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Legal & Judicial Ethics, M.P.Lacsie, 2015 pg.

Rule 9.01 - A lawyer shall not delegate to any unqualified person the performance of any task which by
law may only be performed by a member of the bar in good standing.
This provision speaks that lawyers should not delegate to a layman any work which involves the application of law,
such as the computation and determination of the period within which to appeal an adverse judgment.
Signing a pleading is such a solemn component of legal practice that this court has taken occasion to decry the
delegation of this task to non-lawyers as a violation of the Code of Professional Responsibility: xxx The signature of
counsel constitutes an assurance by him that he has read the pleading; that, to the best of his knowledge, information
and belief, there is a good ground to support it; and that it is not interposed for delay. Under the Rules of Court, it is
counsel alone, by affixing his signature, who can certify to these matters. xxx The preparation and signing of a pleading
constitute legal work involving practice of law which is reserved exclusively for the members of the legal profession.
Counsel may delegate the signing of a pleading to another lawyer but cannot do so in favor of one who is not. (Uy Vs.
Maghari, A.C. No. 10525, September 1, 2015)
In Guballa vs. Caguioa, G.R. No. L-46537, July 29, 1977, lawyer is prohibited from taking as partner or associate
any person who is not authorized to practice law to appear in court or to sign pleadings. A lawyer, who is under
suspension from practice of law is not a member of the Bar in good standing. A lawyer whose authority to practice has
been withdrawn due to a change in citizenship or allegiance to the country cannot appear before the courts.
In Plus Builders, Inc. Vs. Revilla, Jr., A.C. No. 7056, September 13, 2006, the court agree with the finding of IBP
Commissioner Espina that the silence or failure of respondent to challenge the allegation that he allowed non-lawyers
to engage in the unauthorized practice of law may be deemed an admission of the truth of the accusation. We note that
complainants successfully substantiated their claim that respondent, who held himself out as a law partner of the KDC
Legal Services, Law Offices and Associates, was rendering legal services together with persons not licensed to practice
law. His silence on this accusation is deemed an admission, especially because he had every chance to deny it
It does not follow however that the retained lawyer automatically authorized to make such delegation to qualified
person. A client-lawyer relationship is a personal one. The retained counsel cannot just get another lawyer to represent
the client without the latters consent. The reason is that attorneys are selected on account of their special fitness
through their learning or probity for work in hand (Lamport Vs. Aetna Life Insurance, 1933) (Legal & Judicial Ethics,
Pineda, 1999, Pg. 109)
Comments of IBP Committee, pp. 47-48 - A lawyer can employ lay secretaries, lay investigators, lay detectives, lay
researchers, accountants or non-lawyer draftsmen, to undertake any task not involving practice of law. He may also
avail himself of the assistance of law students in many of the fields of the lawyers work, such as the examination of a
case law, finding and interviewing witness, examining court records, delivering papers, and similar matters.

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