Lawyers as Dummies in Land Deals: Ethical Breach and Unauthorized Practice

The Supreme Court has long held that lawyers must uphold the law, not devise ways around it. In McKinney v. Bañares (A.C. No. 10808, April 25, 2023), the Court disciplined a lawyer who helped a corporation circumvent constitutional limits on owning public land by using a fellow lawyer as a ** for clients to circumvent constitutional and statutory limits on land ownership, especially for public lands covered by free patents.

• The ban on corporations owning public land is strict. Any scheme to hold title temporarily in a lawyer's name and transfer it later violates the Constitution and the CPR.
• Elected officials who are lawyers cannot practice law. Following up on cases, giving status updates, or signing documents related to legal transactions while in public office may constitute unauthorized practice.
• A lawyer must clearly state when acting in a non-lawyer capacity. Failing to do so can lead to disciplinary liability.
• A complainant's desistance does not end an administrative case. The Court may proceed based on the record, and the death of one respondent does not absolve others.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.