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Ulep v Legal Clinic

Ulep v Legal Clinic

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Published by Jeje Medidas

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Published by: Jeje Medidas on Sep 28, 2012
Copyright:Attribution Non-commercial


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FACTS:Ulep prays the Supreme Court to order the Legal Clinic to cease, issuing advertisementsimilar to or of the sametenor as that of annexes A and B (p381). Legal Clinic admits the facts of publication of saidadvertisement thatclaims that it is not engage in the practice of law but in the rendering of legal supportservices through paralegalswith the use of modern computers and electronic machine.ISSUE:W/N the services offered by Legal Clinic as advertised by it constitutes practice of lawWhether the same can properly be the subject of the advertisement complained ofHELD:According to the IBP, notwithstanding the manner by which respondent endeavored todistinguish the 2 terms,legal support services and legal services, common sense would readily dictate that the sameare essentiallywithout substantial distinction. The use of the name the Legal Clinic gives the impressionthat the respondentcorporation is being managed by lawyers and that it renders legal services. The advertisementin question ismeant to induce the performance of acts contrary to law, morals, public order and publicpolicy. This is inviolation of Canon 1 Rule 1.02 that is counseling illegal activities.Practice of law means any activity, in or out of court which requires that application oflaw, legal procedures,knowledge, training and experience. Applying the case Cayetano vs. Monsod, the court agreesthat the activitiesof the respondent Legal Clinic constitute the practice of law. Such a conclusion will not bealtered by the fact thatrespondent does not represent clients in court since law practice is not limited merely tocourt appearances.Regarding the issue on the validity of the questioned advertisements, the Code ofProfession Responsibilityprovides that a lawyer, in making known his legal services shall use only true, honest, fair,and objectiveinformation or statement of facts. The proscription against advertising of legal servicesrests on the fundamentalpostulate that the practice of law is a profession.Exceptions:
Publication in reputable law lists, in a manner consistent with the standards of conductimposed by thecanon
Ordinary, simple professional card. The card may contain only the statement of his name,the law firm,address and branch of law practiced.

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