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C engaged the services of attorney D concerning various mortgage contracts entered into by her husband from whom she is separated, fearful that her real estate properties will be foreclosed and of impending suits for sums of money against her. Attorney D advised C to give him her land titles covering her lots so he could sell them to enable her to pay her creditors. He then persuaded her to execute deeds of sale in his favor without any monetary or valuable consideration, to which C agreed on condition that he would sell the lots and from the proceeds pay her creditors. Later on, C came to know that attorney D did not sell her lots but instead paid her creditors with his own funds and had her land titles registered in his name.
Did attorney D violate the Code of Professional Responsibility? Explain.
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1 comment:
II.
Attorney D violated the Code of Professional Responsibility, particularly Canon 15 which states that a lawyer shall observe candor, fairness and loyalty in all his dealings and transactions with his client.
The relationship between an attorney and a client is highly fiduciary in nature and demands utmost fidelity and good faith. In the case at bar, Attorney D’s conduct is not only dishonest but also deceitful.
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