LAWYERS will be barred from posting, sharing, uploading and or disseminating false or unverified statements on social media under the proposed Code of Professional Responsibility and Accountability (CPRA) being readied by the Supreme Court.
The proposed Code stresses that lawyers should uphold the dignity of the legal profession in all social media interactions in a manner that enhances the confidence of the public in the legal system, as well as promote its responsible use.
“A lawyer shall not post, share, upload or otherwise disseminate false or unverified statements, claims or commit any other act of disinformation,” Section 40 of the proposed CPRA said.
Section 41, meanwhile, 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 prohibit 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.
“A lawyer shall exercise prudence in making posts or comments in social media that could violate the provisions of conflict of interest under this Code,” it added.
The proposed Code also mandated 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.
The proposed CPRA also prohibits lawyers from dating or having a romantic or sexual relationship with a client during the engagement, unless the consensual relationship existed before lawyer-client relationship started.
Erring lawyers will face a range of sanctions under the Code ranging from reprimand, censure and fine to suspension for a period exceeding six months and disbarment, depending on the gravity of the offense committed, and a fine of P100, 000.
In all instances, when the charge involves money or property owed, which is intrinsically linked to the lawyer-client relationship, the respondent shall also be ordered to return the same.
It said that suspension from practice of law can only be lifted upon an order from the SC, and not upon lapse of the period of suspension.
Last month, SC Senior Associate Justice Marvic Leonen advised new lawyers to be careful of what they post on social media, especially if it involves updates on cases they are handling and confidential communications from their clients.
Leonen, who is the chair of the SC’s Oversight Committee on the proposed CPRA, said they have noticed a lawyer posting a letter from a client while another even posted a text message from a client, which includes the lawyer’s fees.
He reminded them the lawyer-client privilege and the canon of responsibility of lawyers “absolutely prohibited” such acts.
Earlier, Chief Justice Alexander Gesmundo also urged lawyers to give dignity and nobility to their profession if they want to gain the trust of the people in them and the entire justice system.
The SC yesterday held the penultimate caravan to discuss the proposed CPRA in Baguio City attended by about 180 judges and lawyers.
Aside from Leonen, also present during the Baguio leg of the caravan are Associate Justices Amy Lazaro-Javier, Samuel Gaerlan, Maria Filomena Singh, Alfredo Benjamin Caguioa, Henri Jean Paul Inting, Mario Lopez, Jhosep Lopez, Japar Dimaampao, Jose Midas Marquez and Antonio Kho, Jr., Ricardo Rosario and Court Administrator Raul Villanueva.
In her speech, Lazaro-Javier urged lawyers to uphold the ethical ways of the legal profession.
“When we chose to become lawyers, we did not just choose a profession or a career. We chose a way of life: Ethics. Ethics is the heartbeat of why we serve the way we do as lawyers,” she said.
“We do not aspire to become ethical lawyers. We ought to be already. For being ethical is the absolute minimum requirement to be a lawyer. So let this be a clarion call to all of us.
Strive to bring nobility and dignity to our shared profession,” she added.
She said that once finalized, the CPRA is meant to direct the lawyers’ path toward a competent, honest, and sincere public service.
