Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Legal and Judicial Ethics
A. Legal Ethics (CPRA)
Legal Ethics (CPRA): Overview
Concept
Legal ethics governs a lawyer’s conduct in practice, dealings with clients and the courts, and life outside professional work when that conduct affects fitness to practice. The Code of Professional Responsibility and Accountability (CPRA) is the principal framework for lawyers’ professional duties and administrative accountability. It calls for independent, accessible, efficient, and effective legal service delivered with integrity. (A.M. No. 22-09-01-SC) (Art. 1, CPRA)1
Governing provisions
Rule 138 of the Rules of Court, as amended, governs admission to the Bar. Admission is the starting point; continuing requirements concern a lawyer’s obligations after admission. The rules on limited representation, restrictions on practice, and unauthorized practice address the scope of legal work and who may perform it. (Rule 138, Rules of Court) (A.M. No. 24-10-05-SC)
The CPRA governs lawyers’ duties and, under Canon VI, their discipline and disbarment. The Rules on Notarial Practice govern notarial work, a distinct function carrying its own requirements. These frameworks apply alongside the rules governing particular proceedings in which a lawyer appears. (A.M. No. 22-09-01-SC, Canon VI) (A.M. No. 02-8-13-SC)
Key definitions
Practice of law is the application of legal knowledge and judgment to another person’s legal rights or interests, whether in court or in other legal work. A lawyer’s privilege to practice is therefore inseparable from duties to clients, tribunals, fellow lawyers, and the public. Limited legal practice or representation concerns authority confined by the applicable rule; unauthorized practice concerns legal work undertaken without the authority required for it. (Rule 138, Rules of Court) (Art. 1, CPRA)1
How the topics fit together
Admission determines entry into the profession. Continuing requirements and practice restrictions govern the lawyer’s standing and the circumstances in which legal services may be offered. The CPRA then supplies standards for performing those services: a lawyer must act with dignity and candor, must not mislead a tribunal, and must not solicit legal business or use self-laudatory advertising. Discipline addresses breaches of professional obligations rather than the merits of a client’s case alone. (Art. 2, CPRA)2 (Art. 8, CPRA)3 (Art. 17, CPRA)4 (A.M. No. 22-09-01-SC, Canon VI)
Notarial practice and the ethical use of artificial intelligence are settings in which these obligations must also be considered. Rules and guidance on AI use do not displace a lawyer’s duty to check representations and correct inaccurate information submitted to a court, tribunal, or agency. (A.M. No. 02-8-13-SC) (A.M. No. 25-11-28-SC) (DICT-CSC Joint Memorandum Circular No. 003, s. 2026) (Art. 11, CPRA)5
Bar tip
Identify the stage and activity first: admission, authority to act, performance of a professional duty, or accountability for a breach. Then apply the rule governing that stage without treating authority to practice as a substitute for ethical compliance. (Rule 138, Rules of Court) (A.M. No. 22-09-01-SC)
Authorities
- Art. 1, CPRA
- Art. 11, CPRA
- Art. 17, CPRA
- Art. 2, CPRA
- Art. 8, CPRA