A, a practicing lawyer represented B in the intestate proceedings of his father. The agreement is on a contingency basis as B did not have money to pay the services of A. To secure the payment of B's obligation, they executed a mortgage over ¼ of what B will receive from the estate of his father. Is the mortgage valid?
A)Yes, because what is prohibited by law is sale between the client and the lawyer.
B)Yes, because it merely serves as security for the payment of an obligation.
C)No, because even if what is prohibited by law is sale, it is a circumvention of the law.
D)Yes, because of the liberty of contracts.

Question

Quizplus · Accepted Answer

The mortgage is not valid because it can be seen as a circumvention of the prohibition against sales between a lawyer and their client regarding the subject matter of litigation. This rule is in place to prevent any potential exploitation or conflict of interest that could arise from such transactions.

A, a Practicing Lawyer Represented B in the Intestate Proceedings