Pertinent Provisions in New CPRA PDF
Pertinent Provisions in New CPRA PDF
Pertinent Provisions in New CPRA PDF
SECTION 35. Non-delegable legal tasks. — A ➔ A lawyer cannot use as a defense that he or
lawyer shall not delegate to or permit a non-lawyer, she is not techy.
including a paralegal, to:
(a) accept cases on behalf of the lawyer;
SECTION 37. Online posts. — A lawyer shall
(b) give legal advice or opinion; ensure that his or her online posts, whether
made in a public or restricted privacy setting that
(c) act independently without the lawyer’s
still holds an audience, uphold the dignity of the
supervision or direction;
legal profession and shield it from disrepute, as
(d) to hold himself or herself out as a lawyer, or well as maintain respect for the law.
be named in association with a lawyer in any
pleading or submission to any court, tribunal, or
other government agency; ➔ If the communication holds an audience, you
can be bound by the CPRA.
(e) appear in any court, tribunal, or other
o More than 2 in a group chat makes it
government agency, or actively participate in
a publication.
formal legal proceedings on behalf of a client,
o If more than 2 audiences you are not
except when allowed by the law or rules;
bound by privacy confidentiality.
(f) conduct negotiations with third parties unless
allowed in administrative agencies, without a
SECTION 38. Non-posting of false or unverified
lawyer’s supervision or direction;
statements, disinformation. — A lawyer shall not
(g) sign correspondence containing a legal knowingly or maliciously post, share, upload or
opinion; otherwise disseminate false or unverified
statements, claims, or commit any other act of
(h) perform any of the duties that only lawyers disinformation.
may undertake. (9.01a)
These provisions shall not apply to law student
practitioners under Rule 138-A of the Rules of ➔ The defense of not knowing that it is not fake
Court. news would depend on the intent of the
lawyer.
o If the purpose is to maliciously share
or not.
SECTION 30. Duty of confidentiality of members A lawyer who renders Limited Legal Services
of a law firm. — A lawyer may disclose the legal shall be entitled to compensation as may be
matters entrusted by a client of the firm to the agreed upon or provided by the Rules of Court.
partners and associates, as well as paralegals, ➔ Questions:
legal assistants, law clerks, legal researchers,
law interns, and other non-legal staff, who are or 1. Client A comes to the office of a lawyer K for legal
will be involved in the handling of the client’s representation. However; the lawyer has too much
account, unless expressly prohibited by the client. workload. Thus, he just gives preliminary legal
(21.04a) advice to the client and refers him to another law
firm. Is there a lawyer-client relationship between the
client A and the lawyer X?
2. Indigent litigant A did not have a lawyer during partial judgment. In the case of a partial
arraignment. The court asked lawyer X to be his judgment, the same shall be subject of appeal.
counsel de oficio. May lawyer X refuse to such
An appeal in the main case shall not stay the
appointed because he has not yet determined
execution of the lawyer’s lien. In the execution of
whether a conflict of interest exist between him and
litigant A? the judgment in the main case, the court shall
give due consideration to the pending claim of
the lawyer.
➔ For 1 There is limited legal service. There is
If the claim for attorney’s lien arises after a
no lawyer client relationship in the long run
decision has been rendered by the court,
but it still bound by CPRA
➔ For 2 refer to Section 36 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 36. Pro bono Limited Legal Services.
— A lawyer appointed by the court as counsel de ➔ File a Notice of Lien
officio shall not refuse to render Limited Legal ➔ Kind of execution even if there is a pending
Services pro bono on the ground of conflict of appeal - immediately executory judgement.
interest. Instead, the lawyer shall disclose to all o Can be immediately executed even if
affected parties such conflict of interest. there is an appeal.
In any case, the lawyer may not refuse to render
such pro bono legal services to the person
SECTION 52. Prohibition on lending and
concerned if only to the extent necessary to
borrowing; exceptions. — During the existence
safeguard the latter’s fundamental rights and not
of the lawyer-client relationship, a lawyer shall
to deprive such person of remedies available
under the law or rules. (2.02a) not lend money to a client, except under urgent
and justifiable circumstances. Advances for
➔ Lawyer must still give limited legal service professional fees and necessary expenses in a
even if he has not determined if there is legal matter the lawyer is handling for a client
conflict of interest shall not be covered by this rule.
➔ Q: If your client is a Bank, are you therefore
prohibited from obtaining a loan from the
SECTION 47. Enforcement of attorney’s lien. —
client?
In case of non-payment of attorney’s fees, a
o As long as the bank loan is publicly
lawyer may resort to the enforcement of the
applicable to everybody then it is
attorney’s lien under Canon III, Section 54,90 by
allowed.
filing a Notice of Enforcement of Attorney’s Lien
with the court, tribunal, or other government
agency of origin where the action or proceeding SECTION 53. Termination of engagement by the
the lawyer rendered service for is pending, lawyer. — A lawyer shall terminate the lawyer-
without prejudice to other remedies under the client engagement only for good cause and upon
law or the Rules of Court. The Notice shall be written notice, in any of the following cases:
accompanied by proof of the services rendered,
(a) When the client pursues an illegal or immoral
and served on the client. The court, tribunal, or
course of conduct in connection with the
other government agency, after hearing, shall
engagement;
determine the lawyer’s entitlement to the
claimed fees. (b) When the client insists that the lawyer pursue
conduct that is violative of these Canons and rules;
The enforcement of an attorney’s lien shall be
treated as an independent claim and shall in no (c) When the lawyer’s inability to work with a co-
instance delay the resolution of the main case. counsel will not promote the best interest of the
The resolution of the lawyer’s claim may be client;
included in the main judgment or in a separate
(d) When the moral predisposition or the mental
or physical condition of the lawyer renders it difficult
➔ A lawyer can have several professions as
to carry out the engagement effectively;
long as they ensure that the lawyers
(e) When the client deliberately fails to pay the fees competence, etc. shall not be jeopardized.
for the lawyer’s services, fails to comply with the
retainer agreement, or can no longer be found
despite diligent efforts; SECTION 10. Non-legal activities. — A lawyer
who is engaged in business or other non-legal
(f) When the lawyer is elected or appointed to public
office; profession shall likewise observe the ethical
duties and responsibilities of a lawyer under the
(g) Other similar cases. (22a, 22.01a) CPRA.