Lawyers' Professional Duties and Responsibilities under the Code of Professional Responsibility and Accountability (CPRA)
(A.M. No. 22-09-01-SC, 2022)
The Code of Professional Responsibility and Accountability (CPRA), promulgated by the Supreme Court under A.M. No. 22-09-01-SC in 2022, is the latest iteration of ethical guidelines governing Philippine lawyers. It serves as a comprehensive framework for upholding the integrity of the legal profession while promoting the rule of law and the proper administration of justice. Below is a meticulous breakdown of the professional duties and responsibilities of lawyers as set forth under the CPRA:
I. DUTIES TO SOCIETY
Upholding the Rule of Law and the Public Interest
- Lawyers must ensure the rule of law is preserved and prioritize the public good over private interests (Rule 1.01).
- Avoid participation in acts that undermine democratic institutions or judicial independence (Rule 1.02).
Promoting Access to Justice
- Lawyers are required to assist the underprivileged in gaining access to justice and render free legal services when circumstances allow (Rule 1.03).
- Advocate for reforms in the justice system to make it more efficient and equitable (Rule 1.04).
Combating Corruption and Unethical Practices
- Lawyers must actively report and avoid complicity in corruption, bribery, and any form of fraud within the legal profession or judicial system (Rule 1.05).
II. DUTIES TO THE LEGAL PROFESSION
Preservation of Integrity and Dignity
- Lawyers are expected to conduct themselves in a manner that preserves the dignity and reputation of the legal profession (Rule 2.01).
- Avoid behavior that brings disrepute to the profession, including publicly disparaging other lawyers without just cause (Rule 2.02).
Fidelity to Ethical Standards
- Ensure compliance with all ethical standards and professional regulations, including those specific to local bar associations (Rule 2.03).
- Act in good faith when representing the profession in public or private engagements (Rule 2.04).
Avoidance of Conflicts of Interest
- Lawyers must take precautions to avoid conflicts of interest in their legal practice and must not represent conflicting interests without written consent from all parties concerned (Rule 2.05).
III. DUTIES TO THE COURT
Candor, Fairness, and Respect
- Lawyers must demonstrate utmost candor and honesty in all proceedings before the court (Rule 3.01).
- Avoid using intemperate language or tactics that delay or obstruct the administration of justice (Rule 3.02).
Compliance with Court Rules and Orders
- Strict adherence to procedural and substantive rules is mandated (Rule 3.03).
- Comply promptly with court directives, orders, and processes (Rule 3.04).
Duty to Report Judicial Misconduct
- If a lawyer becomes aware of judicial misconduct, they are duty-bound to report it to appropriate authorities (Rule 3.05).
IV. DUTIES TO CLIENTS
Fiduciary Duty of Loyalty and Confidentiality
- Maintain undivided loyalty to the client’s cause and avoid conflicts of interest (Rule 4.01).
- Preserve the confidentiality of all client communications even after the termination of the lawyer-client relationship (Rule 4.02).
Competent and Diligent Representation
- Provide competent and diligent legal services by being knowledgeable, prepared, and thorough in all matters (Rule 4.03).
- Keep clients informed of case developments and respond promptly to inquiries (Rule 4.04).
Avoidance of Overcharging and Mismanagement
- Lawyers are prohibited from charging exorbitant or unconscionable fees (Rule 4.05).
- Properly manage client funds and avoid co-mingling with personal funds (Rule 4.06).
V. DUTIES TO THE COMMUNITY
Advancing Legal Education and Public Awareness
- Lawyers must contribute to the development of legal knowledge through research, publication, and lectures (Rule 5.01).
- Promote public awareness of rights, duties, and the legal system (Rule 5.02).
Participation in Pro Bono Work
- Provide legal services to the marginalized and underprivileged sectors of society as part of the lawyer’s duty to promote social justice (Rule 5.03).
VI. DUTIES TO OTHER LAWYERS
Professional Courtesy and Collegiality
- Treat fellow lawyers with respect, courtesy, and fairness, even in adversarial situations (Rule 6.01).
- Avoid unjustified accusations, unfounded complaints, or harassment of fellow practitioners (Rule 6.02).
Mentorship and Guidance
- Experienced lawyers are encouraged to mentor younger colleagues to ensure the continuous improvement of the profession (Rule 6.03).
VII. ENFORCEMENT AND SANCTIONS UNDER THE CPRA
Disciplinary Measures
- Violations of the CPRA may result in sanctions such as reprimands, suspension, disbarment, or fines.
- The Supreme Court exercises exclusive jurisdiction over disciplinary proceedings against lawyers.
Accountability Mechanisms
- The Integrated Bar of the Philippines (IBP) plays a central role in enforcing ethical standards through its grievance machinery and Continuing Legal Education programs.
- Lawyers are required to renew their professional accountability through periodic compliance reports (e.g., MCLE).
Restorative Justice
- In appropriate cases, the CPRA encourages reconciliation and rehabilitation measures for lawyers who have erred but exhibit genuine remorse and efforts to reform.
VIII. SIGNIFICANCE AND IMPACT
The CPRA not only modernizes and clarifies the ethical obligations of lawyers but also emphasizes accountability, transparency, and public trust in the legal profession. Lawyers are called to rise above personal interest, advance the greater good, and serve as guardians of justice in an ever-changing legal and social landscape.