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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) provides that a lawyer shall uphold the dignity of the legal profession in all social media interactions in a manner that enhances the people’s confidence in the legal system, as well as promote its responsible use.
Responsible Use
A lawyer shall have the duty to understand the benefits, risks, and ethical implications associated with the use of social media.
Online posts
A lawyer shall ensure that his or her online posts, whether made in a public or restricted privacy setting that still holds an audience, uphold the dignity of the legal profession and shield it from disrepute, as well as maintain respect for the law.
Non-posting of false or unverified statements
A lawyer shall not knowingly or maliciously post, share, upload or otherwise disseminate false or unverified statements, claims, or commit any other act of disinformation.
Prohibition against fraudulent accounts
A lawyer shall not create, maintain or operate accounts in social media to hide his or her identity for the purpose of circumventing the law or the provisions of the CPRA.
Non-disclosure of privileged information through online posts
A lawyer shall not reveal, directly or indirectly, in his or her online posts confidential information obtained from a client or in the course of, or emanating from, the representation, except when allowed by law or the CPRA.
Duty to safeguard client confidences in social media
A lawyer, who uses a social media account to communicate with any other person in relation to client confidences and information, shall exert efforts to prevent the inadvertent or unauthorized disclosure or use of, or unauthorized access to, such an account.
Prohibition against influence through social media
A lawyer shall not communicate, whether directly or indirectly, with an officer of any court, tribunal, or other government agency through social media to influence the latter’s performance of official duties.
Legal information; legal advice
Pursuant to a lawyer’s duty to society and the legal profession, a lawyer may provide general information, including in answer to questions asked, at any fora, through traditional or electronic means, in all forms or types of mass or social media.
A lawyer who gives legal advice on a specific set of facts as disclosed by a potential client in such fora or media dispenses Limited Legal Service and shall be bound by all duties in the CPRA, in relation to such Limited Legal Services.
Online posts that could violate conflict of interest
A lawyer shall exercise prudence in making posts or comments in social media that could violate the provisions on conflict of interest under the CPRA.
Related Articles:
- Responsible Use of Social Media: AI will not render Lawyers Obsolete
- Department of Justice Office of Cybercrime released Advisory Opinion No. 02-2015, or the Advisory on Online Shopping Fraud
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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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