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Legal information; legal advice, C2S43 CPRA

Section 43, Canon II

SECTION 43. Legal information; legal advice. – Pursuant to a lawyer’s duty to society and the legal profession, a lawyer may provide general legal information, including in answer to questions asked, at any fora, through traditional or electronic means, in all forms or types of mass or social media.
A lawyer who gives legal advice on a specific set of facts as disclosed by a potential client in such fora or media dispenses Limited Legal Service and shall be bound by all the duties in the CPRA, in relation to such Limited Legal Service. (2023 Code of Professional Responsibility and Accountability or CPRA)

1. Legal information; legal advice

a. Duty to society and the legal profession      

Under this section, lawyers “may provide general legal information, including in answer to questions asked, at any fora, through traditional or electronic means, in all forms or types of mass or social media” as it is pursuant to “a lawyer’s duty to society and the legal profession.”

Thus, lawyers are allowed to provide general legal information in lectures, seminars, training, and similar venues, including answering questions that may be posed by attendees or students.

Similarly, lawyers may also provide such legal information or answer to legal questions via written publications through newspapers, magazines, or online websites or digital spaces.

Furthermore, lawyers are allowed to provide general legal information via radio shows, TV shows, vlogs, podcasts, and all forms of mass or social media.

b. Limited Legal Service

In these for a or media, lawyers who give legal advice “on a specific set of facts as disclosed by a potential client” “dispenses Limited Legal Service and shall be bound by all the duties in the CPRA, in relation to such Limited Legal Service. “

As to how specific should a set of facts be to be covered by this rule, it will be on a case-by-case basis and thus lawyers should exercise their best discretion and judgment.

See related:

Limited Legal Services, C3S35 CPRA

Pro bono Limited Legal Services, C3S36 CPRA

Duty of confidentiality in Limited Legal Services, C3S37 CPRA

Termination of Limited Legal Services, C3S38 CPRA

Limited Legal Services of law student practitioners, C3S39 CPRA

References

Canon II, 2023 Code of Professional Responsibility

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