Wednesday, June 12, 2013

Misconduct of lawyers in government service

Generally speaking, a lawyer who holds a government office may not be disciplined as a member of the Bar for his misconduct in the discharge of his duties as government official. However, if said misconduct as a government official also constitutes a violation of his oath as a lawyer, then he may be disciplined by the Court as a member of the Bar. A member of the Bar who assumes public office does not shed his professional obligations. The Code of Professional Responsibility was not meant to govern the conduct of private practitioners alone, but all lawyers including those in government service. Lawyers in government are public servants who owe utmost fidelity to the public service. Otherwise said, a lawyer in government service is a keeper of the public faith and is burdened with high degree of social responsibility, perhaps higher than her brethren in private practice (A.C. No. 5119. April 17, 2013).

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