I.

Using deceptive qualifications or legal services

Here are some cases which pertains to a deceptive act of a lawyer in order to solicit legal
services as lifted from the books of Dean Ernesto Pineda and Dean Rufus Rodriguez. Some of the
synopsis of the cases are also adopted for clearer understanding of the application of soliciting
business in the legal profession.

CASE ONE

Synopsis: Respondent, in deceiving the complainant by assuring her that he could give her visa
and travel documents and that despite spurious documents nothing untoward would happen, is
guilty of violating Canon 1 of the Code of Professional Responsibility

SEBASTIAN vs. CALIS

314 SCRA 1

FACTS: Complainant alleged she was referred to the respondend Atty. Calis who promised to
process all necessary documents required for complainant’s trip to the USA for a fee of P150,000.

Upon arrival at the Singapore International Airport, complainant was apprehended by the
Singapore Airport Official for carrying spurious travel documents. Complainant contacted the
respondent. From September 6 to 9, 1994, complainant was detained at Singapore.

The complainant was deported to the Philippines and respondent fetched her from the
airport and brought her to his residence. Complainant then demanded for the return of her money.

HELD: Respondent is guilty of gross misconduct by engaging in unlawful, dishonest, immoral or

deceitful conduct contrary to Canon1, of the Code of Professional Responsibility. Respondent
deceived the complainant by assuring her that he could give her visa and travel documents; that
despite spurious documents nothing untoward would happen. All for material gain. 1

The above cited case is a clear indication that in order to solicit legal services, the lawyer here
apparently misled the respondent into believing that he could bring her out of the country without
processing the valid documents.

1
R. Rodriguez, The Fundamentals of Legal and Judicial Ethics, ed. p. 46 (2004)