Prohibition against employment of disbarred or suspended lawyer | Nature of Disciplinary Proceedings Against Lawyers | LEGAL ETHICS: CANON VI. Accountability

PROHIBITION AGAINST EMPLOYMENT OF A DISBARRED OR SUSPENDED LAWYER
(Philippine Legal Context and Jurisprudence)

I. INTRODUCTION

In the Philippines, the legal profession is under the direct supervision and control of the Supreme Court pursuant to Article VIII, Section 5(5) of the 1987 Constitution. This power encompasses admission to the Bar, disbarment, suspension, and discipline of lawyers. The Code of Professional Responsibility (CPR) and other Supreme Court issuances govern the conduct of lawyers.

One of the long-standing rules in Philippine legal ethics is the prohibition against the employment of a disbarred or suspended lawyer in acts constituting the practice of law. This ensures that the Supreme Court’s disciplinary orders are neither circumvented nor undermined, and that public confidence in the legal profession is preserved.

II. RELEVANT LEGAL AND ETHICAL PROVISIONS

  1. Code of Professional Responsibility

    • The CPR is the principal guide governing the professional conduct of lawyers. Although the prohibition is not found under a single, stand-alone rule captioned “Prohibition Against Employment of a Disbarred or Suspended Lawyer,” it arises from multiple canons and rules on lawyer accountability, unauthorized practice, and the profession’s integrity.
    • Canon 9 of the CPR (though not explicitly labeled “Canon VI” in the text of the 1988 CPR) states that lawyers “shall not… directly or indirectly assist in the unauthorized practice of law.” Employing a disbarred or suspended lawyer to perform acts that constitute practice of law falls squarely under “assisting unauthorized practice.”

  2. Supreme Court Jurisdiction Over Practice of Law

    • Under Article VIII, Section 5(5) of the 1987 Constitution, the Supreme Court has the power to promulgate rules concerning the admission and discipline of members of the Bar.
    • The Supreme Court’s disciplinary orders suspending or disbarring lawyers are strictly enforced. Violation of these orders or collusion to circumvent these orders is subject to contempt powers and further administrative sanctions.

  3. Rules of Court, Rule 138

    • Governs the admission to the Bar and disciplinary actions against lawyers. Once a lawyer is disbarred or suspended, his or her privilege to practice law is removed or curtailed.
    • “Practice of law” is expansively interpreted to include (a) court appearances, (b) giving legal advice, (c) drafting pleadings or contracts, (d) holding oneself out as authorized to practice law, etc.

III. RATIONALE FOR THE PROHIBITION

  1. Protection of the Public and the Profession

    • The disciplinary process exists to protect the administration of justice and the public. A lawyer disbarred or suspended is deemed unfit to practice for reasons such as misconduct, moral turpitude, or professional breaches.
    • Allowing a suspended or disbarred lawyer to continue performing legal functions through employment in a law office would weaken the effect of the Supreme Court’s disciplinary sanction and mislead the public.

  2. Preservation of Court Authority and Integrity

    • When the Supreme Court imposes suspension or disbarment, it is an exercise of its constitutional prerogative to regulate the profession. Evasion or circumvention of such an order undermines the Court’s authority.

  3. Preventing Unauthorized Practice of Law

    • The practice of law is a privilege, not a right. A disbarred or suspended lawyer has lost, temporarily or permanently, the license and standing to appear or act as counsel.
    • Unauthorized practice includes any act—whether direct or indirect—that demands legal knowledge or skill, such as representation in courts, giving legal advice, drafting pleadings, or preparing legal documents.

IV. SCOPE OF THE PROHIBITION

  1. Covered Acts

    • Court Representation: A disbarred or suspended lawyer cannot appear before any court or administrative tribunal.
    • Legal Advice: They cannot give legal opinion or counsel to clients.
    • Drafting of Legal Documents: They cannot draft pleadings, contracts, or legal instruments that require a lawyer’s expertise or signature.
    • Negotiation and Settlement: They cannot handle legal negotiations on behalf of clients.
    • Holding Out as “Legal Consultant”: Even the title “Legal Consultant” or “Paralegal” can be problematic if the disbarred/suspended lawyer is effectively acting as counsel.

  2. Permissible Non-Legal Tasks

    • In very narrow circumstances, a law office or entity may employ a disbarred or suspended lawyer for purely clerical or administrative work—i.e., work that does not involve giving legal advice or preparing legal documents. However, these permissible tasks must be strictly clerical or administrative and must not cross the line into any form of legal practice.
    • The burden is on the employing firm or lawyer to ensure that the disbarred or suspended individual is absolutely excluded from any legal tasks. Any slippage or oversight can result in disciplinary action for both the employer and the former lawyer.

V. CONSEQUENCES OF VIOLATING THE PROHIBITION

  1. Contempt and Administrative Sanctions

    • If a disbarred or suspended lawyer is found performing acts constituting the practice of law, that individual can be cited for contempt of court.
    • The Supreme Court can impose fines, imprisonment for contempt, or extended/renewed suspensions (in case the lawyer was merely suspended).
    • In the case of a disbarred lawyer, any attempt to practice or misrepresent one’s capacity can foreclose future petitions for reinstatement.

  2. Disciplinary Action Against the Employing Lawyer

    • A lawyer or law firm that employs or collaborates with a disbarred/suspended lawyer to engage in the practice of law may also face disciplinary sanctions, including suspension or disbarment, for abetting unauthorized practice.
    • This flows from Canon 9 (“A lawyer shall not directly or indirectly assist in the unauthorized practice of law”) and the duty to uphold the dignity and authority of the Supreme Court’s orders.

  3. Nullity of Acts

    • Contracts, pleadings, or legal documents prepared by a disbarred or suspended lawyer in violation of this prohibition may be considered null and void or defective.
    • This can have severe repercussions for the client’s rights and for the justice system.

VI. RELEVANT PHILIPPINE SUPREME COURT DECISIONS

While the Supreme Court has issued numerous decisions involving the unauthorized practice of law, key jurisprudential points consistently underscore the following principles:

  1. Broad Definition of Practice of Law

    • The Court has held that drafting pleadings, giving legal advice, and representation before tribunals all constitute practice of law. Thus, employing a disbarred or suspended lawyer to perform any of these tasks is prohibited.

  2. Firm Stance on Disciplinary Orders

    • The Supreme Court repeatedly emphasizes that suspension or disbarment is not to be lightly or indirectly undone. A disbarred or suspended lawyer must not continue practicing under any guise.

  3. Vicarious Liability for Collaborating Lawyers

    • In several disciplinary cases, the Court disciplined or warned lawyers who knowingly employed disbarred or suspended colleagues for legal tasks, reaffirming the principle that no lawyer should assist or enable an unlicensed individual to perform acts requiring a law license.

(Note: Specific case names may vary; typical examples would be those where the Supreme Court imposes penalties for unauthorized practice or for employing disbarred lawyers. The Court’s consistent rulings emphasize that the discipline is meant to protect the public and uphold the integrity of the Bar.)

VII. GUIDELINES FOR COMPLIANCE

  1. Strict Implementation in Law Offices

    • Law offices must conduct background checks to ensure no disbarred or suspended lawyer is engaged for legal tasks.
    • If a person’s license status is uncertain, the employer should verify with the Supreme Court or the Integrated Bar of the Philippines (IBP).

  2. Clear Delineation of Duties

    • If a disbarred or suspended lawyer is employed for allowable administrative or non-legal tasks, the scope of duties must be precisely defined and supervised.
    • Any deviation toward legal work must be strictly forbidden.

  3. Monitoring and Reporting

    • Lawyers have an obligation to report unauthorized practice of law. If a disbarred or suspended lawyer is discovered to be performing legal tasks, it must be brought to the attention of the proper authorities to avoid complicity.

  4. Preventive Steps for Suspended Lawyers

    • A suspended lawyer should refrain from using “Atty.” or any professional title implying the privilege to practice.
    • They must also avoid giving any legal opinions or acting on behalf of clients during the suspension period.

VIII. READMISSION OR REINSTATEMENT

  1. Petition for Reinstatement

    • A disbarred lawyer may petition the Supreme Court for reinstatement after a period of time, showing full rehabilitation, remorse, and fitness to resume practice.
    • The Court’s decision on reinstatement heavily weighs the applicant’s compliance with prior disciplinary orders. Any violation, such as unauthorized practice during disbarment, significantly jeopardizes reinstatement.

  2. Expiration of Suspension

    • A suspended lawyer may automatically resume practice after the lapse of the suspension period, provided no further violations or disciplinary cases are pending.
    • If the lawyer engaged in prohibited practice during suspension, the Court may impose heavier sanctions, extending or converting the suspension into disbarment.

IX. CONCLUSION

The prohibition against employing a disbarred or suspended lawyer for acts constituting the practice of law is a foundational rule in Philippine legal ethics. It safeguards the public, maintains the Supreme Court’s disciplinary authority, and protects the integrity of the profession. Lawyers, law firms, and other entities must ensure complete compliance to avoid serious disciplinary consequences.

Through consistent rulings and clear ethical standards, the Supreme Court has underscored that suspension or disbarment is not merely symbolic: a disbarred or suspended lawyer is stripped—either permanently or temporarily—of the privilege to practice law. Any attempt to sidestep these sanctions erodes the public trust in the profession and will be met with firm legal and ethical repercussions.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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