Professional Documents
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Problem Areas in Legal Ethics - Case Digests
Problem Areas in Legal Ethics - Case Digests
Director of Religious Affairs vs Estanislao Bayot The most worthy and effective advertisement possible, even for a
74 Phil 579 – Legal Ethics – Malpractice young lawyer, and especially with his brother lawyers, is the Held:
establishment of a well- merited reputation for professional capacity In the case of Register of Deeds of Manila vs. China Banking
In June 1943, Bayot advertised in a newspaper that he helps people in and fidelity to trust. This cannot be forced, but must be the outcome Corporation, the SC said:
securing marriage licenses; that he does so avoiding delays and of character and conduct. Solicitation of business by circulars or
publicity; that he also makes marriage arrangements; that legal advertisements, or by personal communications or interviews not The Court believes that, in view of the personal and confidential
consultations are free for the poor; and that everything is confidential. warranted by personal relations, is unprofessional. It is equally nature of the relations between attorney and client, and the high
The Director of Religious Affairs took notice of the ad and so he sued unprofessional to procure business by indirection through touters of standards demanded in the canons of professional ethics, no practice
Bayot for Malpractice. any kind, whether allied real estate firms or trust companies should be allowed which even in a remote degree could give rise to
advertising to secure the drawing of deeds or wills or offering retainers the possibility of deception. Said attorneys are accordingly advised to
Bayot initially denied having published the advertisement. But later, in exchange for executorships or trusteeships to be influenced by the drop the names of the deceased partners from their firm name.
he admitted the same and asked for the court’s mercy as he promised lawyer. Indirect advertisement for business by furnishing or inspiring The public relations value of the use of an old firm name can tend to
to never repeat the act again. newspaper comments concerning the manner of their conduct, the create undue advantages and disadvantages in the practice of the
magnitude of the interests involved, the importance of the lawyer’s profession. An able lawyer without connections will have to make a
ISSUE: Whether or not Bayot is guilty of Malpractice. position, and all other like self-laudation, defy the traditions and lower name for himself starting from scratch. Another able lawyer, who can
the tone of our high calling, and are intolerable. join an old firm, can initially ride on that old firm’s reputation
HELD: Yes. Section 25 of Rule 127 expressly provides among other established by deceased partners.
things that “the practice of soliciting cases at law for the purpose of It is unprofessional for a lawyer to volunteer advice to bring a lawsuit,
gain, either personally or thru paid agents or brokers, constitutes except in rare cases where ties of blood, relationship or trust make it The court also made the difference from the law firms and business
malpractice.” The advertisement he caused to be published is a his duty to do so. corporations:
brazen solicitation of business from the public. .” It is highly unethical
for an attorney to advertise his talents or skill as a merchant advertises Tagorda’s liability is however mitigated by the fact that he is a young A partnership for the practice of law is not a legal entity. It is a mere
his wares. The Supreme Court again emphasized that best inexperienced lawyer and that he was unaware of the impropriety of relationship or association for a particular purpose. … It is not a
advertisement for a lawyer is the establishment of a well-merited his acts. So instead of being disbarred, he was suspended from the partnership formed for the purpose of carrying on trade or business or
reputation for professional capacity and fidelity to trust. But because practice of law for a month. of holding property.” Thus, it has been stated that “the use of a nom
of Bayot’s plea for leniency and his promise and the fact that he did de plume, assumed or trade name in law practice is improper.
not earn any case by reason of the ad, the Supreme Court merely PETITION FOR AUTHORITY TO CONTINUE USE OF THE FIRM NAME We find such proof of the existence of a local custom, and of the
reprimanded him. “SYCIP, SALAZAR, FELICIANO, HERNANDEZ & CASTILLO". elements requisite to constitute the same, wanting herein. Merely
because something is done as a matter of practice does not mean that
In Re: Luis Tagorda PETITION FOR AUTHORITY TO CONTINUE USE OF THE FIRM NAME Courts can rely on the same for purposes of adjudication as a juridical
53 Phil 37 – Legal Ethics – Malpractice – Solicitation of Legal Business – “SYCIP, SALAZAR, FELICIANO, HERNANDEZ & CASTILLO.” custom.
Advertisement in the Legal Profession – Stirring Up of Litigation
July 30, 1979 Petition suffers legal and ethical impediment.
In 1928, Luis Tagorda was a provincial board member of Isabela.
Before his election, he campaigned that he is a lawyer and a notary Facts: Dacanay vs Baker & McKenzie et al
public; that as a notary public he can do notarial acts such as execution Petitions were filed by the surviving partners of Atty. Alexander Sycip, Legal Ethics – Use of Foreign Law Firm Name
of deeds of sale, etc.; that as a lawyer, he can help clients collect who died on May 5, 1975 and by the surviving partners of Atty.
debts; that he offers free consultation; that he is willing to serve the Herminio Ozaeta, who died on February 14, 1976, praying that they be In November 1979, Atty. Vicente Torres sent a letter to one Rosie
poor. allowed to continue using, in the names of their firms, the names of Clurman, represented by Atty. Adriano Dacanay, asking Clurman to
partners who had passed away. release some shares to Torres’ client. The letterhead contained the
When he won, he wrote a letter to the barrio lieutenant of Echague, name “Baker & McKenzie”. Dacanay denied Clurman’s liability and at
Isable advising the latter that even though he was elected as a Petitioners contend that the continued use of the name of a deceased the same time he asked why is Torres using the letterhead “Baker &
provincial board member, he can still practice law; that he wants the or former partner when permissible by local custom, is not unethical McKenzie”, a foreign partnership established in Chicago, Illinois. No
lieutenant to tell the same to his people; that he is willing to receive but care should be taken that no imposition or deception is practiced reply was received so Dacanay filed an administrative complaint
works regarding preparations of sales contracts and affidavits etc.; through this use. They also contend that no local custom prohibits the enjoining Torres from using “Baker & McKenzie”.
that he is willing to receive land registration cases for a charge of three continued use of a deceased partner’s name in a professional firm’s
pesos. name; there is no custom or usage in the Philippines, or at least in the Later, Torres said that he is an associate of the law firm Guerrero &
Greater Manila Area, which recognizes that the name of a law firm Torres; that their law firm is a member of Baker & McKenzie; that the
ISSUE: Whether or not Tagorda is guilty of malpractice. necessarily identifies the individual members of the firm. said foreign firm has members in 30 cities all over the world; that they
associated with them in order to make a representation that they can
HELD: Yes. Tagorda admitted doing the foregoing acts. The practice of Issue: render legal services of the highest quality to multinational business
soliciting cases at law for the purpose of gain, either personally or WON the surviving partners may be allowed by the court to retain the enterprises and others engaged in foreign trade and investment.
through paid agents or brokers, constitutes malpractice. name of the partners who already passed away in the name of the
firm? NO ISSUE: Whether or not the use of a foreign law office name is allowed.
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PROBLEM AREAS IN LEGAL ETHICS – CASE DIGESTS
HELD: No. Baker & McKenzie, being an alien law firm, cannot practice turn over the proceeds of the sale. This forced Soledad to file an action lawyers. Instead of promoting such confidence and respect, he
law in the Philippines. Such use of foreign law firm name is unethical for a sum of money before the RTC, Quezon City. miserably failed to live up to the standards of the legal profession.
therefore Torres and his law firm are enjoined from using “Baker &
McKenzie” in their practice of law. The court rendered its decision ordering the Atty. to pay Soledad the His act of issuing bad checks in satisfaction of the alias writ of
sum of P16,000 as principal obligation, with at the legal rate from the execution for money judgment rendered by the trial court was a clear
In Re: Felipe Del Rosario date of the commencement of the action. attempt to defeat the ends of justice. His failure to make good the
52 Phil 399 – Legal Ethics – Practice of Law is a Privilege checks despite demands and the criminal cases for violation of B.P.
An appeal to the CA was made. However, the appeal was dismissed for Blg. 22 showed his continued defiance of judicial processes, which he,
Felipe Del Rosario took the bar in 1925 for the second time and he failure to pay the required docket fee within the reglementary period as an officer of the court, was under continuing duty to uphold.
failed. He again took it in 1926 and he failed again. In 1927, he filed a despite notice. To further demonstrate his very low regard for the courts and judicial
motion before the Supreme Court in which he alleged that there was a processes, he even had the temerity of making a mockery of the
mistake in the computation of his exam results in the 1925 bar exams. Soledad filed a motion for the issuance of an alias writ of execution. court’s generosity to him. We granted his three motions for extension
He was then admitted to the bar. But it appears that only a partial satisfaction of the P16,000 judgment of time to file his comment on the complaint in this case. Yet, not only
was made, leaving P13,800 unsatisfied. In payment for the latter, Atty. did he fail to file the comment, he as well did not even bother to
HOWEVER, a subsequent investigation by the city fiscal uncovered that issued four postdated checks but was dishonored because the account explain such failure notwithstanding our resolution declaring him as
Del Rosario, together with one Juan Villaflor – a former employee of against which they were drawn was closed. having waived the filing of the comment. To the SC, Atty. openly
the Supreme Court, falsified some documents to make it appear that showed a high degree of irresponsibility amounting to willful
Del Rosario actually passed the 1925 bar exams. The two were Hence, Soledad was forced to file four criminal complaints for violation disobedience to its lawful orders.
subsequently charged with falsification. Villaflor was convicted as he of B.P. Blg. 22 before the MTC, Quezon City.
pleaded guilty but Del Rosario was acquitted for lack of evidence. The Atty. Ricafort then knowingly and willfully violated Rules 12.04 and
fiscal however recommended Del Rosario to surrender his certificate In a joint affidavit, Atty. Ricafort admitted having drawn and issued 12:03 of Canon 12 of the Code of Professional Responsibility stating
of attorney. said four postdated checks in favor of Soledad. Allegedly believing in that:
good faith that said checks had already been encashed by Soledad, he
ISSUE: Whether or not the recommendation by the fiscal is correct. subsequently closed his checking account in China Banking Lawyers should avoid any action that would unduly delay a case,
Corporation, Legazpi City, from which said four checks were drawn. He impede the execution of a judgment or misuse court processes; and
HELD: Yes. The mere fact that Villaflor was convicted proves that Del was not notified that the checks were dishonored. Had he been that lawyers, after obtaining extensions of time to file pleadings,
Rosario is unworthy of the certificate of attorney. The crime which notified, he would have made the necessary arrangements with the memoranda or briefs, should not let the period lapse without
Villaflor is proven guilty of has benefited only Del Rosario and it is bank submitting the same or offering an explanation for their failure to do
impossible that the latter has no knowledge of this illegal machination. so.
But shouldn’t the Supreme Court just allow Del Rosario to take the bar The court required Atty. to comment on the complaint. But he never
exams again? did despite the favorable action on his three motions for extension of The SC indefinitely suspended Atty. Ricafort from the practice of law
time to file the comment. His failure to do so compelled Soledad to file and directed to pay Soledad P13,800.
No. The practice of the law is not an absolute right to be granted a motion to cite Atty. in contempt on the ground that his strategy to
everyone who demands it, but is a privilege to be extended or file piecemeal motions for extension of time to submit the comment
withheld in the exercise of a sound discretion. The standards of the “smacks of a delaying tactic scheme that is unworthy of a member of
legal profession are not satisfied by conduct which merely enables one the bar and a law dean.”
to escape the penalties of the criminal law. It would be a disgrace to
the Judiciary to receive one whose integrity is questionable as an The IBP findings show that the Atty. had no intention to “honor” the
officer of the court, to clothe him with all the prestige of its money judgment against him. It recommended that Atty. be declared
confidence, and then to permit him to hold himself out as a duly “guilty of misconduct in his dealings with complainant” and be
authorized member of the bar. suspended from the practice of law for at least one year and pay the
amount of the checks issued to the complainant.
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