|

Penalty when the respondent has been previously disbarred, C6S42 CPRA

Section 42, Canon VI

SECTION 42. Penalty when the respondent has been previously disbarred. – When the respondent has been previously disbarred and is subsequently found guilty of a new charge, the Court may impose a fine or order the disbarred lawyer to return the money or property to the client, when proper. If the new charge deserves the penalty of a disbarment or suspension from the practice of law, it shall not be imposed but the penalty shall be recorded in the personal file of the disbarred lawyer in the Office of the Bar Confidant or other office designated for the purpose. In the event that the disbarred lawyer applies for judicial clemency, the penalty so recorded shall be considered in the resolution of the same. (2023 Code of Professional Responsibility and Accountability or CPRA)

1. Penalty when the respondent has been previously disbarred

a. New charge

A disbarred lawyer who is subsequently found guilty of a new charge may be meted with either:

1) A fine, or

2) Order the disbarred lawyer to return the money or property to the client, when proper.

1) New charge deserves disbarment or suspension

For new charges that deserve disbarment or suspension, the penalty will not be imposed. Notwithstanding, the penalty will “be recorded in the personal file of the disbarred lawyer in the Office of the Bar Confidant or other office designated for the purpose.”

a) Judicial clemency

The said penalty so recorded will be considered if the disbarred lawyer subsequently applies for judicial clemency.

References

Canon VI, 2023 Code of Professional Responsibility

Similar Posts