DISCLAIMER: The following discussion is a general overview of legal ethics principles in the Philippines relating to a lawyer’s duty to act with propriety in personal and professional dealings. It is not legal advice. For specific questions or situations, consult qualified counsel.

CANON II. PROPRIETY

B. Duty to Act with Propriety in Personal and Professional Dealings

In Philippine legal ethics, the lawyer’s obligation to act with propriety—both in personal life and in the course of professional practice—is deeply rooted in the principle that membership in the legal profession is a privilege burdened with conditions. One such condition is the perpetual requirement of good moral character and the commitment to uphold the dignity of the legal profession at all times.

Below is a detailed discussion of the relevant rules, jurisprudential doctrines, and practical applications of a lawyer’s duty to act with propriety. Although the 1988 Code of Professional Responsibility (CPR) remains widely cited in court decisions, take note that the Supreme Court of the Philippines recently promulgated a new Code of Professional Responsibility and Accountability (CPRA) (effective 2023), refining certain rules. The guiding principle, however, remains consistent across all iterations: a lawyer’s conduct—whether inside or outside the courtroom—must reflect honor and uphold public confidence in the legal profession.

1. Concept of Propriety

1.1 Definition and Scope

Propriety generally refers to conduct that is ethical, courteous, respectful, and in keeping with the dignity of the legal profession.
It governs not only a lawyer’s dealings with clients, courts, colleagues, and the public but also personal behavior outside the practice of law.
A lawyer’s character and ethics are perceived as one indivisible whole; thus, any scandalous or immoral act—whether or not directly connected with professional duties—can trigger disciplinary action.

1.2 Legal Foundation

Lawyer’s Oath: Upon admission to the Bar, every lawyer swears to uphold the Constitution, obey the laws, and do no falsehood. Implied in this oath is the commitment to behave with dignity and courtesy in all dealings.
Code of Professional Responsibility (1988):
- Canon 7: “A lawyer shall uphold the dignity and integrity of the legal profession…”
- Canon 1: “A lawyer shall uphold the Constitution, obey the laws of the land…”
- Canon 8: “A lawyer shall conduct himself with courtesy, fairness, and candor…”
- Canon 6: “A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.”
- While the CPR references different canons, all revolve around maintaining appropriate conduct.
Code of Professional Responsibility and Accountability (CPRA) (2023):
- Retains the principle that lawyers must maintain propriety, integrity, and good moral character both in their professional and personal dealings.
- The Supreme Court underscores that repeated unethical conduct or behavior that offends moral standards can lead to administrative sanctions, from reprimand up to disbarment.

2. Personal Dealings: Propriety Beyond the Courtroom

2.1 Continuous Requirement of Good Moral Character

Good moral character is not only required at the time of admission to the Bar but is a continuing requirement throughout a lawyer’s practice.
A lawyer’s personal actions (e.g., financial dealings, interactions on social media, behavior in public or private events) should never undermine public confidence in the profession.

2.2 Examples of Improper Personal Conduct

Immoral conduct (e.g., illicit relationships, bigamy, or behavior contrary to societal moral standards).
Dishonest conduct (e.g., issuing bouncing checks, fraud, or deceit in personal transactions).
Criminal conduct (e.g., convictions for crimes involving moral turpitude).
Abusive behavior (e.g., harassment or violence, even if not directly tied to legal practice).

When found administratively liable for such acts, lawyers can face suspension or disbarment, depending on the gravity of the offense.

2.3 Representative Jurisprudence

In re: Paraiso – An early Supreme Court pronouncement that even non-legal misconduct can be punished if it undermines the lawyer’s integrity or fitness to continue in practice.
Cantiller v. Potenciano – The Court emphasized that the personal behavior of a lawyer reflects on the entire legal profession.
Aguirre v. Rana – The Supreme Court explained that a lawyer’s moral delinquency in personal dealings justifies disciplinary action because it erodes public trust.

3. Professional Dealings: Upholding Dignity and Integrity

3.1 Dealings with the Court

Respectful Language and Conduct: Lawyers must demonstrate respect in pleadings, oral arguments, and all forms of communication with the court. Any discourtesy or contemptuous behavior can subject them to disciplinary measures.
Candor and Honesty: A lawyer must never mislead or deceive the court. Good faith in all submissions and representations is crucial.

3.2 Dealings with Clients

Fidelity to Client’s Cause: While a lawyer must zealously represent a client, such representation should never trample upon truth, law, or the lawyer’s obligations to the courts and society.
Confidentiality: Lawyers must keep client information confidential and avoid conflicts of interest.
Fair and Reasonable Fees: Overcharging or exploitative billing practices are considered unethical.

3.3 Dealings with Opposing Counsel

Courtesy and Fairness: Lawyers should maintain professionalism, avoid acrimonious or harassing tactics, and refrain from personal attacks.
Integrity in Negotiations: Misrepresenting facts or positions to gain an unfair advantage is deemed unethical.

3.4 Dealings with the Public

Proper Advertising and Solicitation: Under the CPR (and reaffirmed in the CPRA), advertising should be dignified and truthful. Misleading advertisements or improper solicitation of clients is prohibited.
Public Statements: Lawyers should be mindful that making public statements, particularly about pending cases, can jeopardize the administration of justice or prejudice the rights of parties.

4. Ethical Violations and Sanctions

4.1 Administrative Proceedings

Initiation: Complaints against a lawyer for unethical behavior can be filed with the Integrated Bar of the Philippines (IBP) or directly with the Supreme Court.
Investigation and Adjudication: The IBP Commission on Bar Discipline conducts investigations. The Supreme Court has ultimate disciplinary authority and decides whether to impose sanctions.

4.2 Possible Penalties

Reprimand – A formal admonition for less serious infractions.
Suspension – Prohibits practice of law for a specified period or until further order of the Court.
Disbarment – The severest penalty; lawyer’s name is stricken from the Roll of Attorneys. This is reserved for serious or repeated offenses signifying unfitness to remain in the profession.

4.3 Aggravating and Mitigating Factors

Courts weigh the gravity of misconduct, the presence of similar past offenses, and any mitigating factors (e.g., remorse, reparation for damage, or extenuating circumstances).

5. Practical Guidance: Ensuring Propriety

Observe Decorum in All Settings
- Maintain a dignified demeanor in court, offices, social functions, and even online platforms (e.g., social media).
- Remember that perceived disrespect or inappropriate comments could affect your standing as a lawyer.
Adhere Strictly to Honesty
- Never falsify documents or statements.
- Rectify inadvertent errors immediately; full disclosure upholds integrity.
Avoid Conflicts of Interest
- Decline representation if it compromises your loyalty to a current or former client.
- Disclose any personal interest that may affect your professional judgment.
Maintain Confidentiality
- Secure client files diligently; do not discuss sensitive matters in public or with unauthorized persons.
Continuous Compliance with the Law
- Abide by civil, criminal, and administrative laws.
- Be mindful that minor infractions (e.g., repeated bouncing checks, tax evasion) can lead to questions about moral fitness.
Professional Courtesy
- Treat opposing counsel, witnesses, and court personnel with respect.
- Never resort to harassment or humiliating tactics.
Self-Regulation and Education
- Keep updated on the latest rules under the CPRA.
- Participate in Mandatory Continuing Legal Education (MCLE) programs.
- Seek guidance from peers or ethics committees if faced with ethical dilemmas.

6. Importance of Propriety to the Legal Profession

The legal profession occupies a unique position in society: lawyers are officers of the court, stewards of justice, and guardians of the rule of law. Public confidence in the profession—and in the administration of justice—hinges on the ethical and moral conduct of every attorney. Thus, the duty to act with propriety is paramount. Any slip in propriety, whether through personal indiscretions or professional impropriety, diminishes the collective trust that the public places in lawyers and the courts.

CONCLUSION

A lawyer’s duty to act with propriety in personal and professional dealings is a fundamental ethical mandate under both the 1988 Code of Professional Responsibility and the 2023 Code of Professional Responsibility and Accountability. It is anchored on the unyielding principle that the lawyer’s character must always reflect honesty, dignity, and respect. This duty transcends the boundaries of the lawyer’s practice and extends to everyday life.

Because the moral fitness of a lawyer is an ever-present requirement, breaches of propriety—no matter how seemingly minor—can trigger administrative liability leading to sanctions up to disbarment. To preserve and enhance the public’s trust in the legal profession, lawyers must be vigilant in upholding the highest standards of ethical conduct, professionalism, and personal integrity.