CANON 2, Propriety
Section 26 & Section 27
Mark Harris R. Lim
Juris Doctor 1
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.
Definition of
Law Firm
Definition of a Law Firm:
A law firm is a specific type of
professional organization.
Upholding
ethics and
professionalism
in the legal field
Section 26.
Definition of
Law Firm;
Choice of
Firm Name
Partners:
Honoring
Deceased,
incapacitated,
or retired
partners
Firm name
Selection Rules
Firm Name Selection and
Restrictions:
The name of a law firm is
subject to strict regulations to
maintain transparency and
ethical standards.
Definition of Law Firm
• A private office, partnership, or association: It can take various legal
structures.
• Comprised exclusively of lawyers: All members must be licensed to
practice law.
• Engaged in the practice of law: The primary purpose is to provide
legal services.
• Holds themselves out as such to the public: They must clearly convey
their legal profession to the public.
Firm Name Guidelines
• No false, misleading, or assumed names allowed: Firm names must
accurately reflect their composition and purpose.
• Names must accurately represent the firm's composition and
practice: This emphasizes the importance of honesty in naming.
• Key principle: Honesty and transparency in naming: The primary
principle is to maintain the trust of clients and the public.
Partners
1.Equity Partner vs. Non-Equity Partner: Within law firms, there can be distinctions
between equity partners and non-equity partners. Equity partners have a
financial stake in the firm; they share in the profits and losses and often have
voting rights in the firm's decision-making processes. Non-equity partners may
not have the same financial investment but are recognized as partners due to
their contributions to the firm's legal practice.
2.Responsibilities: Partners in a law firm typically have various responsibilities.
They may be responsible for managing client relationships, overseeing legal
cases, mentoring junior lawyers, and participating in the firm's business
decisions. Partners often play a critical role in shaping the direction and
reputation of the firm.
3.Use of Partner's Name: It addresses situations where a partner has either retired,
become incapacitated, or passed away. Even in these circumstances, the firm may
continue to use the partner's name, provided that it clearly indicates the
partner's status in all communications.
Use of Deceased Partner's Name
Use of Incapacitated Partner's Name Use of Retired Partner's Name
Permissible to continue using the
Similar to deceased partners,
name of a deceased partner: This is a continued use is allowed: It respects
way to honor their legacy.
the partner's contributions.
Permissible to keep a retired
partner's name in the firm's title
Condition: Firm must indicate the
partner's status (retired) in all
communications
Recognizes the partner's
contributions while conveying their
current role
Condition: Firm must indicate the
partner's status (deceased) in all
communications: This ensures
transparency about the partner's
status.
Condition: Firm must indicate the
partner's status (incapacitated) in all
communications: This maintains
clarity about the partner's capacity
to practice.
Recognizes the partner's
contributions while conveying their
current role
Upholding ethics and professionalism in the
legal field
1.Upholding Ethical Standards: Adhering to guidelines on law firm names is crucial
to maintain the ethical standards of the legal profession. It ensures that lawyers
operate with honesty and integrity, which are foundational principles in legal
practice. Non-compliance can lead to ethical violations and damage a lawyer's
professional standing.
2.Building Client Trust: Compliance with these guidelines is essential to establish
and preserve trust with clients. It guarantees transparency and honesty in
representing the law firm's composition, preventing any misleading information.
Failure to comply can erode client trust, resulting in dissatisfaction and potential
legal disputes.
3.Safeguarding Reputation: These guidelines help maintain the overall integrity
and reputation of lawyers and the legal profession. They reflect the profession's
commitment to ethical conduct. Non-compliance can tarnish the reputation of
both individual lawyers and the legal field, making it harder to gain trust from
clients, judges, and the community.
Definition of
Law Firm
Definition of a Law Firm:
A law firm is a specific type of
professional organization.
Upholding
ethics and
professionalism
in the legal field
Section 26.
Definition of
Law Firm;
Choice of
Firm Name
Partners:
Honoring
Deceased,
incapacitated,
or retired
partners
Firm name
Selection Rules
Firm Name Selection and
Restrictions:
The name of a law firm is
subject to strict regulations to
maintain transparency and
ethical standards.
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.
When Partner Assumes Public Office
Withdrawal from the Firm & Name Removal
Prevents conflicts of interest.
Partner must withdraw from the firm.
Ensures public duty prioritization.
Partner's name is removed from the firm name.
Enhances transparency.
Legal exceptions may apply.
Clarifies representation.
Section 27. Partner who
assumes public office
Concurrent Practice & Upholding Legal Ethics
Some jurisdictions allow concurrent practice.
Compliance with relevant laws is crucial.
Ensures ethical legal practice.
Preserves professional integrity.
Summary of Section 27
Withdrawal when assuming public office.
Partner's name removal.
Legal exceptions possible.
Situations:
• Situation 1 - Compliance with Section 27: Attorney Zalman, a partner in a law firm, is
appointed as a commissioner in a government agency tasked with drafting new
legislation. Recognizing his ethical obligations, Manuel withdraws from his law firm, and
his name is removed from the firm's name. He diligently follows the guidelines in Section
27 and the CPRA, ensuring a clear separation between his public office and private legal
practice. This compliance maintains the integrity of the legal profession and upholds the
ethical standards set by the CPRA.
• Situation 2 - Non-Compliance with Section 27: In another scenario, Attorney Florence
Jay is appointed as a judge in a regional trial court. However, she continues to be listed as
a partner in her law firm's name and actively participates in the firm's operations. This
situation violates Section 27, as Florence Jay has not withdrawn from her firm, and her
name has not been removed. Such non-compliance not only disregards ethical guidelines
but also risks conflicts of interest and undermines the public's trust in the legal
profession, contrary to the principles of the CPRA.
Situations:
• Exemption Example under CPRA: Attorney Ronel, a seasoned lawyer, is
appointed as the head of a government agency responsible for regulating
environmental matters. His expertise is crucial to fulfilling the agency's
mission. The CPRA acknowledges exemptions that allow lawyers to hold
public office and practice law concurrently when the public interest
requires their expertise. (Due to existing rules/exigent situation)
• In this case, Attorney Ronel can continue his private practice while serving
as the agency head. He does so by ensuring that his private clients'
interests do not conflict with his public responsibilities. This exemption
strikes a balance between contributing legal expertise to the government
and maintaining a private practice, in line with the CPRA's principles of
upholding the rule of law and public service.
Laws that Allow Concurrent Capacities
1.The Code of Professional Responsibility for Attorneys (Section 27)
2.The Local Government Code (Republic Act No. 7160):
1. Section 90 of this law allows lawyers working in local government units (LGUs) to
engage in private law practice, provided they do not handle cases adverse to the
LGU they serve.
3.The Civil Service Commission (CSC) Rules:
1. The CSC provides guidelines for government employees, including lawyers, who wish
to engage in private practice. These rules outline the procedures and limitations for
such dual employment.
4.The Government Corporate Counsel Act (Republic Act No. 2327):
1. Lawyers appointed as Government Corporate Counsel are explicitly allowed to
continue private practice, subject to certain restrictions.