Khan v Simbillo

Facts:

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

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 advertisingand solicitation of his legal
services in violation of the Code of Professional Responsibilityiv.

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

Public interest is not served by the absolute prohibitionb.

It’s 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, writingit in a resolution
Issues
:
W/N resp’s 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 actsdesigned to solicit legal business and that he is
not permitted to use self-laudatory orunfair 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. It’s 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. Elementsthat distinguish it from business:

a.

A duty of public service, of which the emolument is a by-product, and in which onemay 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, andunwillingness to resort to current business
methods of advertising andencroachment 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 modestand decorous manner, it would bring no
injury to the lawyer and to the bar