CANON 3

A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES

SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND
OBJECTIVE INFORMATION OR STATEMENT OF FACTS.
LAWYER CAN NOT ADVERTISE HIS TALENT; REASONS…

 General rule: a lawyer can not advertise his talent as a shopkeeper advertises his wares (inflexible
rule)
 Reasons:
-Lawyer member of honorable profession
-Primary purpose is to render public service and help secure justice
-Renumeration is a mere incident
 A lawyer different from a shopkeeper, trader, manufacturer, money lender
 Principal tool is ADVERTISING to SELL PRODUCT or SERVICE
 To allow a lawyer to advertise his talent or skill is TO COMMERCIALIZE THE PRACTICE OF LAW,
LOWER the profession in PUBLIC CONFIDENCE and LESSEN INABILITY to render efficiently that
high character of service which every member of the bar is called
ORIGIN

 Practices in the Inns of Court of England, young men, in the early days of the bar, came to Inns of
Court in England to STUDY in order to become barristers. Practically, ALL SONS of WELL-TO-DO
parents who DID NOT have to WORRY about EARNING A LIVING and who TRADITIONALLY
LOOKED DOWN on all forms of trade and competition, regarded law as primarily a FORM OF
PUBLIC SERVICE. Gaining livelihood was but a SECONDARY CONSIDERATION. Attitude became a
recognized custom and tradition of legal profession brought to the US and then to the Philippines.
 As a result of RECOGNITION OF PRACTICE OF LAW PRIMARLY AS A FORM OF PUBLIC
SERVICE, legal profession acquired a certain TRADITIONAL DIGNITY
 Proscription against advertising and solicitation AIMS to PRESERVE that DIGNITY
NEGATIVE EFFECTS OF ADVERTISING:

 Advertising INESCAPABLY INVOLVES self-praise or puffing

 Advertising may also lead to ASSERTION OF FRAUDULENT CLAIMS
 Corruption of public officials
 Attacks on marital stability
 Encourage lawyers to engage in overreaching, overcharging, underrepresentation, and
misrepresentation
 Doubtlessly increase lawsuit and result in needless litigation and inciting to strife otherwise
peaceful citizens
PROPER OR PERMISSIBLE ADVERTISING OR SOLICITATION

 NOT ALL TYPES OF ADVERTISING ARE PROHIBITED; NOT MALUM IN SE

 What makes advertising or solicitation improper?
 EMPLOYMENT of METHODS incompatible with the TRADITIONAL DIGNITY of a lawyer
AND maintenance of correct professional standards or the USE OF ARTIFICIAL MEANS to
augment the publicity that normally results from what a lawyer does CLEAR DELINEATION
in that regard
PROPER OR PERMISSIBLE ADVERTISING OR SOLICITATION

 Canons of profession tell the BEST ADVERTISING POSSIBLE for a lawyer as 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 CLIENT as well as to the COMMUNITY has a way of
PUBLICIZING itself and CATCHING PUBLIC ATTENTION.
 PUBLICITY 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. Easily sees the DIFFERENCE BETWEEN a normal by-product of able service and the
unwholesome result of propaganda
EXCEPTIONS TO THE RULE AGAINST ADVERTISING AND SOLICITATION AND
DEFINE THE EXTENT TO WHICH THEY ARE UNDERTAKEN.

TWO BROAD CATEGORIES:

 EXPRESSLY ALLOWED
 NECESSARILY IMPLIED FROM RESTRICTIONS
EXAMPLES:

1) Publication in REPUTABLE LAW LISTS in a manner consistent with standards of conduct imposed by the
canons, of BRIEF BIOLOGICAL AND INFORMATIVE DATA. Such data must not be misleading. It may include
only the ff.:

 Lawyer’s name  Date of admission to the bar

 Names of professional associates
 Addresses
 Telephone numbers
 Cable addresses
 Branches of law practiced
 Date and place of birth
 Schools attended with dates of graduation
 Degrees and other educational distinction
 Public or quasi-public offices
 Posts of honor
 Legal authorships
 Legal teaching positions
EXAMPLES:

 Membership and offices in bar associations and committees thereof

 Membership in legal and scientific societies and legal fraternities
 Fact of listings in other reputable law lists
 Names and addresses of references
 Names of CLIENTS REGULARLY REPRESENTED, with their written consent
 Law list must be REPUTABLE and published PRIMARILY FOR THAT PURPOSE
 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, or society
program, NOR permit his name to be published in a law list. The conduct, management or contents of
which are calculated or likely to DECEIVE OR INJURY the public or the bar or to LOWER THE
DIGNITY OR STANDING OF THE PROFESSION
2) USE of an ORDINARY SIMPLE PROFESSIONAL CARD
 Statement of name
 Name of law firm connected with
 Address
 Telephone number
 Special branch of law practiced
3) PUBLICATION of a SIMPLE ANNOUNCEMENT of the OPENING or a LAW FIRM or of CHANGES
IN PARTNERSHIP, associates, firm name or office address for the convenience of the profession
4) LISTED IN TELEPHONE DIRECTORY not under a designation of a special branch of law
5) A lawyer engaged in a particular branch of law and available to act as an associate of other lawyers in
that specific branch of legal service may SEND TO LOCAL LAWYER ONLY and PUBLISH in a LOCAL
LEGAL JOURNAL…a brief and dignified announcement of his AVAILABILITY to SERVE OTHER
LAWYERS in connection therewith:
 announcement or representation should be in A FORM WHICH DOES NOT constitute a
statement or representation of SPECIAL EXPERIENCE or EXPERTNESS
 NO REFERENCE to his supposed QUALIFICATIONS
 may NOT BE sent to persons who are NOT LAWYERS
 cannot be published in any publication other than in a law list or local legal journal
 nor can it be carried on his letterhead
WHEN IS A PARTICULAR SERVICE SPECIALIZED?

 Depends upon the EXTENT TO WHICH IT IS AVAILABLE FROM MEMBERS OF THE BAR
 e.g. a patent, trademark and copyright practice is specialized legal service but NOT A SERVICE of
preparing brief or rendering legal opinion (the other being a normal service of a general
practitioner
 fact that lawyer is engaged in a specialized service DOES NOT EXEMPT HIM from complying
with the rules and ethics of the profession NOR does it justify the solicitation of employment
from one lawyer to another on a reciprocal basis
6) SEEKING OF APPOINTMENT in a PUBLIC OFFICE (which can be filled up ONLY BY A LAWYER) is
NOT solicitation within the meaning of the proscription
7) ADVERTISEMENT, in a dignified manner, seeking fulltime position as counsel for a CORPORATION
 distinction between…application for such position w/c would take lawyer out of general practice
(permitted) VS application to handle a particular matter while continuing general practice
(proscribed)
NOT IMPROPER FOR LAWYER…

8) To permit his name to be published in a law journal in connection with an account of a legal matter of
current interest, in which he is acting counsel
9) In a foreclosure proceeding to advertise for sale, over his name, the property involved is an incidental
part of professional service
10) ACTIVITY of an ASSOCIATION for the purpose of LEGAL REPRESENTATION as a MODE OF
EXPRESSION and MEANINGFUL ACCESS TO COURTS as protected by constitution
11) The PROFFER of FREE LEGAL SERVICES to the INDIGENT, eve when broadcast over the radio or
tendered through circulation of printed matter to the general public defense of indigents citizens
without compensation carried throughout the country by lawyers representing legal aid societies not
only with approval but with commendation of those acquainted with the work
 the rule of proscribing advertising or solicitation of business is AIMED AT COMMERCIALIZATON
OF THE PROFESSION (and has to do with the effort to obtain remunerative business)
 NEVER AIMED at a situation in which a group of lawyers announce that they are willing to devote
some of their time and energy to the interests of indigent citizens.
WRITING LEGAL ARTICLES

 An attorney “may WITH PROPRIETY write articles for publications in which he gives information
upon the law; but HE SHOULD NOT ACCEPT EMPLOYMENT FROM SUCH PUBLICATIONS TO
ADVISE INQUIRIES in respect to their individual rights”
 WITHIN THE PRESCRIPTION OF THIS CANON…
 Lawyer may properly write and sell for publication ARTICLES OF A GENERAL NATURE ON
LEGAL SUBJECTS
 Send upon request his picture for publication with the article in a law journal
 Or submit for publication to a bar association journal an unsolicited article on a legal subject
 What should be guarded against is the violation of ethical principles concerning:
A) improper advertising by a lawyer
B) giving of legal advice to one with whom no attorney-client relationship exists
C) aiding of a layman to engage in unauthorized practice of law
 Example, a lawyer may not…
 counsel for a banker’s association
 write a legal bulletin to be issued to the member
 allow his name to be carried in a magazine representing that he is an attorney for a named
organization and will furnish free legal advice to its members
 Giving of advice on legal matters through a newspaper column, radio, television broadcast is
IMPROPER
 Cannot be undertaken by a layman because the service constitutes a practice of law
 Cannot be undertaken by lawyer because work involves INDIRECT ADVERTISING,VIOLATION of
CONFIDENTIAL RELATION of ATTORNEY AND CLIENT, and a breach of traditional standards of
the profession
 writing a column in a newspaper - sooner or later WILL VIOLATE ETHICAL PRINCIPLES
-readers don’t want a general discussion but something practical they can apply to their own
experience which is what publishers will make sure that they get and a lawyer answering that is apt to
follow what he thinks his readers want to hear about and to answer the personal problem he sees
behind the questions
ENGAGING IN BUSINESS OR OTHER OCCUPATION
 NOT UNCOMMON to combine law practice with some other lawful occupation
 Fact that one is a lawyer DOES NOT PRECLUDE HIM FROM ENGAGING in business NOT
NECESSARILY IMPROPER
 IMPROPRIETY arises when BUSINESS is of such nature or in such manner as to be INCONSISTENT
with lawyer’s duties as a member of the bar…
 Such INCONSISTENCY arises when business is one that will READILY LEND ITSELF as a MEANS of
procuring professional employment for him cloak for indirect solicitation
 To AVOID SUCH INCONSISTENCIES, always desirable and usually necessary that lawyer KEEPS
BUSINESS IN WHICH HE IS ENGAGED IN…SEPARATE AND APART FROM HIS PRACTICE OF
THE LAW…must, in any event, conduct it with due observance of the standards of conduct required
of him as a lawyer
 MUST MAKE IT CLEAR TO CLIENT IF HE IS ACTING AS A LAWYER or IN ANOTHER CAPACITY
 Businesses so closely related to the practice of law…may readily become means of indirect
solicitation:
 Adjustment of claims
 Incorporating of companies
 Handling of matters before governmental commissions and boards and in government offices
 Collection agency
 Real estate brokerage
 Insurance agency
 Mortgage service
 Tax service *If any of these and similar business and the lawyer’s law
practice are CONDUCTED IN THE SAME OFFICE, the public
 Consultancy could NOT be expected to distinguish his dual capacities and
know when he is acting as a lawyer or a layman.
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.
HE SHOULD NOT RESORT TO INDIRECT
ADVERTISEMENTS SUCH AS:
 furnishing or inspiring newspaper comments
 procuring his photograph to be published in connection with cases in which the lawyer
has been or is engaged
 or concerning the manner of their conduct, magnitude of interest involved, importance of
the lawyer’s position and others like self-laudation
 use of card: “as a notary, he can <do this and that for you>, as a lawyer <he can do this
and that for you>.
Come or write to him…Offers free consultation and is willing to help the poor”
 causing to be published in newspaper the ff ad: “marriage license….consultation on
matter free to poor. Everything confidential. Legal assistance service.”
 Distribution of a diary or appointment book which has an attorney’s card printed on the
cover
 Or of a circular concerning specific fields of law in which a lawyer will engage in
 Or containing a digest of laws on a particular subject with lawyer’s name and address
 Posing for photos of incidents connected with case lawyer is handling photos to be
used as illustrations in a newspaper article securing photos with name, address and
vocation…to be published by paying cost thereof;
 Or newspaper’s repeated publication of a laudatory announcement regarding the
attorney
 Procuring a lawyer’s name to be written in an automobile insurance or other policy…
WITH DIRECTION to the insured to contact attorney incase of accident (or other real
probable liability under the policy)
 Using in his letterhead the phrase “remedial law”
 Subscribing to a booklet as the condition for the inclusion of his biography therein
 Furnishing credit reports to an agency in return for promise of future employment” and
offering free legal services to an association with expectation of ultimately profiting thereby
 Accompanying an announcement of the opening or transferring of a law office with
statement that members INTEND TO SPECIALIZE IN CERTAIN TYPES OF LEGAL WORK
 Announcing retirement of a lawyer from a gov’t office with statement telling resumption of
practice of law describing his experience and EXTOLLING HIS ABILITY
 Publishing a professional card in a newspaper
 Requesting business from other lawyers seeking employment…
 a newspaper ad “secret marriage. Php560 for valid marriage…info on guam divorce…free
books…immigration…visa…call marivic”
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.
 partnership among lawyers is common
 in the formation of partnership, non-lawyer should be admitted or held out as a member
 group of lawyers should hold themselves as lawyers if not partnership actually exists
 DECEASED PARTNER, keep name as long as communication indicate partner is deceased
 reason of keeping name: all partners by their joint efforts over a period of years contributed to the
goodwill attached to the firm name
 this GOODWILL is disturbed by a change in firm name every time a partner dies
 Name of law firm - need not identify individual members of the firm
 Continued use of firm name after death of partner NOT A DECEPTION
 Filipino lawyers cannot practice law under the name of a foreign law firm as it cannot practice here.
Using of their firm name here in the Philippines is unethical.
END OF CANON 3
(PART 1)