Beta

Flashcards Studio

Practice bar questions and get clear AI feedback on every answer.

Study Settings View Stats

Topic

Question Type

Essay Multiple Choice

Question Source

All Jurisprudence based

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

Eduardo Tan, a non-lawyer, works as a paralegal at a mid-sized law firm. He drafts a petition for client Armand Cruz and signs the pleading as "Attorney for Armand Cruz" and personally files it with the Regional Trial Court. The court accepts the filing and the case proceeds for several weeks before the misrepresentation is discovered by a reviewing attorney from a licensed firm. (a) Is Eduardo Tan engaged in Unauthorized Practice of Law under CPRA (A.M. No. 22-09-01-SC)? Identify the controlling rule and the actors involved. (b) What penalties may be imposed for Eduardo's conduct under CPRA? Distinguish the types of sanctions that may be imposed. (c) Who may be liable for penalties in this scenario (Eduardo Tan, Armand Cruz, the licensed attorney who engaged Eduardo), and why? Explain with the CPRA's accountability framework.

Choose the Best Answer

Yes; The only penalties are criminal penalties under the Revised Penal Code for usurpation; Administrative sanctions do not apply to non-lawyers. Yes; The client who hired Eduardo is also liable for penalties regardless of knowledge if the misrepresentation occurred. Yes; Eduardo is liable, but penalties are limited to civil damages; The CPRA does not authorize any form of administrative sanction against non-lawyers. Yes; Eduardo Tan's signing as 'Attorney for Armand Cruz' and filing the pleading constitutes Unauthorized Practice of Law under CPRA; Penalties include administrative sanctions (fines, suspension or disbarment) imposed by the Supreme Court; Eduardo is primarily liable, and the supervising attorney who employed him may also be held liable; The client is liable only if he knowingly participated or benefited.

Load another random question

Your Progress

No data Retention

Tracked Cards: 0
Accuracy: No data
Retained: 0

View Detailed Analytics

Difficulty Breakdown

Answer flashcards to build a real score-based difficulty breakdown.

Current Streak 0 Days

Start a streak with this card.

Suggested Decks

View All

Leech Cards

Review

No recent weak flashcards in your saved workbook.

More

Flashcards Studio

Question

Choose the Best Answer

Hello