Q.

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.
Answer» C. No, because even if what is prohibited by law is sale, it is a circumvention of the law;
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