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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

During a seven-month suspension for professional misconduct under CPRA, Atty. Santos signs and files a complaint for damages in a civil action and participates in the initial status conference, with the court and opposing counsel aware of the suspension. After the suspension ends, the client seeks relief from the adverse judgment and damages arising from acts during the suspension; opposing counsel contends such acts were improper and void. Which statement best states (i) the controlling rule under Canon VI, Sec. 52; (ii) the status of the suspended lawyer’s acts during the suspension; and (iii) the legal remedies for the client and the law firm arising from those acts?

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Canon VI, Sec. 52 prohibits the practice of law by a suspended or disbarred lawyer; any act constituting the practice of law performed during the suspension is void; the client may seek relief from judgments or other adverse rulings and may recover damages from the suspended lawyer and the law firm. The acts have no bearing on the case if the opposing party did not raise an objection during the suspension. Such acts are voidable at the option of the client, provided the opposing party was prejudiced, and the client can sue for damages only if the court later finds the acts void. The acts are enforceable if the client consented to the legal representation despite knowledge of the suspension.

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