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All Jurisprudence based

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

During an eight-month suspension for professional misconduct under CPRA, Atty. Flores signs and files a petition for relief from an arbitral award in a civil dispute and participates in the arbitration hearing, with the arbitral panel and opposing counsel aware of the suspension. After the suspension ends, the client seeks relief from the arbitral award and damages arising from acts during the suspension; opposing counsel contends such acts were improper and void. (a) Identify the controlling rule under Canon VI, Sec. 52 that governs this scenario. (b) Did Atty. Flores’s signing and appearance constitute the practice of law during the suspension? Should such acts be considered void, voidable, or enforceable? (c) What are the legal consequences and possible remedies for the client and the law firm arising from the suspended lawyer’s acts?

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Although the acts may be considered unauthorized practice, voiding the arbitral award is not automatic; relief must be sought on the merits of the award. The acts are voidable at the option of the client if the client promptly files a motion to declare void before the arbitral panel or court, otherwise the acts are enforceable. Canon VI, Sec. 52 provides that any act by a suspended or disbarred lawyer in the practice of law is void and of no legal effect; the signing and appearance in the arbitration proceedings during the suspension are acts in the practice of law and are void; the client may seek relief from the arbitral award and damages against the lawyer and the firm. The acts are enforceable so long as the opposing party did not object and the presiding arbitrator knew of the suspension; knowledge by the tribunal validates the acts.

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