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Effect of death of lawyer on administrative cases, C6S12 CPRA

Section 12, Canon VI

SECTION 12. Effect of death of lawyer on administrative disciplinary cases. – Disciplinary proceedings may not be instituted against a lawyer who has died. If such proceedings have been instituted notwithstanding the lawyer’s death, the administrative case against said lawyer shall be dismissed.
The death of the lawyer during the pendency of the case shall cause its dismissal. (2023 Code of Professional Responsibility and Accountability or CPRA)

1. Effect of death of lawyer on administrative disciplinary cases

a. No disciplinary proceedings against a dead lawyer

If a lawyer is dead, no disciplinary proceedings may be instituted or initiated. If a case has already been filed, it will be dismissed.

1) Death pending proceedings

The administrative case will be dismissed if the lawyer who is the respondent in the case dies during the pendency of the proceedings.

References

Canon VI, 2023 Code of Professional Responsibility

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