Atty. B is a newly admitted member of the Philippine Bar. As a means to manage his heavy case load, Atty. B delegated the preparation and signing of all motions for extension of time to his secretary, Ms. D. On the signature page of every motion, the following would appear:
“Ms. D for B Law Office”
X, one of Atty. B’s clients, expressed concern over such practice. Atty. B reassured him that the same is completely permissible as lawyers are allowed to devise means to efficiently manage their workload. Besides, Ms. D is acting under his full knowledge and authority.
Does the practice of Atty. B of having his motions for extension of time signed by Ms. D constitute any violation of the Code of Professional Responsibility? Explain. (2.5%)
Suggested answer only. Not an official answer and not legal advice.
Yes, Atty. B's practice of having his motions signed by his secretary violates the Code of Professional Responsibility and Accountability (CPRA). Under Canon II, Section 35 of the CPRA and Rule 7, Section 3 of the Rules of Court, a lawyer shall not delegate to
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Quick check
May a lawyer delegate the signing of motions for extension of time to a non-lawyer legal secretary?
Signing court pleadings constitutes the practice of law and cannot be delegated to a non-lawyer secretary.
What is the legal effect under Rule 7, Section 3 of the Rules of Court when an attorney's signature is affixed by a secretary?
The duty to sign pleadings is personal to the lawyer and cannot be delegated to a secretary.
Under Canon II, Section 35 of the CPRA, what is prohibited regarding non-lawyer personnel?
Lawyers are strictly prohibited from delegating tasks requiring legal skill and discretion to non-lawyers.
Does an attorney's full knowledge and authorization validate a secretary's signing of court motions?
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What ethical violation is committed when a lawyer permits a non-lawyer secretary to sign court pleadings?
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Learn more about these topics
1. Delegation of Functions
Under Canon II, Section 35 of the Code of Professional Responsibility and Accountability (CPRA), a lawyer shall not delegate to an unqualified person the performance of any task which by law may only be performed by a member of the Bar in good standing. The preparation, drafting, and signing of legal pleadings and motions require legal knowledge, training, and professional discretion. A lawyer who delegates such tasks to a non-lawyer secretary violates ethical duties and compromises the proper administration of justice.
2. Unauthorized Practice Law
The practice of law is a privilege restricted strictly to individuals who have satisfied the educational, moral, and examination requirements for admission to the Bar. Signing court pleadings and motions constitutes the practice of law because it involves legal skill and binds the client to court representations. A non-lawyer secretary who signs pleadings, even under the attorney's direction or authority, engages in the unauthorized practice of law, which the lawyer is ethically prohibited from permitting or assisting.
3. Signing Court Pleadings
Rule 7, Section 3 of the Rules of Court mandates that every pleading must be signed by the attorney of record or by the party personally. The lawyer's signature certifies that the pleading has been read, that it is well-grounded in fact and law, and that it is not interposed for delay. Allowing a secretary to sign motions for extension of time on behalf of the law office destroys the legal certification requirement, rendering the pleading improperly signed and exposing the attorney to administrative liability.