2017 Legal and Judicial Ethics, Q7

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%)

Quick check

Under Canon III of the Code of Professional Responsibility and Accountability, may a lawyer share notarial fees with a non-lawyer?

Under Rule 3, Section 16 of the Rules of Court, within what period must a lawyer inform the court of his client's death?

What is the legal effect of a client's death on the attorney-client relationship in a pending civil action?

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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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.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026