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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

During a five-month suspension for professional misconduct under CPRA, Atty. Dela Cruz signs and files a motion for relief from judgment in a civil action and participates in the hearing on the motion, with the court and opposing counsel aware of the suspension. After the suspension ends, the client seeks relief from the adverse ruling and damages arising from acts during the suspension; opposing counsel contends such acts were improper and void. Which statement best states (i) the controlling rule under Canon VI, Sec. 52; (ii) the status of the suspended lawyer’s acts during the suspension; and (iii) the legal remedies for the client and the law firm arising from those acts?

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The acts during the suspension are enforceable if the opposing party and the court were aware of the suspension; the client bears the risk, and there is no automatic remedy for damages. The acts are procedural irregularities that may be cured by a formal motion for relief from judgment, but they are otherwise harmless and do not invalidate the ruling. The acts are void but cannot give rise to damages if the client did not suffer actual prejudice; the law firm bears no liability. The acts are void ab initio; Canon VI, Sec. 52 prohibits the practice of law by a suspended attorney; acts performed during suspension are not binding; the client may seek relief from judgments/orders obtained during the suspension and may recover damages; the law firm may also be liable for damages.

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