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3. Suspended Lawyer

1. The Supreme Court suspended indefinitely Atty. Fernandez from the practice of law for gross immorality. He asked the Municipal Circuit Trial Court Judge of his town if he can be appointed counsel de oficio for Tony, a childhood friend who is accused of theft. The judge refused because Atty. Fernandez’s name appears in the Supreme Court’s List of Suspended Lawyers. Atty. Fernandez then inquired if he can appear as a friend for Tony to defend him.

If you were the judge, will you authorize him to appear in your court as a friend for Tony? 5%

2. Supposing Tony is a defendant in a civil case for collection of sum of money before the same court, can Atty. Fernandez appear for him to conduct his litigation? 5%

1 comment:

Anonymous said...

III.

1.

I will authorize Atty. Fernandez to appear in my court as a friend of Tony. The Rules of Court provide that in cases before the Municipal Trial Court, a person who has a case therein may appoint a friend (whether a lawyer or not) to conduct the litigation. The suspension of Atty. Fernandez, therefore, is not a hindrance to represent his friend because even non-lawyers may appear before the MTC.

2.

Yes. The abovementioned rule makes no distinction between a criminal case and a civil case.

April 4, 2008 at 5:09 PM

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