CPRA III-VI

Fidelity

A lawyer's obligation to uphold the Constitution, follow the laws of the land, assist in the administration of justice, and advance or defend a client's cause with full devotion, genuine interest, and zeal in pursuit of truth and justice.

Practice of law

Rendering legal services, applying legal principles and judgment, and pursuing truth and justice for a person or cause through a lawyer-client relationship or other engagement governed by the Code of Professional Responsibility and Accountability for lawyers.

Responsible and accountable lawyer

Upholding the Constitution, obeying the laws of the land, promoting respect for laws and legal processes, safeguarding human rights, and maintaining the honor and integrity of the legal profession. Assisting in the speedy and efficient administration of justice as an officer of the court.

Lawyer-client relationship

Arises when a client consciously, voluntarily, and in good faith vests confidence in a lawyer for the purpose of rendering legal services such as providing legal advice or representation. The lawyer may agree to render these services either expressly or implicitly.

Written authorization

A lawyer can only bind a client in a legal engagement with written authorization through an agreement. The lawyer cannot compromise a client's litigation or receive anything in discharge of their claim without a special power of attorney for that purpose.

Court appearance

A written power of attorney is not required for a lawyer to appear in court on behalf of their client. The court assumes that the lawyer is properly authorized to represent their client unless otherwise proven by just cause.

Court's requirement of authority

The court may require a lawyer to produce or prove their authority to appear on behalf of their client on its own initiative or upon motion by either party if there is just cause for doing so.

Fiduciary duty

The trust and confidence that a client places in a lawyer. To uphold this duty, a lawyer should not abuse or exploit the relationship with their client.

Prohibited actions under Section 7

Filing or encouraging the filing of any unauthorized suit or proceeding without evidentiary support, unduly impeding the execution of a warranted order or judgment, and abusing court processes.

Duty to encourage settlement

Helping a client avoid, end, or settle a controversy through mediation or dispute resolution. Fulfilling this duty by actively assisting the parties and the court, tribunal, or other government agency in effecting mediation and/or dispute resolution.

Reporting client fraud

Promptly calling upon the client to rectify any information received about their client committing fraud in relation to a matter before a court or against an officer thereof. Failure to do so can result in termination of the engagement by the lawyer.

Responsibility for subordinate lawyers

A lawyer or law firm is responsible for the mistakes, negligence, and/or acts or omissions of their subordinate lawyers, paralegals, or employees under their direct supervision and control who are acting within the scope of assigned tasks. This liability does not attach if the supervising lawyer exercises diligence in selecting and supervising their subordinate lawyers, paralegals, or employees.

Responsibility of a supervisory lawyer

Responsible for a violation of the Code of Professional Responsibility and Accountability (CPRA) by a supervised lawyer if they order or direct the specific conduct, ratify it with knowledge, fail to take reasonable remedial action when they know of such conduct, or should have known of the conduct and failed to take reasonable remedial action.

Supervised lawyer

A lawyer who has direct supervisory authority over another lawyer, including a supervising lawyer under Rule 138-A of the Rules of Court.

Conflict of interest

When a lawyer represents inconsistent or opposing interests of two or more persons. It occurs when, in behalf of one client, it is the lawyer's duty to fight for an issue or claim, but which is their duty to oppose for another client.

Restrictions on conflict-of-interest representation for current clients

Prohibitions on entering into a business transaction adverse to a client without fair and reasonable terms, using confidential information without consent, acquiring substantial gifts from a client, accepting compensation from someone other than the client, and more.

Handling conflicts of interest with previous clients

Disclosing previous clients with potential conflicts of interest to the law firm and not acting on the case or cases of the affected current client if there is a potential conflict of interest.

Prohibition on dating, romantic, or sexual relations with a client

Unless the consensual relationship existed between them before the lawyer-client relationship commenced, such relationships are prohibited as they can compromise objectivity, professional judgment, and create a conflict of interest.

Rules regarding prospective clients

Disclosing any conflict of interest between a prospective client and current clients, maintaining the private confidences of a prospective client, and not using any information to further the lawyer's own interest or the interest of any current client.

Rules regarding former clients

Maintaining

Duty of confidentiality

A lawyer has a duty to maintain the confidences of their client and respect data privacy laws, even after the termination of the lawyer-client engagement.

Exceptions to revealing client confidences

A lawyer can reveal their client's confidences with written informed consent from the client, when required by law, to collect the lawyer's fees, in defense of the lawyer or their employees or associates, or by judicial order if material.

Duty of confidentiality for former lawyers

Former lawyers of a law firm are still bound by the rule on confidentiality pertaining to clients of their previous law office or law firm.

Disclosure of client confidences within a law firm

Members of a law firm can disclose legal matters entrusted by a client to partners, associates, paralegals, etc., unless expressly prohibited by the client. However, lawyers directly entrusted with a client's confidences must take necessary measures to prevent other members of the law firm from disclosing or using them without written informed consent from the client.

Prohibition on discussing client confidences

A lawyer is prohibited from discussing their client's confidences even with their family members.

Revealing consultation about a case

A lawyer is allowed to reveal that they have been consulted about a particular case only to avoid possible conflict of interest.

Prohibition on foreign lawyers practicing law in the Philippines

Foreign lawyers cannot practice law in the Philippines, directly or indirectly.

Encouragement for lawyers in the development of the legal profession

Lawyers are encouraged to participate in the development of the legal system, law reform, improvement of the administration of justice, strengthening the judicial and legal system, and advocacies in areas of special concern.

Definition of Limited Legal Services

Limited Legal Services refer to services for a specific legal incident, with the expectation that the lawyer will not provide continuing legal services in the matter.

Requirement to state Limited Legal Services

A lawyer shall state that the service being rendered is in the nature of Limited Legal Services.

Compensation for lawyers providing Limited Legal Services

A lawyer who renders Limited Legal Services shall be entitled to compensation as agreed upon or provided by the Rules of Court.

Duty of confidentiality for lawyers providing Limited Legal Services

A lawyer providing Limited Legal Services must protect the client's private confidences to the same extent as if engaged under regular terms.

Pro Bono Limited Legal Services for counsel de officio

A lawyer appointed as counsel de officio shall not refuse to render pro bono Limited Legal Services on the ground of conflict of interest and must disclose such conflict to all affected parties.

Exemption from pro bono service

A lawyer currently serving in the government shall not be exempt from pro bono service unless prohibited by law or applicable Civil Service rules and regulations or when there is a conflict of interest with the government.

Factors for determining fair and reasonable fees

Factors for determining fair and reasonable fees include time spent, novelty and difficulty of the issues, skill or expertise of the lawyer, probability of losing other engagements, customary charges, client's interest, contingency or certainty of compensation, character of the engagement, and other analogous factors.

Sharing fees with deceased lawyer's legal heirs

A lawyer is allowed to divide or share fees with the deceased lawyer's legal heirs or estate when undertaking to complete unfinished legal business.

Prohibition on sharing fees with unauthorized persons

A lawyer shall not share legal fees with persons or organizations not licensed or authorized to practice law.

Compensation from someone other than the client

A lawyer shall not receive compensation from anyone other than the client unless with the client's written informed consent.

Termination of engagement with a client

A lawyer shall terminate the lawyer-client engagement only for good cause and upon written notice in specific cases.

Termination of engagement by a client

A client may terminate their engagement with a lawyer at any time upon loss of trust and confidence.

Accounting and turnover upon termination of engagement

A lawyer who is discharged or terminates the engagement shall immediately render a full account and turn over all documents, evidence, funds, and properties belonging to the client.

Cooperation with chosen successor in transferring a legal matter

A lawyer shall cooperate with the chosen successor in the orderly transfer of the legal matter, including providing necessary information.

Enforcement of attorney's lien

A lawyer may enforce an attorney's lien by filing a Notice of Enforcement of Attorney's Lien with the court and providing proof of services rendered.

Treatment of attorney's lien in relation to the main case

The enforcement of an attorney's lien should be treated as an independent claim and should not delay the resolution of the main case.

Appeal in the main case and execution of attorney's lien

An appeal in the main case should not stay the execution of an attorney's lien, and the court should consider the pending claim of the lawyer in executing the judgment.

Claim

Collaborating Counsel

The prior written consent of a client for a lawyer to seek the assistance of another lawyer.

Promptness and Punctuality

The requirement for a lawyer to be diligent and punctual in all legal matters entrusted by their client, including appearances, submissions, meetings, and other commitments.

Diligence in Professional Undertakings

The expectation for a lawyer to observe diligence in all professional undertakings and not cause or occasion delay in any legal matter before any court, tribunal, or other agency.

Objective Assessment of Case Merits

The requirement for a lawyer to provide an objective assessment of the merits and probable results of their client's case after reasonable inquiry.

Duty to Keep Client Informed

The duty of a lawyer to regularly inform their client of the status and result of the matter they are handling and respond within a reasonable time to their client's request for information.

Acceptable Request for Extension of Time

The circumstances in which a lawyer can request an extension of time to file a pleading, motion, or other court submission, as allowed by the Rules of Court or for good cause.

Continuing Professional Development

The expectation for a competent lawyer to engage in lifelong learning through the continued development of professional skills.

Practice of Another Profession or Occupation

The requirement for a lawyer who practices another profession or occupation concurrently with law to expressly provide the nature of the services they are engaged to perform and ensure it does not jeopardize their competence, integrity, probity, and independence in rendering legal services.

Ethical Duties for Lawyers Engaged in Business or Non-Legal Profession

The expectation for a lawyer engaged in business or another non-legal profession to observe the ethical duties and responsibilities of a lawyer under the CPRA.

Principle of Equality

The principle that every lawyer should adhere to, believing that every person has the fundamental right to equal treatment and representation regardless of various circumstances.

Equal Treatment of Clients

The expectation for a lawyer to accord equal respect, attention, dedication, and zeal in advancing the client's cause, regardless of personal opinions or beliefs, except for justifiable reasons.

Prohibition of Discrimination in Accepting Clients

The prohibition for a lawyer to decline representation solely based on various factors, such as nationality, ethnicity, sexual orientation, religion, disability, age, marital status, social or economic status, political beliefs, or public opinion, except for justifiable reasons.

Treatment of Vulnerable Persons

The requirement for a lawyer to be mindful and sensitive to the special circumstances of clients belonging to vulnerable sectors and to observe a higher standard of service suited to their particular needs.

Definition of Indigent Person

Any person who has no money or property sufficient for food, shelter, and other basic necessities for themselves and their family.

Circumstances for Refusing Representation of an Indigent Person

The circumstances in which a lawyer can refuse representation of an indigent person, such as inability to carry out the work effectively, conflict of interest, or familial relationship with the potential adverse party or adverse counsel.

Standard of Service for All Clients

The requirement for a lawyer to observe the same standard of service for all clients, regardless of remuneration, except for the higher standard required for representation of vulnerable persons.

Role of a Lawyer in Society and the Legal Profession

The role of a lawyer as a guardian of the law and an administrator of justice, accountable to society, the courts, the legal profession, and their clients for their actions.

Nature of Disciplinary Proceedings against Lawyers

Disciplinary proceedings against lawyers are confidential in character and summary in nature, with the final order of the Supreme Court being published.

Initiation of Disciplinary Proceedings against Lawyers

Disciplinary proceedings against lawyers can be initiated by the Supreme Court, the Board of Governors of the Integrated Bar of the Philippines (IBP), or any person before the Supreme Court or the IBP.

Requirements for a Verified Complaint against a Lawyer

A verified complaint against a lawyer should be clear and concise, stating the acts or omissions complained of and supported by judicial affidavits of witnesses and other documents.

Recommendation of Investigating Commissioners

The Integrated Bar of the Philippines (IBP) recommends 150 lawyers in good standing and repute from its nine regions to serve as Investigating Commissioners for disciplinary proceedings against lawyers.

Assignment of Investigating Commissioners

Investigating Commissioners for disciplinary proceedings against lawyers are assigned by the Integrated Bar of the Philippines Board of Governors through raffle or a panel of three when special circumstances warrant it.

Disqualification of Investigating Commissioners

Investigating Commissioners can disqualify themselves or be disqualified due to various reasons, such as relationship, professional legal relationship, pecuniary interest, or previous representation of either party.

Duties of an Investigating Commissioner

The duties of an

Alleged contemnor

A person accused of failing to comply with a subpoena or lawful order issued by an Investigating Commissioner during disciplinary proceedings against lawyers.

Show cause

The requirement for an alleged contemnor to provide a reason or explanation within ten (10) calendar days from notice as to why they failed to comply with a subpoena or lawful order.

IBP Board of Governors

The governing body that can adopt, modify, or disapprove the recommendation of an Investigating Commissioner regarding indirect contempt charges during disciplinary proceedings against lawyers.

Indirect contempt charges

Charges of contempt that arise when an alleged contemnor fails to comply with a subpoena or lawful order issued by an Investigating Commissioner during disciplinary proceedings against lawyers.

Appeal

The process of challenging the action taken by the IBP Board of Governors regarding indirect contempt charges during disciplinary proceedings against lawyers, which can be brought before the Supreme Court.

Preliminary conference briefs

Documents filed by parties and counsels within ten (10) calendar days from receipt of a verified answer during disciplinary proceedings against lawyers, containing admissions, stipulation of facts, definition of issues, judicial affidavits, marked exhibits, and other relevant matters.

Preliminary Conference Order

An order issued by the Investigating Commissioner summarizing the stipulated facts, issues, and marked exhibits submitted by the parties and counsels during disciplinary proceedings against lawyers, and directing the submission of verified position papers.

Clarificatory hearing

A hearing conducted by the Investigating Commissioner within fifteen (15) calendar days from the determination of the need to clarify factual issues and confront witnesses during disciplinary proceedings against lawyers.

Subpoena

A legal order issued by the Investigating Commissioner to compel the appearance of a witness at the clarificatory hearing during disciplinary proceedings against lawyers.

Non-appearance

Failure to appear at the clarificatory hearing, which is deemed a waiver of the right to participate in the proceedings during disciplinary proceedings against lawyers.

Minutes of proceedings

A record of the proceedings before the IBP, which should be recorded during disciplinary proceedings against lawyers.

Report and recommendation

A document submitted by the Investigating Commissioner to the IBP Board of Governors within a specified period, summarizing the findings and recommendations regarding the disciplinary proceedings against lawyers.

Transcript of stenographic notes

A certified transcript of the proceedings, or in the absence thereof, the audio recording or personal notes of the Investigating Commissioner, which should accompany the report and recommendation during disciplinary proceedings against lawyers.

Videoconferencing

A method of conducting the clarificatory hearing through electronic means, allowing remote participation of parties and witnesses during disciplinary proceedings against lawyers.

IBP Board of Governors' Resolution

The decision or action taken by the IBP Board of Governors regarding the report and recommendation of the Investigating Commissioner, which is immediately executory during disciplinary proceedings against lawyers.

Depositions

Testimonies taken in accordance with the Rules of Civil Procedure, with the leave of the Investigating Commissioner, as provided for in the Canon.

Filing and service

The process of submitting papers or notices required by the Canon, which should be done with the Commission or upon the parties personally, using various methods such as registered mail, electronic mail, or other electronic means.

Substantial defects

Defects in the complaint, notice, answer, or proceedings that may result in the miscarriage of justice and can be raised as an error before the Supreme Court, unless they result in the deprivation of the right to due process.

Motion to reopen

A motion brought before the IBP Board of Governors within sixty (60) calendar days from knowledge, seeking to address a substantial defect that resulted in the deprivation of the right to due process.

Fact-finding bodies

Bodies designated or created by the Supreme Court to conduct investigations, reports, and recommendations in proceedings initiated by the Supreme Court or by complaint filed with the Supreme Court.

Preventive suspension

A measure imposed by the Supreme Court to prevent interference with an investigation, tampering with evidence, or intimidation, which can be recommended by the IBP Board of Governors, the Office of the Bar Confidant, or the designated fact-finding body.

Burden of proof

The responsibility of the complainant to establish the allegations against the respondent with substantial evidence in administrative disciplinary cases against lawyers.

Serious offenses

Offenses that include gross misconduct, serious dishonesty, bribery, gross negligence, conviction of a crime involving moral turpitude, grossly immoral conduct, misappropriation of client's funds, gross ignorance of the law, and other serious violations during disciplinary proceedings against lawyers.

Less serious offenses

Offenses that include simple misconduct, simple negligence, violation of Supreme Court rules, simple dishonesty, violations of conflict of interest rules, and other less serious

Fraternizing

Engaging in social or personal relationships with officials or employees of a court, tribunal, or government agency involved in a pending case.

Frivolous motions for inhibition

Filing unnecessary or baseless requests for a judge to recuse themselves from a case.

Failure to promptly call upon client to rectify a fraudulent act

Neglecting to immediately notify a client and take action to correct a fraudulent act committed by the client.

Serious offense

Offenses that may result in disbarment, suspension exceeding six months, revocation of notarial commission for at least two years, or a fine exceeding Php100,000.00.

Less serious offense

Offenses that may result in suspension for one to six months, revocation of notarial commission for less than two years, or a fine between P35,000.00 to P100,000.00.

Light offense

Offenses that may result in a fine between P1,000.00 to P35,000.00, censure, or reprimand.