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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, at all times, act with propriety and maintain the appearance of propriety in personal and professional dealings, observe honesty, respect and courtesy, and uphold the dignity of legal profession consistent with the highest standards of ethical behavior.
One of the duties of a lawyer under Canon II, Section 12 is to immediately inform a court, tribunal, or other government agency of any dishonest, deceitful or misleading conduct related to a matter being handled by said lawyer before such court, tribunal, or other government agency.
A lawyer shall also report to the appropriate authority any transaction or unlawful activity that is required to be reported under relevant laws, including the submission of covered and suspicious transactions under the regulatory laws, such as those concerning anti-money laundering. When disclosing or reporting the foregoing information to the appropriate court, tribunal, or other government agency, the lawyer shall not be deemed to have violated the lawyer’s duty of confidentiality.
Any such information shall be treated with strict confidentiality.
A baseless report shall be subject to civil, criminal, or administrative action.
In relation to the above-mentioned, the Anti-Money Laundering Act, as amended, provides that the term “covered persons” shall exclude lawyers and accountants acting as independent legal professionals in relation to information concerning their clients or where disclosure of information would compromise client confidences or the attorney-client relationship: Provided, That these lawyers and accountants are authorized to practice in the Philippines and shall continue to be subject to the provisions of their respective codes of conduct and/or professional responsibility or any of its amendments.
Lawyers and accountants acting as independent legal professionals are not required to report covered and suspicious transactions if the relevant information was obtained in circumstances where they are subject to professional secrecy or legal professional privilege.
Further, the CPRA provides that a lawyer shall not reveal the confidences of the client, including data from the client’s files, except:
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- When a written informed consent is obtained from client;
- When required by law, such as anti-money laundering statutes, or the Rules of Court;
- To extent necessary, to collect the lawyer’s fees;
- In defense of the lawyer, or the lawyer’s employees or associates; or
- By judicial order, but only if material.
Related Articles:
- WHAT ARE MONEY LAUNDERING OFFENSES?
- WHAT IS THE “SAFE HARBOR PROVISION” IN ANTI-MONEY LAUNDERING ACT?
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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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