sufficient to warrant the imposition of disciplinary
sanction of suspension from the practice of law for a period of six (6) months effective
upon receipt of this Decision.

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