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Conflict of interest for lawyers in the academe, C2S33 CPRA

Section 33, Canon II

SECTION 33. Conflict of interest for lawyers in the academe. A lawyer serving as a dean, administrative officer, or faculty member of an educational institution shall disclose to the institution any adverse interest of a client.
 Upon discovery of any adverse interest of the lawyer’s client which directly affects any student who is under his or her direct supervision and guidance, the lawyer shall likewise disclose the same to the institution. (2023 Code of Professional Responsibility and Accountability or CPRA)

1. Conflict of interest for lawyers in the academe

a. Active disclosure

Under this section, lawyers who serve “as a dean, administrative officer, or faculty member of an educational institution” are required to “disclose to the institution any adverse interest of a client.”

The obligation is an active disclosure, which means lawyers should disclose without need of any prodding, instruction, or directive.

b. Discovery of adverse interest

Under this section, lawyers are also required to disclose to the institution should they discover “any adverse interest of the lawyer’s client which directly affects any student who is under his or her direct supervision and guidance.”

For example, a lawyer’s client may have a claim or dispute against the said student, such as arising from a car accident wherein the student may have been at fault. In a succession and inheritance case, the lawyer may be representing one of the heirs who has a claim on the estate and the student is also another heir making a separate claim.

References

Canon II, 2023 Code of Professional Responsibility

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