Section 40 of Code of professional ethics for lawyers

CPRA

1. Accountability of Legal Clinic Director and Supervising Lawyer Section 40, CPRA – Rule 138-A of the Rules of Court

2. Provision Text Section 40, CPRA: “A law student clinic director and supervising lawyer, under Rule 138-A of the Rules of Court shall provide meaningful training to law students. They shall assume responsibility for any work performed by the law student while under their supervision and shall comply with all the laws, rules, and guidelines pertaining to Law Student Practice.”

3. Key Duties - Provide meaningful training to law students - Assume full responsibility for students’ legal work - Ensure compliance with Rule 138-A and related guidelines

4. Why It Matters - Protects clients’ rights and interests - Guarantees ethical, competent service - Ensures law students gain real training without harming clients

5. Related Rules - Rule 138-A, Sec. 11: Supervising lawyers assume personal responsibility for students’ work - CPRA Canon III: Supervisory accountability is part of professional ethics - Bar Matter No. 730 (1997): SC requires actual supervision, not just nominal

6. Implications For Clinic Directors & Supervisors: - Administrative liability if negligent - Must always guide & monitor law students - Role is both educational & protective

7. Visual Summary Section 40 in Action: Train → Supervise → Take Responsibility → Comply with Rules

8. Closing “Law student practice is never independent – the supervising lawyer stands accountable.”