SOLICITATION OF LEGAL SERVICES

By:

Flores, Tricia Jane Honorio, Maiden Paat, Hazel Anne

What is improper solicitation? Is advertisement of legal services allowed? When is solicitation of legal business permissible? Is the use of calling cards by lawyers proper?

Rule 2.03 A Lawyer shall not do or permit to be done any act designed primarily to solicit legal business.

Practice of law is a profession not a moneymaking trade -in the fixing of attorney's fees, it must not be forgotten that the profession is a branch of the administration of justice and not a mere money-making trade (Jayme vs. Bualan, 58, Phil. 422; Canon 12, CPE.) . It is not a husiness but a profession. (In re:
Tagorda, 53 Phil. 37; Director of Religious affairs vs. Bayot, 74 Phil. 579).

What is IMPROPER SOLICITATION OF LEGAL BUSINESS? Is it prohibited?

As the practice of law is a profession, it is highly unethical for an attorney to advertise his talents or skill as merchant.

Director of Religious Affairs vs. Bayot 74 Phil. 579

Marriage license promptly secured through our assistance and the annoyance of delay or publicity avoided if desired and marriage arranged to wishes of parties. Consultation on any matter free for the poor. Everything confidential. Held:

It is undeniable that the advertisement in question was a flagrant violation by the respondent of the ethics of his profession. It being a brazen solicitation of business from the public

Will advertisement lower the standards of the law profession?

In re: Tagorda Held: It becomes our duty to condemn in no uncertain terms the ugly practice of solicitation of cases by lawyers. It is destructive of the honour of a great profession. It lowers the standards of that profession. It works against the confidence of the community in the integrity of the members of the bar. It results in needless litigation and in incenting to strife otherwise peacefully inclined citizens.

ULEP VS. THE LEGAL CLINIC, INC. Bar Matter No. 553 June 17, 1993

SECRET MARRIGE? P560 for valid marriage Info on DIVORCE, ABSENCE, ANNULMENT, VISA

THE LEGAL CLINIC, INC. Please call: 521-0767, 5217232, 5222041 5217232 8:30am -6:00 p 7th Flr Victoria Bldg.U.N. Avenue, Manila 7th

ULEP VS. THE LEGAL CLINIC, INC. Bar Matter No. 553 June 17, 1993
Held : The Supreme Court enjoined the said corporation from issuing or causing the publication or dissemination of any advertisement in any form which is of the same or similar tenor and purposes of the advertisements above. These advertisements are contrary to Rule 2.03 AND Rule 3.01 of the Code of Personal Responsibility. The prime incorporator, major stockholder and proprietor of the Legal Clinic, Inc. being a member of the Philippine Bar is reprimanded with stern warning not to repeat the same similar act.

Atty. Ismael G. Khan Jr. vs. Atty. Rizalino T. Simbillo A.C. NO. 5299 & 157053, August 19, 2003
Annulment of Marriage Specialist.
These advertisements appeared in the July 5, 2000 issue of the Philippine Daily Inquirer, and further research showed that similar advertisements were published in the Manila Bulletin in August 2 and 6, 2000 and in the Philippine Star in August 5, 2000.

Held: xxxxx Nonetheless, the solicitation of legal business is not altogether proscribed. However, for solicitation to be proper, it must be compatible with the dignity of the legal profession. If it is made in a modest and decorous manner, it would bring no injury to the lawyer and to the bar. Thus, the use of simple signs stating the name or names of the lawyers, the office and residence address and fields of practice, as well as advertisement in legal periodicals bearing the same brief data, are permissible. Even the use of calling cards is now acceptable. xxxx

Solicitation of Legal Business, when permissible?

For solicitation to be proper, it must be compatible with the dignity of the legal profession. If made in a mildest and decorous manner, it would bring no injury to the lawyer or to the bar (Wasrvelle, Legal ethics, p. 55) . Thus, the use of simple signs stating the name or names of the lawyers, professional cards bearing the name of the lawyer or lawyers, the office and residence address and special lines in law, advertisements in legal periodicals bearing the same brief data are permissible. Even the use of calling cards with a formal picture (FACE) of the lawyer is now acceptable.

When is advertisements newspaper permissible?

in

1) Modest announcements in newspapers, periodicals or magazines about the opening of a law office or law firm stating the names of the lawyers and the address of the office or firm is not improper.

2) Customary use of simple professional cards is not improper (Canon 27, CPE).

Rule 2.04 A Lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant.

Rates to be charged- Some IBP Chapters in the country have approved schedules of attorney's fees providing specific guidelines in the fixing of attorney's fees for legal services, including but not limited to consultation, documentation, notarization, pleading, research. Trial work, appearance fees, acceptance fees, retainers and similar others.

CANON 3: A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED, AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS

Rationale: The practice of law is not a trade like the sale of commodities to the general public where the usual exaggerations in trade, when the proper party had the opportunity to know the facts, are not in themselves fraudulent.

As a general rule, it is unethical to advertise lawyers legal services except when such is based on TRUE, HONEST, FAIR, DIGNIFIED and OBJECTIVE INFORMATION and on pure statement of facts. Even if the information is true, making it known to the public undignified and demeaning profession. the manner of must not be to the legal

RULE 3.01: A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, selflaudatory or unfair statement or claim regarding his qualifications of legal services.

Salient Points:

Any claim or statement qualifications or quality not be DECEPTIVE, LAUDATORY or UNFAIR.

of a lawyer about his of legal services must UNDIGNIFIED, SELF-

A Lawyer should not pretend to a prospective client to get the latters trust and confidence.

EXAMPLES:

(1) Pretending to be a seasoned lawyer and an expert in a particular law or laws when in truth he is not and had not even prosecuted or defended a case in his lifetime. (2) That he had not lost a case in his practice when in truth, he had not won a single case yet because of his incompetence and lack of skill. (3) That he is an associate/partner of a big firm; (4)That he is a specialist on a certain line when he is not, just to attract potential clients.

ACTUAL CASE:

(1) A lawyer who uses as his office address the office of his wife who is a judge was found guilty of using fraudulent, misleading and deceptive address that had no purpose other than to try to impress either the court in which his cases are lodged or his clients that he had close ties to a member of the Judiciary. ( In re: Atty. Renerio G. Paas, 400 SCRA 543)

ACTUAL CASE:

(2) The use of a BUSINESS CARD by a layer containing self- laudatory statements about his ability was condemned by the Supreme Court. (In RE: Tagorda, 53 Phil 37). In this case, the lawyer was suspended.
As notary public, he can execute for you a deed of sale for the purchase of land as required by the cadastral office; can renew lost documents of your animals; can make your application and final requisites for your homestead; and can execute any kind of affidavit. As a lawyer, he can help you collect your loans although long overdue, as well as any complaint for or against you. Come or write to him in his town, Echague, Isabela. He offers free consultation, and is willing to help and serve the poor

ACTUAL CASE:

(3) Counsel promised them financial assistance, and expeditious collection of their claims just to induce them to seek the lawyers assistance, he persistently called them and sent them text messages. Respondent also maintains a calling card to wit:

NICOMEDES TOLENTINO LAW OFFFICE CONSULTANCY & MARITIME SERVICES W/ FINANCIAL ASSISTANCE Fe Marie L. Labiano Paralegal 1st MIJI Mansion, 2nd Flr. Rm. M-01 Tel: 362-7820 6th Ave., cor M.H. Del Pilar Fax: (632) 362-7821 Grace Park, Caloocan City Cel.: (0926) 2701719 Back SERVICES OFFERED: CONSULTATION AND ASSISTANCE TO OVERSEAS SEAMEN REPATRIATED DUE TO ACCIDENT, INJURY, ILLNESS, SICKNESS, DEATH AND INSURANCE BENEFIT CLAIMS ABROAD. (emphasis supplied)

Decision:

Respondent Atty. Nicomedes Tolentino for violating Rules 1.03, 2.03, 8.02 and 16.04 and Canon 3 of the Code of Professional Responsibility and Section 27, Rule 138 of the Rules of Court is hereby SUSPENDED from the practice of law for a period of one year effective immediately from receipt of this resolution. He is STERNLY WARNED that a repetition of the same or similar acts in the future shall be dealt with more severely. ( Linsangan vs Tolentino. AC No. 6672)

RULE 3.02: In the choice of firm name, no false, misleading or assumed name shall be used. The continued use of the name of the deceased partner is permissible provided that the firm indicates in all its communications that said partner is deceased.

SALIENT POINT:

A group of lawyers who desires to establish a partnership for general practice of law may adopt a firm name. However, no FALSE NAME or MISLEADING or ASSUMED name shall be used in the firm name adopted. NO NAME NOT BELONGING to any of the partners or associates may be used in the firm name for any purpose.

In case the partner dies, the name of the deceased may still be use for as long as the firm in all its communications indicated that the partner is already dead. (The use of a cross after the name of the deceased partner is a good indication). PURPOSE : to maintain the clients who have been provided legal services by the law firm.

Actual cases:

(1) The use of Dionisio D. Ramos instead of Pedro D. Ramos was found by the Supreme Court a form of deception and an act of demonstrating lack of candor in dealing with the courts; (Pangan vs Ramos, 93 SCRA 87 ). (2) The use by the respondents of the FIRM NAE Baker and Mckenzie constitutes unethical practice because the firm is not authorized to practice in the Philippines. (Dacanay vs Baker & Mckenzie, 136 SCRA 349) .

Rule 3.03 Where a partner accepts public office, he shall withdraw from the firm and his name shall be dropped from the firm name unless the law allows him to practice law concurrently.

RATIONALE for the RULE : To prevent the law firm or partners from making use of the name of the public official to attract legal business and to avoid suspicion of undue influence (Report of IBP Committee, p. 16)

Exception to the Rule:

If the law allows him to practice law concurrently while holding the position such as a Sangguniang member who is allowed to practice law subject to certain restrictions: Section 90. Practice of Profession. (b) Sanggunian members may practice their professions, engage in any occupation, or teach in schools except during session hours: Provided, That sanggunian members who are also members of the Bar shall not:

Sec. 90 (b)

(1) Appear as counsel before any court in any civil case wherein a local government unit or any office, agency, or instrumentality of the government is the adverse party; (2) Appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office. (3) Collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official; and (4) Use property and sanggunian member government. personnel of the government except when concerned is defending the interest of the the

Rule 3.04 A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of, or in return for, publicity to attract legal business.

Rule 3.04

SALIENT POINT: The Rule mandates that a lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of, or in return for, publicity to attract legal business. RATIONALE for the RULE: A lawyer who seeks publicity to attract legal business is debasing the legal profession, especially so, if he pays something of value for it.

Rationale of the Rule:

To prevent some lawyers from gaining an unfair advantage over others through the use of gimmickry, press agentry or other artificial means. The rule also prohibits a lawyer from making indirect publicity gimmick such as furnishing or inspiring newspaper comments, procuring his photograph to be published in connection with cases which he is handling, making a court room scene to attract the attention of newspapermen, or arranging for the purpose an interview with him by media people. Any of these is reprehensible.

EXCEPTION to the RULE:

Media publicity merely incidental for an efficient legal service rendered by the lawyer, the same is not improper. Hence, what is prohibited is for a lawyer to resort to adroit propaganda to secure media publicity for the purpose of attracting legal business.

Is COMPETITIVE advertising allowed?

NO, Competitive advertising is not allowed among lawyers due to the following reasons: (1) the good and ethical lawyers will be pushed to the sides by the moneyed and unscrupulous ones. (2) may lead to assertion of fraudulent claims, corruption of public officials

Competitive advertising not allowed

(3) it will encourage lawyers to engage in overreaching, overcharging, underrepresentation and misrepresentation. (4) lead to the creation of false status and reputation of lawyers which in the end will mislead the public and clients to their detriment in reposting trust and confidence on lawyers who may not be competent and trustworthy at all.

Best advertisement for a lawyer

is a well-deserved reputation for competence, honesty and fidelity to private trust and public duty. Of these, honesty reigns paramount. A lawyer must not only be honest but must appear to be honest. By his honesty, he gains public confidence and this public confidence is his greatest advertisement.

THANK YOU