Right and Privilege a lawyer cannot be

to practice law prevented from

practicing law
The practice of except for valid
law is not a natural, reasons, the
property or practice of law not
constitutional right being a matter of
but a mere state’s grace or
privilege. favor.

It is not a right He holds office

granted to anyone during good
who demands it behavior and can
but a privilege to only be deprived of
be extended or it for misconduct.
withheld in the The state cannot
exercise of sound exclude an
judicial discretion. attorney from the
practice of law in a
It is in the nature manner or for
of a franchise reasons that
conferred only for contravene the due
merit which must process or equal
be earned by hard protection clause
study, learning and of the Constitution.
good conduct.
A quasi-judicial or
It is a privilege administrative
accorded only to agency cannot
those who restrict a lawyer’s
measure up to privilege to
certain rigid practice law by
standards of imposing
mental and moral conditions that
fitness. Those amount to
standards are discrimination nor
neither dispensed limit such privilege
with nor lowered by requiring the
after admission. passing of an
examination not
The attorney’s sanctioned by law
continued as a prerequisite to
enjoyment of the appearing before
privilege conferred such agency.
depends upon his
complying with the In that sense, the
ethics and rules of practice of law is in
the profession. the nature of a
right which cannot
But practice of be lightly or
law is also in the capriciously taken
nature of a right. away from him.
While the practice
of law is a privilege,
A lawyer cannot every member of publication of
advertise his the bar is called. simple
talent; reasons announcement of
therfor If competitive opening of law
advertising were firm, change of
General rule: A permitted, the firm;
lawyer cannot conscientious and
advertise his talent ethical lawyers will telephone
as a shopkeeper unavoidably be at directory (but not
advertises his the mercy of the under designation
wares. braggart. of special branch of
law);
Restriction Proper or
originated from permissible if acting as an
practices in the advertising or associate
Inns of Court of solicitation (specialising in a
England. branch of law), may
Not all publish a brief and
Young men advertising or dignified
studying to solicitation are announcement to
become barristers prohibited lawyers (law list,
regarded the law as law journal);
primarily a form of publication in
public service in reputable law list seeking a public
which the gaining with brief office (which can
of a livelihood was biographical and be filled only by a
but a secondary other informative lawyer);
consideration. data which may
include name, full time position as
A lawyer is a associates, corporate counsel;
member of an address, phone
honorable numbers, branches if in media, those
profession whose of law practised, acts incidental to
primary purpose is birthday, day his practice (i.e.,
to render public admitted to the not his own
service and help bar, schools and initiative);
secure justice and dates attended,
in which degrees and write articles for
remuneration is a distinctions, publication giving
mere incident. authorships, information upon
teaching positions, the law (and not
To allow a lawyer associations, legal individual rights or
to advertise his fraternities and advising through
talent or skill is to societies, column/ TV
commercialize the references and broadcast, lest
practice of law, regularly such be considered
lower the represented clients indirect
profession in public must be published advertising);
confidence and for that purpose;
lessen its ability to if entering into
render efficiently an ordinary, other businesses
that high character simple professional (which are not
of service to which card; inconsistent with
lawyer’s duties)
then it is advisable professional
that they be standards or 3. Aiding of a
entirely separate 2. the use of layman to engage
and apart such that artificial means to in unauthorized
a layman could augment the practice of law.
distinguish publicity that
between the two normally results Engaging in
functions. from what a lawyer business or other
does. occupation
Best advertising for
a lawyer: A well- -- It is not
merited reputation Writing legal uncommon to see
for professional articles lawyers combining
capacity and law practice with
fidelity to trust. An attorney some other lawful
―may with occupation.
Good and propriety write
efficient service to articles for The fact that he is
a client as well as to publications in a lawyer does not
the community has which he gives preclude him from
a way of publicizing information upon engaging in
itself and catching the law; but he business.
public attention. should not accept
employment from Impropriety
That publicity is a such publications arises when the
normal by-product to advise inquiries nature and manner
of effective service. in respect to their of business is
-- individual rights.‖ inconsistent with
A good and (Canon 40, Code of the duties of the
reputable lawyer Professional Ethics) lawyer such as
needs no artificial when it is used as a
stimulus to A lawyer may cloak for indirect
generate it and to properly write and solicitation on his
magnify his sell for publication, behalf.
success. articles of general
EXCEPTIONS: nature on legal It is necessary
1. Those which are subjects in a law that the lawyer
expressly allowed. journal. keeps any business
2. Those which are in which he is
necessarily implied What should be engaged, entirely
from the guarded against is separate and apart
restrictions. the violation of the from his practice.
ethical principles
What makes concerning: He shall make it
solicitation clear to his client in
improper is: 1. Improper what capacity he is
1. the employment advertising by a acting.
of such methods as lawyer.
are incompatible Businesses
with the traditional 2. Giving of legal closely associated
dignity of a lawyer advice to one with with the practice of
and maintenance whom no attorney- law:
of correct client relationship
exists.
o Collection information or
agency. statement of facts.
o Real estate
brokerage. Rule 3.01. A
o Insurance lawyer shall not
agency. use or permit the
o Mortgage use of any false,
service. fraudulent,
o Tax service and misleading,
consultancy. deceptive,
undignified, self-
A lawyer shall laudatory, or unfair
make clear statement or claim
whether he is regarding his
acting in another qualifications or
capacity legal services.

Rule 15.08. A Rule 3.04. A

lawyer who is lawyer shall not
engaged in another pay or give
profession or anything of value
occupation to representatives
concurrently with of the mass media
the practice of law in anticipation of,
shall make clear to or in return for,
his client whether publicity to attract
he is acting as a legal business.
lawyer or in
another capacity. Similarly, he
should not resort
The reason is that to indirect
certain ethical advertisements,
considerations such as furnishing
governing the or inspiring
attorney-client newspaper
relationship may comments, or
be operative in one procuring his
and not in the photograph to be
other. published.

Lawyer shall not

use false statement
regarding his
qualification or
service

CANON 3: A
lawyer in making
known his legal
services shall use
only true, honest,
fair, dignified and
objective