estate.
means legitimate, legally enforceable debts. In almost every case any and all debts will be
"just debts" and will be paid out of the estate, but if the executor of the will believes that a claim
made by a creditor against the state is not legitimate and legally enforceable, he generally has
a duty to contest it on behalf of the estate
Grounds for disbarment can proceed independently of civil and criminal cases. As Justice
Malcolm stated "the serious consequences of disbarment or suspension should follow only
where there is a clear preponderance of evidence against the respondent. The presumption is
that the attorney is innocent of the charges proferred and has performed his duty as an officer
of the court in accordance with his oath."
Under Sec. 27, Rule 138 of the Rules of Court, a member of the Bar may be disbarred or
suspended from his office as attorney by the Supreme Court for:
(1) any deceit, malpractice, or other gross misconduct in such office, grossly immoral
conduct, or by reason of his conviction of a crime involving moral turpitude, or
(2) any violation of the oath which he is required to take before admission to practice, or
for a willful disobedience of any lawful order of a superior court, or
(3) corruptly or willfully appearing as an attorney for a party to a case without authority to
do so.
Grossly Immoral Conduct It is difficult to state with precision and to fix an inflexible
standard as to what is "grossly immoral conduct" or to specify the moral delinquency and
obliquity which render a lawyer unworthy of continuing as a member of the bar. The rule implies
that what appears to be unconventional behavior to the straight-laced may not be the immoral
conduct that warrants disbarment.
A grossly immoral act must be so corrupt and false as to constitute a criminal act or so
unprincipled as to be reprehensible to a high degree.
Good Moral Character is a continuing condition to preserve their membership in the Bar in
good standing. The continued possession of good moral character is a requisite condition for
remaining in the practice of law
uphold the integrity and dignity of the legal profession and refrain from any act or omission
which might lessen the trust and confidence reposed by the public in the fidelity, honesty,
and integrity of the legal profession
Immorality has not been confined to sexual matters, but includes conduct inconsistent with
rectitude, or indicative of corruption, indecency, depravity and dissoluteness; or is willful,
flagrant, or shameless conduct showing moral indifference to opinions of respectable members
of the community, and an inconsiderate attitude toward good order and public welfare
Moral Turpitude "includes everything which is done contrary to justice, honesty, modesty, or
good morals. It involves "an act of baseness, vileness, or depravity in the private duties which
a man owes his fellow men, or to society in general, contrary to the accepted and customary
rule of right and duty between man and woman, or conduct contrary to justice, honesty,
modesty, or good morals."