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A lawyer shall not use

false or misleading firm


name

Rule 3.02. In the choice of a firm


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

Case: Dacanay v. Baker and


McKenzie

Facts:
In November 1979, Atty. Vicente Torres sent a letter to one
Rosie Clurman, represented by Atty. Adriano Dacanay, asking
Clurman to release some shares to Torres client.
The letterhead contained the name Baker & McKenzie.
Dacanay denied Clurmans liability and at the same time he
asked why is Torres using the letterhead Baker & McKenzie,
a foreign partnership established in Chicago, Illinois.
No reply was received so Dacanay filed an administrative
complaint enjoining Torres from using Baker & McKenzie.
Later, Torres said that he is an associate of the law firm
Guerrero & Torres; that their law firm is a member of Baker &
McKenzie; that the 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 render legal
services of the highest quality to multinational
business enterprises and others engaged in foreign
trade and investment.

ISSUE:
Whether or not the use of a foreign law office name is
allowed.

RULING:
No. Baker & McKenzie, being an alien law firm,
cannot practice law in the Philippines. Such use of
foreign law firm name is unethical therefore Torres
and his law firm are enjoined from using Baker &
McKenzie in their practice of law.

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