ACTIVITY NO.

Question No.1:

Is death of a client, with heirs, a valid ground for the lawyer to withdraw his
services?

Answer:

It depends, based on the general rule prescribed by Canon 22 of the Code of

Professional Responsibility which states that,” A lawyer shall withdraw his services only for
good cause and upon notice appropriate in the circumstances.” In a case when the death of
client which is the accused, with his heirs, is considered valid cause for withdrawal in
criminal cases wherein the death terminates the case. The death of the client herein, makes
the impossibility of continuation of the lawyer-client relationship. However, in the case
where the client is the victim, and the lawyer was paid in full for his services, he shall
continue to prosecute the case. Furthermore, in civil cases, where the lawyer was paid in
full for his services, especially when the properties of the client are at stake or there is an
interest of a third party that should be protected such as obligation arises from loan, taxes,
etc., the peculiar consequences arise. Hence, even when the client and his heirs died, if the
lawyer-client relationship may continue, until there is notice or approval of the court for the
lawyer’s withdrawal of service, he will be remained counsel of record who is expected by his
client as well as by the court to do what the interests of his client require.

Question No. 2:

Is rendition of free legal service a matter of charity?

Answer:

No, Legal service or aid is not a matter of charity. It is a means for the correction of
social imbalances that may and often do lead to injustice, for which the reason it is a public
responsibility of the Bar. The spirit of public service should, therefore, underlie all legal aid
offices. The same should be so administered as to give maximum possible assistance to the
indigent and deserving members of the community in all cases, matters and situations in
which legal aid may be necessary to forestall an injustice (Public Service, Sec. 1, Art. 1 of
the IBP Guidelines on Legal Aid)

Question No. 3:
 A lawyer is also a CPA. What should he likewise do if a person seeks to engage his
professional services?

Answer:

The lawyer should make clear to his client what service he is acting upon, if he is
acting as a lawyer or as a CPA. Under Rule 15.08, Canon 18 of the Code of Professional
Responsibility, “A lawyer who is engaged in another profession or occupation concurrently
with the practice of law shall make clear to his client whether he is acting as a lawyer or in
another capacity.” This rule is intended for the benefit of both the client and the lawyer to
avoid confusion.

Question No. 4:

The client testified falsely in court contrary to what he told to his lawyer. What
should the lawyer do?

Answer:

The lawyer should promptly call upon his client to rectify his false testimony by
recanting the same before the court. If the client fail or refuse to do so, the lawyer then
shall terminate their relationship as under Rule 19.02, Canon 19 of Code of Professional
Responsibility which states that, “A lawyer who has received information that his client has,
in the course of the representation, perpetrated a fraud upon a person or tribunal, shall
promptly call upon the client to rectify the same, and failing which he shall terminate the
relationship with such client in accordance with the Rules of Court.”