Special Problems in Legal Ethics( aka Problem Ares in Legal Ethics)

Page | 1

Lawyer's Oath

I, do solemnly swear that I will maintain allegiance to the Republic

of the Philippines, I will support the Constitution and obey the laws
as well as the legal orders of the duly constituted authorities therein;
I will do no falsehood, nor consent to the doing of any in court; I
 will not wittingly
wittingly or willingly
willingly promote or sue any
groundless, false or unlawful suit, or give aid nor consent
to the same; I will delay no man for money or malice, and
 will conduct myself
myself as a lawyer according to the
the best of my
knowledge and discretion, with all good fidelity as well to the courts
as to my clients; and I impose upon myself these voluntary
obligations without any mental reservation or purpose of evasion.
So help me God.1 

1
 Form 28- Attorney’s Oath, Rules of Court, Rex Publishing Company, 2008 ed. p. 585  
 

Special Problems in Legal Ethics( aka Problem Ares in Legal Ethics)

INTRODUCTION

Lawyering is not a trade or business. It is a noble profession whose duty

includes upholding the Constitution and obeying the laws of the land. However,
it is of no secret that like other professions, it is also a means of livelihood to
many members of the bar. It is this so-called conflict between duty and Page | 2
occupation that brings an endless balancing of interests of an honourable
lawyer and a clever entrepreneur.

This paper would like to explain what rules lawyers adhere to in order to
 be truthful and ethical in their practice without sacrificing the livelihood aspect
of their profession.

Included in this paper are the common issues that affects solicitation of
legal services. Sample bar examination questions and as well as some cases
pertaining to this unethical act.

Solicitation is defined as a petition for request, enticement or allurement

allur ement .
 While Legal services refers to an act of giving helpful activity regarding legal
matters.2 

 When one solicits, it means that a person do some acts which would
w ould tend
to attract somebody to what that person would like to have . Applying this
concept to legal services, the idea of soliciting would pertain to the means that a
lawyer do in order to gain profit by attracting the
the legal need of a potentia
potentiall client.
Of course,
legal what
services. is being
Part of thistalked
paperabout here is to
therefore, thealso
unethical
explainaspect of soliciting
the ethical way of
soliciting legal services.

 Also at the end of this paper is the answer to the question: what would be
the consequence of practicing an unethical act of soliciting legal services. This
 would pertain to the penalty that a lawyer could face if ever he do acts in the
nature of unethical solicitation which are violative of their lawyer‟s oath of
upholding the Constitution and obeying the laws of the land.

BRIEF HISTORY OF LEGAL ETHICS

It is of no secret that our code of ethics in the legal profession came from
foreign laws. Notably it was based on the American Bar Association‟s Canons of
Professional Ethics in 1908. This was adopted in the Philippines in 1917.
Eventually the Philippines created its own code of professional ethics to lawyers
 which was named as the Code of Professional Responsibility promulgated on
June 21, 1988.3 This is what is commonly known
k nown today as the CPR.

CHARACTERISTICS WHICH DISTINGUISHES THE LEGAL PROFESSION

FROM BUSINESS

How does then the legal profession differs from business?

Here are the characterisctics which distinguishes the legal profession

from business.

In the legal profession, one should always consider the presence of the
following with respect to the legal profession:

2
 Dictionary.reference.com/browse/service
3 E. Pineda, Legal Ethics, Pg. 2-3
 

Special Problems in Legal Ethics( aka Problem Ares in Legal Ethics)

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

 which one may sustain the highest eminence without making much
money;

2.   A relation as an “officer of the court” to the administration of justice

involving thoroughsincerity, integrity, and reliability;

3.    A r elat
el at i on to cl ie n ts in th e hi gh est
es t d egr
eg r ee of f idu
id u ci ar y; Page | 3

4.   A r elat
el at io n to co l l e ague
ag ue s at th e ba r c ha
harr ac
actt er ize
iz e d by c an
ando
do r ,
fairness, and unwillingness toresort to current business methods of
advertising and encroachment on their practice or dealing directly with
their clients.4 

SOURCES OF PHILIPPINE LEGAL ETHICS

 Another factor in determining the relationship of the legal profession to

that of a business are the laws that governs legal ethics. Among the list below
are the bases of legal ethics in the Philippines which may be a used as a support
for researching cases about solicitation for legal services:

1.  Rules of Court

2.  Code of Professional Responsibility

3.  Supreme Court Decisions

4.  Statutes (ex. Civil Code, Art. 1491 [5])

5.  Constitution (Art. 8, Sec.5 [5])5

The primary basis for the creation of the code of legal ethics for lawyers in
the Philippines is Art. 8, Sec. 5[5] of the 1987 Constitution which provides that:
“The Supreme Court shall have the following powers: x x x
Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts,
the admission to the practice of law, the Integrated Bar, and legal
assistance to the underp
underprivileged.
rivileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of
cases, shall be uniform for all courts of the same grade, and shall not
diminish, increase,
of special or modify
courts and substantive
quasi-judicial rights.
bodies shallRules of effective
remain procedure
unless disapproved by the Supreme Court.”  

This power to promulgate rules concerning the practice of law is now

embodied under the current 1997 Rules of Court. At the beginning of the said
Rules of Court are these words:
“Pursuant to the provisions of section 5 (5) of Article VIII of
the Constitution, the Supreme Court hereby adopts and promulgates
the following rules concerning the protection and enforcement of
constitutional rights, pleading, practice and procedure in all courts,
the admission to the practice of law, the Integrated Bar, and legal
assistance to the underprivileged.” 

4 LEGAL & JUDICIAL ETHICS REVIEWER BY: RENE CALLANTA , p. 14 

5
 E. Pineda, Legal Eth
Ethics.
ics. p.2 
 

Special Problems in Legal Ethics( aka Problem Ares in Legal Ethics)

 Also in addition to this, as mentioned earlier, the ethical rules being

followed by lawyers today is based on the Code of Professional Responsibility
 which was promulgated by the Supreme
Supreme Court on June 21, 1988.

DISCUSSION Page | 4

 APPLICABLE LAWS
In the discussion for solicitation for legal services, it is important to note the
specific rules under the Code of Professional Responsibility which applies to
this topic. These rules are based on the lawyer‟s oath cited in the first page of
this paper. To be reminded, the following quotation from the lawyer‟s oath shall
serve to aid the reader‟s memory with regard to solicitation for legal services.
The lawyer‟s oath says: 

“ x x x   I will not wittingly or willingly promote or sue any

groundless, false or unlawful suit, or give aid nor consent to the
same; I will dela y no man for money or malice x x x” 

 At the outset, the following are the applicable

applicable rules under the Rules of Court

  Rule 138- ATTORNEYS AND ADMISSION TO THE BAR

Sec. 20 Duties of attorney. - It is the duty of an attorney: (g) Not to

encourage either the commencement or the continuance of an action or
proceeding or delay any man‟s cause, from any corrupt motive or interest;
xxx

Sec. 24 Compensation of attorneys; agreement as to fees- An attorney

shall be entitled to have and recover from his client no more than a
reasonable compensation for his services, with a view to the importance
of the subject matter of the controversy, the extent of the services
rendered, and the professional standing of the attorney. No court shall
 be bound by the opinion of attorneys as expert witnesses as to the proper
compensation, but may disregard such testimony and base its conclusion
on its own professional knowledge. A written contract for services shall
control the amount to be paid therefor unless found by the court to be
unconscionable or unreasonable.

Sec. 27 Disbarment or suspension of attorneys by Supreme Court;

grounds therefor. – A member of the bar may be disbarred or suspended
from his office as attorney by the Supreme Court for any deceit ,
malpractice xxx. The practice of soliciting cases at law for the purpose of
gain, either personally or through paid agents or brokers, constitutes
malpractice.

  Rule 141- LEGAL FEES

Sec. 12. Notaries

Under the rules of the Code of Professional Respo

Responsibility,
nsibility, the following aare
re
listed:
 

Special Problems in Legal Ethics( aka Problem Ares in Legal Ethics)

CANON 1- A lawyer shall uphold the constitution, obey the laws of the land and
promote respect
respect for law and legal processes.

  Rule 1.01- A lawyer shall not engage in unlawful, dishonest, immoral or

deceitful conduct.
  Rule 1.03.A lawyer shall not, for any corrupt motive or interest, encourage
any suit or proceeding or delay in a man‟s cause. 
Page | 5

CANON 2- A lawyer shall make his legal services available in an efficient an

convenient manner compatible with the independence, integrity and
effectiveness of the profession.
  Rule 2.03.A lawyer shall not do or permit to be done any act
desi
de sign
gned
edprim
primarily
arily to solic
solicit
it legal busin
business
ess..

  Rule 2.04.A lawyer shall not charge rates lower than those customarily
prescribed, unless the circumstances so warrant.

CANON 3- A lawyer in making known his legal services shall use only true, honest, air,
dignified and objective information or statement of facts.

  Rule 3.01- A lawyer shall not use or permit the use of any false,
fraudulent, misleading, deceptive, undignified, self-laudatory or unfair
statement or claim regarding his qualifications or legal services.

  Rule 3.04- A lawyer shall not pay or give anything of value to representatives of the
mass media in anticipation of, or in return for, publicity to attract legal business.

CANON 9- A lawyer shall not, directly or indirectly, assist in the unauthorized

practice of law.

  Rule 9.02- A lawyer shall not divide or stipulate to divide a fee for legal
services with persons not licensed to practice law,
l aw, except:

a.   Where there is a pre-existing agreement with a partner or associate that,

upon the latter‟s death, money shall be paid over a reasonable period of
time to his estate or to the persons specified in the agreement; or

 b.   Where a lawyer undertakes to complete unfinished legal business of a

deceased lawyer; or

c.   Where a lawyer or law firm includes non-lawyer employees in a

retirement plan, even if the plan is based in whole or in part, on a profit
sharing arrangement.

EXPLANATION AND EXAMPLE OF CASES

 As analyzed by the authors of this paper and based on the above-cited
canons and rules, the ethical standards that lawyers should be cautious to when
it comes to solicitation of legal services may be categorized into four:

1.  Using deceptive qualifications or legal services

2.  Soliciting by means of assistance of others
3.   Advertising legal services
4.  Charging lower legal rates
5.  Misrepresenting as to a lawyer‟s connection with a law firm  
6.  Using the media to attract legal services
 

Special Problems in Legal Ethics( aka Problem Ares in Legal Ethics)

Each of these category would be discussed below together with the relevant
cases.

I. Using deceptive qualifications or legal services

s ervices

Here are some cases which pertains to a deceptive act of a lawyer Page | 6
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
Canon 1 of the Code of Professiona
Professionall Responsibility

SEBASTIAN vs. CALIS

314 SCRA 1

FACTS: Complainant alleged she was referred to the respondend Atty.

Calis who promised
complainant‟s to process
trip to the USA for aallfeenecessary documents required for
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
assuringspurious
despite her thatdocuments
he could give her untoward
nothing visa and travel
woulddocuments;
happen. Allthat
for
material gain.  
6

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.

CASE TWO

IN RE: TAGORDA
53 Phil 37

Facts/Held: Atty. Tagorda distributed cards where he advertised that:

6
 R. Rodriguez, The Fundamentals
Fundamentals of Legal and Judicial Ethics, ed. p. 46 (2004)
 

Special Problems in Legal Ethics( aka Problem Ares in Legal Ethics)

“As a notary public, he can execute for you a deed of sale for the
purchase of land as required by the cadastral office, can renew lost
documents of young animals, can make your application and final
requisites for your homestead,
homestead, and execute any kind of affidavit. A
Ass a
lawyer, he can help you collect your loans, altogether long overdue, as
 well as any complaints for or against you. He offers free consultation
and is willing to help the poor.” 
Page | 7
He was suspended7 

II. Soliciting by means of assistance of others.

CASE ONE

 Synopsis: For engaging in the practice of soliciting cases and for the purpose
of gain through paid agents or brokers, respondent attorney is repriman
reprimanded.
ded.

TAN TEK BENG vs. DAVID

126 SCRA 389

FACTS: The issue in this ccase ase is whe

whether
ther the disciplinary actio
action
n should be
taken against the lawyer David for not giving Tan Tek Beng, a non – lawyer, one
–  half of the attorney‟s fees
fees received by David from the clients supplied by Tan
Tek Beng. There agreement reads:

“Dear Mr. Tan: 

In compliance with your request, I am now putting into writing

our agreement xxx:

“1. On all commissions or attorney‟s fees that we shall receive

from our clients by virtue of the collection that we shall be able to effect
on their accounts, we shall divide fifty-fifty. x x x
2. I shall not deal directly with out clients without
w ithout your consent.

 Very truly yours,

TIMOTEO A. DAVID” 

HELD: We hold that the said agreement is void because it was tantamount to
malpractice which is the practice of soliciting cases at law for the purpose of
gain, either personally or through paid agents or brokers.”(Sec. 27, Rule 138,
Rules of Court)8

It is clear in this case that the use of agents in soliciting legal services is
prohibited by law and therefore unethical. This is no different from the notary
publics that most people see under train stations or those who are practicing
dubious notary in Recto Avenue in Manila. It must be noted that in order for a
notary public to notarize, there is a need for the notarial book of a lawyer where
he puts entries there and that the affiant should persona
personally
lly appear before him.
Unfortunately, this is not strictly followed in actual practice. There are a lot of
lawyers who do this kind of modus operandi in order to gain gain money. Of course,
this is unethical because the practice of law is not a business.

This is further elucidated in Rule 9.02 of the Code of Professional

Responsibility which provides that:

7
 Same, p. 86
8
 Same, p. 66
 

Special Problems in Legal Ethics( aka Problem Ares in Legal Ethics)

Rule 9.02- A lawyer shall not divide or stipulate to divide a fee for legal services
 with persons not licensed to practice law, except:

a.   Where there is a pre-existing agreement with a partner or associate that,

upon the latter‟s death, money shall be paid over a reaso nable period of
time to his estate or to the persons specified in the agreement; or

 b.   Where a lawyer undertakes to complete unfinished legal business of a Page | 8

deceased lawyer; or

c.   Where a lawyer or law firm includes non-lawyer employees in a

retirement plan, even if the plan is based in whole or in part, on a profit
sharing arrangement.

III. Advertising legal services

 Another issue in soliciting legal services are the misleading

advertisements by some lawyers in order to solicit legal services. Such actions
 brings dishonor to the nobility of the legal profession.

CASE ONE

 Synopsis: For advertising his services in connection with his candidacy as

 provincial board member
member of the province of Isabela, and in requesting that his
services be disseminated in all meetings and social gatherings, respondent
attorney is suspended for one month.

IN RE: LUIS B. TAGORDA

53 Phil 37

FACTS: The respondent lawyer, Atty. Tagorda , a member of the provincial

 board of Isabela, admits that in the last
l ast general elections he mad
madee use of a card
 written in Spanish and Ilocano, which, in translation, reads as follows:
“LUIS B. TAGORDA”Attorney; Notary Public; CANDIDATE FOR
THIRD MEMBER, Province of Isabela. (NOTE.-As notary public, he can
execute for your a deed of sale for the purchase of land as required by
the cadastral office; can renew lost documents of your animals; can
make new lost documents of your animals; x x x)

HELD: x x x Solicitation of business by circulars or advertisements, or by

personal communications or interviews not warranted by personal relations, is
unprofessional, and the commission of offenses of this character amply justifies
permanent elimination from the bar. x x x 9

CASE TWO

THE DIRECTOR OF RELIGIOUS AFFAIRS vs. BAYOT

74 Phil 579

FACTS: The respondet Atty. Bayot is charged with malpractice for having
published an advertisement in the Sunday Tribune of June 13, 1943, which
reads follows:

“Marriage
annoyance license
of delay promptly avoided
or publicity secured if
thru our assistance
desired, & the
and marriage
9
 Same, p. 69
 

Special Problems in Legal Ethics( aka Problem Ares in Legal Ethics)

arranged to wishes of parties. Consultati

Consultation
on any ma
matter
tter free for the
poor. Everything confidential. xxx” 

HELD: It is undeniable that the advertisement in question was a flagrant

 violation by the respondent of the ethics of his profession, it being a brazen
solicitation of business from the public. xxx. It is highly unethical for an
attorney
Page | 9

CASE THREE

ULEP VS.THE LEGAL CLINIC

223 SCRA 378

FACTS: Petitioner prays this Court to order the respondent to cease and desist
from issuing the following advertisements:

“SECRET MARRIAGE? 
P560.00 for a valid marriage.
Info on DIVORCE, ABSENCE, ANNULMENT.
 VISA.
THE LEGAL CLINIC, INC.
x x x” 

HELD: The Supreme Court enjoined the said corporation from issuing or
causing the publication or dissemination of any advertisement in any form
 which is of the same or similar tenor and purpose of as above.

These advertisements are contrary to Rule 2.03 and Rule 3.01 of the
Code of Professional Responsibility.

The prime incorporator, major stockholder and proprietor of the Legal

Clinic, Inc. being a member of the Philippine Bar is reprimanded with a stern
 warning not to repeat the same or similar act.10 

It can be gleaned from the above cases that false advertisements to solicit
legal services are probably the most common of the unethical solicitation of
legal services. At this point, the authors of this paper would like to call the
reader‟s mentioning
 Without attention regarding
any names theofwebsites of big the
the law firms, lawauthors
firms in thefound
have country.
out
that whenever one would go to the websites of these law firms, their expertise
are displayed in their websites. Are these not tantamount to solicitation of legal
services also? The authors believe that they are because there seems to be a
hidden intent on the part of these law firms to solicit business by stating what
their expertise are. For example, in a law firm in Makati, their website would
provide that they are entertaining tax cases, mining cases and intellectual
property cases. If this is continued, what would then happen to the small law
firms? It is believed and as will be discussed later that the best advertisement of
a law firm would be by word of mouth. This would be discussed later.

IV . Charging lower legal rates

10
 E. Pineda. Legal Ethics. 2009 ed., p.80
 

Special Problems in Legal Ethics( aka Problem Ares in Legal Ethics)

 As there seems to be a rarity of actual cases decided by the Supreme

Court regarding this matter, the discussion on this topic would pertain to Rule
2.04 of the Code of Professional Responsibility which provides that:

Rule 2.04- A lawyer shall not charge rates lower than those customarily
prescribed unless the circumstances so warrant.

The idea of prohibiting lawyers in charging lower rates is to discouraged Page | 10

the marketing of legal services at a lower rate in order to attract more services
and thereby gain more profit. Again, this is another act of treating the duty of a
lawyer as a business.
To regulate the proper fees to a lawyer, Rule 138, Sec. 24 provides for a
standard by which a lawyer should charge his client. The rule
rul e provides:

“Sec. 24 Compensation of attorneys; agreement as to fees- An attorney

shall be entitled to have and recover from his client no more than a
reasonable compensation for his services, with a view to the
importance of the subject matter of the controversy, the extent of the
services rendered, and the professional standing of the attorney. No
court shall be bound by the opinion of attorneys as expert witnesses as
to the proper compensation, but may disregard such testimony and
 base its conclusion on its own professional knowledge. A written
contract for services shall control the amount to be paid therefor unless
found by the court to be unconscionable or unreasonable.”

Corollary to this are the fees charged by a notary public as cited under
Rule 141, Sec. 12 of the Rules of Court. This could be a proper subject of
amendment because of its seemingly low rates but, nevertheless, the Rule
provides for the standard to follow in charging notarial fees. The Rule provides:

“Sec. 12. Notaries.- No notary public shall charge or receive for any
service rendered by him any fee, remuneration or compensation in
excess of those expressly prescribed in the following schedule:

a.  For protests of drafts, bills of exchange, or promissory notes for

non-acceptance or non-payment, and for notice thereof, ONE
HUNDRED (P100) PESOS;
 b.  For the registration of such protest and filing or safekeeping of
the same, ONE HUNDRED (P100);
c.  For authenticating powers of attorney, ONE HUNDRED PESOS;
d.  For sworn statement concerning correctness of any account or
other document, ONE HUNDRED PESOS;
 
e.  For each
f. oath evidence
receiving or affirmation,
aff irmation, ONE HUNDRED
of indebtedness PESOS;
to be sent outside , ONE
HUNDRED PESOS;
g.  For issuing a certifiedcopy of all or part of his notarial register
or notarial records, for each page, ONE HUNDRED PESOS;
h.  For taking depositions, for each page, ONE HUNDRED PESOS; and
i.  For acknowledging other documents not enumerated in this
section, ONE HUNDRED PESOS.” 

In practice, the notarial fees mentioned above seems to be lower than

most lawyers are asking from their clients. It would be proper if this policy
 would be reviewed so as not to burden those who have less in life.

 V . Misrepresenti
 Misrepresenting
ng as to a lawyer’s conn
connection
ection with a law fi
firm
rm  

There is a need to include in the discussion of unethical solicitation of legal services

the
legalpractice
servicesof some lawyers
commit who in order toas
misrepresentations solicit moreconnection
to their clients and in
tomaking
a law known theirit
firm. Put
differently some lawyers manage to use the famous name of a deceased partner in a law firm
 

Special Problems in Legal Ethics( aka Problem Ares in Legal Ethics)

 without
 wit out iind
ndic
icaati
ting
ng ssuc
uch
h ssttatu
tuss. O
Oth
theers ma
manage
nage to use
use fo
fore
reiign law
law fi
firm
rmss in th
their pu
purs
rsui
uitt to
to
solicit legal business. Still other lawyers would also take advantage of their position in public
office to aid them in soliciting legal services. All these acts is not encouraged by our rules in
legal ethics.

The pertinent rules for this category of unethical practice of soliciting legal services
are the ffollowing:
ollowing:
Page | 11
CANON 3- A lawyer in making known his legal services shall use only true, honest,
air, dignified and objective information or statement of facts.


  Rule 3.01- A lawyer sshall
hall n
not
ot use or permi
permitt the use of any false,
fraudulent, misleading, deceptive, undignified, self-laudatory or unfair
statement or claim regarding his qualifications or legal services.
s ervices.

   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 deceased partner
is permissible provided that the firm indicates in all its communications
that said partner is deceased.

   Rule 3.03Where a partner accepts public office, he shall withdraw from

the firm and his name shall be dropped from the firm name unless the law
allows him to practice law concurrently.

Thus, if a group of lawyers would like to establish a law firm, they cannot
use a false name or include in their partnership name the name of a person who
is not a lawyer. It does not mean that if a person is well-known he could just be
included
 Also if a in their firm
partner died,name
therejust to falsely
should be anmisrepresent thatsuch
indication that theypartner
can be trusted.
died in
their firm name. This is usually done by placing some marks above the name of
the deceased partner such as a cross or an asterisk. If a Filipino lawyer is also
using the name of a foreign law firm, he is likewise prohibited by law to practice
under the name of such a firm. A good case for this one is the case of Dacanay
 vs. Baker & McKenzie.

CASE ONE

Dacanay vs. Baker & Mckenzie

136 SCRA 349

Respondent Vicente A. Torres, using the letterhead of Baker & McKenzie, which
contains the names of ten lawyers, asked Rosie Clurman for the release of 87
shares of Cathay Products International, Inc. To H.E., Gabriel, a client.

 Attorney Dacanay, in his reply denied any liabality of Clurman to Gabriel, he

requested that he be informed whether the lawyer of Gabriel is Baker &
McKenzie “and if not, what is the purpose in using the letterhead of another law
office, “Not having received any reply, he fil ed the instant complaint ( Sec. 1
Rule 138 Rules of Court)

Filipino lawyers cannot practice law under the name of a foreign law firm.

 Another act of unethical practice of soliciting legal services is the act of

some elected lawyers that when elected to public positions they allow their
name to be used in a law firm while they are still in office.

This act is
is prohibited under RA 7160, Section 90

publicName
office.ofIfpartner should
a partner in be dropped
a law firmfrom
has the firm name
accepted whenoffice,
a public he accepts
his
name shall be remo ved from the firm name name..
 

Special Problems in Legal Ethics( aka Problem Ares in Legal Ethics)

Exception : If the law allows him to practice law concurrently while

holding the position such asSanggunian members are subject to certain
restrictions.

 VI.. Using the media to attract legal services 

 VI
Page | 12
Sometimes, the more a lawyer is exposed to the media, the public is more inclined to
get the services of that lawyer. This is perhaps on the false notion that that lawyer can readily
help whatever legal predicament they are facing. They do not know, that each lawyer has
some expertise. No lawyer has an expert knowledge on every legal subject. That is the reason
 whyy a lawy
 wh lawyeer need
eeds to buiuild
ld a repu
eputati
tion
on throu
oughgh wo
word
rdss of mo
moututh
h about his lega
legall
competence to a particular topic. While it is true that exposure to the public would know the
legal expertise of a lawyer. This is not always the case. There is a bigger danger as to the giving
of legal advice of some lawyers when they are not really an expert in that field. All they could
give are general ideas which of course the ordinary person does not really understand
thoroughly. The act of giving legal advice in televisions should be regulated by the Supreme
Court as this could violate the ethical practice of soliciting legal services.

The pertinent canon for this rule would be:

CANON 3- A lawyer in making known his legal services shall use only true, honest,
air, dignified and objective information or statement of facts.

Rule 3.04- A lawyer shall not pay or give anything of value to representatives of the
mass media in anticipation of, or in return for, publicity to attract legal business.

This canon refers to all kinds of media. The fastest rising means of
advertising legal services at this point would be the internet. In the Philippines
though, since not all households get access to the internet, still the most
popular means of soliciting legal services through the media would still be the
radio and the television. However, the giving of a legal advice in good faith in
different should not be completely abhorred. \

COMMON TYPES OF SOLICITATION OF LEGAL SERVICES

Included in this discussion are the common types of solicitation of legal

services

 A.  BARRATRY
B.  It is the offense of frequently exciting and stirring up quarrels and suits,
either at law or otherwise. The person who engages in barratry is called a
 barretor or barrator.11 

C.  MAINTENANCE
It is the intermeddling of an uninterested party to encourage a lawsuit. It
is a taking in hand,a bearing up or upholding or quarrels or sides, to the
disturbance of the common right. 12 

D.  AMBULANCE CHASING
It is the lawyer‟s act of chasing an ambulance carrying the victim of an
accident for the purpose of talking to the said victim or relatives and
offering his legal services for the filing of a case against the person who
caused the accident.13 

11
 D. Funa, Legal and Judicial Ethics with Bar Examination Quesitons, p. 45
12
D. Funa, Legal and Judicial Ethics with Bar Examination Quesitons, p. 45
13
 E. Pineda, Legal Ethics, p. 64
 

Special Problems in Legal Ethics( aka Problem Ares in Legal Ethics)

The main purpose of prohibiting the above types of unethical practice of

soliciting legal services is not to stir up litigations. There are many cases already
that courts hear every day. Hundreds yet are to be decided by the Supreme
Court with finality. It would be a dishonor on the part of a lawyer to encourage
lawsuits just for him to gain money at the expense of our courts.

Furthermore, it would be encouraging evil to instigate a law suit against

a person if he is innocent. The suit would take his time, money and even affects Page | 13
his health. This is what is avoided by the rules in legal ethics.

TYPES OF ADVERTISING OR SOLICITATION NOT PROHIBITED

The best advertisement for a lawyer is a well-deserved reputation for

co
comp
mp et ence
en ce,, hones
honesty
ty and fi
fidelity
delity to private
private trust aand
nd publi
publicc duty.
In the
the ca
case
se of Ulep vs. Legal ClClinic
inic 223 SSCRA
CRA 378, it sstated
tated th
there
ere the
following allowable kind of advertisement of a lawyer:

1.PUBLICATION IN A LAW LIST-Publication of reputable law lists, in a

manner consistent with the standards of conduct imposed by the canons, or
 brief biographical and informative data.
data.

2.CALLING CARDS- The use of ordinary simple professional card. The card
contain only a statement of his name, the name of the law firm which he is
connected with, address, telephone no., and special branch of law practiced.
3.ANNOUNCEMENT IN OPENING A LAW FIRM- Publication or a public
announcement of the opening of a law firm or of changes in the partnership,
associates, firm name or office address, being for the convenience of the
profession.

BAR EXAMINATION QUESTIONS

1. Why is law a profession and not

n ot a trade? (2006 Bar)

Law is a profession and not a trade because its basic ideal is to render public
service
is only aand secure justice
secondary for those who seek its aid. The gaining of a livelihood
consideration

2. . Explain the axiom “The practice of law is noble profession, not a business.
(1975 Bar
Exam)
The practice of law is a noble profession and not a business because it treats of
the most important interests of man, namely: life, liberty and property. The
lawyer‟s first duty is t o maintain good administration of justice. In maintaining
the causes confided to him, he should delay no man for money or malice. He
should not reject for any personal reason the causes of the defenseless and the
oppressed. Pecuniary rewards are but a secondary importance. The profession
of law is more a mission than a business profession and therefore its object is
not material reward but promote the administration of justice; hence, where a
lawyer in the pursuit of his calling finds conformity with professional ethics
difficult, he should other vocation.
 

Special Problems in Legal Ethics( aka Problem Ares in Legal Ethics)

3. Immediately after a mine explosion, an attorney in behalf of the law from

 went at once to the scene of the disaster . In competition with other lawyers, he
personally solicited the disaster victims and their kins to put up their claim
through his lawn frim on the basis of a contingent fee. Is the cinduct of the
lawyer proper? Why? [1977 Bar exams]

The act of the lawyer constitutes champertous contract which is

unethical and improper Page | 14

4. May a lawyer advertise his profession? Explain? [1977 Bar exams]

 A lawyer may not advertise his profession. Standard of profession

condemn a lawyer who advertises his talents in a manner similar to a merchant
advertising his goods. Solicitation, in order to be proper should be compatible
 with the dignity of the legal profession. If made in modest and decorous
manner, it would bring no injury to the lawyer or to the bar.

The use of professional cards carrying the name of the lawyer, his title,
his office and his residence maybe proper. Announcements in periodicals or
magazines regarding the opening of a law office or the foundation of a law
partnership containing only names and addresses are proper.

5. A new lawyer has a political ambition to become a Governor of this province.

So he put up a big sign board at his law office with these inscriptions – Ätty. X,
practicing lawyer and notary public. Especializing in criminal law at nominal
fee. Prepares and notarize legal papers and conveyance free of charge. ” Has he
committed any infraction of professional Ethics? Explain. [1979 Bar exam]

 Yes, when he advertises himself as “specializing in criminal law” he

engages in self-laudation which is offensive to the dignity of the law profession;
and when he further announces that his fees in criminal cases are nominal and
his notarial services free he displaced a brand of solicitation which is highly
unprofessional. It also has the effect of destroying the honor of a noble
profession and lowering its standards.

6. “The „X‟ Chapter of the Integrated Bar of the Philippines render legal
assistance through its members, free of charge, to any person who is without
means to enforce or defend a right, Any such person may call at the Chapter
Office at (address) during office hours f or
or consultation.” 

a. If a notice as written above were to be posted in a conspicuous place

for the general public to see, would such posting constitute solicitation? defend
 your answer.

If the legal assistance to indigent litigants is announced in the name of

the chapter of the IBP, it is not improper solicitation. As a matter of fact, it is
the duty and obligation of the IBP chapter to set-up legal aid office.

 b. Suppose that in the above notice the reference to the IBP is deleted.
Instead, the name of a particular lawyer is what appears. Would it make a
difference to your previous answer? Explain. [1980 bar exams]

However, if the notice does not include the reference of the IBP chapter
and only the name of the particular lawyer appears, it might constitute as
unethical solicitation.

7. A Justice of the Supreme Court, while reading a newspaper one weekend, saw
the following advertisement:

 ANNULMENT OF MARRIAGE
Competent Lawyer
Reasonable Fee
Call 221 – 2221
 

Special Problems in Legal Ethics( aka Problem Ares in Legal Ethics)

Mondays to Fridays
8:00 a.m. to 5:00 pm

The following session day, the Justice called the attention of his
colleagues and the Bar Confidant was directed to verify the advertisement. It
turned out that the number belongs to Attorney X, who was then directed to
explain to the Court why he should not be disciplinary dealt with for the
improper advertisement. Page | 15

 Attorney X, in his answer, averred that (1) the advertisement was not
improper because his name was not mentioned in the ad; and (2) he could not
 be subjected to disciplinary action because there was no complaint
complaint against him.
Rule on Attorney X‟s contention. [2003 bar exams]
e xams] 

1. The advertisement is improper because it is a solicitation of legal business

and is tantamount to self-praise by claiming to be a competent lawyer. The fact
that his name is not mentioned does not make the advertisement proper. His
identity can easily be determined by calling the telephone number stated.

2. A complaint is not necessary to initiate a disciplinary action. Section 1, Rule

139-B of the Rules of Court, disciplinary action against a lawyer maybe initiated
 by the Supreme Court Motu Propio.

8. Determine whether the following advertisements by an attorney are ethical

or unethical. Write “Éthical” or “Unethical, as the case may be, opposite each
letter and explain.

 A. A calling card, 2”x 2”in size, bearing his name in bold print, office,
residence and e-mail addresses, telephone and facsiline numbers.

ETHICAL- a lawyer, in making known his legal services shall use only
true, honest, dignified, and objective information or statement of facts.

B. A business card, 3”x 4” in size, indicating the aaforementioned

forementioned data
 with his photo, 1”x 1 “ in size. 

UNETHICAL- the size of the card and the inclusion of the lawyer‟s photo
in it smacks of commercialism

C. A pictonal press release in a broadsheet newspaper made by the

attorney showing him being congratulated by the attorney showing him being
for winning a multi-million damage suit against the company in the Supreme
Court.
UNETHICAL- a lawyer should not resort to indirect advertisements,
such as procuring his photograph to be published in a newspaper in connection
 with the case he is handling. He should not pay or give something of value to
representatives of the mass media in anticipation of, or return of, publicity to
attract legal business.

D. The same press release made by his client in

i n a tabloid.

ETHICAL- the lawyer can no longer be held responsible for the action of
his client. However, it would be unethical if he knew about his client‟s intention
to publish and he did not stop it.

E. A small announcement in BALITA, a tabloid in Filipino, that the

attorney is giving free legal advice for September 2002. [2002 Bar exams]
e xams]

UNETHICAL- the announcement in a newspaper that he will give free

legal advice to indigents is a form of self-praise.
 

Special Problems in Legal Ethics( aka Problem Ares in Legal Ethics)

9. Facing disciplinary charges for advertising as a lawyer, Atty. A argues that

although the calling card of his businessman friend indicates his law office and
his legal specially, the law office is located‟s store. Decided. [ 2001 Bar]

This appears to be a circumvention of the prohibition on improper

advertising. There is no valid reason why the lawyer‟s businessman friend
should be handling out calling cards which contains the lawyer‟s law office and
legal specialty, even if his office is located in his friend‟s store. What makes it Page | 16
more objectionable is the statement of his supposed legal specialty.

10. A lawyer advertised in the newspaper the following.

“Can secure annulment of your marriage promptly. Expert in legal

separation cases. Consult anytime.” 

Is the advertisement proper?

NO. A lawyer in making known his legal services should not use any false
fraudulent, misleading, deceptive, undignified or self-laudatory statements
regarding his qualifications and legal services. The claim that he can secure
annulment of marriage promptly is false and misleading and his claim that he is
an expert in legal separation is self-laudatory. Advertisement constitutes
improper solicitation and violates the sanctity of the institution of marriage
 which the state should protect.

11. Atty. B, C and D recently inaugurated their law partnership. Among the
invited guests were clients, business executive and government officials
including
inaugural aaffair
few members
which theoflaw
thefirm
judiacy. Photographs
subsequently wereto taken
caused during the
be published in
major newspaper dailies. Was there anything ethically wrong in what the
partnership had done? [ 1997 Bar Exam]

The act of causing photographs of the inaugural affair published in major

newspaper dailies violates the following rules of the CPR

  Rule 2.03.A lawyer shall not do or permit to be done any act

desi
de sign
gned
edprim
primarily
arily to solic
solicit
it legal busin
business
ess..

  Rule 3.01- A lawyer shall not use or permit the use of any false,
fraudulent, misleading, deceptive, undignified, self-laudatory or unfair
statement or claim regarding his qualifications or legal services.

12. A businessman is looking for new retainer. He approached you and asked
for your schedule of fees or charges. He informed you of the professional fees he
is presently paying his retainer, which is actually lower than your rates. He said
that if your rates are lower, he would engage your services.

 Will you lower your rates in order to get the client? Explain. [2005 Bar exam]

NO, I would not.

  Rule 2.04. provides that A lawyer shall not charge rates lower than those
customarily prescribed, unless the circumstances so warrant.

This is aimed against the practice of cut-throat competition which is not in

keeping with the principle that the practice of law is a noble profession and
not a trade.
13. You are the managing partner of the law firm. A foreign airline compay,
recently granted rights by the Civil Aeronotics Board at NAIA, is scouting for a
law firm which could handle its cases in htr Philippines and provide legal
services to the company and its personnel. After discussing with you the extent
 

Special Problems in Legal Ethics( aka Problem Ares in Legal Ethics)

of the legal services

services your law firm is prepared to render, the gegeneral
neral manager
gives you letter-proposal from another law firm
firm in which its time-billing rates
and professional fees for various legal services are indicated. You are asked to
submit a similar letter-proposal stating your firms proposed fees. The airline
company‟s general manager also tells you that, if your proposal fees would at
least be 25 percent lower than those, proposed by the by the other firm, you will
get the company‟s legal business. How would you react to the suggestion? [1997
Bar exams] Page | 17

I will emphasize to the general manager that the practice of law is a profession
and not a trade. Consequently, I will not propose a lower fee just for the sake of
competing with another firm, because such practice smacks of commercialism.

  Rule 2.04. provides that A lawyer shall not charge rates lower than those
customarily prescribed, unless the circumstances so warrant.

I would charge fees that would be reasonable under the circumstances.

CONCLUSION

Penalty

The penalty
following for an improper solicitation of legal services is provided by the
rule:
Rule 138, Sec. 27 Disbarment or suspension of attorneys by Supreme
Court; grounds therefor. –  A member of the bar may be disbarred or
suspended from his office as attorney by the Supreme Court for any
deceit , malpractice xxx. The practice of soliciting cases at law for the
purpose of gain, either personally or through paid agents or brokers,
constitutes malpractice.

It is clear therefore in this case that an act of unethical solicitation of

legal services constitutes malpractice and therefore may subject an erring
lawyer from disbarment.
-End-

REFERENCES

1.  1987 Philippine Constitution

2.  1997 Rules of Court

3.  Code of Professional Ethics

4.  Ernesto Pineda, Legal Ethics

 

Special Problems in Legal Ethics( aka Problem Ares in Legal Ethics)

5.  Dennis B. Funa, Legal and Judicial Ethics with bar

examination questions

6.  Rufus Rodrigues, Legal Ethics

Page | 18
7.  Agpalo, Legal Ethics
Ethics

8.  Answers to Bar examination questions in legal ethics and

practical exercises, 1975 to 2007.