8/11/2019 Khan v Simbillo Case Digest

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1.

Khan v Simbillo

Facts:

i. Resp Atty. Rizalino Simbillo advertised in the PDI and MB his legal services for annulment

cases

ii.

Upon investigation by the Pub Info Office, it was confirmed that Simbillo is offering hisservices to interested clients.

iii. Ismael Khan, chief of the PIO, filed an administrative charge vs resp for improper advertising

and solicitation of his legal services in violation of the Code of Professional Responsibility

iv. Resp argues that advertising or solicitation is not per se a prohibited act:

a.

Public interest is not served by the absolute prohibition

b. Its time for the Court to promulgate a ruling that such advertisement is not contrary to

law, public policy and public order.

v.

The IBP found the resp guilty and suspended him from the practice of law for 1 year, writing

it in a resolutionIssues:

W/N resps act was a violation of the Code of Professional Responsibility

Ruling:

Yes.

i. Rules 2.03 and 3.01 of the Code states that a lawyer is prohibited from performing acts

designed to solicit legal business and that he is not permitted to use self-laudatory or

unfair statement or claim regarding his qualifications or legal services.

ii. Practice of Law is not a business. It is a profession with public interest as the primary

duty. Its not a money-making venture and law advocacy is not a capital that necessarilyyields profits. The duty is to public service and the administration of justice. Elements

that distinguish it from business:

a. A duty of public service, of which the emolument is a by-product, and in which one

may attain the highest eminence without making much money;

b. A relation as an officer of the court to the administration of justice involving

thorough sincerity, integrity and reliability;

c.

A relation to clients in the highest degree of fiduciary;

d. A relation to colleagues at the bar characterized by candor, fairness, and

unwillingness to resort to current business methods of advertising and

encroachment on their practice, or dealing directly with their clients.

- 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