Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Legal and Judicial Ethics › Legal Ethics (CPRA) › Duties and Responsibilities of Lawyers (CPRA)

f. Equality (Canon V)

EQUALITY (CANON V)

Concept

Canon V of the Code of Professional Responsibility and Accountability (CPRA) concerns equality in the practice of law. A lawyer must treat persons with fairness and help make legal assistance accessible, particularly to those who would otherwise have difficulty obtaining it. Equality does not require a lawyer to accept every prospective client; it governs how the lawyer deals with people and discharges professional duties. (Art. V, CPRA)1 (A.M. No. 22-09-01-SC, Canon V)

Governing provisions

  • Canon V of the CPRA is the governing canon on equality. The Revised Lawyer’s Oath commits lawyers to safeguard the rights of all persons, identities, and communities and to ensure greater and equitable access to justice. (Art. V, CPRA)1 (Art. 53, CPRA)2
  • The Constitution provides that free access to courts and quasi-judicial bodies, and adequate legal assistance, shall not be denied to any person by reason of poverty. (1987 Constitution, Article III, Section 11)

Requisites / Rules

  • A lawyer must not discriminate in professional dealings on grounds unrelated to a person’s legal needs or the merits of a matter. Assess a request for representation using legitimate considerations, such as competence, conflicts of interest, and the ability to undertake the work, rather than prejudice. (A.M. No. 22-09-01-SC, Canon V)
  • Equal treatment includes meaningful access to legal services for persons with limited means. The duty to improve access to justice is not merely a matter of courtesy: it forms part of the professional commitment expressed in the Lawyer’s Oath. (A.M. No. 22-09-01-SC, Canon V) (Art. 53, CPRA)2
  • Fairness applies in both personal and professional engagements. A lawyer must insist on obedience to the law and the observance of fairness, including when dealing with persons who are not the lawyer’s clients. (Art. 5, CPRA)3

Distinctions

Equality is distinct from a guarantee of success or an entitlement to a particular lawyer. The constitutional protection against denial of access because of poverty concerns access to courts and adequate legal assistance; it does not dispense with the rules on competence, conflicts, or proper professional conduct. (1987 Constitution, Article III, Section 11) (A.M. No. 22-09-01-SC, Canon V)

Key doctrines

Equality also requires attention to how a lawyer uses professional position. A lawyer should rely on the merits of a cause, not exert or appear to exert influence over a court, tribunal, or government agency. Favorable treatment obtained through claimed connections is not a substitute for equal treatment under the law. (Art. 2, CPRA)4 (Art. 15, CPRA)5

Bar tip

In a Canon V problem, identify the unequal treatment or access barrier first. Then ask whether the lawyer’s decision rested on a legitimate professional reason or on prejudice, and whether the lawyer took the obligation of equitable access to justice into account. (A.M. No. 22-09-01-SC, Canon V) (Art. 53, CPRA)2

Authorities

  • Art. 15, CPRA
  • Art. 2, CPRA
  • Art. 5, CPRA
  • Art. 53, CPRA
  • Art. V, CPRA