CPRA Cannon 1 & 2 Flashcards
Proper Conduct; Dignified Conduct – Sections 1 and 2
Proper conduct. — L shall not engage in dudmi conduct.
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Section 1: Proper Conduct
Key Points:
1. Lawyers must not engage in unlawful conduct
2. Lawyers must not engage in dishonest conduct
3. Lawyers must not engage in immoral conduct
4. Lawyers must not engage in deceitful conduct
Example:
A lawyer who knowingly submits falsified documents to the court is violating this section by engaging in unlawful, dishonest, and deceitful conduct.
Proper Conduct; Dignified Conduct – Sections 1 and 2
Discuss Dignified conduct
Section 2. Dignified conduct. — A lawyer shall respect the LCTGaOE & P,
and act with co, ci, fa, & ca towards fellow MoB.
A lawyer shall not engage in conduct that adversely reflects on one’s fitness to practice law, nor behave in a scandalous manner, whether in public or private life, to the discredit of the legal profession.
Section 2: Dignified Conduct
Key Points:
1. Respect for law and legal institutions
2. Courtesy and civility towards colleagues
3. Fairness and candor in professional dealings
4. Maintaining fitness to practice law
5. Avoiding scandalous behavior
Example:
A lawyer who maintains a professional demeanour in court, addresses the judge respectfully, and treats opposing counsel with courtesy is adhering to the principles of dignified conduct.
Conversely, a lawyer who engages in a drunken brawl at a public event, even if not related to their legal practice, would be violating this section as it reflects poorly on their fitness to practice law and discredits the legal profession.
Memorization Tips:
For Section 1, remember the “4 Un’s”:
- Unlawful
- Unethical (dishonest)
- Unseemly (immoral)
- Untrue (deceitful)
For Section 2, use the acronym “RCFFS”:
- Respect (for law and institutions)
- Courtesy (towards colleagues)
- Fairness (in dealings)
- Fitness (to practice law)
- Scandal-free practice
Use of Dignified, Gender-Fair, and Child- and Culturally
Sensitive Language – Section 4
DGS language
Section 4. Use of dignified, gender-fair, and child- and culturally-sensitive language. — A lawyer shall use only dignified, gender-fair, child- and culturally-sensitive language in all personal and professional dealings.
To this end, a lawyer shall not use language which is abusive, intemperate, offensive or otherwise improper, oral or written, and whether made through traditional or electronic means, including all forms or types of mass or social media.
Key Components
-
Dignified Language:
- Use language that is respectful and appropriate in all contexts.
-
Gender-Fair Language:
- Avoid language that discriminates based on gender or reinforces gender stereotypes.
-
Child-Sensitive Language:
- Use language that is appropriate and considerate towards children.
-
Culturally-Sensitive Language:
- Respect cultural differences and avoid language that could be offensive to different cultural groups.
-
Prohibited Language:
- Do not use abusive, intemperate (excessively harsh), offensive, or improper language.
-
Medium of Communication:
- Applies to both oral and written communication, including traditional and electronic means (e.g., emails, social media).
Examples
Dignified Language
- Proper: “Your argument is well-presented, but I respectfully disagree.”
- Improper: “Your argument is stupid and makes no sense.”
Gender-Fair Language
- Proper: “The chairperson of the committee will decide.”
- Improper: “The chairman of the committee will decide.”
Child-Sensitive Language
- Proper: “The child was placed in a safe environment.”
- Improper: “The kid was dumped in a foster home.”
Culturally-Sensitive Language
- Proper: “We need to consider the cultural practices of the community.”
- Improper: “Their backward customs are a problem.”
Prohibited Language
- Proper: “I disagree with the court’s decision and will file an appeal.”
- Improper: “The judge is an idiot, and this ruling is garbage.”
Memorization Tips
Use the acronym “DIGC-PM” to remember the key components:
- Dignified
- Intemperate (avoid)
- Gender-fair
- Child-sensitive
- Culturally-sensitive
- Proper language
- Medium (all forms of communication)
Summary
- Dignified: Respectful language
- Gender-fair: Non-discriminatory
- Child-sensitive: Appropriate for children
- Culturally-sensitive: Respectful of cultural differences
- Prohibited: No abusive, harsh, offensive, or improper language
- Medium: Applies to all forms of communication (oral, written, traditional, electronic)
By focusing on these components and using the examples, you can better understand and memorize the requirements of Section 4.
Duty to correct false or inaccurate statements and information
made in relation to an application for admission to the bar –
Section 11
Section 11. False representations or statements; duty to correct. — A lawyer shall not make false representations or statements. A lawyer shall be liable for any material damage caused by such false representations or statements.
A lawyer shall not, in demand letters or other similar correspondence, make false representations or statements, or impute civil, criminal, or administrative liability, without factual or legal basis.
A lawyer shall correct false or inaccurate statements and information made in relation to an application for admission to the bar, any pleading, or any other document required by or submitted to the court, tribunal or agency, as soon as its falsity or inaccuracy is discovered or made known to him or her.
Let’s break down Section 11 into key components for easier memorization and understanding:
- General Prohibition:
- No false representations or statements
- Liability for material damage caused by false statements
- Specific Prohibition in Correspondence:
- No false representations in demand letters or similar
- No unfounded imputations of civil, criminal, or administrative liability
- Duty to Correct:
- Obligation to correct false/inaccurate statements
- Applies to bar admission applications, pleadings, and other official documents
- Correction required as soon as falsity is discovered or made known
Memorization Aid: “No False, No Blame, Must Correct” (NFNBMC)
Examples:
- General Prohibition:
Example: A lawyer tells a client they won a case when they actually lost. This is a false statement, and the lawyer would be liable for any damages the client incurs as a result (e.g., lost opportunity to appeal). - Specific Prohibition in Correspondence:
Example: In a demand letter, a lawyer threatens criminal charges for a simple contract dispute without any evidence of criminal activity. This violates the rule against unfounded imputations of criminal liability. - Duty to Correct:
Example: A lawyer submits a pleading stating their client was present at a specific location on a certain date. Later, the lawyer learns this information was incorrect. The lawyer must promptly file a correction with the court.
Key Points to Remember:
- Truth is paramount in all communications.
- Lawyers are responsible for damages caused by their false statements.
- Demand letters and similar correspondence require extra caution.
- There’s an ongoing duty to correct false information in official documents.
- The duty to correct arises as soon as the falsity is known, regardless of how it’s discovered.
By focusing on these key points and the “NFNBMC” acronym, you can more easily memorize and understand the requirements of Section 11. The examples provide concrete illustrations of how these rules apply in practice.
Duty to report dishonest, deceitful, or misleading conduct –
Section 12
D2R miscon
Section 12. Duty to report dishonest, deceitful or misleading conduct. — A lawyer shall immediately inform a court, tribunal, or other government agency of any dishonest, deceitful or misleading conduct related to a matter being handled by said lawyer before such court, tribunal, or other government agency.
A lawyer shall also report to the appropriate authority any transaction or unlawful activity that is required to be reported under relevant laws, including the submission of covered and suspicious transactions under regulatory laws, such as those concerning anti-money laundering. When disclosing or reporting the foregoing information to the appropriate court, tribunal, or other government agency, the lawyer shall not be deemed to have violated the lawyer’s duty of confidentiality.
Any such information shall be treated with strict confidentiality.
A baseless report shall be subject to civil, criminal, or administrative action.
Let’s break down Section 12 for easier memorization:
- Duty to Report Misconduct:
- Report dishonest, deceitful, or misleading conduct
- Related to matters handled by the lawyer
- Report to court, tribunal, or government agency
- Immediate reporting required
- Duty to Report Unlawful Activities:
- Report transactions or activities required by law
- Includes covered and suspicious transactions
- Relates to anti-money laundering and similar laws
- Confidentiality Protection:
- Reporting doesn’t violate lawyer’s duty of confidentiality
- Confidentiality of Reports:
- Reported information must be treated with strict confidentiality
- Penalty for False Reports:
- Baseless reports subject to civil, criminal, or administrative action
Memorization Aid: “RUMCP” (Report, Unlawful, Maintain Confidentiality, Penalty)
Examples:
- Duty to Report Misconduct:
Example: A lawyer discovers that their client has submitted forged documents to the court. The lawyer must immediately inform the court about this dishonest conduct. - Duty to Report Unlawful Activities:
Example: A lawyer handling a real estate transaction notices suspicious patterns in the client’s financial transactions that suggest money laundering. The lawyer must report this to the appropriate authority as required by anti-money laundering laws. - Confidentiality Protection:
Example: A lawyer reports a client’s fraudulent activities to the Securities and Exchange Commission. This report doesn’t violate the lawyer’s duty of confidentiality to the client. - Confidentiality of Reports:
Example: After reporting suspicious transactions to the anti-money laundering council, the lawyer must keep all details of the report confidential and not discuss them with anyone outside the appropriate authorities. - Penalty for False Reports:
Example: A lawyer makes a false report about opposing counsel’s conduct to gain an advantage in a case. If discovered, this lawyer could face disciplinary action, civil liability, or even criminal charges for the baseless report.
Key Points to Remember:
1. Report misconduct immediately
2. Report unlawful activities as required by law
3. Reporting doesn’t breach confidentiality
4. Keep reported information confidential
5. False reports have serious consequences
By focusing on these key points and the “RUMCP” acronym, along with the examples, you can more easily memorize and understand the requirements of Section 12.
e. Duty to disclose relationship or connection – Section 20
D2R CR
Section 20. Disclosure of relationship or connection. — A lawyer shall, at the first available opportunity, formally disclose on record the lawyer’s relationship or connection with the presiding officer of any court, tribunal, or other government agency, or any of its personnel, or the lawyer’s partners, associates, or clients, that may serve as a ground for mandatory inhibition in any pending proceeding before such court, tribunal, or other government agency.
Let’s break down Section 20 for easier memorization and understanding:
Key Components
-
Disclosure Requirement:
- A lawyer must disclose any relationship or connection.
-
Timing:
- Disclosure must be made at the first available opportunity.
-
Formal Disclosure:
- The disclosure must be formally recorded.
-
Scope of Relationships:
- Includes relationships with:
- Presiding officers of courts, tribunals, or government agencies
- Personnel of these entities
- The lawyer’s partners, associates, or clients
- Includes relationships with:
-
Ground for Mandatory Inhibition:
- The relationship or connection must be one that could serve as a ground for mandatory inhibition (recusal) in any pending proceeding.
Memorization Aid: “DFRST” (Disclosure, First opportunity, Record, Scope, Trigger)
Examples
-
Disclosure Requirement:
Example: A lawyer discovers that their cousin is the judge presiding over their case. The lawyer must disclose this relationship. -
Timing:
Example: Upon realizing the connection during the initial hearing, the lawyer must disclose it immediately, not wait until later stages. -
Formal Disclosure:
Example: The lawyer must formally state on the court record, “I wish to disclose that the presiding judge is my cousin.” -
Scope of Relationships:
Example: If the lawyer’s law firm partner is married to a key tribunal member, this relationship must be disclosed. -
Ground for Mandatory Inhibition:
Example: If the disclosed relationship could reasonably question the impartiality of the presiding officer, it could be a ground for the officer’s recusal.
Key Points to Remember
- Disclosure: Lawyers must disclose any relevant relationships.
- First Opportunity: Disclosure should be made as soon as possible.
- Record: The disclosure must be formally recorded.
- Scope: Relationships with presiding officers, personnel, partners, associates, or clients.
- Trigger: The relationship must be one that could serve as a ground for recusal.
Summary
- Disclosure: Reveal any relevant relationships.
- First Opportunity: Do it immediately.
- Record: Make it formal and on the record.
- Scope: Covers relationships with judges, tribunal members, agency personnel, and the lawyer’s own partners, associates, or clients.
- Trigger: Must be a relationship that could necessitate recusal.
By focusing on these key points and using the “DFRST” acronym, along with the examples, you can more easily memorize and understand the requirements of Section 20.
Duty not to mislead the court, tribunal or other government
agency on the existence or content of any document, argument,
evidence, law, or other legal authority, or pass off as one’s own the
ideas or words of another – Section 8
Section 8. Prohibition against misleading the court, tribunal, or other government agency. — A lawyer shall not misquote, misrepresent, or mislead the court as to the existence or the contents of any document, argument, evidence, law, or other legal authority, or pass off as one’s own the ideas or words of another, or assert as a fact that which has not been proven.
Key Components
-
Prohibition on Misleading:
- Do not misquote documents, arguments, evidence, laws, or legal authorities.
- Do not misrepresent the existence or contents of any document, argument, evidence, law, or other legal authority.
- Do not pass off another’s ideas or words as your own.
- Do not assert as fact something that has not been proven.
-
Scope of Application:
- Applies to all representations made to courts, tribunals, or other government agencies.
Memorization Aid: “MMM-P” (Misquote, Misrepresent, Mislead, Pass off)
Examples
-
Misquoting:
Example: A lawyer cites a legal precedent inaccurately to support their argument, altering the meaning of the original case. This is a violation because it misleads the court about the legal authority. -
Misrepresenting:
Example: A lawyer submits a document to the court claiming it contains certain evidence that it does not. This misrepresentation can mislead the court’s understanding of the facts. -
Misleading:
Example: A lawyer tells the court that a witness has testified to a fact when the witness has not. This misleading statement can affect the court’s judgment. -
Passing Off:
Example: A lawyer uses another lawyer’s written arguments without attribution, presenting them as their own. This is unethical because it misleads the court about the source of the arguments.
Key Points to Remember
- Misquote: Always quote documents, arguments, evidence, laws, and legal authorities accurately.
- Misrepresent: Do not distort the existence or content of any legal material.
- Mislead: Avoid making any statements that could mislead the court about the facts or the law.
- Pass off: Do not present another person’s ideas or words as your own.
Summary
- Misquote: Quote accurately.
- Misrepresent: Present content truthfully.
- Mislead: Be honest about facts and law.
- Pass off: Credit the original source.
By focusing on these key points and using the “MMM-P” acronym, along with the examples, you can more easily memorize and understand the requirements of Section 8.
g. Duty not to solicit or advertise one’s legal service – Section 17
Section 17. Non-solicitation and impermissible advertisement. — A lawyer shall not, directly or indirectly, solicit, or appear to solicit, legal business.
A lawyer shall not, directly or indirectly, advertise legal services on any platform or media except with the use of dignified, verifiable, and factual information, including biographical data, contact details, fields of practice, services offered, and the like, so as to allow a potential client to make an informed choice. In no case shall the permissible advertisement be self-laudatory.
A lawyer, law firm, or any of their representatives shall not pay or give any benefit or consideration to any media practitioner, award-giving body, professional organization, or personality, in anticipation of, or in return for, publicity or recognition, to attract legal representation, service, or retainership.
Let’s break down Section 17 into key components for easier memorization:
- Non-solicitation:
- Direct or indirect solicitation of legal business is prohibited
- Even the appearance of solicitation is not allowed
- Permissible Advertisement:
- Must be dignified, verifiable, and factual
- Limited to biographical data, contact details, fields of practice, services offered
- Should allow potential clients to make informed choices
- Self-laudatory advertisements are prohibited
- Prohibition on Paid Publicity:
- No payments or benefits to media practitioners, award-giving bodies, professional organizations, or personalities
- Prohibited if intended to attract legal representation, service, or retainership
Memorization Aid: “SAP” (Solicitation, Advertisement, Paid publicity)
Examples:
- Non-solicitation:
Prohibited: A lawyer approaches accident victims at a hospital offering legal services.
Allowed: A lawyer maintains a professional website with contact information and areas of practice. - Permissible Advertisement:
Prohibited: “I’m the best divorce lawyer in the city - guaranteed to win your case!”
Allowed: “John Doe, Family Law Attorney. 15 years of experience in divorce and custody cases. Contact: [phone number]” - Prohibition on Paid Publicity:
Prohibited: A lawyer pays a local news station to run a feature story about their recent court victory.
Allowed: A lawyer is interviewed by a news outlet about a high-profile case they’re handling, without any payment involved.
Key Points to Remember:
- No active seeking of clients (solicitation)
- Advertisements must be factual and informative, not boastful
- No paying for publicity or recognition
Summary:
- Solicitation: Don’t actively seek clients
- Advertisement: Factual, dignified, and informative only
- Paid Publicity: No payments for recognition or to attract clients
By focusing on these key points and the “SAP” acronym, along with the examples, you can more easily memorize and understand the requirements of Section 17. Remember that the goal is to maintain the dignity of the legal profession while allowing potential clients to make informed choices based on factual information.
Duty not to use any forum or medium to comment or publicize
opinion pertaining to a pending proceeding – Sub-Judice Rule;
Section 19
Section 19. Sub-judice rule. — A lawyer shall not use any forum or medium to comment or publicize opinion pertaining to a pending proceeding before any court, tribunal, or other government agency that may:chanroblesvirtualawlibrary
(a) cause a pre-judgment, or
(b) sway public perception so as to impede, obstruct, or influence the decision of such court, tribunal, or other government agency, or which tends to tarnish the court’s or tribunal’s integrity, or
(c) impute improper motives against any of its members, or
(d) create a widespread perception of guilt or innocence before a final decision.
Let’s break down Section 19 on the Sub-judice rule for easier memorization:
Key Components:
- Prohibition: Lawyers must not comment or publicize opinions on pending cases
- Forums: Applies to any forum or medium
- Prohibited Effects:
a) Causing pre-judgment
b) Swaying public perception to influence decisions
c) Tarnishing court/tribunal integrity
d) Imputing improper motives to members
e) Creating widespread perceptions of guilt/innocence prematurely
Memorization Aid: “CSPTI” (Comment, Sway, Pre-judge, Tarnish, Impute)
Examples:
- Causing pre-judgment:
Prohibited: A lawyer posts on social media: “My client is clearly innocent. The evidence against him is weak.”
Allowed: A lawyer states: “We look forward to presenting our case in court.” - Swaying public perception:
Prohibited: A lawyer gives a TV interview saying: “The judge in this case has a history of bias against my client’s demographic.”
Allowed: A lawyer says: “We trust in the fairness of our judicial system.” - Tarnishing court integrity:
Prohibited: A lawyer writes a newspaper op-ed criticizing the court’s handling of a pending case.
Allowed: A lawyer discusses general court procedures without referencing specific cases. - Imputing improper motives:
Prohibited: A lawyer tweets: “The prosecutor is only pursuing this case for political gain.”
Allowed: A lawyer states: “We respect the role of all parties in the judicial process.” - Creating premature perceptions of guilt/innocence:
Prohibited: A lawyer tells reporters: “The evidence will show my client is 100% innocent.”
Allowed: A lawyer says: “We maintain our client’s innocence and look forward to the trial.”
Key Points to Remember:
- No comments on pending cases in any forum
- Avoid influencing public opinion or pre-judging outcomes
- Respect court integrity and impartiality
- Don’t speculate on motives of court members
- Let the court process determine guilt or innocence
Summary:
- Comment: Don’t comment on pending cases
- Sway: Avoid influencing public opinion
- Pre-judge: Let the court decide outcomes
- Tarnish: Respect court integrity
- Impute: Don’t speculate on motives
By focusing on these key points and the “CSPTI” acronym, along with the examples, you can more easily memorize and understand the requirements of Section 19 on the Sub-judice rule.
Duty not to give gifts and donations to any court, tribunal or other
government agency – Section 21
Prohibition against gift-giving and donations. — A lawyer shall not directly or indirectly give gifts, donations, contributions of any value or sort, on any occasion, to any court, tribunal or government agency, or any of its officers and personnel.
Summary
- No Gifts: Avoid giving any gifts or donations
- Indirect: Even indirect gifts are prohibited
- For: Applies to courts, tribunals, and government agencies
- Tribunal: Includes officers and personnel of these entities
By focusing on these key points and using the “No GIFT” acronym, along with the examples, you can more easily memorize and understand the prohibition against gift-giving and donations.
Key Components
-
Prohibition on Gift-Giving:
- No gifts, donations, or contributions
- Applies to any value or sort
-
Direct or Indirect:
- Prohibited both directly and indirectly
-
Recipients:
- Courts
- Tribunals
- Government agencies
- Officers and personnel of these entities
Memorization Aid: “No GIFT” (Gifts, Indirect, For, Tribunal)
Examples
-
Prohibition on Gift-Giving:
- Prohibited: A lawyer gives a judge a holiday gift basket.
- Allowed: A lawyer sends a holiday card without any monetary value.
-
Direct or Indirect:
- Prohibited: A lawyer donates to a charity in the name of a court clerk.
- Allowed: A lawyer makes a personal donation to a charity without any connection to the court or its personnel.
-
Recipients:
- Prohibited: A lawyer offers free legal services to a government agency employee.
- Allowed: A lawyer offers free legal services to a community organization with no ties to any court, tribunal, or government agency.
Key Points to Remember
- No Gifts: No gifts, donations, or contributions of any value
- Direct or Indirect: Applies to both direct and indirect giving
- Recipients: Includes courts, tribunals, government agencies, and their personnel
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Duty not to institute multiple cases; Forum Shopping – Section 23
Section 23. Instituting multiple cases; forum shopping. — A lawyer shall not knowingly engage or through gross negligence in forum shopping, which offends against the administration of justice, and is a falsehood foisted upon the court, tribunal, or other government agency.
A lawyer shall not institute or advise the client to institute multiple cases to gain leverage in a case, to harass a party, to delay the proceedings, or to increase the cost of litigation.
Let’s break down Section 23 for easier memorization:
- Prohibition on Forum Shopping:
- Knowingly or through gross negligence
- Offends administration of justice
- Considered a falsehood to the court/tribunal/agency
- Prohibition on Multiple Cases:
- No instituting or advising to institute multiple cases
- Prohibited purposes:
a) Gaining leverage
b) Harassing a party
c) Delaying proceedings
d) Increasing litigation costs
Memorization Aid: “FSMG” (Forum Shopping, Multiple cases, Gain leverage)
Examples:
- Forum Shopping:
Prohibited: A lawyer files the same case in different courts hoping for a favorable judge.
Allowed: A lawyer files a case in the proper court based on jurisdiction and venue. - Multiple Cases for Leverage:
Prohibited: A lawyer advises a client to file separate cases for property division, child custody, and alimony in different courts to pressure the spouse in a divorce.
Allowed: A lawyer files a single comprehensive divorce case covering all relevant issues. - Harassing a Party:
Prohibited: A lawyer files numerous small claims against a business to force a settlement in an unrelated case.
Allowed: A lawyer files a single, well-founded case against a business for legitimate grievances. - Delaying Proceedings:
Prohibited: A lawyer files multiple motions in different courts to postpone a trial date.
Allowed: A lawyer requests a single, justified continuance through proper channels. - Increasing Litigation Costs:
Prohibited: A lawyer advises filing separate cases for each alleged breach of contract to increase the opponent’s legal fees.
Allowed: A lawyer consolidates all contract breach claims into a single, comprehensive case.
Key Points to Remember:
- No forum shopping - it’s a falsehood to the court
- Don’t file multiple cases for improper purposes
- Avoid tactics that abuse the legal system
- Focus on legitimate legal strategies
Summary:
- Forum Shopping: Don’t file same case in multiple courts
- Multiple Cases: Avoid filing separate cases for improper reasons
- Gain Leverage: Don’t use multiple filings as a pressure tactic
- Harass/Delay/Increase Costs: These are improper motives for multiple filings
By focusing on these key points and the “FSMG” acronym, along with the examples, you can more easily memorize and understand the requirements of Section 23.
Duty not to encroach or interfere in another lawyer’s engagement – Section 24
Section 24. Encroaching or interfering in another lawyer’s engagement; exception. — A lawyer shall not, directly or indirectly, encroach upon or interfere in the professional engagement of another lawyer.
This includes a lawyer’s attempt to communicate, negotiate, or deal with the person represented by another lawyer on any matter, whether pending or not in any court, tribunal, body, or agency, unless when initiated by the client or with the knowledge of the latter’s lawyer.
A lawyer, however, may give proper advice and assistance to anyone seeking relief against perceived unfaithful or neglectful counsel based on the Code.
Let’s summarize Section 24 for easier memorization:
Key Components:
- Non-Interference Rule:
- No encroaching or interfering with another lawyer’s engagement
- Applies to both direct and indirect actions
- Communication Restriction:
- No communication, negotiation, or dealing with a person represented by another lawyer
- Applies to matters pending or not in any court, tribunal, body, or agency
- Exceptions:
- When initiated by the client
- With knowledge of the client’s lawyer
- Assistance Against Unfaithful Counsel:
- May advise and assist someone seeking relief against perceived unfaithful or neglectful counsel
- Must be based on the Code
Memorization Aid: “NICE” (Non-interference, Initiated by client, Communication restriction, Exception for unfaithful counsel)
Examples:
- Non-Interference:
Prohibited: Lawyer A contacts the client of Lawyer B to offer services.
Allowed: Lawyer A refers a potential client to Lawyer B who specializes in the required field. - Communication Restriction:
Prohibited: Lawyer X directly negotiates with the opposing party who has a lawyer.
Allowed: Lawyer X communicates with the opposing party’s lawyer to discuss settlement terms. - Exceptions:
Allowed: A client contacts Lawyer Y for a second opinion, and Lawyer Y responds after confirming the client initiated contact.
Prohibited: Lawyer Z contacts a represented party without their lawyer’s knowledge, even if the party seems dissatisfied with their current representation. - Assistance Against Unfaithful Counsel:
Allowed: Lawyer Q advises a client on how to file a complaint against their current lawyer for neglect of duties.
Prohibited: Lawyer R encourages a satisfied client to switch lawyers without any evidence of misconduct.
Key Points to Remember:
1. Don’t interfere with another lawyer’s professional relationship
2. Don’t communicate with represented parties without their lawyer’s knowledge
3. Exceptions: client-initiated contact or with the other lawyer’s knowledge
4. You can advise on relief against unfaithful counsel based on the Code
By focusing on these key points and the “NICE” acronym, along with the examples, you can more easily memorize and understand the requirements of Section 24.
Responsible Use of Social Media
Responsible use means BEING MINDFUL of these ethical obligations and potential pitfalls when engaging on social media platforms, whether for personal or professional purposes.
Lawyers should approach social media WITH CAUTION, always considering how their online activities might impact their professional responsibilities and client interests.
Online posts of a lawyer
Uphold - D of LegP
Maint - RoL
A lawyer shall ensure that his or her online posts, whether made in a public or restricted privacy setting that still holds an audience, uphold the dignity of the legal profession and shield it from disrepute, as well as maintain respect for the law.
