Duty of Lawyers in the Academe | LEGAL ETHICS: CANON II. Propriety

COMPREHENSIVE DISCUSSION ON THE DUTY OF LAWYERS IN THE ACADEME UNDER PHILIPPINE LEGAL ETHICS

I. INTRODUCTION

In the Philippines, lawyers who engage in teaching law (commonly referred to as “law professors,” “law instructors,” or “members of the academe”) carry a twofold responsibility. Not only must they adhere to the Code of Professional Responsibility (as amended or subsequently replaced by the new Code of Professional Responsibility and Accountability) and general ethical standards demanded of all lawyers, but they also bear the obligation of molding future members of the legal profession.

Because of their privileged position in shaping legal minds, lawyer-professors must exemplify propriety, integrity, and competence in both word and deed. This dual role (as lawyer and educator) requires careful attention to ethical dictates at all times.

Below is a meticulous exploration of the duties and responsibilities of lawyers in the academe, in light of Canon II on Propriety and other relevant canons from the Philippine legal ethics framework.

II. SOURCES OF OBLIGATIONS AND ETHICAL STANDARDS

  1. 1988 Code of Professional Responsibility (CPR)

    • While it does not have a separate canon specifically titled “Duty of Lawyers in the Academe,” its general canons apply to lawyers in all spheres of practice.
    • Canons 1, 7, 8, 9, 10, among others, impose obligations of integrity, competence, and respect for the law.

  2. New Code of Professional Responsibility and Accountability (2023)

    • In 2023, the Supreme Court promulgated a new code that expands on lawyers’ ethical duties in various contexts. Portions of this new code highlight propriety and the broader requirement that lawyers maintain the dignity of the profession at all times, including in academic settings.

  3. Supreme Court Decisions and Jurisprudence

    • The Supreme Court has consistently stressed that a lawyer’s ethical obligations extend beyond the courtroom. This includes conduct in academic discourse, treatment of students, and upholding the dignity of the profession within the university.

  4. Institutional Rules and Guidelines

    • Universities and law schools typically impose their own codes of conduct for faculty. These must always be read in harmony with the Supreme Court’s directives on lawyer conduct, because no institutional rule can derogate from the Supreme Court’s supervision of the Bar.

III. KEY ETHICAL PRINCIPLES APPLICABLE TO LAWYERS IN THE ACADEME

  1. Duty of Propriety and Integrity

    • Propriety is not limited to avoiding wrongdoing; it demands that lawyers in the academe maintain the highest moral standards.
    • Even in personal interactions—such as mentoring, advising, or grading—professors must display honesty, fairness, and a genuine respect for students as future members of the legal profession.

  2. Duty to Maintain Competence and Continuing Education

    • Lawyers who teach must ensure that they remain updated with the latest laws, rules, and jurisprudence.
    • A law professor’s teaching has a direct impact on shaping student understanding of the law; hence, any failure to keep abreast of legal developments can mislead or shortchange students.

  3. Duty to Respect Academic Freedom, Yet Promote Ethical Conduct

    • Academic freedom empowers professors to design and deliver course material. However, this freedom is exercised within the ambit of ethical standards.
    • Lawyer-professors must encourage critical thinking while instilling reverence for ethical practice. Classroom discussion should emphasize respect for the rule of law, the courts, and the legal system.

  4. Duty of Impartiality and Fair Assessment

    • Ethical teaching demands fairness in grading and assessment of student performance.
    • Any favoritism or bias—especially if influenced by extraneous considerations (family, politics, social ties, or financial interests)—violates both the teacher’s academic duty and the lawyer’s ethical responsibility to act with justice and honesty.

  5. Duty to Avoid Conflicts of Interest

    • Lawyers in the academe often engage in private law practice. They must be vigilant in avoiding conflicts of interest that could arise, for instance, if a student is involved in a matter handled by the professor’s law office.
    • Professors must also ensure that their academic position is not exploited for personal gain, such as soliciting clients among students or pressuring students to engage the professor’s law firm.

  6. Duty to Maintain Confidentiality

    • Some students may confide personal information or legal questions (especially in legal clinics or practical exercises). Lawyer-professors are bound by professional confidentiality in dealing with information shared in this educational setting.

  7. Duty to Foster Respect for the Courts and the Profession

    • The classroom is a critical venue for transmitting respect for the judicial system and the profession.
    • Lawyers in the academe serve as role models. Thus, they must refrain from making baseless, unfair criticisms of the courts, judges, or colleagues. Constructive criticism is permitted—but the tone and manner of discussion must uphold the dignity of the profession.

  8. Duty to Serve the Public Interest

    • Through teaching, lawyer-professors can encourage students to appreciate pro bono work or community service as part of the legal profession’s responsibility.
    • Ethical educators emphasize that the practice of law is a profession in service of justice and not merely a business.

IV. SPECIFIC GUIDELINES AND BEST PRACTICES

  1. Maintain Clear Boundaries

    • Avoid any romantic or exploitative relationships with students, as these compromise objectivity and professional integrity.
    • Refrain from offering legal advice to students if it creates a lawyer-client relationship that conflicts with the professor’s role as an evaluator.

  2. Uphold Academic Honesty and Integrity

    • Plagiarism or any form of intellectual dishonesty is antithetical to the lawyer’s ethical duty.
    • When producing lecture materials, a professor must properly cite case law, statutes, and secondary sources.

  3. Model Civility and Professionalism

    • Lawyer-educators must embody civility in classroom discourse, faculty meetings, and academic forums.
    • The manner of speaking to students and colleagues should reflect courtesy and respect—even when engaging in robust legal debate.

  4. Encourage Ethical Awareness

    • Integrate discussions of legal ethics into substantive law subjects. Demonstrate how the Code of Professional Responsibility interacts with real-world scenarios.
    • Through hypotheticals or moot court simulations, underscore how ethical considerations guide a lawyer’s decision-making.

  5. Maintain an Arm’s-Length Relationship in Student Organizations

    • If the professor is also an adviser to a student organization (e.g., a moot court society or law review), the professor must maintain the integrity of that role, ensuring that organizational activities adhere to ethical standards.

  6. Responsible Use of Technology and Social Media

    • In the digital era, many law professors use online platforms to share materials or discuss legal topics. They remain bound by professional secrecy and must avoid comments or postings that undermine the legal profession’s dignity.
    • Interaction with students on social media should be conducted with the same level of professional prudence as in-person discussions.

V. RELEVANT SUPREME COURT PRONOUNCEMENTS

While direct rulings that focus solely on “law professors” are relatively few, the Supreme Court has consistently held:

  1. Lawyers Are Lawyers 24/7

    • The Supreme Court repeatedly reminds practitioners that once admitted to the Bar, a lawyer is subject to ethical scrutiny at all times—whether in courts, in personal dealings, or in academic institutions.

  2. Duty to Avoid Misconduct that Reflects on Fitness to Practice

    • Misconduct in an academic setting (e.g., sexual harassment, falsification of records, or grossly unfair grading) can be grounds for administrative and disciplinary action before the Supreme Court, possibly leading to suspension or disbarment.

  3. Elevated Standard for Mentors

    • When it comes to mentors or teachers, the Court emphasizes that they shape not only the minds but also the moral fiber of future lawyers. Any breach of ethical standards is doubly reprehensible because of the professor’s influence on impressionable students.

VI. SANCTIONS FOR VIOLATIONS

Should a lawyer in the academe commit acts of impropriety or unethical conduct, they may be subject to:

  1. Administrative Sanctions

    • The law school or university can impose penalties (reprimand, suspension, termination) for violating academic or institutional rules.

  2. Disciplinary Action by the Supreme Court

    • The Court has plenary authority to discipline members of the Bar for any conduct that puts the legal profession to disrepute.
    • Penalties range from admonition, reprimand, or suspension, up to disbarment in the gravest cases.

  3. Criminal or Civil Liability

    • In cases of harassment, graft, or other serious wrongdoing, civil suits or criminal charges may be filed. Lawyer-professors are not immune from liability simply because the wrongdoing occurred in an educational setting.

VII. CONCLUSION

The duty of lawyers in the academe is anchored on the principle that legal education is not merely about transferring knowledge of statutes and jurisprudence. It is equally (if not more) about instilling the ethical values, sense of justice, and professional responsibility that define truly honorable lawyers.

By maintaining propriety at all times—through fairness, intellectual honesty, and the highest standards of moral and professional conduct—a lawyer-professor upholds the dignity of the legal profession and shapes a new generation of lawyers who will continue to uphold the rule of law.

In sum:

  1. Maintain the highest ethical standards: Always act with integrity, fairness, and respect toward students, colleagues, and the institution.
  2. Stay intellectually and professionally competent: Regularly update one’s legal knowledge and communicate it accurately.
  3. Be a role model: Demonstrate professional courtesy, respect for the courts, and dedication to the public good—every day, in every interaction.
  4. Adhere to the Code of Professional Responsibility and Accountability: Recognize that academic freedom does not negate ethical obligations under the Supreme Court’s rules.

A lawyer’s life in the academe is a privileged vocation that balances intellectual engagement with profound ethical responsibility. By fulfilling these duties diligently, lawyer-professors help ensure that the profession remains honorable, competent, and ever committed to the cause of justice.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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