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Prohibition against employment of disbarred or suspended lawyer, C6S52 CPRA

Section 52, Canon VI

SECTION 52. Prohibition against employment of disbarred or suspended lawyer. – A lawyer who has been disbarred or suspended shall not be employed or engaged in the practice of law, including the performance of the following acts:
(a) Providing legal consultation or advice;
(b) Appearing on behalf of a client in any hearing or proceeding before any court, tribunal, or other government agency or office;
(c) Appearing as a representative of a client at a deposition or other discovery matter;
(d) Negotiating or transacting any legal matter for or on behalf of a client with third parties;
(e) Receiving, disbursing, or otherwise handling a client’s funds;
(f) Teaching law subjects in any educational institution; or
(g) Acting and being commissioned as a Notary Public.
A suspended lawyer shall immediately cease and desist from the practice of law until the suspension is lifted by the Supreme Court.
Any client previously represented by a suspended lawyer may engage the services of a new lawyer.
The disbarment or suspension of a handling lawyer shall not terminate the lawyer-client engagement between the client and the law firm, unless the client chooses otherwise. (2023 Code of Professional Responsibility and Accountability or CPRA)

1. Prohibition against employment of disbarred or suspended lawyer

a. Prohibition

Lawyers who have been disbarred or suspended cannot and should not “be employed or engaged in the practice of law, including the performance of the following acts”:

1 Providing legal consultation or advice;

2) Appearing on behalf of a client in any hearing or proceeding before any court, tribunal, or other government agency or office;

3) Appearing as a representative of a client at a deposition or other discovery matter;

4) Negotiating or transacting any legal matter for or on behalf of a client with third parties;

5) Receiving, disbursing, or otherwise handling a client’s funds;

6) Teaching law subjects in any educational institution; or

7) Acting and being commissioned as a Notary Public.

b. Suspended lawyers

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Suspended lawyers are required to “immediately cease and desist from the practice of law until the suspension is lifted by the Supreme Court.”

Due to the suspension, clients who have been previously represented by suspended lawyers “may engage the services of a new lawyer.”

c. Non-termination of lawyer-client engagement

Notwithstanding the disbarment or suspension of handling lawyers, such does not automatically terminate the lawyer-client engagement between the client and the law firm.

1) Exception

The above-mentioned rule is subject to the exception: “unless the client chooses otherwise.”

References

Canon VI, 2023 Code of Professional Responsibility

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