Solicitation of legal

services

Problem Areas in Legal Ethics

Arellano University School of Law Arellano Law Foundation
2015-2016

Code of Professional Responsibility

CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN

AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE
INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE
PROFESSION.

Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of
the defenseless or the oppressed.
Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall
not refuse to render legal advice to the person concerned if only to 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
primarily to solicit legal business.
Rule 2.04 - A lawyer shall not charge rates lower than those customarily
prescribed unless the circumstances so warrant.

Code of Professional Responsibility

CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL

USE ONLY TRUE, HONEST, FAIR, 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 3.02 - In the choice of a firm name, no false, misleading or assumed
name shall be used. The continued use of the name of a deceased partner
is permissible provided that the firm indicates in all its communications
that said partner is deceased.
Rule 3.03 - Where 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 currently.
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.
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Rule 138

Sec. 27. Attorneys removed or suspended by Supreme Court on

what grounds. - A member of the bar may be removed or
suspended from his office as attorney by the Supreme Court for
any deceit, malpractice, or other gross misconduct in such office,
grossly immoral conduct, or by reason of his conviction of a crime
involving moral turpitude, or for any violation of the oath which he
is required to take before admission to practice, or for a wilfull
disobedience of any lawful order of a superior court, or for
corruptly or wilfully appearing as an attorney for a party to a case
without authority so to do. The practice of soliciting cases at
law for the purpose of gain, either personally or through paid
agents or brokers, constitutes malpractice.

Rule 2.03 should be read in connection

with Rule 1.03 of the CPR

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

designed primarily to solicit legal business.

RULE 1.03. A LAWYER SHALL NOT, FOR ANY CORRUPT MOTIVE

OR INTEREST, ENCOURAGE ANY SUIT OR PROCEEDING OR
DELAY ANY MANS CAUSE.

This rule proscribes ambulance chasing (the solicitation of

almost any 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, September 4, 2009

Do not pirate a client

CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH

COURTESY, FAIRNESS AND CANDOR TOWARDS HIS
PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING
TACTICS AGAINST OPPOSING COUNSEL.

Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon

the professional employment of another lawyer, however, it is the
right of any lawyer, without fear or favor, to give proper advice and
assistance to those seeking relief against unfaithful or neglectful
counsel.

The following elements distinguish the

legal profession from a business:

1. A duty of public service, of which the emolument is a byproduct, and in which one may attain the highest eminence
without making much money;
2. A relation as an officer of the court to the administration of
justice involving thorough sincerity, integrity and reliability;
3. A relation to clients in the highest degree of fiduciary;
4. A relation to colleagues at the bar characterized by candor,
fairness, and unwillingness to resort to current business methods
of advertising and encroachment on their practice, or dealing
directly with their clients. - Atty. Khan Jr. v. Atty. Simbillo, A.C. No.
5299, August 19, 2003

General rule

Hence, lawyers are prohibited from soliciting cases for the purpose
of gain, either personally or through paid agents or brokers .
Such actuation constitutes malpractice, a ground for disbarment. Linsangan v. Atty. Tolentino, A.C. No. 6672, September 4, 2009

Solicitation or obtaining of professional employment by any

means of communication." - Geffen v. Moss, 53 Cal.App.3d 215,
125 Cal.Rptr. 687 [1975]

Solicitation or Ambulance chasing

We need not labor the point that solicitation or ambulance

chasing , so-called, either directly or indirectly through the
services of runners or others, is conduct which is reprehensible
and inimicable to the traditions and best interests of the
legal profession. Not only does it provoke derision and disrespect
in the eyes of the public, but it is an overreaching of the other
members of the profession who adhere to the standards fixed by
canons of ethics and the dictates of good conscience. To permit
such conduct to continue undeterred could only result in
unsavory competitions and consequences materially
detrimental to the dignity and honor of the legal profession
as a whole. - In re Krasner 204 N.E.2d 10 (1965)

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Ambulance chasing

This rule proscribes ambulance chasing (the solicitation of

almost any 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, September 4, 2009

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Champertous contract

Champerty n. an agreement between the party suing in a lawsuit

(plaintiff) and another person, usually an attorney, who agrees to
finance and carry the lawsuit in return for a percentage of the
recovery (money won and paid.) In Common Law this was illegal
on the theory that it encouraged lawsuits.

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Contingent fee is valid

Contingent fee contracts are permitted in this jurisdiction

because they redound to the benefit of the poor client and the
lawyer "especially in cases where the client has meritorious cause
of action, but no means with which to pay for legal services
unless he can, with the sanction of law, make a contract for a
contingent fee to be paid out of the proceeds of litigation .
Oftentimes, the contingent fee arrangement is the only means by
which the poor clients can have their rights vindicated and
upheld."
As long as the lawyer does not exert undue influence on his
client, that no fraud is committed or imposition applied , or
that the compensation is clearly not excessive as to amount to
extortion, a contract for contingent fee is valid and enforceable.
Fabillo v. IAC G.R. No. L-68838 March 11, 1991
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Acceptance fee

An acceptance fee is not a contingent fee, but is an absolute fee

arrangement which entitles a lawyer to get paid for his efforts
regardless of the outcome of the litigation. - Yu v. Bondal, A.C. No.
5534, January 17, 2005

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Touters - someone who advertises for customers in an especially

brazen way.
Common barratry consisting of frequently stirring up suits and
quarrels between individuals.

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Only way to announce legal service

For this reason, lawyers are only allowed to announce their

services by publication in reputable law lists or use of simple
professional cards. - Linsangan v. Atty. Tolentino, A.C. No. 6672,
September 4, 2009

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Nonetheless, the solicitation of legal business is not altogether

proscribed . However, for solicitation to be proper, it must be
compatible with the dignity of the legal profession . If it is
made in a modest and decorous manner , it would bring no
injury to the lawyer and to the bar. - Atty. Khan Jr. v. Atty. Simbillo,
A.C. No. 5299, August 19, 2003

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For this reason, lawyers are only allowed to announce their

services by publication in reputable law lists or use of simple
professional cards . Linsangan v. Atty. Tolentino, A.C. No. 6672,
September 4, 2009

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Professional calling cards may only contain the following

details:

(a) lawyers name;

(b) name of the law firm with which he is connected;
(c) address;
(d) telephone number and
(e) special branch of law practiced.
- Linsangan v. Atty. Tolentino, A.C. No. 6672, September 4, 2009

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Brief biographical and informative data

Such data must not be misleading and may include only the following:
1. a statement of the lawyers name and the names of his professional associates;
2. addresses, telephone numbers, cable addresses;
3. branches of law practiced;
4. date and place of birth and admission to the bar;
5. schools attended with dates of graduation, degrees and other educational
distinctions;
6. public or quasi-public offices;
7. posts of honor;
8. legal authorships;
9. legal teaching positions;
10. membership and offices in bar associations and committees thereof, in legal and
scientific societies and legal fraternities;
11. the fact of listings in other reputable law lists;
12. the names and addresses of references; and,
13. with their written consent, the names of clients regularly represented. - Atty. Khan
Jr. v. Atty. Simbillo, A.C. No. 5299, August 19, 2003

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Acceptable law list publication

The law list must be a reputable law list published primarily for
that purpose; it cannot be a mere supplemental feature of a paper,
magazine, trade journal or periodical which is published
principally for other purposes. For that reason, a lawyer may not
properly publish his brief biographical and informative data in a
daily paper, magazine, trade journal or society program. Nor may a
lawyer permit his name to be published in a law list the conduct,
management, or contents of which are calculated or likely to
deceive or injure the public or the bar, or to lower dignity or
standing of the profession. - Atty. Khan Jr. v. Atty. Simbillo, A.C.
No. 5299, August 19, 2003

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Acceptable publication

The use of an ordinary simple professional card is also permitted.

The card may contain only a statement of his name, the name of
the law firm which he is connected with, address, telephone
number and special branch of law practiced. The publication of a
simple 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, is not
objectionable. - Atty. Khan Jr. v. Atty. Simbillo, A.C. No. 5299,
August 19, 2003

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Telephone directory

He may likewise have his name listed in a telephone directory but

not under a designation of special branch of law . - Atty. Khan
Jr. v. Atty. Simbillo, A.C. No. 5299, August 19, 2003

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Whether or not the firm of Velasquez,

Rodriguez, Respicio, Ramos, Nidea, and
Prado may call itself A law Firm Of St.
Thomas More and Associate Members

We agree with the OBC. Rule 3.02 is clear. No name not

belonging to 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 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 and Associates or
STMA is in fact the socio-political ministry or the couples for
Christ, a Christian family-renewal community. - PP v. Gonzalez, Jr.,
G.R. No. 139542 June 10, 2003
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To appellate to the name of the lawyers The Law Firm of St.

Thomas More and Associate Members indeed appears
misleading . It implies that St. Thomas More is a Law Firm
when in fact it is not it would also convey to the public the
impression that the lawyers are members of the law firm which
does not exist. To the public, it would seem that the purpose or
intention of adding The Law Firm of St. Thomas More and
Associates Members is to bask in the name of a Saint , although
that may not really, be the purpose or intention of the lawyers. The
appellation only tends to confuse the public and in a way
demean both the saints and the legal profession whose
members must depend on their own name and record and merit
and not on the name/glory of other persons living or dead. PP v.
Gonzalez, Jr., G.R. No. 139542 June 10, 2003
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Philippine Daily Inquirer, which reads:

ANNULMENT OF MARRIAGE Specialist 532-4333/521-2667.

- Atty. Khan Jr. v. Atty. Simbillo, A.C. No. 5299, August 19, 2003

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Thus, the use of simple signs stating the name or names of the
lawyers, the office and residence address and fields of practice, as
well as advertisement in legal periodicals bearing the same brief
data, are permissible. Even the use of calling cards is now
acceptable. Publication in reputable law lists, in a manner
consistent with the standards of conduct imposed by the canon, of
brief biographical and informative data is likewise allowable. Atty. Khan Jr. v. Atty. Simbillo, A.C. No. 5299, August 19, 2003

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Calling card of Atty. Tolentino

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 Complainant alleged that respondent, with the help of paralegal

Fe Marie Labiano, convinced his clients to transfer legal

representation. Respondent promised them financial assistance
and expeditious collection on their claims. To induce them to hire
his services, he persistently called them and sent them text
messages.
To support his allegations, complainant presented the sworn
affidavit of James Gregorio attesting that Labiano tried to prevail
upon him to sever his lawyer-client relations with complainant
and utilize respondents services instead, in exchange for a loan
of P50,000 .

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Moreover, by engaging in a money-lending venture with his clients

as borrowers, respondent violated Rule 16.04:
Rule 16.04 A lawyer shall not borrow money from his client
unless the clients interests are fully protected by the nature of the
case or by independent advice. Neither shall a lawyer lend money
to a client except, when in the interest of justice, he has to advance
necessary expenses in a legal matter he is handling for the client. Linsangan v. Atty. Tolentino, A.C. No. 6672, September 4, 2009

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The rule is that a lawyer shall not lend money to his client. The
only exception is , when in the interest of justice, he has to
advance necessary expenses (such as filing fees, stenographers
fees for transcript of stenographic notes, cash bond or premium
for surety bond, etc.) for a matter that he is handling for the client.
The rule is intended to safeguard the lawyers independence of
mind so that the free exercise of his judgment may not be
adversely affected. It seeks to ensure his undivided attention to the
case he is handling as well as his entire devotion and fidelity to the
clients cause. - Linsangan v. Atty. Tolentino, A.C. No. 6672,
September 4, 2009

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Lending money to client

If the lawyer lends money to the client in connection with the

clients case, the lawyer in effect acquires an interest in the subject
matter of the case or an additional stake in its outcome. Either of
these circumstances may lead the lawyer to consider his own
recovery rather than that of his client, or to accept a settlement
which may take care of his interest in the verdict to the prejudice
of the client in violation of his duty of undivided fidelity to the
clients cause. - Linsangan v. Atty. Tolentino, A.C. No. 6672,
September 4, 2009

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Uninformative fact

Somewhat more troubling is appellant's listing, in large capital

letters, that he was a member of the Bar of the Supreme Court
of the United States . The emphasis of this relatively
uninformative fact is at least bad taste. - In re: R.M.J. 455 U.S. 191
[1982]

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Including a government lawyer in a

business card

Thus, while he may not be actually and directly employed with the
firm, the fact that his name appears on the calling card as a
partner in the Baligod, Gatdula, Tacardon, Dimailig & Celera Law
Offices give the impression that he is connected therein and may
constitute an act of solicitation and private practice which is
declared unlawful under Republic Act No. 6713. - Samonte v. Atty.
Gatdula A.M. No. P-99-1292 [1999]

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A verified complaint, sought to enjoin Juan G.

Collas, Jr. and nine other lawyers from
practicing law under the name of Baker &
McKenzie, a law firm organized in Illinois

We hold that Baker & McKenzie, being an alien law firm, cannot
practice law in the Philippines (Sec. 1, Rule 138, Rules of Court). As
admitted by the respondents in their memorandum, Baker &
McKenzie is a professional partnership organized in 1949 in
Chicago, Illinois with members and associates in 30 cities around
the world. Respondents, aside from being members of the
Philippine bar, practicing under the firm name of Guerrero &
Torres, are members or associates of Baker & Mckenzie. - Dacanay
v. Baker & McKenzie, et. al. Adm. Case No. 2131 [1985]

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As pointed out by the Solicitor General, respondents' use of the

firm name Baker & McKenzie constitutes a representation that
being associated with the firm they could "render legal services of
the highest quality to multinational business enterprises and
others engaged in foreign trade and investment. This is unethical
because Baker & McKenzie is not authorized to practice law here. Dacanay v. Baker & McKenzie, et. al. Adm. Case No. 2131 [1985]

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Director of Religious Affairs v. Bayot,

A.C. No. L-1117, March 20, 1944

Sunday Tribune of June 13, 1943, which reads as follows:

Marriage license promptly secured thru our assistance & the
annoyance of delay or publicity avoided if desired, and marriage
arranged to wishes of parties. Consultation on any matter free for
the poor. Everything confidential.
Legal assistance service
12 Escolta, Manila, Room, 105
Tel. 2-41-60.

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Admonition to a young lawyer

"The most worth and effective advertisement possible, even for a

young lawyer, . . . is the establishment of a well-merited reputation
for professional capacity and fidelity to trust. This cannot be forced
but must be the outcome of character and conduct. - Director of
Religious Affairs v. Bayot, A.C. No. L-1117, March 20, 1944

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Unacceptable advertisement
LUIS B. TAGORDA
Attorney
Notary Public
CANDIDATE FOR THIRD MEMBER
Province of Isabela
(NOTE. As 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 your animals; can make your application and final requisites
for your homestead; and can execute any kind of affidavit. As a lawyer, he can
help you collect your loans although long overdue, as well as any complaint
for or against you. Come or write to him in his town, Echague, Isabela. He
offers free consultation, and is willing to help and serve the poor.)

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Volunteer [legal] advice is malpractice

It is unprofessional for a lawyer to volunteer advice to bring a

lawsuit, except in rare cases where ties of blood, relationship
or trust make it his duty to do so . Stirring up strife and litigation
is not only unprofessional, but it is indictable at common law. Canons of Professionals Ethics adopted by the American Bar
Association in 1908 and by the Philippine Bar Association in 1917.
Canons 27 and 28 of the Code of Ethics - In re: Tagorda, 53 Phil. 37
(1929)

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Your best advertisement as a lawyer

We repeat, the canon of the profession tell us that the best

advertising possible for a lawyer is a well-merited reputation for
professional capacity and fidelity to trust , which must be
earned as the outcome of character and conduct.
Good and efficient service to a client as well as to the community
has a way of publicizing itself and catching public attention. That
publicity is a normal by-product of effective service which is right
and proper. A good and reputable lawyer needs no artificial
stimulus to generate it and to magnify his success. He easily sees
the difference between a normal by-product of able service and
the unwholesome result of propaganda. - Ulep vs. Legal Clinic 223
SCRA 378

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Prohibited advertisement or solicitation

In re: Tagorda, 53 Phil. 37 (1929)

But solicitation of business by circulars or advertisements, or by

personal communications or interview not warranted by
personal relations, is unprofessional.
It is equally unprofessional to procure business by indirection
through touters of any kind, whether allied real estate firms or
trust companies advertising to secure the drawing of deeds or wills
or offering retainers in exchange for executorships or trusteeships
to be influenced by the lawyer.
Indirect advertisement for business by furnishing or inspiring
newspaper comments concerning the manner of their conduct,
the magnitude of the interest involved, the importance of the
lawyer's position, and all other like self-laudation, defy the
traditions and lower the tone of our high calling, and are
intolerable.
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Best mode of advertisement

The most worthy and effective advertisement possible, even for a

young lawyer, and especially with his brother lawyers, is the
establishment of a well-merited reputation for professional
capacity and fidelity to trust . This cannot be forced, but must be
the outcome of character and conduct . - In re: Tagorda, 53 Phil.
37 (1929)

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Law firm with a foreign lawyer as

partner

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 that Bosque would devote himself especially
to consultation and office work relating to Spanish law. The
paper was headed "Law Office - Ney & Bosque. Juan G. Bosque,
juris consulto espaol - C.W. Ney, abogado americano."
Since that time the defendant Bosque has not personally appeared
in the 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 & Bosque - C.W. Ney, abogado. - U.S. vs. Ney
and Bosque, 8 Phil. 146 (1907)

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Moreover the firm circular in setting forth the establishment of an

office for the general practice of law in all the courts of the Islands,
amounted to an assertion of his right and purpose, not effectively
qualified by the addition that he would devote himself to
consultation and office work relating to Spanish law.

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 3.02 - In the choice of a firm name, no false, misleading or
assumed name shall be used. Xxx.

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Thank you for your

attention!!

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