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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The Code of Professional Responsibility and Accountability (CPRA) introduced the rules on Limited Legal Services. The CPRA defines limited legal services as services for a specific legal incident, with the expectation by the lawyer and the client that the lawyer will not provide continuing legal services in the matter.
Section 35 of Canon III of the Code of Professional Responsibility and Accountability (CPRA) defines Limited Legal Services as services for a specific legal incident, with the expectation by the lawyer and the client that the lawyer will not provide continuing legal services in the matter.
Limited legal services include being appointed as counsel de officio only for arraignment purposes or special appearances to make any court submission, to give advice, to draft legal documents, to provide legal assistance before courts or administrative bodies, and the like.
In all instances, the lawyer shall state that the service being rendered is in the nature of limited legal services.
Are lawyers who render Limited Legal Services entitled to compensation?
Yes. A lawyer who renders limited legal services shall be entitled to compensation as may be agreed upon or provided by the Rules of Court. (Section 35, Canon III)
Can a lawyer refuse to render limited legal services pro bono on the ground of conflict of interest?
No. A lawyer appointed by the court as counsel de officio shall not refuse to render Limited Legal Services pro bono on the ground of conflict of interest. Instead, the lawyer shall disclose to all affected parties such conflict of interest.
In any case, the lawyer may not refuse to render such pro bono legal services to the person concerned if only to the extent necessary to safeguard the latter’s fundamental rights and not to deprive such person of remedies available under the law or rules. (Section 36, Canon III)
Are government lawyers exempt from rendering pro bono service?
As a general rule, a lawyer currently serving in the government shall not be exempt from pro bono service and may be appointed by any court, tribunal, or other government agency as counsel de officio.
The exceptions under the CPRA are as follows:
- If the lawyer is prohibited by law;
- If the lawyer is prohibited by the applicable Civil Service rules and regulations; or
- When there is a conflict of interest with the government. (Section 36, Canon III)
Duty of Confidentiality in Limited Legal Services
A lawyer who provides Limited Legal Services must protect the client’s private confidences to the same extent as if engaged under regular terms. (Section 37, Canon III)
Termination of Limited Legal Services
Unless governed by Canon III, Section 36, a lawyer must cease to provide Limited Legal Services to a client when the lawyer becomes aware that there may be an actual or potential conflict of interest, except with the written informed consent of the client.
In all cases, the Limited Legal Services terminates upon the completion of such services. (Section 38, Canon III)
RELATED ARTICLES:
- Lawyer’s duty under AMLA: Does it violate the duty of confidentiality?
- The Rules on Unified Legal Aid Service
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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