14 Solicitation

8/11/2019 14 Solicitation

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SOLICITATION OF LEGAL

SERVICES

By: Flores, Tricia Jane

Honorio, Maiden

Paat, Hazel Anne


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What is improper solicitation?

Is advertisement of legal services allowed?

When is solicitation of legal businesspermissible?

Is the use of calling cards by lawyersproper?


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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 money-making trade -in the fixing of attorney's

fees, it must not be forgotten that theprofession is a branch of the administrationof justice and not a mere money-makingtrade (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).


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What is IMPROPER SOL ICITATION OF

LEGAL BUSINESS?Is it prohibited?

As the practice of law is a profession, it ishighly unethical for an attorney to advertise

his talents or skill as merchant.


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Director of Religious Affairs vs. Bayot

74 Phil. 579

Marriagel icense prompt ly secured throu gh o ur assistance

and the annoyance of delay or p ub l ic i ty avoided if desired and

marr iage arranged to wish es of part ies. Consu ltat ion on any

matter free for the poor. Everything conf ident ia l .

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 fromthe public


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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 greatprofession. 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.


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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

THELEGAL CLINIC, INC.

Please call: 521-0767, 5217232, 5222041

8:30am -6:00 p

7thFlr Victoria Bldg.U.N. Avenue, Manila


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ULEP VS. THE LEGAL CLINIC, INC.

Bar Matter No. 553

June 17, 1993

Held: The Supreme Court enjoined the said corporation fromissuing or causing the publication or dissemination of anyadvertisement in any form which is of the same or similartenor and purposes of the advertisements above.

These advertisements are contrary to Rule 2.03 AND Rule3.01 of the Code of Personal Responsibility.

The prime incorporator, major stockholder and proprietor ofthe Legal Clinic, Inc. being a member of the Philippine Bar isreprimanded with stern warning not to repeat the samesimilar act.


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Atty. Ismael G. Khan Jr. vs. Atty. Rizalino T.

Simbillo

A.C. NO. 5299 & 157053, August 19, 2003

Annulmentof Marriage Specialist.

These advertisements appeared in the July 5, 2000 issue of

the Philippine Daily Inquirer, and further researchshowed that similar advertisements were published in theManila Bulletin in August 2 and 6, 2000 and in thePhilippine Star in August 5, 2000.


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Held:

xxxxx Nonetheless, the solicitation of legal

business is not altogether proscribed. However,for solicitation to be proper, it must be compatiblewith the dignity of the legal profession. If it ismade 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 namesof the lawyers, the office and residence addressand fields of practice, as well as advertisement in

legal periodicals bearing the same brief data, arepermissible. Even the use of calling cards is nowacceptable. xxxx


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Solicitation of Legal Business, when

permissible?

For solicitation to be proper, it must be compatible withthe dignity of the legal profession. If made in a mildestand decorous manner, it would bring no injury to thelawyer or to the bar (Wasrvelle, Legal ethics, p. 55).

Thus, the use of simple signs stating the name ornames of the lawyers, professional cards bearing thename of the lawyer or lawyers, the office and residence

address and special lines in law, advertisements in legalperiodicals bearing the same brief data are permissible.Even the use of calling cards with a formal picture(FACE) of the lawyer is now acceptable.


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When is advertisements in

newspaper permissible?

1) Modest announcements in newspapers, periodicals ormagazines about the opening of a law office or law firmstating 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).


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Rule 2.04 A Lawyer shall not

charge rates lower than those

customarily prescribed unless thecircumstances so warrant.

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


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CANON 3: A LAWYER IN MAKING KNOWN HIS

LEGAL SERVICES SHALL USE ONLY TRUE,

HONEST, FAIR, DIGNIFIED, AND OBJECTIVEINFORMATION OR STATEMENT OF FACTS


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Rationale: The practice of law is not a tradelike the sale of commodities to the general

public where the usual exaggerations intrade, when the proper party had theopportunity to know the facts, are not inthemselves fraudulent.


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As a general rule, it is unethical to advertiselawyers legal services except when such isbased on TRUE, HONEST, FAIR, DIGNIFIED andOBJECTIVE INFORMATION and on pure

statement of facts.

Even if the information is true, the manner of

making it known to the public must not beundignified and demeaning to the legalprofession.


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RULE 3.01: A lawyer shall not use or

permit the use of any false, fraudulent,

misleading, deceptive, undignified, self-laudatory or unfair statement or claim

regarding his qualifications of legal

services.


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Salient Points:

Any claim or statement of a lawyer about hisqualifications or quality of legal services must

not be DECEPTIVE, UNDIGNIFIED, SELF-LAUDATORY or UNFAIR.

A Lawyer should not pretend to a prospectiveclient to get the latterstrust and confidence.


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EXAMPLES:

(1) Pretending to be a seasoned lawyer and an expert ina particular law or laws when in truth he is not and hadnot even prosecuted or defended a case in his lifetime.

(2) That he had not lost a case in his practice when intruth, he had not won a single case yet because of hisincompetence 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 isnot, just to attract potential clients.


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ACTUAL CASE:

(1) A lawyer who uses as his office address theoffice of his wife who is a judge was found guilty

of using fraudulent, misleading and deceptiveaddress that had no purpose other than to try toimpress either the court in which his cases arelodged or his clients that he had close ties to a

member of the Judiciary. ( In re: Atty. RenerioG. Paas, 400 SCRA 543)


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ACTUAL CASE:

(2) The use of a BUSINESS CARD by a layer containingself- laudatory statements about his ability wascondemned by the Supreme Court. (In RE: Tagorda, 53Phil 37). In this case, the lawyer was suspended.

Asnotary public, he can execute for you a deed of sale for the

purchase of land as required by the cadastral office; can renewlost documents of your animals; can make your application and

final requisites for your homestead; and can execute any kind ofaffidavit. As a lawyer, he can help you collect your loansalthough long overdue, as well as any complaint for or againstyou. Come or write to him in his town, Echague, Isabela. Heoffers free consultation, and is willing to help and serve the

poor


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ACTUAL CASE:

(3) Counsel promised them financial assistance, and

expeditious collection of their claims just to induce themto seek the lawyers assistance, he persistently calledthem and sent them text messages. Respondent alsomaintains a calling card to wit:


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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) 362-7821Grace 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)


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Decision:

Respondent Atty. Nicomedes Tolentino forviolating Rules 1.03, 2.03, 8.02 and 16.04 andCanon 3 of the Code of Professional Responsibilityand Section 27, Rule 138 of the Rules of Court is

hereby SUSPENDED from the practice of law for aperiod of one year effective immediately fromreceipt of this resolution. He is STERNLYWARNED that a repetition of the same or similar

acts in the future shall be dealt with moreseverely. ( Linsangan vs Tolentino. AC No. 6672)


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RULE 3.02: In the choice of firm name, nofalse, 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.


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SALIENT POINT:

A group of lawyers who desires to establish apartnership for general practice of law may

adopt a firm name. However, no FALSE NAME orMISLEADING or ASSUMED name shall be used inthe firm name adopted. NO NAME NOTBELONGING to any of the partners or associates

may be used in the firm name for any purpose.


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In case the partner dies, the name of the

deceased may still be use for as long as the firmin all its communications indicated that thepartner is already dead. (The use of a crossafter the name of the deceased partner is agood indication).

PURPOSE: to maintain the clients who have

been provided legal services by the law firm.


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Actual cases:

(1) The use of Dionisio D. Ramos instead of Pedro D.Ramos was found by the Supreme Court a form ofdeception and an act of demonstrating lack ofcandor in dealing with the courts; (Pangan vs

Ramos, 93 SCRA 87).

(2) The use by the respondents of the FIRM NAE Bakerand Mckenzie constitutes unethical practice because

the firm is not authorized to practice in thePhilippines. (Dacanay vs Baker & Mckenzie, 136 SCRA349).


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Rule 3.03 Where a partner accepts public

office, he shall withdraw from the firm and his

name shall be dropped from the firm nameunless the law allows him to practice law

concurrently.

RATIONALE for the RULE: To prevent the law firm orpartners from making use of the name of the publicofficial toattract legal business and to avoidsuspicion of undue influence (Report of IBPCommittee, p. 16)


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Exception to the Rule:

If the law allows him to practice law concurrently whileholding the position such as a Sangguniang memberwho is allowed to practice law subject to certainrestrictions:

Section 90.Practice of Profession.-

(b) Sanggunian members may practice theirprofessions, engage in any occupation, or teach in

schools except during session hours: Provided, Thatsanggunian members who are also members of the Barshall not:


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Sec. 90 (b)

(1) Appear as counsel before any court in any civil case wherein a localgovernment unit or any office, agency, or instrumentality of thegovernment is the adverse party;

(2) Appear as counsel in any criminal case wherein an officer oremployee of the national or local government is accused of an offensecommitted 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 personnel of the government except when thesanggunian member concerned is defending the interest of thegovernment.


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Rule 3.04 A lawyer shall not pay orgive anything of value torepresentatives of the mass media in

anticipation of, or in return for,publicity to attract legal business.


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Rule 3.04

SALIENT POINT:

The Rule mandates that a lawyer shall not pay or giveanything of value to representatives of the mass mediain anticipation of, or in return for, publicity to attract

legal business.

RATIONALE for the RULE:A lawyer who seekspublicity to attract legal business is debasing the legal

profession, especially so, if he pays something of valuefor it.


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Rationale of the Rule:

To prevent some lawyers from gaining an unfairadvantage over others through the use of gimmickry,press agentry or other artificial means.

The rule also prohibits a lawyer from making indirectpublicity gimmick such as furnishing or inspiringnewspaper comments, procuring his photograph to bepublished in connection with cases which he is handling,

making a court room scene to attract the attention ofnewspapermen, or arranging for the purpose aninterview with him by media people. Any of these isreprehensible.


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EXCEPTION to the RULE:

Media publicity merely incidental for an efficientlegal service rendered by the lawyer, the same

is notimproper. Hence, what is prohibited is fora lawyer to resort to adroit propaganda tosecure media publicity for the purpose ofattracting legal business.


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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 thesides by the moneyed and unscrupulous ones.

(2) may lead to assertion of fraudulent claims, corruptionof public officials


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Competitive advertising not allowed

(3) it will encourage lawyers to engage in overreaching,overcharging, underrepresentation andmisrepresentation.

(4) lead to the creation of false status and reputation oflawyers which in the end will mislead the public andclients to their detriment in reposting trust and

confidence on lawyers who may not be competent andtrustworthy at all.


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Best advertisement for a lawyer

is a well-deserved reputation forcompetence, honesty and fidelity to

private trust and public duty. Of these,honesty reigns paramount. A lawyer mustnot only be honest but must appear to be

honest. By his honesty, he gains publicconfidence and this public confidence ishis greatest advertisement.


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THANK YOU

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14 Solicitation