CODE OF PROFESSIONAL RESPONSIBILITY AND

ACCOUNTABILITY (CPRA)

CANON 1

INDEPENDENCE

The independence of a lawyer in the discharge of professional duties without any

improper influence, restriction, pressure, or interference, direct or indirect, ensures
effective legal representation and is ultimately imperative for the rule of law.

Section 1. Independent, accessible, efficient and effective legal service. — A lawyer

shall make legal services accessible in an efficient and effective manner. In performing
this duty, a lawyer shall maintain independence, act with integrity, and at all times
ensure the efficient and effective delivery of justice.

Section 2. Merit-based practice. — A lawyer shall rely solely on the merits of a cause
and not exert, or give the appearance of, any influence on, nor undermine the authority
of, the court, tribunal or other government agency, or its proceedings.

Section 3. Freedom from improper considerations and external influences. — A lawyer

shall not, in advocating a client’s cause, be influenced by dishonest or immoral
considerations, external influences, or pressure.

Section 4. Non-interference by a lawyer. — Unless authorized by law or a court, a

lawyer shall not assist or cause a branch, agency, office or officer of the government to
interfere in any matter before any court, tribunal, or other government agency.

Section 5. Lawyer’s duty and discretion in procedure and strategy. — A lawyer shall not
allow the client to dictate or determine the procedure in handling the case.

Nevertheless, a lawyer shall respect the client’s decision to settle or compromise the
case after explaining its consequences to the client.

CANON 2

PROPRIETY

A lawyer shall, at all times, act with propriety and maintain the appearance of propriety
in personal and professional dealings, observe honesty, respect and courtesy, and
uphold the dignity of the legal profession consistent with the highest standards of ethical
behavior.

Section 1. Proper conduct. — A lawyer shall not engage in unlawful, dishonest,

immoral, or deceitful conduct.

Section 2. Dignified conduct. — A lawyer shall respect the law, the courts, tribunals,
and other government agencies, their officials, employees, and processes, and act with
courtesy, civility, fairness, and candor towards fellow members of the bar.

A lawyer shall not engage in conduct that adversely reflects on one’s fitness to practice
law, nor behave in a scandalous manner, whether in public or private life, to the
discredit of the legal profession.

Section 3. Safe environment; avoid all forms of abuse or harassment. — 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.

Section 4. Use of dignified, gender-fair, and child- and culturally-sensitive language. —

A lawyer shall use only dignified, gender-fair, child- and culturally-sensitive language in
all personal and professional dealings.

To this end, a lawyer shall not use language which is abusive, intemperate, offensive or
otherwise improper, oral or written, and whether made through traditional or electronic
means, including all forms or types of mass or social media.

Section 5. Observance of fairness and obedience. — A lawyer shall, in every personal

and professional engagement, insist on the observance of the principles of fairness and
obedience to the law.

Section 6. Harassing or threatening conduct. — A lawyer shall not harass or threaten a

fellow lawyer, the latter’s client or principal, a witness, or any official or employee of a
court, tribunal, or other government agency.

Section 7. Formal decorum and appearance. — A lawyer shall observe formal decorum
before all courts, tribunals, and other government agencies.

A lawyer’s attire shall be consistent with the dignity of the court, tribunal or other
government agency, with due respect to the person’s sexual orientation, gender identity,
and gender expression.

Section 8. Prohibition against misleading the court, tribunal, or other government

agency. — A lawyer shall not misquote, misrepresent, or mislead the court as to the
existence or the contents of any document, argument, evidence, law, or other legal
authority, or pass off as one’s own the ideas or words of another, or assert as a fact that
which has not been proven.

Section 9. Obstructing access to evidence or altering, destroying, or concealing

evidence. — A lawyer shall not obstruct another lawyer’s access to evidence during
trial, including testimonial evidence, or alter, destroy, or conceal evidence.

Section 10. Conduct in the presentation of a witness. — A lawyer shall avoid all forms
of impropriety when presenting or confronting a witness.

A lawyer shall not coach, abuse, discriminate against, or harass any witness, in or out of
the court, tribunal, or other government agency, or talk to a witness during a break or
recess in the trial, while a witness is still under examination. Neither shall a lawyer
direct, assist, or abet any misrepresentation or falsehood by a witness.

Section 11. False representations or statements; duty to correct. — A lawyer shall not
make false representations or statements. A lawyer shall be liable for any material
damage caused by such false representations or statements.

A lawyer shall not, in demand letters or other similar correspondence, make false
representations or statements, or impute civil, criminal, or administrative liability, without
factual or legal basis.

A lawyer shall correct false or inaccurate statements and information made in relation to
an application for admission to the bar, any pleading, or any other document required by
or submitted to the court, tribunal or agency, as soon as its falsity or inaccuracy is
discovered or made known to him or her.

Section 12. Duty to report dishonest, deceitful or misleading conduct. — A lawyer shall
immediately inform a court, tribunal, or other government agency of any dishonest,
deceitful or misleading conduct related to a matter being handled by said lawyer before
such court, tribunal, or other government agency.
A lawyer shall also report to the appropriate authority any transaction or unlawful activity
that is required to be reported under relevant laws, including the submission of covered
and suspicious transactions under regulatory laws, such as those concerning anti-
money laundering. When disclosing or reporting the foregoing information to the
appropriate court, tribunal, or other government agency, the lawyer shall not be deemed
to have violated the lawyer’s duty of confidentiality.

Any such information shall be treated with strict confidentiality.

A baseless report shall be subject to civil, criminal, or administrative action.

Section 13. Imputation of a misconduct, impropriety, or crime without basis. — A lawyer

shall not, directly or indirectly, impute to or accuse another lawyer of a misconduct,
impropriety, or a crime in the absence of factual or legal basis.

Neither shall a lawyer, directly or indirectly, file or cause to be filed, or assist in the filing
of frivolous or baseless administrative, civil, or criminal complaints against another
lawyer.

Section 14. Remedy for grievances; insinuation of improper motive. — A lawyer shall
submit grievances against any officer of a court, tribunal, or other government agency
only through the appropriate remedy and before the proper authorities.

Statements insinuating improper motive on the part of any such officer, which are not
supported by substantial evidence, shall be ground for disciplinary action.

Section 15. Improper claim of influence or familiarity. — A lawyer shall observe

propriety in all dealings with officers and personnel of any court, tribunal, or other
government agency, whether personal or professional. Familiarity with such officers and
personnel that will give rise to an appearance of impropriety, influence, or favor shall be
avoided.

A lawyer shall not make claims of power, influence, or relationship with any officer of a
court, tribunal, or other government agency.

Section 16. Duty to report life-threatening situations. — A lawyer who has reasonable
grounds to believe that a life-threatening situation is likely to develop in relation to any
proceeding in any court, tribunal, or other government agency shall immediately report
the same to the proper authorities.

Section 17. Non-solicitation and impermissible advertisement. — A lawyer shall not,

directly or indirectly, solicit, or appear to solicit, legal business.

A lawyer shall not, directly or indirectly, advertise legal services on any platform or
media except with the use of dignified, verifiable, and factual information, including
biographical data, contact details, fields of practice, services offered, and the like, so as
to allow a potential client to make an informed choice. In no case shall the permissible
advertisement be self-laudatory.

A lawyer, law firm, or any of their representatives shall not pay or give any benefit or
consideration to any media practitioner, award-giving body, professional organization, or
personality, in anticipation of, or in return for, publicity or recognition, to attract legal
representation, service, or retainership.

Section 18. Prohibition against self-promotion. — A lawyer shall not make public
appearances and statements in relation to a terminated case or legal matter for the
purpose of self-promotion, self- aggrandizement, or to seek public sympathy.
Section 19. Sub-judice rule. — A lawyer shall not use any forum or medium to
comment or publicize opinion pertaining to a pending proceeding before any court,
tribunal, or other government agency that may:

(a) cause a pre-judgment, or

(b) sway public perception so as to impede, obstruct, or influence the decision of such
court, tribunal, or other government agency, or which tends to tarnish the court’s or
tribunal’s integrity, or
(c) impute improper motives against any of its members, or
(d) create a widespread perception of guilt or innocence before a final decision.
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Section 20. Disclosure of relationship or connection. — A lawyer shall, at the first

available opportunity, formally disclose on record the lawyer’s relationship or connection
with the presiding officer of any court, tribunal, or other government agency, or any of its
personnel, or the lawyer’s partners, associates, or clients, that may serve as a ground
for mandatory inhibition in any pending proceeding before such court, tribunal, or other
government agency.

Section 21. Prohibition against gift-giving and donations. — A lawyer shall not directly
or indirectly give gifts, donations, contributions of any value or sort, on any occasion, to
any court, tribunal or government agency, or any of its officers and personnel.

Section 22. No undue advantage of ignorance of the law. — A lawyer shall not take
advantage of a non-lawyer’s lack of education or knowledge of the law.

Section 23. Instituting multiple cases; forum shopping. — A lawyer shall not knowingly
engage or through gross negligence in forum shopping, which offends against the
administration of justice, and is a falsehood foisted upon the court, tribunal, or other
government agency.

A lawyer shall not institute or advise the client to institute multiple cases to gain
leverage in a case, to harass a party, to delay the proceedings, or to increase the cost
of litigation.

Section 24. Encroaching or interfering in another lawyer’s engagement; exception. — A

lawyer shall not, directly or indirectly, encroach upon or interfere in the professional
engagement of another lawyer.

This includes a lawyer’s attempt to communicate, negotiate, or deal with the person
represented by another lawyer on any matter, whether pending or not in any court,
tribunal, body, or agency, unless when initiated by the client or with the knowledge of
the latter’s lawyer.

A lawyer, however, may give proper advice and assistance to anyone seeking relief
against perceived unfaithful or neglectful counsel based on the Code.

Section 25. Responsibility of a solo practitioner. — A lawyer in solo practice shall

ensure that all matters requiring such lawyer’s professional skill and judgment are
promptly and competently addressed.

Section 26. Definition of a law firm; choice of firm name. — A law firm is any private
office, partnership, or association, exclusively comprised of a lawyer or lawyers
engaged to practice law, and who hold themselves out as such to the public.

In the choice of a firm name, no false, misleading, or assumed name shall be used. The
continued use of the name of a deceased, incapacitated, or retired partner is
permissible provided that the firm indicates in all its communications that said partner is
deceased, incapacitated, or retired.
Section 27. Partner who assumes public office. — When a partner assumes public
office, such partner shall withdraw from the firm and such partner’s name shall be
removed from the firm name, unless allowed by law to practice concurrently.

Section 28. Dignified government service. — Lawyers in government service shall

observe the standard of conduct under the CPRA, the Code of Conduct and Ethical
Standards for Public Officials and Employees, and other related laws and issuances in
the performance of their duties.

Any violation of the CPRA by lawyers in government service shall be subject to

disciplinary action, separate and distinct from liability under pertinent laws or rules.

Section 29. Lawyers formerly in government service. — A lawyer who has left
government service shall not engage in private practice pertaining to any matter before
the office where he or she used to be connected within a period of one (1) year from his
or her separation from such office. Justices, judges, clerks of court, city, provincial, and
regional prosecutors shall not appear before any court within the territorial jurisdiction
where they previously served within the same period.

After leaving government service, a lawyer shall not accept an engagement which could
improperly influence the outcome of the proceedings which the lawyer handled or
intervened in, or over which the lawyer previously exercised authority, while in said
service.

Section 30. No financial interest in transactions; no gifts. — A lawyer in government

shall not, directly or indirectly, promote or advance his or her private or financial interest
or that of another, in any transaction requiring the approval of his or her office. Neither
shall such lawyer solicit gifts or receive anything of value in relation to such interest.

Such lawyer in government shall not give anything of value to, or otherwise unduly
favor, any person transacting with his or her office, with the expectation of any benefit in
return.

Section 31. Prosecution of criminal cases. — The primary duty of a public prosecutor is
not to convict but to see that justice is done.

Suppressing facts, concealing of, tampering with or destroying evidence, coaching a

witness, or offering false testimony is cause for disciplinary action.

The obligations of a public prosecutor shall also be imposed upon lawyers in private
practice who are authorized to prosecute under the direct supervision and control of the
public prosecutor.

Section 32. Lawyers in the academe. — A lawyer serving as a dean, administrative

officer, or faculty member of an educational institution shall at all times adhere to the
standards of behavior required of members of the legal profession under the CPRA,
observing propriety, respectability, and decorum inside and outside the classroom, and
in all media.

Section 33. Conflict of interest for lawyers in the academe. — A lawyer serving as a
dean, administrative officer, or faculty member of an educational institution shall
disclose to the institution any adverse interest of a client.

Upon discovery of any adverse interest of the lawyer’s client which directly affects any
student who is under his or her direct supervision and guidance, the lawyer shall
likewise disclose the same to the institution.

Section 34. Paralegal services; lawyer’s responsibility. — A paralegal is one who

performs tasks that require familiarity with legal concepts, employed or retained by a
lawyer, law office, corporation, governmental agency, or other entity for non-diagnostic
and non-advisory work in relation to legal matters delegated by such lawyer, law office,
corporation, governmental agency, or other entity.
A lawyer must direct or supervise a paralegal in the performance of the latter’s
delegated duties.

The lawyer’s duty of confidentiality shall also extend to the services rendered by the
paralegal, who is equally bound to keep the privilege.

Section 35. Non-delegable legal tasks. — A lawyer shall not delegate to or permit a
non-lawyer, including a paralegal, to:

(a) accept cases on behalf of the lawyer;

(b) give legal advice or opinion;
(c) act independently without the lawyer’s supervision or direction;
(d) to hold himself or herself out as a lawyer, or be named in association with a lawyer
in any pleading or submission to any court, tribunal, or other government agency;
(e) appear in any court, tribunal, or other government agency, or actively participate in
formal legal proceedings on behalf of a client, except when allowed by the law or rules;
(f) conduct negotiations with third parties unless allowed in administrative agencies,
without a lawyer’s supervision or direction;
(g) sign correspondence containing a legal opinion;
(h) perform any of the duties that only lawyers may undertake.

These provisions shall not apply to law student practitioners under Rule 138-A of the
Rules of Court.

RESPONSIBLE USE OF SOCIAL MEDIA

A lawyer shall uphold the dignity of the legal profession in all social media interactions in
a manner that enhances the people’s confidence in the legal system, as well as
promote its responsible use.

Section 36. Responsible use. — A lawyer shall have the duty to understand the
benefits, risks, and ethical implications associated with the use of social media.

Section 37. Online posts. — A lawyer shall ensure that his or her online posts, whether
made in a public or restricted privacy setting that still holds an audience, uphold the
dignity of the legal profession and shield it from disrepute, as well as maintain respect
for the law.

Section 38. Non-posting of false or unverified statements, disinformation. — A lawyer

shall not knowingly or maliciously post, share, upload or otherwise disseminate false or
unverified statements, claims, or commit any other act of disinformation.

Section 39. Prohibition against fraudulent accounts. — A lawyer shall not create,
maintain or operate accounts in social media to hide his or her identity for the purpose
of circumventing the law or the provisions of the CPRA.

Section 40. Non-disclosure of privileged information through online posts. — A lawyer

shall not reveal, directly or indirectly, in his or her online posts confidential information
obtained from a client or in the course of, or emanating from, the representation, except
when allowed by law or the CPRA.

Section 41. Duty to safeguard client confidences in social media. — A lawyer, who
uses a social media account to communicate with any other person in relation to client
confidences and information, shall exert efforts to prevent the inadvertent or
unauthorized disclosure or use of, or unauthorized access to, such an account.

Section 42. Prohibition against influence through social media. — A lawyer shall not
communicate, whether directly or indirectly, with an officer of any court, tribunal, or other
government agency through social media to influence the latter’s performance of official
duties.
Section 43. Legal information; legal advice. — Pursuant to a lawyer’s duty to society
and the legal profession, a lawyer may provide general legal information, including in
answer to questions asked, at any fora, through traditional or electronic means, in all
forms or types of mass or social media.

A lawyer who gives legal advice on a specific set of facts as disclosed by a potential
client in such fora or media dispenses Limited Legal Service and shall be bound by all
the duties in the CPRA, in relation to such Limited Legal Service.

Section 44. Online posts that could violate conflict of interest. — A lawyer shall exercise
prudence in making posts or comments in social media that could violate the provisions
on conflict of interest under the CPRA.

CANON 3

FIDELITY

Fidelity pertains to a lawyer’s duty to uphold the Constitution and the laws of the land, to
assist in the administration of justice as an officer of the court, and to advance or defend
a client’s cause, with full devotion, genuine interest, and zeal in the pursuit of truth and
justice.

Section 1. Practice of law. — The practice of law is the rendition of legal service or
performance of acts or the application of law, legal principles, and judgment, in or out of
court, with regard to the circumstances or objectives of a person or a cause, and
pursuant to a lawyer-client relationship or other engagement governed by the Code of
Professional Responsibility and Accountability for lawyers. It includes employment in the
public service or private sector and requires membership in the Philippine bar as
qualification.

Section 2. The responsible and accountable lawyer. — A lawyer shall uphold the
constitution, obey the laws of the land, promote respect for laws and legal processes,
safeguard human rights, and at all times advance the honor and integrity of the legal
profession.

As an officer of the court, a lawyer shall uphold the rule of law and conscientiously
assist in the speedy and efficient administration of justice.

As an advocate, a lawyer shall represent the client with fidelity and zeal within the
bounds of the law and the CPRA.

Section 3. Lawyer-client relationship. — A lawyer-client relationship is of the highest

fiduciary character. As a trust relation, it is essential that the engagement is founded on
the confidence reposed by the client on the lawyer. Therefore, a lawyer-client
relationship shall arise when the client consciously, voluntarily and in good faith vests a
lawyer with the client’s confidence for the purpose of rendering legal services such as
providing legal advice or representation, and the lawyer, whether expressly or impliedly,
agrees to render such services.

Section 4. Authority of lawyer to bind client. — A lawyer can bind a client in a legal
engagement only when so authorized through a written agreement.

The lawyer, however, cannot compromise a client’s litigation, or receive anything in

discharge of a client’s claim, without a special power of attorney for such purpose.

Section 5. Authority of lawyer to appear. — A lawyer is presumed to be properly

authorized to represent any cause in which he or she appears, and no written power of
attorney is required to authorize him or her to appear in court for the client.
The court, tribunal, or other government agency may, on its own initiative or on motion
of either party, on just cause, require a lawyer to produce or prove the authority to
appear on behalf of the client.

Section 6. Fiduciary duty of a lawyer. — A lawyer shall be mindful of the trust and
confidence reposed by the client.

To this end, a lawyer shall not abuse or exploit the relationship with a client.

Section 7. Prohibition against frivolous suits and abuse of court processes. — A lawyer
shall not:

(a) file or encourage the filing of any suit or proceeding not authorized by law or
jurisprudence and without any evidentiary support;
(b) unduly impede the execution of an order or judgment which is warranted; or
(c) abuse court processes.

Section 8. Lawyer’s duty to encourage settlement. — A lawyer shall encourage the

client to avoid, end or settle a controversy, whether pending or not, in order to reach a
settlement or a compromise if the matter can be compromised under the law and will
admit of a fair settlement.

To this end, the lawyer shall actively assist the parties and the court, tribunal, or other
government agency to effect mediation and/or dispute resolution.

Section 9. Duty to call client to rectify fraudulent act. — A lawyer who receives
information that a client has, in the course of the representation, perpetrated a fraud in
relation to any matter subject of the representation before a court, tribunal, or other
government agency, or against any officer thereof, shall promptly call upon the client to
rectify the same. Such fraudulent act on the part of the client shall be a ground for the
termination by the lawyer of the engagement.

Section 10. Responsibility over a subordinate lawyer, paralegal, or employee. — A

lawyer or law firm shall be responsible for the mistakes, negligence, and/or acts or
omissions of a subordinate lawyer, paralegal, or employee under the lawyer’s direct
supervision and control, who is acting within the scope of the assigned tasks, that cause
damage or injury which brings dishonor to the profession or violates the rule on
confidentiality.

However, such liability of the supervising lawyer does not attach upon proof of exercise
of diligence of a good parent of a family in the selection and supervision of subordinate
lawyer, paralegal, or employee.

Section 11. Responsibility of a supervisory lawyer over a supervised lawyer. — A

supervisory lawyer shall co-sign a pleading or other submission to any court, tribunal, or
other government agency with a supervised lawyer. A supervisory lawyer shall be
responsible for a violation of the CPRA by the supervised lawyer in any of the following
instances:

(a) the supervisory lawyer orders or directs the specific conduct or, with knowledge of
the specific conduct, ratifies it; or
(b) the supervisory lawyer knows of such conduct at a time when it could be prevented
or its consequences avoided or mitigated, but fails to take reasonable remedial action;
or
(c) the supervisory lawyer should have known of the conduct so that reasonable
remedial action could have been taken at a time when the consequences of the conduct
could have been avoided or mitigated.

A supervisory lawyer is a lawyer having direct supervisory authority over another

lawyer, including a supervising lawyer under Rule 138-A of the Rules of Court.
Section 12. Responsibilities of a supervised lawyer. — A supervised lawyer acting
under the direction of the supervising lawyer, managing partner, or other partners of the
firm is nevertheless bound by the CPRA.

Section 13. Conflict of interest. — A lawyer shall not represent conflicting interests
except by written informed consent of all concerned given after a full disclosure of the
facts.

There is conflict of interest when a lawyer represents inconsistent or opposing interests

of two or more persons. The test is whether in behalf of one client it is the lawyer’s duty
to fight for an issue or claim, but which is his or her duty to oppose for the other client.

Section 14. Prohibition against conflict- of-interest representation; current clients. — In

relation to current clients, the following rules shall be observed:

(a) A lawyer shall not enter into a business transaction with a client or knowingly acquire
an ownership, possessory, security, or other pecuniary interest adverse to a client
unless:

(1) it is shown that the transaction and terms on which the lawyer acquires the interest
are fair and reasonable to the client and are fully disclosed and transmitted in writing in
a manner that can be reasonably understood by the client;
(2) the client is advised in writing of the desirability of seeking, and is given a
reasonable opportunity to seek, the advice of another independent lawyer on the
transaction; and
(3) the client gives written informed consent to the essential terms of the transaction and
the lawyer’s role in the transaction, including whether the lawyer is representing the
client in the transaction.

(b) A lawyer shall not use confidential information relating to representation of a client
without the client’s written informed consent, except as permitted or required by law or
the CPRA.

(c) A lawyer shall not, by undue influence, acquire any substantial gift from a client,
including a testamentary gift, or prepare on behalf of a client an instrument giving the
lawyer such gift, directly or indirectly.

(d) Unless with the written informed consent of the client and subject to the application
of the sub judice rule, a lawyer shall not make or negotiate an agreement giving the
lawyer literary or media rights to a portrayal or account based in substantial part on
information relating to the representation.

(e) A lawyer shall not accept compensation for representing a client from any person
other than the client, unless:

(1) the client gives written informed consent;

(2) there is no interference with the lawyer’s independence or professional judgment or
with the lawyer-client relationship; or
(3) the information relating to representation of a client is protected as required by the
rule on privileged communication.

(f) A lawyer, who represents two or more clients in the same case, in case there is a
settlement or plea-bargaining, shall disclose to all the clients the existence and nature of
all the claims or pleas involved and the participation of each client in the settlement or
plea-bargaining.

(g) A lawyer shall avoid testifying in behalf of the client, except:

(1) on formal matters, such as the mailing, authentication or custody of an instrument,

and the like; or
(2) on substantial matters, in cases where the testimony is essential to the ends of
justice, in which event the lawyer must, during the testimony, entrust the trial of the case
to another counsel.

Section 15. Conflict of interest of a lawyer hired by a law firm. — When a lawyer joins a
law firm, it shall be the duty of the lawyer to disclose to the law firm, at the earliest
possible opportunity, his or her previous clients that may have a potential conflict of
interest with the current clients of the law firm. If there is a potential conflict of interest,
the lawyer shall not act on the case or cases of the affected current client.

Section 16. Prohibition against dating, romantic or sexual relations with a client. — A
lawyer shall not have dating, romantic, or sexual relations with a client during the
engagement, unless the consensual relationship existed between them before the
lawyer-client relationship commenced.

Section 17. Prohibition against conflict-of- interest representation; prospective clients. —

In relation to prospective clients, the following rules shall be observed:

(a) A lawyer shall, at the earliest opportunity, ascertain the existence of any conflict of
interest between a prospective client and current clients, and immediately disclose the
same if found to exist.

In case of an objection by either the prospective or current client, the lawyer shall not
accept the new engagement.

(b) A lawyer shall maintain the private confidences of a prospective client even if no
engagement materializes, and shall not use any such information to further his or her
own interest, or the interest of any current client.

Section 18. Prohibition against conflict- of-interest representation; former clients. — In

relation to former clients, the following rules shall be observed:

(a) A lawyer shall maintain the private confidences of a former client even after the
termination of the engagement, except upon the written informed consent of the former
client, or as otherwise allowed under the CPRA or other applicable laws or regulations,
or when the information has become generally known.

(b) A lawyer shall not use information relating to the former representation, except as
the CPRA or applicable laws and regulations would permit or require with respect to a
current or prospective client, or when the information has become generally known.

(c) Unless the former client gives written informed consent, a lawyer who has
represented such client in a legal matter shall not thereafter represent a prospective
client in the same or related legal matter, where the prospective client’s interests are
materially adverse to the former client’s interests.

Section 19. Corporate lawyers; conflict of interest. — In relation to organizational

clients, a lawyer who represents a corporation or any organization does not, by virtue of
such representation, necessarily represent any constituent or affiliated organization,
such as a parent or subsidiary.

A lawyer for a corporation or other organization, who is also a member of its board of
directors or trustees, shall determine whether the responsibilities of the two roles may
conflict. In the event of the latter, the lawyer shall disclose the conflict of interest to all
concerned parties.

Section 20. Legal services organization; conflict of interest. — A legal services

organization is any private organization, including a legal aid clinic, partnership,
association, or corporation, whose primary purpose is to provide free legal services.
A lawyer-client relationship shall arise only between the client and the handling lawyers
of the legal services organization. All the lawyers of the legal services organization who
participated in the handling of a legal matter shall be covered by the rule on conflict of
interest and confidentiality.

Section 21. Lawyers in government service; conflict of interest. — A lawyer currently

serving in the government shall not practice law privately, unless otherwise authorized
by the Constitution, the law or applicable Civil Service rules and regulations. If allowed,
private practice shall be upon the express authority of the lawyer’s superior, for a stated
specified purpose or engagement, and only during an approved leave of absence.
However, the lawyer shall not represent an interest adverse to the government.

Section 22. Public Attorney’s Office; conflict of interest. — The Public Attorney’s Office
is the primary legal aid service office of the government. In the pursuit of its mandate
under its charter, the Public Attorney’s Office shall ensure ready access to its services
by the marginalized sectors of society in a manner that takes into consideration the
avoidance of potential conflict of interest situations which will leave these marginalized
parties unassisted by counsel.

A conflict of interest of any of the lawyers of the Public Attorney’s Office incident to
services rendered for the Office shall be imputed only to the said lawyer and the
lawyer’s direct supervisor. Such conflict of interest shall not disqualify the rest of the
lawyers from the Public Attorney’s Office from representing the affected client, upon full
disclosure to the latter and written informed consent.

Section 23. Amicus curiae. — A lawyer shall not decline, without just cause, a request
by any court, tribunal, or other government agency to act as amicus curiae in any
proceeding relating to the lawyer’s expertise or field of specialization.

Section 24. Active involvement in legal education. — A lawyer shall keep abreast of
legal developments, participate in continuing legal education programs, and support
efforts to achieve standards of excellence in law schools as well as in the practical
training of law students.

In addition, a lawyer shall assist the Integrated Bar of the Philippines, law schools, law
alumni associations, law associations, or civic organizations, in educating the public on
the law and jurisprudence.

The IBP Chapters shall provide supervising lawyers to the legal aid clinics in their
jurisdiction.

Section 25. Support for legal internship, apprenticeship and training. — To prepare the
next generation of lawyers for ethical practice, lawyers shall support legal internship and
apprenticeship programs and accept law students for training.

The lawyer shall treat the apprentices as junior colleagues and future counsels, and
shall conscientiously supervise them.

Section 26. Prompt payment of membership dues. — A lawyer shall promptly pay the
annual membership dues in the Integrated Bar of the Philippines, unless expressly
exempt from such payment by law or rules.

Section 27. Confidentiality of privileged communication. — A lawyer shall maintain the

confidences of the client, and shall respect data privacy laws. The duty of confidentiality
shall continue even after the termination of the lawyer- client engagement.

Section 28. Protecting client confidences. — A lawyer shall not reveal the confidences
of the client, including data from the client’s files, except;

(a) When a written informed consent is obtained from the client;

(b) When required by law, such as anti-money laundering statutes, or the Rules of
Court;
(c) To the extent necessary, to collect the lawyer’s fees;
(d) In defense of the lawyer, or the lawyer’s employees or associates; or
(e) By judicial order, but only if material.

Section 29. Duty of confidentiality by former lawyers of a law firm. — A lawyer shall
continue to be bound by the rule on confidentiality pertaining to clients of his or her
previous law office or law firm.

Section 30. Duty of confidentiality of members of a law firm. — A lawyer may disclose
the legal matters entrusted by a client of the firm to the partners and associates, as well
as paralegals, legal assistants, law clerks, legal researchers, law interns, and other non-
legal staff, who are or will be involved in the handling of the client’s account, unless
expressly prohibited by the client.

A lawyer directly entrusted with a client’s confidences shall adopt necessary measures
to prevent other members of the law firm, both legal and non-legal, to whom the client’s
confidences have been shared, from disclosing or using them, without the written
informed consent of the client.

Section 31. Prohibition against filial disclosure. — A lawyer shall not discuss a client’s
confidences even with family members.

Section 32. Non-disclosure of legal consultation. — A lawyer shall not reveal that he or
she has been consulted about a particular case except to avoid possible conflict of
interest.

Section 33. Foreign lawyers. — Foreign lawyers cannot, directly or indirectly, practice
law in the Philippines.

Section 34. Active participation in the development of the legal profession. — A lawyer
shall participate in the development of the legal system by initiating or supporting efforts
in law reform, the improvement of the administration of justice, strengthening the judicial
and legal system, and advocacies in areas of special concern such as the environment,
indigenous peoples’ rights, human rights, access to justice and good governance.

Section 35. Limited Legal Services. — Limited Legal Services refer to services for a
specific legal incident, with the expectation by the lawyer and the client that the lawyer
will not provide continuing legal services in the matter. This includes being appointed as
counsel de officio only for arraignment purposes or special appearances to make any
court submission, to give advice, to draft legal documents, to provide legal assistance
before courts or administrative bodies, and the like.

In all instances, the lawyer shall state that the service being rendered is in the nature of
Limited Legal Services.

A lawyer who renders Limited Legal Services shall be entitled to compensation as may
be agreed upon or provided by the Rules of Court.

Section 36. Pro bono Limited Legal Services. — A lawyer appointed by the court as
counsel de oficio shall not refuse to render Limited Legal Services pro bono on the
ground of conflict of interest. Instead, the lawyer shall disclose to all affected parties
such conflict of interest.

In any case, the lawyer may not refuse to render such pro bono legal services to the
person concerned if only to the extent necessary to safeguard the latter’s fundamental
rights and not to deprive such person of remedies available under the law or rules.

A lawyer currently serving in the government shall not be exempt from pro bono service
and may be appointed by any court, tribunal, or other government agency as counsel de
officio, unless prohibited by law, or the applicable Civil Service rules and regulations, or
when there is a conflict of interest with government.
Section 37. Duty of confidentiality in Limited Legal Services. — A lawyer who provides
Limited Legal Services must protect the client’s private confidences to the same extent
as if engaged under regular terms.

Section 38. Termination of Limited Legal Services. — Unless governed by Canon III,
Section 36, a lawyer must cease to provide Limited Legal Services to a client when the
lawyer becomes aware that there may be an actual or potential conflict of interest,
except with the written informed consent of the client.

In all cases, the Limited Legal Services terminates upon the completion of such
services.

Section 39. Limited Legal Services of law student practitioners. — The Limited Legal
Services rendered by a law student practitioner under the Clinical Legal Education
Program shall be governed by the CPRA.

Section 40. Accountability of legal clinic director and supervising lawyer. — A law
student clinic director and supervising lawyer, under Rule 138-A of the Rules of Court
shall provide meaningful training to law students. They shall assume responsibility for
any work performed by the law student while under their supervision and shall comply
with all the laws, rules, and guidelines pertaining to Law Student Practice.

Section 41. Fair and reasonable fees. — A lawyer shall charge only fair and reasonable
fees.

Attorney’s fees shall be deemed fair and reasonable if determined based on the
following factors:

(a) The time spent and the extent of the service rendered or required;
(b) The novelty and difficulty of the issues involved;
(c) The skill or expertise of the lawyer, including the level of study and experience
required for the engagement;
(d) The probability of losing other engagements as a result of acceptance of the case;
(e) The customary charges for similar services and the recommended schedule of fees,
which the IBP chapter shall provide;
(f) The quantitative or qualitative value of the client’s interest in the engagement, or the
benefits resulting to the client from the service;
(g) The contingency or certainty of compensation;
(h) The character of the engagement, whether limited, seasonal, or otherwise; and
(i) Other analogous factors.

Section 42. Division of fees upon referral. — A lawyer shall, in case of referral of legal
services in favor of another lawyer with the written informed consent of the client, be
entitled to a division of fees in proportion to the work performed and responsibility
assumed.

Where a lawyer undertakes to complete unfinished legal business of a deceased

lawyer, a division or sharing of fees is allowed with the deceased lawyer’s legal heirs or
estate.

Section 43. Non-Sharing of fees with non- lawyers. — A lawyer shall not share, split, or
divide or stipulate to divide, directly or indirectly, a fee for legal services with persons or
organizations not licensed or authorized to practice law.

Section 44. Payment of compensation by third party. — A lawyer shall not receive any
fee, reward, costs, commission, interest, rebate or forwarding allowance or other
compensation from anyone other than the client, except upon the written informed
consent of such client.

Receipt of compensation from someone other than the client must not interfere with the
lawyer’s independence, professional judgment, or the lawyer- client relationship. Neither
should information relating to representation of a client be disclosed in violation of the
rule on privileged communication.

Section 45. Prompt payment of legal fees. — A lawyer is entitled to prompt payment
from the client of attorney’s fees.

Absent an express agreement as to professional fees, a lawyer is entitled to be paid

reasonable attorney’s fees in accordance with Canon III, Section 41.

Section 46. Controversy over legal fees. — A lawyer shall avoid any controversy with a
client concerning fees for legal services and shall resort to judicial action solely to
prevent imposition, injustice or fraud.

Section 47. Enforcement of attorney’s lien. — In case of non-payment of attorney’s

fees, a lawyer may resort to the enforcement of the attorney’s lien under Canon III,
Section 54, by filing a Notice of Enforcement of Attorney’s Lien with the court, tribunal,
or other government agency of origin where the action or proceeding the lawyer
rendered service for is pending, without prejudice to other remedies under the law or the
Rules of Court. The Notice shall be accompanied by proof of the services rendered, and
served on the client. The court, tribunal, or other government agency, after hearing,
shall determine the lawyer’s entitlement to the claimed fees.

The enforcement of an attorney’s lien shall be treated as an independent claim and

shall in no instance delay the resolution of the main case. The resolution of the lawyer’s
claim may be included in the main judgment or in a separate partial judgment. In the
case of a partial judgment, the same shall be subject of appeal.

An appeal in the main case shall not stay the execution of the lawyer’s lien. In the
execution of the judgment in the main case, the court shall give due consideration to the
pending claim of the lawyer.

If the claim for attorney’s lien arises after a decision has been rendered by the court,
tribunal, or other government agency of origin on the action or proceeding, the claim for
the enforcement of the lien shall be by an independent action.

Section 48. Compensation for counsel de oficio. — Subject to availability of funds as

may be provided by law, the court may, in its discretion, order a lawyer engaged as
counsel de officio to be compensated in such sum as the court may fix following Canon
III, Section 41, provided that it is not covered by the provision on Limited Legal
Services.

Section 49. Accounting during engagement. — A lawyer, during the existence of the
lawyer- client relationship, shall account for and prepare an inventory of any fund or
property belonging to the client, whether received from the latter or from a third person,
immediately upon such receipt.

When funds are entrusted to a lawyer by a client for a specific purpose, the lawyer shall
use such funds only for the client’s declared purpose. Any unused amount of the
entrusted funds shall be promptly returned to the client upon accomplishment of the
stated purpose or the client’s demand.

Section 50. Separate funds. — A lawyer shall keep the funds of the clients separate
and apart from his or her own and those of others kept by the lawyer.

Section 51. Prohibition against acquiring interest in object of litigation or transaction. —

A lawyer shall not acquire, directly or indirectly, a proprietary interest in the property or
rights which is the object of any litigation or transaction in which the lawyer may take
part by virtue of the profession.

Section 52. Prohibition on lending and borrowing; exceptions. — During the existence
of the lawyer-client relationship, a lawyer shall not lend money to a client, except under
urgent and justifiable circumstances. Advances for professional fees and necessary
expenses in a legal matter the lawyer is handling for a client shall not be covered by this
rule.

Neither shall a lawyer borrow money from a client during the existence of the lawyer-
client relationship, unless the client’s interests are fully protected by the nature of the
case, or by independent advice. This rule does not apply to standard commercial
transactions for products or services that the client offers to the public in general, or
where the lawyer and the client have an existing or prior business relationship, or where
there is a contract between the lawyer and the client.

Section 53. Termination of engagement by the lawyer. — A lawyer shall terminate the
lawyer- client engagement only for good cause and upon written notice, in any of the
following cases:

(a) When the client pursues an illegal or immoral course of conduct in connection with
the engagement;
(b) When the client insists that the lawyer pursue conduct that is violative of these
Canons and rules;
(c) When the lawyer’s inability to work with a co-counsel will not promote the best
interest of the client;
(d) When the moral predisposition or the mental or physical condition of the lawyer
renders it difficult to carry out the engagement effectively;
(e) When the client deliberately fails to pay the fees for the lawyer’s services, fails to
comply with the retainer agreement, or can no longer be found despite diligent efforts;
(f) When the lawyer is elected or appointed to public office;
(g) Other similar cases.

Section 54. Termination of engagement by the client. — The lawyer-client engagement

may be terminated by the client at any time upon loss of trust and confidence.

The termination of the engagement shall not relieve the client from full payment of all
professional fees due to the lawyer. If the engagement has been reduced to writing, the
lawyer shall be entitled to recover from the client the full compensation stipulated,
unless found by the court, tribunal or other government agency to be unconscionable or
unreasonable under Canon III, Section 41 of the CPRA.

For the payment of the compensation, the lawyer shall have a charging lien upon all
judgments for the payment of money, and executions issued in pursuance of such
judgment, rendered in the case where the lawyer’s services had been retained by the
client.

Section 55. Termination of engagement upon death. — The death of the lawyer or
client shall terminate the lawyer-client relationship. The death of such lawyer shall not
extinguish the lawyer-client engagement between the law firm and the client handled by
such law firm.

Section 56. Accounting and turn over upon termination of engagement. — A lawyer
who is discharged from or terminates the engagement shall, subject to an attorney’s
lien, immediately render a full account of and turn over all documents, evidence, funds,
and properties belonging to the client.

The lawyer shall cooperate with the chosen successor in the orderly transfer of the legal
matter, including all information necessary for the efficient handling of the client’s
representation.

A lawyer shall have a lien upon the funds, documents, and papers of the client which
have lawfully come into his or her possession and may retain the same until the fair and
reasonable fees and disbursements have been paid, and may apply such funds to the
satisfaction thereof.