2024 Remedial Law, Q18

Atty. Cassandra, a solo legal practitioner, hired Sandro as a legal researcher. Atty. Cassandra has an appeal brief due on September 25, 2024. However, Atty. Cassandra contracted monkeypox and suffered high fever, severe headache, and muscle fatigue. Atty. Cassandra then instructed Sandro to finish the appeal brief, affix her signature, and file the pleading with the Court of Appeals. Did Atty. Cassandra violate any provision of the Code of Professional Responsibility and Accountability? Explain.

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Did Atty. Cassandra commit an ethical violation by instructing her non-lawyer legal researcher to finish, sign, and file the appeal brief?

Under Canon II of the Code of Professional Responsibility and Accountability, what is prohibited regarding non-lawyers?

What legal certification is implied when a lawyer signs a court pleading under the Rules of Court?

Which of the following tasks may a lawyer validly delegate to a non-lawyer legal researcher?

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How does a lawyer's severe medical illness affect the rule prohibiting the delegation of pleading execution to non-lawyers?

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1. Unauthorized Practice
Under Canon II of the Code of Professional Responsibility and Accountability (CPRA), a lawyer shall not assist in, encourage, or permit the unauthorized practice of law by a non-lawyer. The practice of law is a privilege limited strictly to individuals who have completed the necessary legal education, passed the Bar examinations, taken the lawyer's oath, and maintained good standing. Allowing a non-lawyer legal researcher to independently complete, sign, and file appellate pleadings constitutes improper facilitation of unauthorized legal practice.

2. Delegation of Duties
While a lawyer may utilize paralegals and legal researchers to perform preliminary legal research, draft internal memoranda, or organize case files, the lawyer remains personally and non-delegably responsible for all legal work submitted to courts. A lawyer cannot delegate to a non-lawyer tasks that require the exercise of independent legal judgment, such as finalizing pleadings or representing clients. Delegating the core function of pleading preparation violates ethical standards governing the legal profession.

3. Signature on Pleadings
The signature of a lawyer on a pleading constitutes a solemn certification under Rule 7 of the Rules of Court and the CPRA that the lawyer has read the document, that it is grounded in fact and law, and that it is not interposed for delay. Signing a pleading is a personal act that directly engages the lawyer's professional responsibility. A lawyer cannot authorize a non-lawyer assistant to affix the lawyer's signature onto court pleadings.

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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