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THE CODE OF PROFESSIONAL RESPONSIBILITY AND

ACCOUNTABILTY (CPRA) IN COMPARISON WITH THE CODE


OF PROFESSIONAL RESPONSIBILITY (CPR)

Randy P Adores JD 1A

The new Code of Professional Responsibility and Accountability as


approved by the Supreme Court on April 13, 2023 is a bold and
innovative move of the SC as to create or formulate the said CPRA
which will serve as the bible of the conduct of the lawyers all over
the country. The CPRA is adaptable and can stand the test of time.
It may differ from the previous Code of Professional Responsibility
in some aspects but it really does not depart from it but instead it
serves as a basis to improve and make sure that it is timely and
relevant. The CPRA is values-base and very specific on the do’s and
don’ts of the practice of the profession. In comparison with the
previous CPR that deals with law and society, lawyer and the legal
profession, the lawyers and the court and its clients, the CPRA as
values-base framework is more specific with Canons on
Independence, Propriety, Fidelity, Competence, Diligence,
Equality, and Accountability. It is more on specific values and
characteristics of how a lawyer conducts himself on a very specific
event or situation. It is more profound and clearer as to what
situation a lawyer might violate.

The CPRA provides significant features that allows it to be flexible


and comprehensive especially dealing with the fast-changing world
of lawyering. As there is always change, our actions and conduct
should also be susceptible for changes but still grounded on the core
values and the reason of the profession that we should maintain as
the administrator of justice especially in dealing with our client,
non-legal staff and lawyers. It also defines the virtues or values that
a lawyer must possess and live up to. These changes or I would say
innovation or improvement with the CPRA is substantial in todays
practice of law. Being these improvement is important or essential
in the practice, CPRA is a big leap in the modern practice of law.
And since our world is also fast-changing, our rules should also be
susceptible, adaptable and timely, one of which is the lawyers in
this modern or technological times.
One of the new features that is essential is its Preamble. A
statement that provides insight and introduces the canons of the
CPRA. In the previous code, it is directed automatically on the
canons and it sometimes give an impression of something is lacking.
The preamble of the CPRA already gives idea on what the code
contains and most importantly, it gives emphasis to the integrity of
a lawyer in his practice, dealings and obedience that makes him an
abiding lawyer with complete ethical values that is worth
emulating for his comrades or the future practitioner of law. It also
shows that having integrity in the practice based on the new CPRA
will entail a lawyer with independence, propriety, fidelity,
competence and diligence, equality and accountability.

Other features that is timely and relevant, which also essential is


tackling of the importance and use of the social media. As we all
know, we are in technologically advance world and social media
plays an important role in our everyday activities. These advances
were not anticipated in the drafting of the previous CPR which
provides uncertainties on the act committed by the lawyers in terms
of technology or social media. Since it is not clear in the previous
CPR, lawyers having hard time on dealing such issues that
sometimes resorted to malpractice of law. Thus, this step taken by
SC including the use of social media in the canons will be of great
help and will serve as basis of the conduct of the lawyer in terms of
social media.

Also, the CPRA discusses some issues and practices that demands
the highest priority in the practice of law. These concerns or issue
being given priority or discussed is the activities that protect not
only the clients but also non-legal staff and the community in
possible malpractices or any untoward actions of the lawyers. These
are the gender-based harassment or discrimination, child and
cultural-sensitive languages. The CPRA provides guidelines in
dealing with these situations showing that the new code is more
sensitive and protective of the rights of not only the lawyers but
everyone around him. It provides the things that need to improved
and limitations of being an administrator of justice in the practice.

And for the CPRA being more specific and in a values-base


framework, it became longer with the sections of each canon
compared from the previous CPR. But the advantage of this is that
since it is more specific, it is clearer and easy to understand and
therefore less ambiguous. It provides specific conducts that even a
simple, discreet and prudent man can easily understand and obey.
It is well-thought and easy to understand as the profession
demands a different approach depending on the current situation
as well as the demands of the society. It is the answer to the demand
as the lawyering profession expanded its scope, it also need a
flexible rule to oversee lawyers.

Further, the CPRA co pared to the previous code is more mandatory


and must be implemented as it now have its sections that deals on
the retroactivity of the law, repealing clauses and its effectivity
clause. It also provides penalties to each of breach or violation of
the new code which is very substantial so that the lawyers will be
aware of the consequences of their actions.

Lastly, the improvement of the Lawyer’s Oath, as the basic ground


of being a lawyer. It is more comprehensive and detailed which
summarizes all the duties of a lawyer to the profession, to the
clients, the community and the Constitution.

Therefore, the CPRA in total is innovative, susceptible, flexible and


specific serves as a reminder that whatever changes it undertook,
justice must prevail while still being grounded on the core values
that a lawyer must uplift, obey and follow.

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