Atty. Luna Tek maintains an account in the social media network called Twitter and has 1,000 followers there, including fellow lawyers and some clients. Her Twitter account is public so even her non-followers could see and read her posts, which are called tweets. She oftentimes takes to Twitter to vent about her daily sources of stress like traffic or to comment about current events. She also tweets her disagreement and disgust with the decisions of the Supreme Court by insulting and blatantly cursing the individual Justices and the Court as an institution.
a. Does Atty. Luna Tek act in a manner consistent with the Code of Professional Responsibility? Explain the reasons for your answer. (3%)
b. Describe the relationship between a lawyer and the courts. (3%)
Suggested answer only. Not an official answer and not legal advice.
[a] No, Atty. Luna Tek does not act consistently with the Code of Professional Responsibility and Accountability (CPRA); and [b] a lawyer is an officer of the court bound to observe respect, dignity, and courtesy toward judicial tribunals. Under Canon II, Sections
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Quick check
Does a lawyer's duty to observe respect toward courts apply to posts made on social media platforms like Twitter?
The ethical duties of respect and professional dignity apply to all public statements including social media posts.
Under the Code of Professional Responsibility and Accountability, how should a lawyer express disagreement with judicial decisions?
Disagreement with court decisions must be expressed through respectful legal remedies and dignified commentary.
What is the nature of the relationship between a lawyer and the courts under legal ethics?
A lawyer is an officer of the court bound to observe respect, dignity, and courtesy toward judicial tribunals.
Why is publicly insulting and cursing Supreme Court Justices on Twitter considered professional misconduct?
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May a lawyer defend vulgar public tweets against judges by claiming the right to free speech?
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Learn more about these topics
1. Respect Toward Courts
Under Canon II, Sections 1 and 2 of the Code of Professional Responsibility and Accountability, a lawyer owes a fundamental duty of respect, courtesy, and dignity toward courts and judicial officers. While lawyers retain the right to express legitimate criticism of judicial rulings, such criticism must be submitted through respectful legal channels and framed in dignified language. Blatant insult, vulgarity, and offensive personal attacks against judges or the judicial institution degrade public confidence in the rule of law and constitute serious professional misconduct.
2. Social Media Conduct
The ethical standards governing legal professionals apply with equal force to online communications and social media platforms. Postings on public social media networks like Twitter are accessible to a broad audience and cannot be treated as private or informal venting. Lawyers are bound to maintain professional dignity, self-restraint, and respect in their digital interactions. Cursing or insulting members of the judiciary on public social media violates the rules of legal ethics, subjecting the attorney to administrative disciplinary sanctions.
3. Officer of Court
A lawyer is first and foremost an officer of the court who assists in the administration of justice. This status establishes a special fiduciary relationship with judicial tribunals, requiring lawyers to uphold the authority, independence, and dignity of the courts. While an attorney must zealously advocate for client interests, this obligation is subordinate to the lawyer's primary duty as an officer of the court to foster public respect for the judicial system and observe dignified decorum at all times.