i. Responsible Use of Social Media

B. Code of Professional Responsibility and Accountability (A.M. No. 22-09-01- SC) (part 1 of 4)

• Canon 1 – Independence; Merit-Based Practice – Section 2
• Canon 2 – Propriety
• Proper Conduct; Dignified Conduct – Sections 1 and 2
• Use of Dignified, Gender-Fair, and Child- and Culturally- Sensitive Language – Section 4
• Duty to correct false or inaccurate statements and information made in relation to an application for admission to the bar – Section 11
• Duty to report dishonest, deceitful, or misleading conduct – Section 12
• Duty to disclose relationship or connection – 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
• Duty not to solicit or advertise one’s legal service – Section 17
• Duty not to use any forum or medium to comment or publicize opinion pertaining to a pending proceeding – Sub-Judice Rule; Section 19
• Duty not to give gifts and donations to any court, tribunal or other government agency – Section 21
• Duty not to institute multiple cases; Forum Shopping – Section 23
• Duty not to encroach or interfere in another lawyer’s engagement – Section 24
• Responsible Use of Social Media
• Canon III – Fidelity
• Definition of the Practice of Law – Section 1
• Definition of Lawyer-Client Relationship – Section 3
• Conflict of interest – Sections 13-22
• Limited Legal Services – Sections 35-40
• Responsibility of a Solo Practitioner – Canon II, sec. 25
• Responsibility of a Law Firm – Canon II, sec. 26
• Responsibility of a Government Lawyer and those in the Prosecution Service – Canon II, secs. 28-29
• Responsibility of a Paralegal – Canon II, secs. 34-35
• Responsibility of Lawyers in the Academe – Canon II, sec. 32
• Responsibility of Law firms; Supervisory and Supervised Lawyers – Canon III, secs. 10-12
• Responsibility of a Legal Clinic – Canon III, secs. 39-40
• Attorney’s Fees – Section 41
• Attorney’s Lien – Sections 47, 53 and 54
• Prohibition on Lending and Borrowing; Exceptions – Section 52
• Prohibition against Acquiring Interest in the Object of Litigation or Transaction – Section 51; Civil Code, art. 1491
• Termination of Engagement by the Lawyer – Section 53
• Termination of Engagement by the Client – Section 54
• Termination of Engagement upon Death – Section 55
• Prohibition against Acquiring Interest in the Object of Litigation or Transaction – Section 51; Civil Code, art. 1491
• Canon IV – Competence and Diligence
• Duty to provide competent, efficient, and conscientious legal service – Section 1
• Duty to diligently and seasonably act on any legal matter entrusted by the client – Sections 3-6
• Duty to engage in lifelong learning – Section 8
• Canon V - Equality
• Duty to make representation on the basis of non-discrimination – Section 1
• Duty to provide a higher standard of service to vulnerable persons and indigents – Sections 2-3
• Duty to provide the same standard of service – Section 4
• Canon VI – Accountability
• How instituted – Sections 2 and 30
• Proceedings against a government lawyer – Section 6
• Proceedings against members of the judiciary – Section 2
• Preventive suspension – Section 31
• Quantum and burden of proof – Section 32
• Executory nature of the decision or resolution – Section 43
• Sworn statement after service of suspension – Sections 45-46
• Judicial Clemency – Sections 47-51
• Prohibition against employment of disbarred or suspended lawyer – Section 52

Canon 1 – Independence; Merit-Based Practice

> Section 2. 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.

Canon 2 – Propriety

Proper Conduct; Dignified Conduct

> Section 1. Proper conduct. — A lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct. Section 2. 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.

Use of Dignified, Gender-Fair, and Child- and Culturally- Sensitive 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.

Duty to correct false or inaccurate statements and information made in relation to an application for admission to the bar

> 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.

Duty to report dishonest, deceitful, or misleading conduct

> 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.

Duty to disclose relationship or connection

> 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.

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. 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.

Duty not to solicit or advertise one’s legal service

> 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.

Duty not to use any forum or medium to comment or publicize opinion pertaining to a pending proceeding

> 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:

(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.

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.

Duty not to institute multiple cases; Forum Shopping

> 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.

Duty not to encroach or interfere in another lawyer’s engagement

> 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.

> RESPONSIBLE USE OF SOCIAL MEDIA A lawyer shall uphold the dignity of the legal profession in all social media interactions in a manner that enhances the people’s confidence in the legal system, as well as promote its responsible use. Section 36. Responsible use. — A lawyer shall have the duty to understand the benefits, risks, and ethical implications associated with the use of social media. Section 37. 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. Section 38. 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. Section 39. 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. Section 40. 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. Section 41. 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. Section 42. 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. Section 43. 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. Section 44. 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.

Canon III – Fidelity

Definition of the Practice of Law

> Section 1. Practice of law. — The practice of law is the rendition of legal service or performance of acts or the application of law, legal principles, and judgment, in or out of court, with regard to the circumstances or objectives of a person or a cause, and pursuant to a lawyer-client relationship or other engagement governed by the Code of Professional Responsibility and Accountability for lawyers. It includes employment in the public service or private sector and requires membership in the Philippine bar as qualification.

Definition of Lawyer-Client Relationship

> Section 3. Lawyer-client relationship. — A lawyer-client relationship is of the highest fiduciary character. As a trust relation, it is essential that the engagement is founded on the confidence reposed by the client on the lawyer. Therefore, a lawyer-client relationship shall arise when the client consciously, voluntarily and in good faith vests a lawyer with the client’s confidence for the purpose of rendering legal services such as providing legal advice or representation, and the lawyer, whether expressly or impliedly, agrees to render such services.

Conflict of interest