The practice of law is considered a privilege rather than a right. It can be revoked for misconduct but not in a way that violates a lawyer's constitutional rights to due process or equal protection. While a privilege, the state cannot prevent a lawyer from practicing or impose unreasonable conditions. Advertising one's talents as a lawyer is generally prohibited as it risks commercializing the profession. Exceptions include simple listings of biographical information or practice areas. A lawyer may engage in other businesses if they are kept entirely separate from the legal practice and do not constitute indirect solicitation. Maintaining a good reputation through quality work is the best form of publicity for a lawyer.
The practice of law is considered a privilege rather than a right. It can be revoked for misconduct but not in a way that violates a lawyer's constitutional rights to due process or equal protection. While a privilege, the state cannot prevent a lawyer from practicing or impose unreasonable conditions. Advertising one's talents as a lawyer is generally prohibited as it risks commercializing the profession. Exceptions include simple listings of biographical information or practice areas. A lawyer may engage in other businesses if they are kept entirely separate from the legal practice and do not constitute indirect solicitation. Maintaining a good reputation through quality work is the best form of publicity for a lawyer.
The practice of law is considered a privilege rather than a right. It can be revoked for misconduct but not in a way that violates a lawyer's constitutional rights to due process or equal protection. While a privilege, the state cannot prevent a lawyer from practicing or impose unreasonable conditions. Advertising one's talents as a lawyer is generally prohibited as it risks commercializing the profession. Exceptions include simple listings of biographical information or practice areas. A lawyer may engage in other businesses if they are kept entirely separate from the legal practice and do not constitute indirect solicitation. Maintaining a good reputation through quality work is the best form of publicity for a lawyer.
The practice of law is considered a privilege rather than a right. It can be revoked for misconduct but not in a way that violates a lawyer's constitutional rights to due process or equal protection. While a privilege, the state cannot prevent a lawyer from practicing or impose unreasonable conditions. Advertising one's talents as a lawyer is generally prohibited as it risks commercializing the profession. Exceptions include simple listings of biographical information or practice areas. A lawyer may engage in other businesses if they are kept entirely separate from the legal practice and do not constitute indirect solicitation. Maintaining a good reputation through quality work is the best form of publicity for a lawyer.
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