Not All's Fair in Love: Lawyers Should Not Date Their Clients

(SPOT.ph) The practice of law is, well, covered by a lot of laws. According to Supreme Court Associate Justice Maria Filomena Singh, these laws also cover a lawyer's personal life—including their love life.

The Code of Professional Responsibility, according to Singh, has been around for more than 30 years. And their proposal to update the code "for the very first time" will contain a definition and commencement of the lawyer-client relationship. "There are elements that will give rise to lawyer-client relationship."

One of the provisions, in section 15, clearly states that "a lawyer shall not have dating, romantic, or sexual relations with a client during the engagement unless the consensual relationship existed between them before the lawyer-client relationship commenced."

This move comes after the Supreme Court "encountered enough administrative cases involving such a situation."

"The only reason we proposed this provision is because if there is already a relationship prior to the engagement of the lawyer as the counsel of the other party in the relationship, the client would have had the benefit already of deciding that 'I am in a relationship with this person. I know that we stand on a different footing than with a normal client and a lawyer, but I still decide to get him/her as my lawyer.' That is the choice of the client. But if the lawyer-client relationship preceded the romantic or the dating relationship, the client would not be on the same footing as the other client. Because that relationship started as a fiduciary relationship, as a trust relationship, between a lawyer and a client. Then, all of a sudden, there's a new factor that's injected into the relationship that will change the variables. Now, the lines will be blurred because of our romantic engagement, because of our dating relationship, I now will be treated in a different way that an ordinary lawyer should be treated. The relationship in regard to taking care of the client's properties and funds, the lines will be blurred," Singh said in an ANC interview on January 16.

She emphasized that the provision was made to protect both the client and the lawyer.

Also read:
Legitimate Children Can Take Mother's Surname: Supreme Court
Supreme Court Redefines Psychological Incapacity for Nullity of Marriages

Supreme Court's Proposed Code of Professional Responsibility

The Supreme Court's amended Code of Professional Responsibility not only covers the law practitioner's personal relationships, but also other aspects, such as behavior on social media and accountability.

"The thing is, what people don't normally understand, is that when you're a lawyer and when you take your oath, both your personal and professional lives are governed by the code. That is not the same for other professions. This is something we want to emphasize to our lawyers to keep on reminding them that not just because you post something personal, the code stops its application to whatever action you have taken. And so being responsible in our post, continuously carrying on a standard of conduct that is higher than that required of others or expected of others is something that should be second nature to all lawyers," Singh said.

The Supreme Court launched the Ethics Caravan for the Proposed Code of Professional Responsibility and Accountability on September 14, 2022 in Cebu City. They have had four legs so far with the last one happening on January 27 at the University of Santo Tomas.

"We want to hear everybody's inputs," Singh said. Aside from the caravan, they also engaged with the Integrated Bar of the Philippines, various schools, and other law firms to consult the proposed code.

Following the January 27 caravan, the proposed code will undergo revisions.

"We feel that we cannot perform efficiently if we are not ethical," Singh said about this strategy related to ethical responsibility and upholding the rule of law in the country.