PALE - 3. Solicitation of Legal Services
PALE - 3. Solicitation of Legal Services
PALE - 3. Solicitation of Legal Services
Problem Areas in Legal Ethics barratry and champerty. - Linsangan v. Atty. Tolentino, A.C. No. 6672,
Arellano University School of Law – Arellano Law Foundation September 4, 2009
2018-2019
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH
AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER COURTESY, FAIRNESS AND CANDOR TOWARDS HIS
COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING
EFFECTIVENESS OF THE PROFESSION. TACTICS AGAINST OPPOSING COUNSEL.
Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the
of the defenseless or the oppressed. professional employment of another lawyer, however, it is the right of
Rule 2.02 - In such cases, even if the lawyer does not accept a case, he any lawyer, without fear or favor, to give proper advice and assistance to
shall not refuse to render legal advice to the person concerned if only to those seeking relief against unfaithful or neglectful counsel.
the extent necessary to safeguard the latter's rights.
Rule 2.03 - A lawyer shall not do or permit to be done any act designed The following elements distinguish the legal profession
primarily to solicit legal business. from a business:
Rule 2.04 - A lawyer shall not charge rates lower than those
customarily prescribed unless the circumstances so warrant. 1. A duty of public service, of which the emolument is a by-product,
and in which one may attain the highest eminence without
making much money;
Code of Professional Responsibility 2. A relation as an “officer of the court” to the administration of
justice involving thorough sincerity, integrity and reliability;
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES 3. A relation to clients in the highest degree of fiduciary;
SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND 4. A relation to colleagues at the bar characterized by candor,
OBJECTIVE INFORMATION OR STATEMENT OF FACTS. fairness, and unwillingness to resort to current business methods
of advertising and encroachment on their practice, or dealing
Rule 3.01 - A lawyer shall not use or permit the use of any false, directly with their clients. - Atty. Khan Jr. v. Atty. Simbillo, A.C. No.
fraudulent, misleading, deceptive, undignified, self-laudatory or unfair 5299, August 19, 2003
statement or claim regarding his qualifications or legal services.
Rule 3.02 - In the choice of a firm name, no false, misleading or assumed General rule
name shall be used. The continued use of the name of a deceased
partner is permissible provided that the firm indicates in all its Hence, lawyers are prohibited from soliciting cases for the purpose of
communications that said partner is deceased. gain, either personally or through paid agents or brokers. Such
Rule 3.03 - Where a partner accepts public office, he shall withdraw actuation constitutes malpractice, a ground for disbarment. - Linsangan
from the firm and his name shall be dropped from the firm name unless v. Atty. Tolentino, A.C. No. 6672, September 4, 2009
the law allows him to practice law currently.
Rule 3.04 - A lawyer shall not pay or give anything of value to Thru all means of communication
representatives of the mass media in anticipation of, or in return for
publicity to attract legal business. Solicitation or obtaining of professional employment by any means of
communication." - Geffen v. Moss, 53 Cal.App.3d 215, 125 Cal.Rptr. 687
Rule 138 [1975]
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prevent, and thus the application of the Disciplinary Rules in question
Solicitation or Ambulance chasing to appellant does not offend the Constitution.
We need not labor the point that solicitation or ambulance chasing, (a) A lawyer's solicitation of business through direct, in-person
so-called, either directly or indirectly through the services of runners or communication with the prospective clients has long been viewed as
others, is conduct which is reprehensible and inimicable to the inconsistent with the profession's ideal of the attorney-client
traditions and best interests of the legal profession. Not only does relationship and as posing a significant potential for harm to the
it provoke derision and disrespect in the eyes of the public, but it is an prospective client.
overreaching of the other members of the profession who adhere to the
standards fixed by canons of ethics and the dictates of good conscience. (b) The State does not lose its power to regulate commercial activity
To permit such conduct to continue undeterred could only result deemed harmful to the public simply because speech is a component
in unsavory competitions and consequences materially of that activity.
detrimental to the dignity and honor of the legal profession as a
whole. - In re Krasner 204 N.E.2d 10 (1965) (c) A lawyer's procurement of remunerative employment is only
marginally affected with First Amendment concerns. While entitled to
Ambulance chasing some constitutional protection, [respondent's] conduct is subject to
regulation in furtherance of important state interests. - Ohralik v.
This rule proscribes “ambulance chasing” (the solicitation of almost any Ohio State Bar Assn., 436 U.S. 447 (1978)
kind of legal business by an attorney, personally or through an agent in ……
order to gain employment) as a measure to protect the community from
barratry and champerty. - Linsangan v. Atty. Tolentino, A.C. No. 6672, (d) In addition to its general interest in protecting consumers and
September 4, 2009 regulating commercial transactions, the State bears a special
responsibility for maintaining standards among members of the
Solicitation of a political organization licensed professions, especially members of the Bar. Protection of
the public from those aspects of solicitation that involve fraud, undue
Appellant, a practicing lawyer in South Carolina who was also a influence, intimidation, overreaching, and other forms of "vexatious
cooperating lawyer with a branch of the American Civil Liberties Union conduct" is a legitimate and important state interest.
(ACLU), after advising a gathering of women of their legal rights
resulting from their having been sterilized as a condition of receiving (e) Because the State's interest is in averting harm by prohibiting
public medical assistance, informed one of the women in a subsequent solicitation in circumstances where it is likely to occur, the absence of
letter that free legal assistance was available from the ACLU. Thereafter, explicit proof or findings of harm or injury to the person solicited
the disciplinary Board of the South Carolina Supreme Court charged and is immaterial. The application of the Disciplinary Rules to appellant,
determined that appellant, by sending such letter, had engaged in who solicited employment for pecuniary gain under circumstances likely
soliciting a client in violation of certain Disciplinary Rules of the State to result in the adverse consequences the State seeks to avert, does not
Supreme Court, and issued a private reprimand. offend the Constitution.
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On the other hand, acceptance fee refers to the charge imposed by the the profession, is not objectionable. - Atty. Khan Jr. v. Atty. Simbillo, A.C.
lawyer for merely accepting the case. This is because once the lawyer No. 5299, August 19, 2003
agrees to represent a client, he is precluded from handling cases of the
opposing party based on the prohibition on conflict of interest. Thus, Telephone directory
the incurs an opportunity cost by merely accepting the case of the client
which is therefore indemnified by the payment of acceptance fee. Since He may likewise have his name listed in a telephone directory but not
the acceptance fee only seeks to compensate the lawyer for the under a designation of special branch of law. - Atty. Khan Jr. v. Atty.
lost opportunity, it is not measured by the nature and extent of Simbillo, A.C. No. 5299, August 19, 2003
the legal services rendered. – Dalupan v. Gacott, A.C. No. 5067, June
29, 2015
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partnership formed for the purpose of carrying on trade or position, and all other like self-laudation, defy the traditions and lower
business or of holding property." Thus, it has been stated that "the the tone of our high calling, and are intolerable.
use of a nom de plume, assumed or trade name in law practice is
improper.
Whether or not the firm of Velasquez, Rodriguez, Respicio, Philippine Daily Inquirer, which reads:
Ramos, Nidea, and Prado may call itself “A law Firm Of St.
Thomas More and Associate Members” “ANNULMENT OF MARRIAGE Specialist 532-4333/521-2667.”
We agree with the OBC. Rule 3.02 is clear. No name not belonging to - Atty. Khan Jr. v. Atty. Simbillo, A.C. No. 5299, August 19, 2003
any of the partners or associates may be used in the firm name for
any purpose. In one case, we have ruled that the use of the firm
name of a foreign law firm is unethical because that firm is not Calling card of Atty. Tolentino
authorized to practice law in this jurisdiction. In this case, “The Law
Firm of St. Thomas More and Associate Members” is not a law firm in
this jurisdiction or even in any other jurisdiction. A “St. Thomas More NICOMEDES TOLENTINO
and Associates” or STMA is in fact the socio-political ministry or the LAW OFFFICE
couples for Christ, a Christian family-renewal community. - PP v. CONSULTANCY & MARITIME SERVICES
Gonzalez, Jr., G.R. No. 139542 June 10, 2003 W/ FINANCIAL ASSISTANCE
LUIS B. TAGORDA
Attorney …..
Notary Public
CANDIDATE FOR THIRD MEMBER Complainant alleged that respondent, with the help of paralegal Fe
Province of Isabela Marie Labiano, convinced his clients to transfer legal representation.
Respondent promised them financial assistance and expeditious
(NOTE. — As notary public, he can execute for you a deed of sale for the collection on their claims. To induce them to hire his services, he
purchase of land as required by the cadastral office; can renew lost persistently called them and sent them text messages.
documents of your animals; can make your application and final To support his allegations, complainant presented the sworn
requisites for your homestead; and can execute any kind of affidavit. As affidavit of James Gregorio attesting that Labiano tried to prevail upon
a lawyer, he can help you collect your loans although long overdue, as him to sever his lawyer-client relations with complainant and utilize
well as any complaint for or against you. Come or write to him in his respondent’s services instead, in exchange for a loan of P50,000.
town, Echague, Isabela. He offers free consultation, and is willing to
help and serve the poor.) …..
Prohibited advertisement or solicitation Moreover, by engaging in a money-lending venture with his clients as
In re: Tagorda, 53 Phil. 37 (1929) borrowers, respondent violated Rule 16.04:
But solicitation of business by circulars or advertisements, or by Rule 16.04 – A lawyer shall not borrow money from his client unless the
personal communications or interview not warranted by personal client’s interests are fully protected by the nature of the case or by
relations, is unprofessional. independent advice. Neither shall a lawyer lend money to a client
except, when in the interest of justice, he has to advance necessary
It is equally unprofessional to procure business by indirection through expenses in a legal matter he is handling for the client. - Linsangan v.
toutersof any kind, whether allied real estate firms or trust companies Atty. Tolentino, A.C. No. 6672, September 4, 2009
advertising to secure the drawing of deeds or wills or offering retainers
in exchange for executorships or trusteeships to be influenced by the …..
lawyer.
The rule is that a lawyer shall not lend money to his client. The only
Indirect advertisement for business by furnishing or inspiring exception is, when in the interest of justice, he has to advance
newspaper comments concerning the manner of their conduct, the necessary expenses (such as filing fees, stenographer’s fees for transcript
magnitude of the interest involved, the importance of the lawyer's of stenographic notes, cash bond or premium for surety bond, etc.) for a
matter that he is handling for the client.
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"The most worth and effective advertisement possible, even for a young
The rule is intended to safeguard the lawyer’s independence of mind so lawyer, . . . is the establishment of a well-merited reputation for
that the free exercise of his judgment may not be adversely affected. It professional capacity and fidelity to trust. This cannot be forced but
seeks to ensure his undivided attention to the case he is handling as well must be the outcome of character and conduct.“ - Director of Religious
as his entire devotion and fidelity to the client’s cause. - Linsangan v. Affairs v. Bayot, A.C. No. L-1117, March 20, 1944
Atty. Tolentino, A.C. No. 6672, September 4, 2009
Volunteer [legal] advice is malpractice
Lending money to client
It is unprofessional for a lawyer to volunteer advice to bring a lawsuit,
If the lawyer lends money to the client in connection with the client’s except in rare cases where ties of blood, relationship or trust
case, the lawyer in effect acquires an interest in the subject matter of the make it his duty to do so. Stirring up strife and litigation is not only
case or an additional stake in its outcome. Either of these circumstances unprofessional, but it is indictable at common law. - Canons of
may lead the lawyer to consider his own recovery rather than that of Professionals Ethics adopted by the American Bar Association in 1908 and
his client, or to accept a settlement which may take care of his by the Philippine Bar Association in 1917. Canons 27 and 28 of the Code of
interest in the verdict to the prejudice of the client in violation of his Ethics - In re: Tagorda, 53 Phil. 37 (1929)
duty of undivided fidelity to the client’s cause. - Linsangan v. Atty.
Tolentino, A.C. No. 6672, September 4, 2009 Your best advertisement as a lawyer
Including a government lawyer in a business card We repeat, the canon of the profession tell us that the best advertising
possible for a lawyer is a well-merited reputation for professional
Thus, while he may not be actually and directly employed with the firm, capacity and fidelity to trust, which must be earned as the outcome of
the fact that his name appears on the calling card as a partner in character and conduct.
the Baligod, Gatdula, Tacardon, Dimailig& Celera Law Offices give the Good and efficient service to a client as well as to the community has a
impression that he is connected therein and may constitute an act of way of publicizing itself and catching public attention. That publicity is
solicitation and private practice which is declared unlawful under a normal by-product of effective service which is right and proper. A
Republic Act No. 6713. - Samonte v. Atty. Gatdula A.M. No. P-99-1292 good and reputable lawyer needs no artificial stimulus to generate it
[1999] and to magnify his success. He easily sees the difference between a
A verified complaint, sought to enjoin Juan G. Collas, Jr. normal by-product of able service and the unwholesome result of
and nine other lawyers from practicing law under the propaganda. - Ulep vs. Legal Clinic 223 SCRA 378
name of Baker & McKenzie, a law firm organized in
Illinois Best mode of advertisement
We hold that Baker & McKenzie, being an alien law firm, cannot The most worthy and effective advertisement possible, even for a young
practice law in the Philippines (Sec. 1, Rule 138, Rules of Court). As lawyer, and especially with his brother lawyers, is the establishment of a
admitted by the respondents in their memorandum, Baker & McKenzie well-merited reputation for professional capacity and fidelity to
is a professional partnership organized in 1949 in Chicago, Illinois with trust. This cannot be forced, but must be the outcome of character
members and associates in 30 cities around the world. Respondents, and conduct. - In re: Tagorda, 53 Phil. 37 (1929)
aside from being members of the Philippine bar, practicing under the
firm name of Guerrero & Torres, are members or associates of Baker Law firm with a foreign lawyer as partner
&Mckenzie. - Dacanay v. Baker & McKenzie, et. al. Adm. Case No. 2131
[1985] In the year 1904 he made an arrangement with the defendant Ney, a
practicing attorney, to carry on business together, sending out a
….. circular signed "Ney & Bosque," stating that they had established an
office for the general practice of law in all the courts of the Islands and
As pointed out by the Solicitor General, respondents' use of the firm that Bosque would devote himself especially to consultation and
name Baker & McKenzie constitutes a representation that being office work relating to Spanish law. The paper was headed "Law
associated with the firm they could "render legal services of the highest Office - Ney & Bosque. Juan G. Bosque, juris consultoespañol - C.W. Ney,
quality to multinational business enterprises and others engaged in abogado americano."
foreign trade and investment“. This is unethical because Baker &
McKenzie is not authorized to practice law here. - Dacanay v. Baker & Since that time the defendant Bosque has not personally appeared in the
McKenzie, et. al. Adm. Case No. 2131 [1985] courts, and with one exception, occuring through an inadvertance,
papers from the office were signed not with the firm name alone nor
with any designation of the firm as attorneys, but with the words "Ney &
Director of Religious Affairs v. Bayot, Bosque - C.W. Ney, abogado.“ - U.S. vs. Ney and Bosque, 8 Phil. 146 (1907)
A.C. No. L-1117, March 20, 1944
…..
Sunday Tribune of June 13, 1943, which reads as follows:
Moreover the firm circular in setting forth the establishment of an office
Marriage license promptly secured thru our assistance & the for the general practice of law in all the courts of the Islands, amounted
annoyance of delay or publicity avoided if desired, and marriage to an assertion of his right and purpose, not effectively qualified by
arranged to wishes of parties. Consultation on any matter free the addition that he would devote himself to consultation and
for the poor. Everything confidential. office work relating to Spanish law.
Legal assistance service Rule 3.01 - A lawyer shall not use or permit the use of any false,
12 Escolta, Manila, Room, 105 fraudulent, misleading, deceptive, undignified, self-laudatory or
Tel. 2-41-60. unfair statement or claim regarding his qualifications or legal services.
Rule 3.02 - In the choice of a firm name, no false, misleading or
Admonition to a young lawyer assumed name shall be used. Xxx.
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A disbarred lawyer's name cannot be part of a firm's
name Judge [] argues that, per commentary of Justice Ruperto G. Martin, "the
use of professional cards containing the name of the lawyer, his title, his
A lawyer who appears under a firm name that contains a disbarred office and residence is not improper" and that the word "title" should
lawyer's name commits indirect contempt of court. - David Yu Kimteng, be broad enough to include a Judge’s legal standing in the bar, his
et. al. v. Atty. Young, et. al., G.R. No. 210554, August 05, 2015 honors duly earned or even his Law School.
Held
Judge [] was circulating calling cards bearing his name as the Presiding
Judge of RTC, Branch 73, Malabon City, and indicating therein that he is
a "bar exams topnotcher (87.55%)" and with "full second honors" from
the Ateneo de Manila University, A.B. and LL.B.
…….