Rules for Tomorrow’s

Lawyers
Exploring Amendments to the CPR

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Antecedents of the Code - Jardeleza

● Voluntary code of the Philippine Bar Association

(CPE)
● ABA Code of Professional Responsibility
● Canadian Bar Association Code of Professional
Conduct

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Antecedents of the Code

● Full adoption of ABA or Consider local environment

● Finished drafting -1980
● Promulgated by the SC 1988

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Antecedents of the Code
● Practice of Law?
● Cayetano v. Monsod?

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Antecedents of the Code

● Borrowed from 1970 ABA Code (ABA updated 1984)

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Antecedents of the Code

● Standing Committee on Ethics and Professional

Responsibility

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Resort to Informal Justice - Baguilat

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Resort to Informal Justice - Baguilat
● Numerous, engaged audience
● Not just the poor
● Strong consistent, positive sentiment for the program
● Awareness of legal rights, legal processes
● On the fence as to effectiveness, fairness

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Resort to Informal Justice

People who believe that the Tulfos shows/programs are

alternative to judicial and administrative legal processes
are less likely to be aware of the legal processes
required to institute a criminal action to prosecute a
person for an act or omission punishable by law and vice
versa. 11
Resort to Informal Justice

● Undeniable power of social media

● The concept of justice in the mind of a Filipino is
changing
● Growing need to educate
● Judicial and Legal Ambivalence
● Expanding Legal Aid and Pro-Bono Lawyering
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Bar Disciplinary Process (Esguerra)

● Remember The Oath (“So help me God”)

● Rule 138-B - Governs the investigation of
administrative complaints against lawyers by the
Integrated Bar of the Philippines.
● Deceptively simple process

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Bar Disciplinary Process

● Supreme Court - Can receive and investigate

complaints motu proprio
● BUT - Most complaints go through the IBP, only to
end up in the Supreme Court anyway (affirm,
reverse, modify, or remand for further investigation)
● Investigating Commissioner - only recommendatory
● Board of Governors - still only recommendatory
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Bar Disciplinary Process
● Justice delayed…
● Board of governors - 1-2 years (ideally) +MR
○ Board of governors supposed to meet once a
month (*)
○ Disciplinary cases only occupy part of board’s
business
● Supreme Court - 2-3 years (ideally) +MR
● Everybody suffers 16
Bar Disciplinary Process

“For Forms of Government let fools contest;

whatever is best administered is best.”

Alexander Pope

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Bar Disciplinary Process

“For Forms of Government let fools contest;

whatever is best administered is best.”

Alexander Pope
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Firms and Private Practitioners (Dio)

● Conflict of Interest
● Legal Aid
● “Practice of Law”

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Firms and Private Practitioners

● Conflict of Interest
● Upon formation of attorney-client relationship
● Easy to start (usually) at the initiation of the client
○ Uy v. Gonzales - Upon consultation
○ Pacana Jr. v. Pascual-Lopez - No formality required
● So hard to terminate (esp. On the part of the lawyer)
○ Venterez v. Cosme - Client has absolute right to terminate the attorney
client at any time with or without cause
○ For lawyer
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Firms and Private Practitioners

● Duty of confidentiality, avoid conflict of interest

● Applies to the entire firm
● A duty in perpetuity

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Firms and Private Practitioners

● Conflict of interest - a duty in perpetuity

○ Canon 21 - Even after termination of atty-client relation
○ Paces Industrial Corp v. Salandanan
○ Applies to both present and former client
○ Based on knowledge
○ Protection is perpetual
○ Survives the death of the client

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Firms and Private Practitioners

● Conflict of interest - a duty in perpetuity

○ Disbarment or suspension
○ RPC, Art. 209. Betrayal of trust; revelation of secrets.

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Firms and Private Practitioners

● Limitations
○ Contract (lawyer retains discretion)
○ Subject matter (related matter)
○ Time (3 years)
○ Disclosure to new client and notice to former client
○ Duty to object by client
○ Waiver (Five days from notice)
○ Chinese wall
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Firms and Private Practitioners

● Legal Aid Efforts

○ Mandatory Legal Aid Service of Practicing Lawyers (MLAS), 2009 -
SUSPENDED
○ Rule on Community Legal Aid Service (“CLAS”), 2017 - SUSPENDED
○ RA 9999, Free Legal Assistance Act of 2010 - SUSPENDED

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Firms and Private Practitioners

● Legal Aid
○ Encourage pro bono practice
○ Indigent litigation
○ Pro bono ADR
○ Need credit
○ Court duty and assistance - (as commissioners, drafting)

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Practice of Law

The practice of law is any activity, in or out of court, which requires the application of law,
legal procedure, knowledge, training and experience. It is to give notice or render any
kind of service, which device or service requires the use in any degree of legal knowledge
or skill.

Cayetano v. Monsod, 201 SCRA 210, 214 (1991)

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Practice of Law

● Practice of Law > CPR

● International practice, cross border transactions
● Law firms
○ In house lawyers
○ Legal departments
● Registration of foreign lawyers

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Student Track

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Personal v. Professional

Should lawyers be professionally liable for purely personal offenses?

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Lawyers and Mental Health

Should we care more about mental health?

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Advertising

Should lawyers be allowed some advertising?

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Web Sites

What rules should govern websites?

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Social Media

What rules should govern lawyers use of social media?

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In-House Counsel

Should there be different rules for in-house counsel?

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Financing

Payments from other sources, fee-splitting

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End

Questions and (Attempted) Answers

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