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Indigent person, C5S3 CPRA

Section 3, Canon V

SECTION 3. Indigent person. – A lawyer shall not refuse the representation of an indigent person, except if:
(a) the lawyer is not in a position to carry out the work effectively or competently due to a justifiable cause;
(b) the lawyer will be placed in a conflict-of-interest situation; or
(c) the lawyer is related to the potential adverse party, within the sixth degree of consanguinity or affinity, or to the adverse counsel, within the fourth degree.
An indigent is any person who has no money or property sufficient for food, shelter and other basic necessities for oneself and one’s family. (2023 Code of Professional Responsibility and Accountability or CPRA)

1. Indigent person

Indigent – is “any person who has no money or property sufficient for food, shelter and other basic necessities for oneself and one’s family.” (CPRA, Section 3, Canon IV)

a. No refusing indigent person

Under this section, lawyers are prohibited from refusing “the representation of an indigent person. “

1) Exceptions

The prohibition against refusing indigent persons is subject to the following exceptions:

1) The lawyer is not in a position to carry out the work effectively or competently due to a justifiable cause;

2) The lawyer will be placed in a conflict-of-interest situation; or

3) The lawyer is related to the potential adverse party, within the sixth (6th) degree of consanguinity or affinity, or to the adverse counsel, within the fourth (4th) degree.

References

Canon V, 2023 Code of Professional Responsibility

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