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All Jurisprudence based

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

Facts: Nina Valdez, a non-lawyer, operates a paralegal service that drafts pleadings and files them for a fee. She drafts a complaint for client Daniel Santos and signs the document as "Attorney for Daniel Santos" and files it in the Regional Trial Court. The court accepts the filing and the case proceeds for several months before the misrepresentation is discovered. A licensed attorney later reviews the matter and identifies Nina as the signer. (a) Is Nina Valdez 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 Nina's conduct under CPRA? Distinguish the types of sanctions that may be imposed. (c) Who may be liable for penalties in this scenario (Nina Valdez, Daniel Santos, the licensed attorney who engaged Nina), and why? Explain with the CPRA's accountability framework.

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Yes; Nina Valdez committed Unauthorized Practice of Law; CPRA penalties include fines and possible imprisonment for Nina, and the attorney who engaged Nina may be liable under CPRA's accountability framework; the client is liable only if he knowingly participated. Yes; Nina Valdez committed UPL; penalties are limited to administrative fines issued solely against Nina; the attorney who engaged Nina is automatically liable; the client bears no liability. Yes; Nina Valdez committed UPL; sanctions under CPRA apply to both Nina and the attorney who engaged her, but not to the client unless he knowingly participated. Yes; the client Daniel Santos is automatically liable for penalties for hiring a non-lawyer to draft pleadings.

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