CPRA: Canons 1 and 2

Question 1

Canon 1 INDEPENDENCE

Answer 1

The independence of a lawyer in the discharge of professional duties without any improper influence, restriction, pressure, or interference, direct or indirect, ensures effective legal representation and is ultimately imperative for the rule of law

Question 2

Canon 1 Section 1

Answer 2

Independent, accessible, efficient and effective legal service. — A lawyer shall make legal services accessible in an efficient and effective manner. In performing this duty, a lawyer shall maintain independence, act with integrity, and at all times ensure the efficient and effective delivery of justice.

Question 3

Canon 1 Section 2

Answer 3

Merit-based practice. — A lawyer shall rely solely on the merits of a cause and not exert, or give the appearance of, any influence on, nor undermine the authority of, the court, tribunal or other government agency, or its proceedings.

Question 4

Canon 1 Section 3

Answer 4

Freedom from improper considerations and external influences. — A lawyer shall not, in advocating a client’s cause, be influenced by dishonest or immoral considerations, external influences, or pressure.

Question 5

Canon 1 Section 4

Answer 5

Non-interference by a lawyer. — Unless authorized by law or a court, a lawyer shall not assist or cause a branch, agency, office or officer of the government to interfere in any matter before any court, tribunal, or other government agency.

Question 6

Canon 1 Section 5

Answer 6

Lawyer’s duty and discretion in procedure and strategy. — A lawyer shall not allow the client to dictate or determine the procedure in handling the case.

Nevertheless, a lawyer shall respect the client’s decision to settle or compromise the case after explaining its consequences to the client.

Question 7

Canon 2 PROPRIETY

Answer 7

A lawyer shall, at all times, act with propriety and maintain the appearance of propriety in personal and professional dealings, observe honesty, respect and courtesy, and uphold the dignity of the legal profession consistent with the highest standards of ethical behavior.

Question 8

Canon 2 Section 1

Answer 8

Proper conduct. — A lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct.

Question 9

Canon 2 Section 2

Answer 9

Dignified conduct. — A lawyer shall respect the law, the courts, tribunals, and other government agencies, their officials, employees, and processes, and act with courtesy, civility, fairness, and candor towards fellow members of the bar.

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.

Question 10

Canon 2 Section 3

Answer 10

Safe environment; avoid all forms of abuse or harassment. — A lawyer shall not create or promote an unsafe or hostile environment, both in private and public settings, whether online, in workplaces, educational or training institutions, or in recreational areas.

Question 11

Canon 2 Section 4

Answer 11

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.

Question 12

Canon 2 Section 5

Answer 12

Observance of fairness and obedience. — A lawyer shall, in every personal and professional engagement, insist on the observance of the principles of fairness and obedience to the law.

Question 13

Canon 2 Section 6

Answer 13

Harassing or threatening conduct. — A lawyer shall not harass or threaten a fellow lawyer, the latter’s client or principal, a witness, or any official or employee of a court, tribunal, or other government agency.

Question 14

Canon 2 Section 7

Answer 14

Formal decorum and appearance. — A lawyer shall observe formal decorum before all courts, tribunals, and other government agencies.

A lawyer’s attire shall be consistent with the dignity of the court, tribunal or other government agency, with due respect to the person’s sexual orientation, gender identity, and gender expression.

Question 15

Canon 2 Section 8

Answer 15

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.

Question 16

Canon 2 Section 9

Answer 16

Obstructing access to evidence or altering, destroying, or concealing evidence. — A lawyer shall not obstruct another lawyer’s access to evidence during trial, including testimonial evidence, or alter, destroy, or conceal evidence.

Question 17

Canon 2 Section 10

Answer 17

Conduct in the presentation of a witness. — A lawyer shall avoid all forms of impropriety when presenting or confronting a witness.

A lawyer shall not coach, abuse, discriminate against, or harass any witness, in or out of the court, tribunal, or other government agency, or talk to a witness during a break or recess in the trial, while a witness is still under examination. Neither shall a lawyer direct, assist, or abet any misrepresentation or falsehood by a witness.

Question 18

Canon 2 Section 11

Answer 18

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.

Question 19

Canon 2 Section 12

Answer 19

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.

Question 20

Canon 2 Section 13

Answer 20

Imputation of a misconduct, impropriety, or crime without basis. — A lawyer shall not, directly or indirectly, impute to or accuse another lawyer of a misconduct, impropriety, or a crime in the absence of factual or legal basis.

Neither shall a lawyer, directly or indirectly, file or cause to be filed, or assist in the filing of frivolous or baseless administrative, civil, or criminal complaints against another lawyer.

Question 21

Canon 2 Section 14

Answer 21

Remedy for grievances; insinuation of improper motive. — A lawyer shall submit grievances against any officer of a court, tribunal, or other government agency only through the appropriate remedy and before the proper authorities.

Statements insinuating improper motive on the part of any such officer, which are not supported by substantial evidence, shall be ground for disciplinary action.

Question 22

Canon 2 Section 15

Answer 22

Improper claim of influence or familiarity. — A lawyer shall observe propriety in all dealings with officers and personnel of any court, tribunal, or other government agency, whether personal or professional. Familiarity with such officers and personnel that will give rise to an appearance of impropriety, influence, or favor shall be avoided.

A lawyer shall not make claims of power, influence, or relationship with any officer of a court, tribunal, or other government agency.

Question 23

Canon 2 Section 16

Answer 23

Duty to report life-threatening situations. — A lawyer who has reasonable grounds to believe that a life-threatening situation is likely to develop in relation to any proceeding in any court, tribunal, or other government agency shall immediately report the same to the proper authorities.

Question 24

Canon 2 Section 17

Answer 24

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.

Question 25

Canon 2 Section 18

Answer 25

Prohibition against self-promotion. — A lawyer shall not make public appearances and statements in relation to a terminated case or legal matter for the purpose of self-promotion, self-aggrandizement, or to seek public sympathy.

Question 26

Canon 2 Section 19

Answer 26

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

(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.

Question 27

Canon 2 Section 20

Answer 27

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.

Question 28

Canon 2 Section 21

Answer 28

Prohibition against gift-giving and donations. — A lawyer shall not directly or indirectly give gifts, donations, or contributions of any value or sort, on any occasion, to any court, tribunal or government agency, or any of its officers and personnel.

Question 29

Canon 2 Section 22

Answer 29

No undue advantage of ignorance of the law. — A lawyer shall not take advantage of a non-lawyer’s lack of education or knowledge of the law.

Question 30

Canon 2 Section 23

Answer 30

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.

Question 31

Canon 2 Section 24

Answer 31

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.

Question 32

Canon 2 Section 25

Answer 32

Responsibility of a solo practitioner. — A lawyer in solo practice shall ensure that all matters requiring such a lawyer’s professional skill and judgment are promptly and competently addressed.

Question 33

Canon 2 Section 26

Answer 33

Definition of a law firm; choice of firm name. — A law firm is any private office, partnership, or association, exclusively comprised of a lawyer or lawyers engaged to practice law, and who hold themselves out as such to the public.

In the choice of a firm name, no false, misleading, or assumed name shall be used. The continued use of the name of a deceased, incapacitated, or retired partner is permissible provided that the firm indicates in all its communications that said partner is deceased, incapacitated, or retired.

Question 34

Canon 2 Section 27

Answer 34

Partner who assumes public office. — When a partner assumes public office, such partner shall withdraw from the firm and such partner’s name shall be removed from the firm name, unless allowed by law to practice concurrently.

Question 35

Canon 2 Section 28

Answer 35

Dignified government service. — Lawyers in government service shall observe the standard of conduct under the CPRA, the Code of Conduct and Ethical Standards for Public Officials and Employees, and other related laws and issuances in the performance of their duties.

Any violation of the CPRA by lawyers in government service shall be subject to disciplinary action, separate and distinct from liability under pertinent laws or rules.

Question 36

Canon 2 Section 29

Answer 36

Lawyers formerly in government service. — A lawyer who has left government service shall not engage in private practice pertaining to any matter before the office where he or she used to be connected within a period of one (1) year from his or her separation from such office. Justices, judges, clerks of court, and city, provincial, and regional prosecutors shall not appear before any court within the territorial jurisdiction where they previously served within the same period.

After leaving government service, a lawyer shall not accept an engagement which could improperly influence the outcome of the proceedings which the lawyer handled or intervened in, or over which the lawyer previously exercised authority, while in said service.

Question 37

Canon 2 Section 30

Answer 37

No financial interest in transactions; no gifts. — A lawyer in government shall not, directly or indirectly, promote or advance his or her private or financial interest or that of another, in any transaction requiring the approval of his or her office. Neither shall such lawyer solicit gifts or receive anything of value in relation to such interest.

Such lawyer in government shall not give anything of value to, or otherwise unduly favor, any person transacting with his or her office, with the expectation of any benefit in return.

Question 38

Canon 2 Section 31

Answer 38

Prosecution of criminal cases. — The primary duty of a public prosecutor is not to convict but to see that justice is done.
Suppressing facts, concealing of, tampering with or destroying evidence, coaching a witness, or offering false testimony is cause for disciplinary action.

The obligations of a public prosecutor shall also be imposed upon lawyers in private practice who are authorized to prosecute under the direct supervision and control of the public prosecutor.

Question 38

Canon 2 Section 32

Answer 38

Lawyers in the academe. — A lawyer serving as a dean, administrative officer, or faculty member of an educational institution shall at all times adhere to the standards of behavior required of members of the legal profession under the CPRA, observing propriety, respectability, and decorum inside and outside the classroom, and in all media.

Question 38

Canon 2 Section 33

Answer 38

Conflict of interest for lawyers in the academe. — A lawyer serving as a dean, administrative officer, or faculty member of an educational institution shall disclose to the institution any adverse interest of a client.

Upon discovery of any adverse interest of the lawyer’s client that directly affects any student who is under his or her direct supervision and guidance, the lawyer shall likewise disclose the same to the institution.

Question 38

Canon 2 Section 34

Answer 38

Paralegal services; lawyer’s responsibility. — A paralegal is one who performs tasks that require familiarity with legal concepts, employed or retained by a lawyer, law office, corporation, governmental agency, or other entity for non-diagnostic and non-advisory work in relation to legal matters delegated by such lawyer, law office, corporation, governmental agency, or other entity.

A lawyer must direct or supervise a paralegal in the performance of the latter’s delegated duties.

The lawyer’s duty of confidentiality shall also extend to the services rendered by the paralegal, who is equally bound to keep the privilege.

Question 39

Canon 2 Section 35

Answer 39

Non-delegable legal tasks. — A lawyer shall not delegate to or permit a non-lawyer, including a paralegal, to:

(a) accept cases on behalf of the lawyer;
(b) give legal advice or opinion;
(c) act independently without the lawyer’s supervision or direction;
(d) to hold himself or herself out as a lawyer, or be named in association with a lawyer in any pleading or submission to any court, tribunal, or other government agency;
(e) appear in any court, tribunal, or other government agency, or actively participate in formal legal proceedings on behalf of a client, except when allowed by the law or rules;
(f) conduct negotiations with third parties unless allowed in administrative agencies, without a lawyer’s supervision or direction;
(g) sign correspondence containing a legal opinion;
(h) perform any of the duties that only lawyers may undertake.

These provisions shall not apply to law student practitioners under Rule 138-A of the Rules of Court.

Question 39

Canon 2 Section 36

Answer 39

Responsible use. — A lawyer shall have the duty to understand the benefits, risks, and ethical implications associated with the use of social media.

Question 40

Canon 2 Section 37

Answer 40

Online posts. — 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.

Question 41

Canon 2 Section 38

Answer 41

Non-posting of false or unverified statements, disinformation. — A lawyer shall not knowingly or maliciously post, share, upload or otherwise disseminate false or unverified statements, claims, or commit any other act of disinformation.

Question 42

Canon 2 Section 39

Answer 42

Prohibition against fraudulent accounts. — A lawyer shall not create, maintain or operate accounts in social media to hide his or her identity for the purpose of circumventing the law or the provisions of the CPRA.

Question 43

Canon 2 Section 40

Answer 43

Non-disclosure of privileged information through online posts. — A lawyer shall not reveal, directly or indirectly, in his or her online posts confidential information obtained from a client or in the course of, or emanating from, the representation, except when allowed by law or the CPRA.

Question 44

Canon 2 Section 41

Answer 44

Duty to safeguard client confidences in social media. — A lawyer, who uses a social media account to communicate with any other person in relation to client confidences and information, shall exert efforts to prevent the inadvertent or unauthorized disclosure or use of, or unauthorized access to, such an account.

Question 45

Canon 2 Section 42

Answer 45

Prohibition against influence through social media. — A lawyer shall not communicate, whether directly or indirectly, with an officer of any court, tribunal, or other government agency through social media to influence the latter’s performance of official duties.

Question 46

Canon 2 Section 43

Answer 46

Legal information; legal advice. — Pursuant to a lawyer’s duty to society and the legal profession, a lawyer may provide general legal information, including in answer to questions asked, at any fora, through traditional or electronic means, in all forms or types of mass or social media.

A lawyer who gives legal advice on a specific set of facts as disclosed by a potential client in such fora or media dispenses Limited Legal Service and shall be bound by all the duties in the CPRA, in relation to such Limited Legal Service.

Question 47

Canon 2 Section 44

Answer 47

Online posts that could violate conflict of interest. — A lawyer shall exercise prudence in making posts or comments in social media that could violate the provisions on conflict of interest under the CPRA.