A. You had just taken your oath as a new lawyer. The secretary of a big university offered to get you as the university’s notary public. She explained that the faculty and students would be sent to you to have their documentations and affidavits notarized; and that the arrangement would be very lucrative for you. However, the secretary wants you to share with her half of your earnings throughout the year.
Will you agree to the arrangement proposed by the secretary of the university? Explain your answer. (4%)
B. The plaintiff died during the pendency of the case in the RTC. If you were the counsel of the plaintiff, what is the last duty you need to discharge in behalf of the late client before your professional engagement for the case may be deemed terminated? Explain briefly your answer. (4%)
Suggested answer only. Not an official answer and not legal advice.
In A, I will not agree to the arrangement. In B, my last duty is to inform the court of the client's death and provide the names and addresses of his legal representatives. Under the CPRA, a lawyer is prohibited
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Quick check
Under Canon III of the Code of Professional Responsibility and Accountability, may a lawyer share notarial fees with a non-lawyer?
Lawyers are strictly prohibited from sharing legal or notarial fees with non-lawyers under the CPRA.
Under Rule 3, Section 16 of the Rules of Court, within what period must a lawyer inform the court of his client's death?
Counsel must inform the court of the client's death within thirty days after such death occurs.
What is the legal effect of a client's death on the attorney-client relationship in a pending civil action?
The death of a client terminates the lawyer's authority and agency to act on behalf of the deceased.
What specific information must a lawyer provide to the court upon informing it of the plaintiff's death?
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Why is fee-splitting with a university secretary in exchange for notarization referrals considered unethical?
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Learn more about these topics
1. Fee-Splitting Prohibition
Under Canon III of the Code of Professional Responsibility and Accountability (CPRA), a lawyer is strictly prohibited from sharing legal fees, including notarial fees, with non-lawyers. Legal fees represent compensation for professional legal services that only licensed members of the bar are qualified to render. Entering into a financial arrangement where a lawyer shares half of notarial earnings with a university secretary constitutes unlawful fee-splitting and commercialization of the legal profession.
2. Duty Upon Death
Under Rule 3, Section 16 of the Rules of Court, whenever a party to a pending action dies and the claim is not thereby extinguished, it is the mandatory duty of his counsel to inform the court within thirty days after such death. Counsel must also give the name and address of the deceased client's legal representative or heirs. This requirement ensures that the court maintains proper jurisdiction over the case.
3. Substitution of Parties
Upon the death of a client, the lawyer's agency and authority to act on behalf of the deceased client automatically terminate by operation of law. Counsel cannot continue actively prosecuting the case without proper substitution of parties by the court. By providing the names and addresses of the legal representatives, counsel enables the court to order the substitution of the deceased party and serve proper legal notices on the heirs.