New code regulates lawyers’ posts on social media, bans dating clients

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THE Supreme Court (SC) has unanimously approved the Code of Professional Responsibility and Accountability (CPRA), which includes provisions regulating the “responsible use of social media” of lawyers and prohibiting them from having a dating relationship with clients.

The CPRA, which was approved by the 15 magistrates during their regular en banc session held in Baguio City, will replace the 34-year old Code of Professional Responsibility (CPR) that governs the conduct of lawyers in the country.

The CPRA will be launched today. It is part of the High Court’s plan to update the previous CPR and to “craft a modern, relevant and responsive guide for lawyer’s conduct.”

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Among its provisions, Section 40 of the CPRA prohibits lawyers from posting, sharing, uploading and/or disseminating false or unverified statements on social media.

Meanwhile, Section 41 mandates that a lawyer “shall not create, maintain or operate accounts in social media for the purpose of hiding his or her identity to circumvent the law or the provisions of this Code.”

Subsequent sections of the CPRA also bars lawyers from revealing, directly or indirectly, in his or her social media posts, confidential or privileged information obtained from a client, as well as from communicating with any officer of the court, tribunal or other government agencies through social media to influence the latter’s performance of official duties.

The Code also mandates lawyers who communicate through social media with their clients to exert efforts to prevent the inadvertent or unauthorized disclosure or use of, or unauthorized access to such accounts.

It also prohibits lawyers from dating or having a romantic or sexual relationship with a client during the engagement, unless the consensual relationship existed before the lawyer-client relationship started.

Associate Justice Maria Filomena Singh, chairperson of the subcommittee for the Revision of the Code of Professional Responsibility, earlier said “disturbing” online posts by some lawyers prompted the SC to constitute the panel to revise the lawyers’ code.

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