Professional Documents
Culture Documents
Services
MARK ANDREW CHUA
STEPHEN REY JACOBO
DEFINITION
Solicitation
is a petition for request, enticement or allurement.
Legal Services
Refers to an act of giving helpful activity regarding legal matters.
Reference:
Dictionary.reference.com/browse/service
APPLICABLE LAWS
x x x I will not wittingly or willingly promote or sue any groundless, false or unlawful
suit, or give aid nor consent to the same; I will delay no man for money or malice x x x
CANON 1- A lawyer shall uphold the constitution, obey the laws of the land and
promote respect for law and legal processes.
Rule 1.01- A lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct.
Rule 1.03.A lawyer shall not, for any corrupt motive or interest, encourage any suit or
proceeding or delay in a mans cause.
APPLICABLE LAWS
CANON 2- A lawyer shall make his legal services available in an efficient an
convenient manner compatible with the independence, integrity and
effectiveness of the profession.
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.
APPLICABLE LAWS
CANON 3- A lawyer in making known his legal services shall use only true,
honest, air, 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 orunfair statement or claim
regarding his qualifications or legal services.
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.
APPLICABLE LAWS
CANON 9- A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.
Rule 9.02- A lawyer shall not divide or stipulate to divide a fee for legal services with persons not
licensed to practice law, except:
Where there is a pre-existing agreement with a partner or associate that, upon the latters death,
money shall be paid over a reasonable period of time to his estate or to the persons specified in the
agreement; or
Where a lawyer or law firm includes non-lawyer employees in a retirement plan, even if the plan is
based in whole or in part, on a profit sharing arrangement.
APPLICABLE LAWS
Rule 138- ATTORNEYS AND ADMISSION TO THE BAR
Sec. 20 Duties of attorney. - It is the duty of an attorney: (g) Not to encourage either the
commencement or the continuance of an action or proceeding or delay any mans cause,
from any corrupt motive or interest; xxx
APPLICABLE LAWS
services shall control the amount to be paid therefor unless found by the court to be
unconscionable or unreasonable.
Synopsis: Respondent, in deceiving the complainant by assuring her that he could give her visa and travel
documents and that despite spurious documents nothing untoward would happen, is guilty of violating
Canon 1 of the Code of Professional Responsibility
FACTS: Complainant alleged she was referred to the respondend Atty. Calis who promised to process all
necessary documents required for complainants trip to the USA for a fee of P150,000.
The complainant was deported to the Philippines and respondent fetched her from the airport
and brought her to his residence. Complainant then demanded for the return of her money.
Soliciting by means of
assistance of others.
TAN TEK BENG vs. DAVID
126 SCRA 389
The issue in this case is whether the disciplinary action should be taken against the lawyer David for not
giving Tan Tek Beng, a non lawyer, one half of the attorneys fees received by David from the clients
supplied by Tan Tek Beng. There agreement reads:
Dear Mr. Tan:
In compliance with your request, I am now putting into writing our agreement xxx:
1. On all commissions or attorneys fees that we shall receive from our clients by virtue of the
collection that we shall be able to effect on their accounts, we shall divide fifty-fifty. x x x
2. I shall not deal directly with out clients without your consent.
TIMOTEO A. DAVID
HELD: We hold that the said agreement is void because it was tantamount to
malpractice which is the practice of soliciting cases at law for the purpose of
gain, either personally or through paid agents or brokers.(Sec. 27, Rule 138,
Rules of Court)
Same, p. 66
Synopsis: For advertising his services in connection with his candidacy as provincial board member of the province of
Isabela, and in requesting that his services be disseminated in all meetings and social gatherings, respondent attorney
is suspended for one month.
FACTS: The respondent lawyer, Atty. Tagorda , a member of the provincial board of Isabela, admits that in the last
general elections he made use of a card written in Spanish and Ilocano, which, in translation, reads as follows:
LUIS B. TAGORDAAttorney; Notary Public; CANDIDATE FOR THIRD MEMBER, Province of Isabela. (NOTE.-As notary
public, he can execute for your a deed of sale for the purchase of land as required by the cadastral office; can renew
lost documents of your animals; can make new lost documents of your animals; x x x)
Same, p. 69
Misrepresenting as to a lawyers
connection with a law firm
CANON 3- A lawyer in making known his legal services shall use only true, honest, air, 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 orunfair 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 deceased partner is permissible provided that the firm indicates in all
its communications that said partner is deceased.
Rule 3.03Where 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 concurrently.
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.
MAINTENANCE
It is the intermeddling of an uninterested party to encourage a lawsuit. It is a taking in hand,a bearing up or upholding
or quarrels or sides, to the disturbance of the common right.
AMBULANCE CHASING
It is the lawyers act of chasing an ambulance carrying the victim of an accident for the purpose of talking to the said
victim or relatives and offering his legal services for the filing of a case against the person who caused the accident.
TYPES OF ADVERTISING OR
SOLICITATION NOT PROHIBITED
1.PUBLICATION IN A LAW LIST-Publication of reputable law lists, in a manner consistent with
the standards of conduct imposed by the canons, or brief biographical and informative data.
2.CALLING CARDS- The use of ordinary simple professional card. The card contain only a
statement of his name, the name of the law firm which he is connected with, address,
telephone no., and special branch of law practiced.
3.ANNOUNCEMENT IN OPENING A LAW FIRM- Publication or a public 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.
PENALTY
The penalty for an improper solicitation of legal services is provided by the
following rule:
Rule 138, Sec. 27 Disbarment or suspension of attorneys by Supreme Court;
grounds therefor. A member of the bar may be disbarred or suspended from
his office as attorney by the Supreme Court for any deceit , malpractice xxx.
The practice of soliciting cases at law for the purpose of gain, either
personally or through paid agents or brokers, constitutes malpractice.
REFERENCES
1987 Philippine Constitution
1997 Rules of Court
Code of Professional Ethics
Ernesto Pineda, Legal Ethics
Dennis B. Funa, Legal and Judicial Ethics with bar examination questions
Rufus Rodrigues, Legal Ethics