Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Legal and Judicial Ethics › Legal Ethics (CPRA) › Limited Legal Practice or Representation › Members of the Bar › Other Government Officials and Employees

(a) With Permission from Head of Agency (CSC Reso. No. 2500358, Sec. 138)

With Permission from Head of Agency

Concept

A government lawyer who is not absolutely prohibited from practicing law may undertake outside legal work only within the limits of the rules governing public employment. Permission from the head of the agency does not remove those limits or the lawyer’s professional duties. (Republic Act No. 6713, Section 7(b)) (Art. 28, CPRA)1

Governing provisions

Republic Act No. 6713 requires public officials and employees who engage in the private practice of a profession to have authorization by the head of their agency, provided that the practice does not conflict or tend to conflict with their official functions. Government lawyers must also observe the CPRA, the Code of Conduct and Ethical Standards for Public Officials and Employees, and other applicable laws and issuances. (Republic Act No. 6713, Section 7(b)) (Art. 28, CPRA)1

Requisites / Rules

  • Check the position first. Permission cannot authorize private practice when a law or rule absolutely prohibits the official or employee from practicing outside public employment. The ULAS Manual identifies, among others, judiciary personnel, Office of the Solicitor General personnel, and government prosecutors as subject to an absolute prohibition for purposes of its pro bono rules. (Rule 2, Sec. 3, A.M. No. 22-11-01-SC)2
  • Obtain the required authority. For private professional practice, the authorization must come from the head of the agency under Republic Act No. 6713. For pro bono legal aid services under the ULAS Manual, covered government lawyers who are not absolutely prohibited from private practice must secure appropriate written authority from their agency. (Republic Act No. 6713, Section 7(b)) (Rule 2, Sec. 9, A.M. No. 22-11-01-SC)3
  • Avoid conflict with official functions. Agency permission is not enough if the outside practice conflicts or tends to conflict with the lawyer’s public duties. A violation of the CPRA may also result in disciplinary action separate from liability under other laws or rules. (Republic Act No. 6713, Section 7(b)) (Art. 28, CPRA)1

Distinctions

Appearing for the government in an official capacity is different from private practice. Rule 138 recognizes the right of a person lawfully appointed or designated to appear for the government in a case in which it has a direct or indirect interest; that designation is not permission to take private clients. (Rule 138, Sec. 33, Rule 138 — Attorneys and Admission to Bar)4 (Republic Act No. 6713, Section 7(b))

Exceptions

If a covered government lawyer’s request for authority to render ULAS pro bono legal aid services is expressly denied, the lawyer may apply for a Certificate of Exclusion. Denial does not itself dispense with the Manual’s application and certification procedure. (Rule 2, Sec. 9, A.M. No. 22-11-01-SC)3 (Rule 2, Sec. 4, A.M. No. 22-11-01-SC)5

Bar tip

Ask in order: Is private practice absolutely prohibited for this position? If not, was the required agency authority obtained, and would the engagement conflict or tend to conflict with official duties? For ULAS pro bono work, check specifically for written authority. (Rule 2, Sec. 3, A.M. No. 22-11-01-SC)2 (Republic Act No. 6713, Section 7(b)) (Rule 2, Sec. 9, A.M. No. 22-11-01-SC)3

Authorities

  • Art. 28, CPRA
  • Rule 138, Sec. 33, Rule 138 — Attorneys and Admission to Bar
  • Rule 2, Sec. 3, A.M. No. 22-11-01-SC
  • Rule 2, Sec. 4, A.M. No. 22-11-01-SC
  • Rule 2, Sec. 9, A.M. No. 22-11-01-SC