d. Duty of Counsel of Record

EFFECT OF DEATH OF PARTY LITIGANT

The death of the client extinguishes the attorney-client relationship and divests a counsel of his authority to represent the client; neither does he become the counsel of the heirs of the deceased unless said heirs engage his services.

Whenever a party to a pending action dies, and the claim is not thereby extinguished, it shall be the duty of his counsel to:

• Inform the court within thirty (30) days after such death of the fact thereof, and
• Give the name and address of his legal representative or representatives. (Rule 3, Sec. 16)

Failure of counsel to comply with this duty shall be a ground for disciplinary action.

The heirs of the deceased may be allowed to be substituted for the deceased, without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs. (Rule 3, Sec. 16)

The purpose behind this rule is the protection of the right to due process of every party to the litigation who may be affected by the intervening death. The deceased litigant is herself or himself protected as he/she continues to be properly represented in the suit through the duly appointed legal representative of his estate.

Duty of the Counsel upon Death of His Client

Whenever a party to a pending action dies, it is the duty of the counsel of the deceased party to inform the court of such fact within 30 days after such death.

Counsel also has the obligation to give the name and address of the legal representative of the deceased.

Such duty is MANDATORY and failure to comply is a ground for disciplinary action

Absence of counsel de parte

The hearing shall proceed upon the appointment by the Court of a counsel de officio