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All Jurisprudence based

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

In a civil action where NovoTech sues Pacifica Pharma, Atty. Diego Ramos represents NovoTech. Unknown to NovoTech, Ramos's sister is employed as a senior researcher at Pacifica Pharma and participates in defense strategy from behind the scenes. Ramos did not disclose this relationship before or during filing. (a) State the CPRA Sec. 20 rule on Disclosure of Relationship or Connection and who is obligated to disclose to whom. (b) Apply the rule to the facts: can Ramos continue representing NovoTech after disclosure, and under what conditions? (c) If Ramos failed to disclose, what disciplinary and remedial consequences may apply, and what steps should be taken to protect the client?

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Disclosure must be to the opposing party to ensure a fair trial. Disclose to the client the existence of any relationship or connection that could affect representation; the client may decide to proceed with the lawyer’s continued representation after informed consent; failure to disclose may lead to disqualification and possible disciplinary action. The obligation to disclose lies with the client; the attorney is not required to volunteer information about relatives. Failure to disclose requires the attorney to withdraw from the case and is punishable as a crime.

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