Jest statement
Dear Atty. Nico,
I am a third-year law student and I admire the fact that you were able to become a successful actor and then, as a lawyer.
I write to you because I saw an online post that became viral on social media where one lawyer jokingly stated, “support local lawyers; go sue somebody.”
My question is: May a lawyer be held administratively liable as an officer of the court for such statement, albeit in jest?
Angelo
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Dear Angelo,
Although there is no available jurisprudence that may be said to parallel such circumstance, it is my opinion that said lawyer who made the online post may be held administratively liable.
Section 3, Canon II of the Code of Professional Responsibility and Accountability (CPRA) mentions that a lawyer shall not create or promote an unsafe or hostile environment, both in private and public settings, whether online, in workplaces, educational or training institutions, or in recreational areas.
A new addition to the CPRA pertains to the provisions on responsible use of social media. Section 36, Canon II states that a lawyer shall have the duty to understand the benefits, risks and ethical implications associated with the use of social media. Furthermore, Section 37, Canon II reminds lawyers to “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.”
Applying the above-mentioned provisions of Canon II of the CPRA, the statement, “support local lawyers; go sue somebody” cannot be taken lightly, especially when given by a lawyer. In the case of In Re: Atty. Lorenzo G. Gadon, the Supreme Court gave a reminder that a lawyer’s language should always be dignified and respectful, befitting the dignity of the legal profession.
In this regard, all lawyers should take heed that they are licensed officers of the courts who are mandated to maintain the dignity of the legal profession; hence, they must conduct themselves honorably and fairly. Although made as a joke, a lawyer is not allowed to divide his personality as an attorney at one time and a mere citizen at another.
Atty. Nico A. Antonio