Pale - 3. Solicitation Of Legal Services

Solicitation of legal services Problem Areas in Legal Ethics Arellano University School of Law – Arellano Law Foundation 2018-2019 

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 

Code of Professional Responsibility

Do not “pirate” a client

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.

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 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.

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:

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Code of Professional Responsibility

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CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS.

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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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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  Thru all means of communication  Solicitation or obtaining of professional employment by any means of communication." - Geffen v. Moss, 53 Cal.App.3d 215, 125 Cal.Rptr. 687 [1975]

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. 

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; A relation as an “officer of the court” to the administration of justice involving thorough sincerity, integrity and reliability; A relation to clients in the highest degree of fiduciary; 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

……… The term "solicit" includes contact in person, by telephone or telegraph, by letter or other writing, or by other communication directed to a specific recipient, but does not include letters addressed or advertising circulars distributed generally to persons not known to need legal services of the kind provided by the lawyer in a particular matter, but who are so situated that they might in general find such services useful.- Shapero v. KBA, 726 S.W.2d 299 (1986)

Rule 2.03 should be read in connection with Rule 1.03 of the CPR

 Pecuniary gain not an element in solicitation  It is axiomatic xxx that a lawyer may not engage in the in-person solicitation of legal business. Even assuming Johnston did not solicit Corcoran for pecuniary gain, [] prohibits in-person solicitation "under any circumstance.”

 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 MAN’S CAUSE.

We have no pecuniary gain requirement. This approach recognizes that face-to-face solicitation by lawyers is "a practice rife with possibilities for overreaching, . . . undue influence, and outright fraud." - Iowa Supreme Court Attorney Disciplinary Board (Board) v. Gregory Alan Johnston732 N.W.2d 448 (2007)

This rule proscribes “ambulance chasing” (the solicitation of almost any kind of legal business by an attorney, personally or through an agent in

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prevent, and thus the application of the Disciplinary Rules in question to appellant does not offend the Constitution.

Solicitation or Ambulance chasing

(a) A lawyer's solicitation of business through direct, in-person communication with the prospective clients has long been viewed as inconsistent with the profession's ideal of the attorney-client relationship and as posing a significant potential for harm to the prospective client.

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) 

(b) The State does not lose its power to regulate commercial activity deemed harmful to the public simply because speech is a component of that activity. (c) A lawyer's procurement of remunerative employment is only marginally affected with First Amendment concerns. While entitled to some constitutional protection, [respondent's] conduct is subject to regulation in furtherance of important state interests. - Ohralik v. Ohio State Bar Assn., 436 U.S. 447 (1978) ……

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 

(d) In addition to its general interest in protecting consumers and regulating commercial transactions, the State bears a special responsibility for maintaining standards among members of the licensed professions, especially members of the Bar. Protection of the public from those aspects of solicitation that involve fraud, undue influence, intimidation, overreaching, and other forms of "vexatious conduct" is a legitimate and important state interest.

Solicitation of a political organization

Appellant, a practicing lawyer in South Carolina who was also a cooperating lawyer with a branch of the American Civil Liberties Union (ACLU), after advising a gathering of women of their legal rights resulting from their having been sterilized as a condition of receiving public medical assistance, informed one of the women in a subsequent letter that free legal assistance was available from the ACLU. Thereafter, the disciplinary Board of the South Carolina Supreme Court charged and determined that appellant, by sending such letter, had engaged in soliciting a client in violation of certain Disciplinary Rules of the State Supreme Court, and issued a private reprimand.

(e) Because the State's interest is in averting harm by prohibiting solicitation in circumstances where it is likely to occur, the absence of explicit proof or findings of harm or injury to the person solicited is immaterial. The application of the Disciplinary Rules to appellant, who solicited employment for pecuniary gain under circumstances likely to result in the adverse consequences the State seeks to avert, does not offend the Constitution. 

Issue: WON the lawyer engaged in unethical solicitation. ……

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.

Solicitation of prospective litigants by nonprofit organizations that engage in litigation as "a form of political expression" and "political association" constitutes expressive and associational conduct entitled to First Amendment protection, as to which government may regulate only "with narrow specificity.”

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The "collective activity undertaken to obtain meaningful access to the courts is a fundamental right within the protection of the First Amendment." - In re Primus, 436 U.S. 412 (1978) 

Champertous contract

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."

Lawyer visited 2 accident victims

He approached two young accident victims at a time when they were especially incapable of making informed judgments or of assessing and protecting their own interests. He solicited [the victim] in a hospital room where she lay in traction, and sought out [the other victim] on the day she came home from the hospital, knowing from his prior inquiries that she had just been released. Appellant urged his services upon the young women. He employed a concealed tape recorder, seemingly to insure that he would have evidence of [victim’s] oral assent to the representation. He emphasized that his fee would come out of the recovery, thereby tempting the young women with what sounded like a cost-free and therefore irresistible offer.

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 

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

…… Held: The Bar, acting with state authorization, constitutionally may discipline a lawyer for soliciting clients in person, for pecuniary gain, under circumstances likely to pose dangers that the State has a right to

On the other hand, acceptance fee refers to the charge imposed by the lawyer for merely accepting the case. This is because once the lawyer

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agrees to represent a client, he is precluded from handling cases of the opposing party based on the prohibition on conflict of interest. Thus, the incurs an opportunity cost by merely accepting the case of the client which is therefore indemnified by the payment of acceptance fee. Since the acceptance fee only seeks to compensate the lawyer for the lost opportunity, it is not measured by the nature and extent of the legal services rendered. – Dalupan v. Gacott, A.C. No. 5067, June 29, 2015 

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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  Professional calling cards may only contain the following details:

A misleading and deceptive public statement

(a) lawyer’s 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

By advertising a free initial consultation and free appointment and later charging the woman for their initial meeting, the respondent made a misleading and deceptive public statement. - In the Matter of Paul J. PACIOR, 770 N.E.2d 273 (2002)  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

Acceptable law list publication

…… 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

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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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 

Limits of solicitation

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 

Rule

in

choosing

a

[law

firm]

name

Uninformative fact 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.

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] 

Brief biographical and informative data

Such data must not be misleading and may include only the following: 1. a statement of the lawyer’s 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;

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 

Telephone directory

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Acceptable publication

A partnership for the practice of law cannot be likened to partnerships formed by other professionals or for business. For one thing, the law on accountancy specifically allows the use of a trade name in connection with the practice of accountancy.

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

A partnership for the practice of law is not a legal entity. It is a mere relationship or association for a particular purpose. ... It is not a partnership formed for the purpose of carrying on trade or business or of holding property." Thus, it has been stated that "the

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use of a nom de plume, assumed or trade name in law practice is improper. 

Philippine Daily Inquirer, which reads: “ANNULMENT OF MARRIAGE Specialist 532-4333/521-2667.”

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”

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

 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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NICOMEDES TOLENTINO LAW OFFFICE CONSULTANCY & MARITIME SERVICES W/ FINANCIAL ASSISTANCE Fe Marie L. Labiano Paralegal

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1st MIJI Mansion, 2nd Flr. Rm. M-01 Tel: 362-7820 6th Ave., cor M.H. Del Pilar Fax: (632) 362-7821 Grace Park, Caloocan City Cel.: (0926) 2701719

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 

Back SERVICES OFFERED: CONSULTATION AND ASSISTANCE TO OVERSEAS SEAMEN REPATRIATED DUE TO ACCIDENT, INJURY, ILLNESS, SICKNESS, DEATH AND INSURANCE BENEFIT CLAIMS ABROAD.

Unacceptable advertisement

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LUIS B. TAGORDA Attorney Notary Public CANDIDATE FOR THIRD MEMBER Province of Isabela

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 respondent’s services instead, in exchange for a loan of P50,000.

(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.) 

Prohibited In re:

advertisement Tagorda, 53

Calling card of Atty. Tolentino

….. Moreover, by engaging in a money-lending venture with his clients as borrowers, respondent violated Rule 16.04:

or solicitation Phil. 37 (1929)

Rule 16.04 – A lawyer shall not borrow money from his client unless the client’s 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

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 toutersof 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.

….. 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, stenographer’s fees for transcript of stenographic notes, cash bond or premium for surety bond, etc.) for a matter that he is handling for the client.

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.

The rule is intended to safeguard the lawyer’s 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

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as his entire devotion and fidelity to the client’s cause. - Linsangan v. Atty. Tolentino, A.C. No. 6672, September 4, 2009 

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Lending money to client

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)

If the lawyer lends money to the client in connection with the client’s 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 client’s cause. - Linsangan v. Atty. Tolentino, A.C. No. 6672, September 4, 2009 

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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] v.

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)

Bayot,

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

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.

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.

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.

Legal assistance service 12 Escolta, Manila, Room, 105 Tel. 2-41-60. 

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 consultoespañol - C.W. Ney, abogado americano."

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Affairs

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)

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]

Director of Religious A.C. No. L-1117, March 20, 1944

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 byproduct of able service and the unwholesome result of propaganda. Ulep vs. Legal Clinic 223 SCRA 378

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]  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

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Volunteer [legal] advice is malpractice

Admonition to a young lawyer

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"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

A disbarred lawyer's name cannot be part of a firm's name

A lawyer who appears under a firm name that contains a disbarred lawyer's name commits indirect contempt of court. - David Yu Kimteng, et. al. v. Atty. Young, et. al., G.R. No. 210554, August 05, 2015

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Moreover, other lawyers do include in their calling cards their former/present titles/positions like President of the Jaycees, Rotary Club, etc., so where then does one draw the line?

 “Informal partnership” vis-a-vis “acting together as a law firm”

…….. In Ulep v. Legal Clinic, Inc., we explained that the use of an ordinary and simple professional card by lawyers is permitted and that 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." In herein case, Judge’s calling cards cannot be considered as simple and ordinary. By including therein the honors he received from his law school with a claim of being a bar topnotcher, Judge [] breached the norms of simplicity and modesty required of judges.

…….. In their defense, respondents admitted that they indeed operated under the name Valencia CioconDabao Valencia De La Paz DionelaPandanRubica Law Office, but explained that their association is not a formal partnership, but one that is subject to certain "arrangements."

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According to them, each lawyer contributes a fixed amount every month for the maintenance of the entire office; and expenses for cases, such as transportation, copying, printing, mailing, and the like are shouldered by each lawyer separately, allowing each lawyer to fix and receive his own professional fees exclusively.

We have previously declared that the use of titles such as “Justice” is reserved to incumbent and retired members of the Supreme Court, the Court of Appeals and the Sandiganbayan and may not be used by any other official of the Republic, including those given the rank of “Justice”. By analogy, the title “Judge” should be reserved only to judges, incumbent and retired, and not to those who were dishonorably discharged from the service.

……. As such, the lawyers do not discuss their clientele with the other lawyers and associates, unless they agree that a case be handled collaboratively. Respondents claim that this has been the practice of the law firm since its inception.

As correctly pointed out by the Investigating Commissioner, the right to retain and use said title applies only to the aforementioned members of the bench and no other, and certainly not to those who were removed or dismissed from the judiciary, such as respondent.

They averred that complainant's labor cases were solely and exclusively handled by Atty. Dionela and not by the entire law firm. Moreover, respondents asserted that the qualified theft case filed by FEVE Farms was handled by Atty. Penalosa, a new associate who had no knowledge of complainant's labor cases, as he started working for the firm after the termination thereof. 

Thank you for your attention!!

Held

As the Court observes, the law firm's unethical acceptance of the criminal case arose from its failure to organize and implement a system by which it would have been able to keep track of all cases assigned to its handling lawyers to the end of, among others, ensuring that every engagement it accepts stands clear of any potential conflict of interest. As an organization of individual lawyers which, albeit engaged as a collective, assigns legal work to a corresponding handling lawyer, it behooves the law firm to value coordination in deference to the conflict of interest rule. This lack of coordination, as respondents' law firm exhibited in this case, intolerably renders its clients' secrets vulnerable to undue and even adverse exposure, eroding in the balance the lawyerclient relationship's primordial ideal of unimpaired trust and confidence. – Anglo v. Attys. Valencia, et. Al., A.C. No. 10567, February 25, 2015 

Use of titles “Justice” and “Judge”

By including self-laudatory details in his professional card, did the Judge violate Canon 2, Rule 2.02 of the Code of Judicial Conduct?

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. ……. Judge [] argues that, per commentary of Justice Ruperto G. Martin, "the use of professional cards containing the name of the lawyer, his title, his office and residence is not improper" and that the word "title" should be broad enough to include a Judge’s legal standing in the bar, his honors duly earned or even his Law School.

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