Practice question
While counsel is litigating title to a client's parcel, the client proposes an immediate transfer of present ownership of part of that disputed parcel to counsel. The arrangement is a present proprietary acquisition, not a fee contingent on a future recovery. Counsel argues that the client's willingness alone removes Section 51. Which answer is best?
- Willingness always overrides every prohibition
- A present transfer is never a proprietary interest
- The lawyer cannot justify the stated prohibited present acquisition solely by client willingness
- Every fee label makes property acquisition permissible
- The dispute ceases merely because counsel signs the deed
Legal references
- CPRA Canon III, Section 51, A.M. No. 22-09-01-SC (issued text, PDF page25): https://bir-cdn.bir.gov.ph/local/pdf/RMC%20No.%20123-2023%20Annex%20A.pdf
- Civil Code, Article 1491(5): https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
Answer this question in flashcards to review your response and continue practicing.