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CANON 9:

•A LAWYER SHALL NOT DIRECTLY OR INDIRECTLY


unauthorized
ASSIST IN THE
practice of law
CANON 9: UNAUTHORIZED

• NON LAWYERS • Paralegals


• Secretaries
• Pretenders
• Bar passers but not signed ROA
CANON 9: UNAUTHORIZED
• Foreign lawyers
• NOT A LAWYER• Suspended lawyers/
not good standing
• LAWYER, BUT • Unqualified
CANON 9: PURPOSE
Protect the public,
client and bar from
• NO UPL! incompetency and
dishonesty
CANON 9:

•A LAWYER SHALL NOT DIRECTLY OR INDIRECTLY


ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW
CANON 9: PRACTICE OF LAW
• any activity, in or out of court,
which requires the application of • Signing of pleading
• law, • Notary
• legal procedure,
• knowledge,
• Teaching
• training and •Bar passers but not signed
• experience. the ROA
CANON 9.01:
•A Lawyer shall not delegate to any
unqualified person the performance of any
task which by law, may only be performed
by the member of the bar with good
standing
RULE 9.01 : CASE: Tapay V Bancolo
• Was there an UP doing POL?
• What was the unauthorized POL performed?
• Was there a lawyer who enabled such practice?
• So then, was there a violation of the Rule 9.01?
RULE 9.01: CASE: Cambaliza v Tenorio

• Atty tenorio violated the rule 9.01 when she allowed her
husband, a non-lawyer, to practice by making him a senior
partner in her law office.

• This is evidenced by 1) the law office letterhead whiich included


the husband as a senior partner, 2) an id wherein he signed as an
“Atty”, 3) appearance in court as counsel.
RULE 9.02:

•A Lawyer shall not divide or stipulate to


divide a fee for legal services with persons
not licensed to practice law
RULE 9.02: CASE: Amalgamated Laborers’
Association V. CIR
Agreement between the labor union officers and their lawyers:
30% attorneys' fees divided equally amongst:

• Atty. Carbonell,
• Atty. Fernandez and
• Felisberto Javier, the labor union president.
No PF sharing to non lawyers
RULE 9.02: EXCEPT!

•Deceased lawyer’s fees made


during his lifetime
•Pension
RULE 9.02 EXERCISE CASE:
Tumbokon V Pefianco
• UP performing POL?
• Sharing of attorney’s fees with non lawyers?
• Lawyer enabler?
• So then, was there a violation of the Rule 9.02?

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