Code of Professional Responsibility and Accountability

Case Overview and Summary

Summary of the Code of Professional Responsibility and Accountability (CPRA):

Preamble
- Outlines the purpose and importance of ethics in the legal profession.
- Emphasizes the role of lawyers as guardians of the rule of law and administrators of justice.

Canon I: Independence
- Lawyers must maintain independence and avoid improper influence or interference.
- Subpoints:
    - Provide accessible, efficient, and effective legal services. (Section 1)
    - Rely solely on the merits of a case, not exert influence or undermine authority. (Section 2)
    - Avoid dishonest or immoral considerations, external influences, or pressure. (Section 3)
    - Not assist in government interference in legal matters, unless authorized. (Section 4)
    - Respect client's decision to settle or compromise the case. (Section 5)

Canon II: Propriety
- Lawyers must act with propriety, honesty, respect, and courtesy, upholding the dignity of the profession.
- Subpoints:
    - Not engage in unlawful, dishonest, immoral, or deceitful conduct. (Section 1)
    - Respect the law, courts, tribunals, and government agencies, and act with courtesy. (Section 2)
    - Avoid creating an unsafe or hostile environment, and any form of abuse or harassment. (Section 3)
    - Use dignified, gender-fair, child- and culturally-sensitive language. (Section 4)
    - Observe fairness and obedience to the law. (Section 5)
    - Not harass or threaten fellow lawyers, clients, witnesses, or officials. (Section 6)
    - Observe formal decorum and appropriate attire before courts and agencies. (Section 7)
    - Not mislead the court or misrepresent evidence, law, or authority. (Section 8)
    - Not obstruct access to evidence or alter, destroy, or conceal evidence. (Section 9)
    - Avoid impropriety when presenting or confronting a witness. (Section 10)
    - Not make false representations or statements, and correct false statements. (Section 11)
    - Report dishonest, deceitful, or misleading conduct related to a legal matter. (Section 12)
    - Not impute misconduct, impropriety, or crime without basis. (Section 13)
    - Submit grievances against officials through proper channels. (Section 14)
    - Avoid improper claims of influence or familiarity with officials. (Section 15)
    - Report life-threatening situations related to legal proceedings. (Section 16)
    - Not solicit legal business or advertise improperly. (Section 17)
    - Not make public appearances or statements for self-promotion. (Section 18)
    - Observe the sub-judice rule regarding pending proceedings. (Section 19)
    - Disclose relationships or connections that may require inhibition. (Section 20)
    - Not give gifts, donations, or contributions to courts, tribunals, or agencies. (Section 21)
    - Not take advantage of a non-lawyer's lack of legal knowledge. (Section 22)
    - Not engage in forum shopping or institute multiple cases improperly. (Section 23)
    - Not encroach upon or interfere in another lawyer's engagement, except in certain cases. (Section 24)
    - Solo practitioners must ensure prompt and competent handling of matters. (Section 25)
    - Defines a law firm and rules for firm names. (Section 26)
    - Rules for partners assuming public office. (Section 27)
    - Lawyers in government service must observe the CPRA and other ethical standards. (Section 28)
    - Restrictions on private practice for lawyers formerly in government service. (Section 29)
    - Lawyers in government must not promote private interests or accept gifts. (Section 30)
    - Duties of public prosecutors. (Section 31)
    - Ethical standards for lawyers in the academe. (Sections 32-33)
    - Defines paralegals and a lawyer's responsibilities regarding them. (Sections 34-35)
    - Responsible use of social media by lawyers. (Sections 36-44)

Canon III: Fidelity
- Lawyers must uphold the Constitution, assist in the administration of justice, and advance the client's cause with devotion and zeal.
- Subpoints:
    - Defines the practice of law. (Section 1)
    - Responsibilities of a lawyer as an officer of the court and client's representative. (Section 2)
    - Defines the lawyer-client relationship and its fiduciary nature. (Section 3)
    - Rules on a lawyer's authority to bind a client and appear in court. (Sections 4-5)
    - Lawyers must not abuse or exploit the lawyer-client relationship. (Section 6)
    - Not file frivolous suits, impede execution of orders, or abuse court processes. (Section 7)
    - Encourage settlement or compromise of cases when possible. (Section 8)
    - Call upon client to rectify any fraudulent act, which may lead to termination. (Section 9)
    - Responsibility for mistakes or acts of subordinate lawyers, paralegals, or employees. (Section 10)
    - Responsibility of supervisory lawyers over supervised lawyers. (Section 11)
    - Responsibilities of supervised lawyers. (Section 12)
    - Rules on conflict of interest. (Sections 13-22)
    - Duties regarding acting as amicus curiae and legal education. (Sections 23-24)
    - Support for legal internship, apprenticeship, and training. (Section 25)
    - Prompt payment of IBP membership dues. (Section 26)
    - Confidentiality of privileged communication. (Section 27)
    - Protecting client confidences and exceptions. (Sections 28-32)
    - Restrictions on foreign lawyers practicing in the Philippines. (Section 33)
    - Active participation in the development of the legal profession. (Section 34)
    - Defines Limited Legal Services and related duties. (Sections 35-39)
    - Accountability of law student clinic directors and supervising lawyers. (Section 40)
    - Factors for determining fair and reasonable attorney's fees. (Section 41)
    - Rules on division of fees upon referral and non-sharing with non-lawyers. (Sections 42-43)
    - Payment of compensation by third parties. (Section 44)
    - Prompt payment of legal fees and enforcement of attorney's lien. (Sections 45-47)
    - Compensation for counsel de officio. (Section 48)
    - Accounting for client funds and property during and after engagement. (Sections 49-50)
    - Prohibition on acquiring interest in object of litigation or transaction. (Section 51)
    - Prohibition on lending and borrowing from clients, with exceptions. (Section 52)
    - Termination of engagement by lawyer or client. (Sections 53-55)
    - Accounting and turnover upon termination of engagement. (Section 56)

Canon IV: Competence and Diligence
- Lawyers must provide competent, efficient, and conscientious service.
- Subpoints:
    - Provide competent, efficient, and conscientious service. (Section 1)
    - Only undertake legal services that can be delivered, and secure collaborating counsel if needed. (Section 2)
    - Be diligent, punctual, and avoid delay in legal matters. (Sections 3-4)
    - Promptly assess merits and probable results of the case, and update the client. (Sections 5-6)
    - Avoid asking for extensions to file pleadings, except for good cause. (Section 7)
    - Engage in lifelong learning and professional development. (Section 8)
    - Rules for practicing law concurrently with another profession. (Section 9)
    - Observe ethical duties in non-legal activities. (Section 10)

Canon V: Equality
- Lawyers must adhere to the principle of equality and provide equal treatment and representation.
- Subpoints:
    - Not decline representation solely based on personal circumstances, except for justifiable reasons. (Section 1)
    - Observe higher standards when dealing with vulnerable persons. (Section 2)
    - Not refuse representation of indigent persons, except in certain cases. (Section 3)
    - Observe the same standard of service for all clients, except for vulnerable persons. (Section 4)

Canon VI: Accountability
- Lawyers are accountable to society, the courts, the legal profession, and the client.
- Subpoints:
    - Nature and institution of disciplinary proceedings against lawyers. (Sections 1-3)
    - Contents and filing of complaints. (Sections 3-4)
    - Qualifications and appointment of Investigating Commissioners. (Sections 4-5)
    - Assignment of Investigating Commissioners and disqualification rules. (Sections 5-7)
    - Duties of the Investigating Commissioner. (Section 8)
    - Allowed and prohibited submissions in disciplinary proceedings. (Sections 9-10)
    - Outright dismissal for lack of prima facie liability. (Section 11)
    - Effect of death of lawyer on disciplinary cases. (Section 12)
    - Issuance of summons and filing of verified answer. (Sections 13-14)
    - Dismissal after answer or further proceedings. (Section 15)
    - Irrelevance of desistance, settlement, compromise, restitution, withdrawal, or failure to prosecute. (Section 16)
    - Appointment of counsel de officio. (Section 17)
    - Investigation procedures, including preliminary conference, clarificatory hearing, and submissions. (Sections 18-25)
    - Issuance of report and recommendation by Investigating Commissioner. (Section 25)
    - Submission of resolution by the IBP Board of Governors. (Section 26)
    - Depositions and filing and service of papers. (Sections 27-28)
    - Raising substantial defects and motion to reopen. (Section 29)
    - Proceedings initiated before the Supreme Court. (Section 30)
    - Preventive suspension during investigation. (Section 31)
    - Quantum and burden of proof in disciplinary cases. (Section 32)
    - Defines serious, less serious, and light offenses. (Sections 33-35)
    - Assisting in the commission of an offense. (Section 36)
    - Sanctions for serious, less serious, and light offenses. (Section 37)
    - Mitigating and aggravating circumstances in determining penalties. (Section 38)
    - Manner of imposing penalties, including disbarment. (Section 39)
    - Penalty for multiple offenses. (Section 40)
    - Payment of fines and return of client's money and property. (Section 41)
    - Penalty when the respondent has been previously disbarred. (Section 42)
    - Immediately executory nature of decisions and furnishing of copies. (Section 43)
    - Confidentiality of proceedings. (Section 44)
    - Sworn statement after service of suspension and resumption of practice. (Sections 45-46)
    - Reinstatement in the roll of attorneys and petition for judicial clemency. (Sections 47-51)
    - Prohibition on employment of disbarred or suspended lawyers. (Section 52)
    - Costs in disciplinary and disbarment proceedings. (Section 53)

Revised Lawyer's Oath
- Outlines the oath taken by lawyers to uphold the Constitution, promote justice, safeguard rights, and discharge duties with integrity and civility.

General Provisions
- Transitory provision on application of the CPRA. (Section 1)
- Repealing clause for inconsistent laws, rules, and issuances. (Section 2)
- Effectivity clause. (Section 3)