Professional Documents
Culture Documents
I - Restrictions of Government Lawyers
I - Restrictions of Government Lawyers
I - Restrictions of Government Lawyers
Correct Interpretation
Otherwise stated, to fall within the ambit of Rule 6.03 of the Code
of Professional Responsibility, the respondent must have
accepted engagement or employment in a matter which, by
virtue of his public office, he had previously exercised power to
influence the outcome of the proceedings. - Olazo v. Justice
Tinga, A.M. No. 10-5-7-SC [2010]
General Rule
The above provision prohibits a lawyer from using his or her public
position to: (1) promote private interests; (2) advance private
interests; or (3) allow private interest to interfere with his or her
public duties.
Definition of substantial
responsibility
Application of C.P.R.
on a government lawyer
Cont
IRR of RA 6713
Rule X
Grounds for Administrative Disciplinary Action
Section 1. In addition to the grounds for administrative disciplinary action
prescribed under existing laws, the acts and omissions of any official or
employee, whether or not he holds office or employment in a casual,
temporary, hold-over, permanent or regular capacity, declared unlawful
or prohibited by the Code, shall constitute the grounds for administrative
disciplinary action, and without prejudice to criminal and civil liabilities
provided herein, such as:
Cont
Correct Interpretation
retirement
resignation
expiration of the term of office
dismissal
abandonment
Pro se litigant
Adverse-interest conflict
Congruent-interest representation conflicts."
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"Adverse-interest conflicts"
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Adverse-interest conflict
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Congruent-interest conflict
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The fatal taint which would require disqualification arises in two types of
cases:
(1) where an attorney's conflict of interests in violation of [Canons]
undermines the court's confidence in the vigor of the attorney's
representation of his client, or more commonly
(2) where the attorney is at least potentially in a position to use
privileged information concerning the other side through prior
representation xxx thus giving his present client an unfair advantage. US v.Russell White BROTHERS, Jr., G. Thomas Nebel, and Thomas White
Brothers 856 F.Supp. 370 (1992)
The PAO was created for the purpose of providing free legal
assistance to indigent litigants.[27] Section 14(3), Chapter 5, Title
III, Book V of the Revised Administrative Code provides:
Sec. 14. xxx
Query
Why is the former allowed, who is still occupying the very public
position that he is liable to exploit, but a non-incumbent like
myself who is no longer in a position of possible
abuse/exploitation cannot?"
Atty. Buffe alleged that Section 7(b)(2) of R.A. No. 6713 gives
preferential treatment to an incumbent public employee, who may
engage in the private practice of his profession so long as this
practice does not conflict or tend to conflict with his official
functions.
In contrast, a public official or employee who has retired, resigned,
or has been separated from government service like her, is
prohibited from engaging in private practice on any matter
before the office where she used to work, for a period of one (1)
year from the date of her separation from government
employment.
Exception
Interpretation
A clerk of court can already engage in the practice of law immediately after
her separation from the service and without any period limitation that
applies to other prohibitions under Section 7 of R.A. No. 6713.
The clerk of courts limitation is that she cannot practice her profession
within one year before the office where he or she used to work with .
In a comparison between a resigned, retired or separated official or
employee, on the one hand, and an incumbent official or employee, on
the other, the former has the advantage because the limitation is only
with respect to the office he or she used to work with and only for a
period of one year.
The incumbent cannot practice at all, save only where specifically allowed
by the Constitution and the law and only in areas where no conflict of
interests exists.
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