Sambola, Leslie Jane D.

Introduction to Law

The Code of Professional Responsibility and Accountability (CPRA) serves as the guiding rules
of ethical conduct for lawyers in the Philippines. Read and understand the Code of Professional
Responsibility and Accountability (CPRA) and identify four (4) sections/provisions that strike you
the most and explain the reason/s why.

In my study of the Code of Professional Responsibility and Accountability (CPRA), I have

identified four provisions that particularly resonate with me due to their contemporary relevance
and ethical significance. The CPRA, as the governing framework for the ethical conduct of
lawyers in the Philippines, is not merely a set of regulations but a reflection of the evolving
duties of legal professionals.

(1)Among the many canons, I find the CPRA’s emphasis on a lawyer’s duty to society to be
profoundly important. Specifically, Canon V, Section 1 on "Non-discrimination" is a crucial
provision that states: "A lawyer shall not decline to represent a person solely on account of the
latter's nationality or ethnicity, sexual orientation or gender identity, religion, disability, age,
marital status, social or economic status, political beliefs, or such lawyer's or the public's opinion
regarding the guilt of said person, except for justifiable reasons."

I believe this provision is paramount because it establishes a lawyer's responsibility beyond their
individual clients. It frames the legal profession as a public trust, requiring lawyers to prioritize
the rule of law and the administration of justice over personal bias. This explicit rule ensures that
personal prejudices do not stand in the way of a person's fundamental right to legal counsel. It is
a clear message that the legal profession is a pillar of justice and equality for all members of
society, regardless of who they are or what they believe.

For example, a lawyer specializing in criminal defense receives a request from a person
accused of a crime that has garnered significant negative public opinion. The lawyer, while
personally holding a strong opinion about the alleged crime, cannot refuse to represent the
person solely because of their unpopularity or the public's opinion on their guilt. Doing so would
violate the provision and undermine the principle that every individual is entitled to competent
legal representation.

(2)Second, the concept of a lawyer's professional development is something I believe is vital in

a rapidly changing world. Canon IV, Section 8 on "Lifelong learning" is a particularly
impactful provision. The Code provides: "A competent lawyer engages in lifelong learning
through the continued development of professional skills."

I find this provision compelling because it acknowledges that competence is not a static quality.
It institutionalizes the idea that a lawyer has an ongoing responsibility to stay current and adapt
to the changing legal landscape. Laws evolve, new technologies emerge, and legal precedents
shift. This rule ensures that lawyers remain competent and effective throughout their careers,
providing the best possible service to their clients and contributing to a more efficient and
well-informed legal system.

For example, a lawyer who has primarily practiced traditional litigation is hired for a case
involving a complex intellectual property dispute related to a new form of digital media. While
the lawyer has no prior experience in this area, Canon IV, Section 8 mandates that they must
either acquire the necessary knowledge to competently handle the case or associate with a
lawyer who possesses such expertise. They cannot simply rely on their existing legal
knowledge, as this would be a violation of their duty to maintain professional competence.

(3)For my third and I think one of the most modern and relevant additions to the CPRA is its
direct address of a lawyer’s conduct in the digital space. Canon II, Section 3 on "Safe
environment; avoid all forms of abuse or harassment" is a particularly noteworthy addition.
The Code states: "A lawyer shall not create or promote an unsafe or hostile environment, both
in private and public settings, whether online, in workplaces, educational or training institutions,
or in recreational areas. To this end, a lawyer shall not commit any form of physical, sexual,
psychological, or economic abuse or violence against another person. A lawyer is also
prohibited from engaging in any gender-based harassment or discrimination."

To me, this rule is groundbreaking. It extends a lawyer's ethical duties beyond the physical
courtroom and into the online world, recognizing that a lawyer’s digital conduct is a direct
reflection of their professional character. The explicit prohibition of harassment, abuse, and
inappropriate language across all settings, including social media, highlights the CPRA’s
commitment to ensuring lawyers maintain a dignified and respectful presence at all times. This
is a vital step in modernizing legal ethics and ensuring the profession remains respectable in an
increasingly digital society.

For instance, during a highly publicized case, a lawyer posts a series of comments on a news
website's article, using derogatory and demeaning language to attack the opposing counsel.
Even though the lawyer's identity is not immediately known, and the comments are made
outside of the courtroom, this conduct is a direct violation of Canon II, Section 3. The lawyer is
creating a hostile online environment and engaging in psychological abuse against a
professional colleague, which is a clear ethical breach.
(4)Finally, I find Canon VI, Section 1 to be a cornerstone of the legal profession. This provision,
entitled "Nature of disciplinary proceedings against lawyers," reads: "Disciplinary
proceedings against lawyers shall be confidential in character and summary in nature".

This section is crucial because it directly addresses the mechanism for holding lawyers
accountable while also protecting their reputation and right to due process. The confidentiality of
the proceedings ensures that a lawyer is not unfairly tainted by a complaint that may later be
found to be baseless or malicious. This balance is fundamental to fostering client trust and
maintaining the integrity of the entire legal system. The summary nature of the proceedings, on
the other hand, means that the process is designed to be swift and efficient, ensuring that
complaints are resolved in a timely manner and justice is not delayed.

For instance, a client files a complaint against their lawyer for alleged professional negligence.
According to this Canon, the complaint and the ensuing investigation by the appropriate
disciplinary body will be kept confidential. This means the details of the complaint are not made
public, and the lawyer's reputation is not damaged by unproven allegations. The investigation
will be conducted in a summary manner, meaning it will proceed with dispatch to determine the
merits of the complaint. Only if the lawyer is found guilty will the final resolution, which may
include a sanction, be published.