LEGAL ETHICS: PROFESSIONAL DUTIES AND RESPONSIBILITIES UNDER THE CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY (CPRA) [A.M. No. 22-09-01-SC]

I. Introduction

The Code of Professional Responsibility and Accountability (CPRA), which supersedes the previous Code of Professional Responsibility, was promulgated by the Supreme Court to govern the ethical conduct of Filipino lawyers. The CPRA emphasizes the need for lawyers to embody integrity, professionalism, and accountability in their practice, thereby ensuring that they serve not only their clients but also the broader interest of justice and society.

The overarching intent of the CPRA is to develop and maintain a legal profession comprised of lawyers who are "possessed of integrity." This entails adherence to the highest ethical standards, unwavering commitment to the rule of law, and a profound sense of responsibility to the profession, clients, the courts, and society.

II. Fundamental Principles of the CPRA

The CPRA establishes several core principles that serve as the foundation of a lawyer's professional duties:

Integrity as the Core Virtue
- Lawyers must exemplify honesty, fairness, and moral uprightness in all aspects of their professional and personal lives.
- Integrity extends to truthful representation of facts, avoidance of deceitful practices, and maintaining the trust of clients, the courts, and the public.
Accountability
- Lawyers are accountable for their actions and decisions in the performance of their duties. This accountability is not only to their clients but also to the courts, their peers, and society.
- Violations of ethical standards are subject to disciplinary actions by the Supreme Court or its delegated bodies.
Service to Justice
- Lawyers are officers of the court and are bound by their duty to assist in the administration of justice. Their primary responsibility is to ensure that justice is served, even if it conflicts with their clients' interests.
Promotion of Public Trust in the Legal Profession
- The CPRA underscores the importance of maintaining public confidence in the legal profession. Lawyers must avoid acts that could tarnish the image of the profession or erode public trust.
Professional Competence and Diligence
- Lawyers must possess the requisite legal knowledge and skill to competently represent their clients. They must also diligently fulfill their professional duties, ensuring prompt and efficient delivery of legal services.

III. Lawyers' Professional Duties under the CPRA

The CPRA outlines the specific duties of lawyers under four main categories: duties to society, the legal profession, clients, and the courts.

A. Duties to Society

Upholding the Rule of Law
- Lawyers are mandated to uphold and defend the Constitution, respect laws and legal processes, and promote the orderly administration of justice.
- They must discourage litigation that lacks merit or is intended to harass or oppress.
Promotion of Access to Justice
- Lawyers must assist in ensuring that justice is accessible to all, particularly the marginalized and underprivileged.
- They are encouraged to render free legal services (pro bono work) to those who cannot afford legal representation.
Avoidance of Acts Contrary to Public Interest
- Lawyers must refrain from engaging in activities or transactions that undermine the public good or promote corruption and injustice.

B. Duties to the Legal Profession

Fostering Respect for the Legal Profession
- Lawyers must conduct themselves in a manner that reflects positively on the legal profession. This includes refraining from offensive conduct, avoiding public disputes with peers, and respecting the dignity of the profession.
Mutual Support Among Lawyers
- Lawyers are encouraged to assist one another in upholding ethical standards and promoting the collective welfare of the profession.
Adherence to Ethical Practices
- Lawyers must avoid solicitation of clients through unethical means, including false advertising or offering financial inducements.
Continuous Legal Education
- To maintain competence, lawyers must pursue lifelong learning and stay updated on developments in law and jurisprudence.

C. Duties to Clients

Fidelity to Client's Cause
- Lawyers must prioritize their clients' interests within the bounds of the law and ethics.
- They must act with loyalty, avoiding conflicts of interest and disclosing all relevant information.
Confidentiality
- Lawyers are bound to preserve their clients' confidences, even after the termination of the attorney-client relationship, except when required by law or authorized by the client.
Diligence and Competence
- Lawyers must handle their clients' cases with the utmost diligence, competence, and attention to detail.
- They must communicate regularly with clients and keep them informed of the progress of their cases.
Reasonable Fees
- Legal fees must be reasonable and commensurate with the nature and complexity of the case. Excessive or exorbitant fees are prohibited.

D. Duties to the Courts

Candor, Honesty, and Fairness
- Lawyers must be truthful in their representations before the court, ensuring that they do not mislead judges or other officers of the court.
Respect for Judicial Authority
- Lawyers must show respect for the judiciary by complying with court orders and maintaining decorum in court proceedings.
Avoidance of Improper Influence
- Lawyers must refrain from attempting to influence judges or court personnel through improper means.
Assistance in the Administration of Justice
- Lawyers are expected to assist the court in ensuring that justice is delivered efficiently and fairly.

IV. Enforcement and Accountability

A. Disciplinary Actions

The Supreme Court retains the authority to discipline erring lawyers for violations of the CPRA. Sanctions may include:

Reprimand or censure;
Suspension from the practice of law;
Disbarment in extreme cases.

B. Grievance Mechanisms

Clients or other parties aggrieved by a lawyer's conduct may file complaints with the Integrated Bar of the Philippines (IBP) or directly with the Supreme Court.

C. Role of the Integrated Bar of the Philippines

The IBP plays a critical role in promoting ethical practice and disciplining lawyers. It provides training and guidance to lawyers on compliance with the CPRA.

V. Conclusion

The CPRA's emphasis on fostering "lawyers possessed of integrity" reflects the Supreme Court's commitment to maintaining the highest ethical standards in the legal profession. By adhering to the CPRA, Filipino lawyers not only ensure the protection of their clients' rights but also contribute to the proper administration of justice and the promotion of public trust in the legal system. The CPRA serves as a reminder that the practice of law is not merely a profession but a noble calling dedicated to the service of society and the pursuit of justice.