Practice question
A lawyer signed the Roll years ago but is presently suspended from practice. He argues the historic signature alone creates an unconditional right to appear while suspension remains effective. Under amended Rule 138, which is correct?
- Signing permanently overrides every later discipline
- The member must remain in good and regular standing; the old signature does not authorize practice during an effective suspension
- A client may lift suspension by signing a retainer
- The office keeping the Roll may privately disregard the Court's order
- The lawyer may decide the suspension has expired early
Legal references
- https://lawphil.net/courts/rules/pdf/am_24-10-05-sc_2025.pdf — A.M. No. 24-10-05-SC, August 12, 2025, effective November 3, 2025; amended Rule 138 §§1,6–13,15–19.
- https://www.lawphil.net/judjuris/juri2013/sep2013/bm_2540_2013.html — In re Medado, B.M. No. 2540, September 24, 2013, EN BANC MAIN resolution (Roll signature and unauthorized practice; historical penalty not a current fixed sanction).
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