By.

Angelique Arca
Kazuma B. Ozaki
Hendrick Carlo C. Garcia

+ SOLICITATION is a petition for request,

enticement or allurement

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BARRATRY- The offense of persistently instigating lawsuits, typically groundless ones.

Source: http://en.wikipedia.org/wiki/Barratry
AMBULANCE CHASING- A colloquial phrase that is used derisively for a person who is hired by an
attorney to seek out Negligence cases at the scenes of accidents or in hospitals where injured
parties are treated, in exchange for a percentage of the damages that will be recovered in the case.
Also used to describe attorneys who, upon learning of a personal injury that might have been
caused by the negligence or the wrongful act of another, immediately contact the victim for consent
to represent him or her in a lawsuit in exchange for a Contingent Fee, a percentage of the judgment
recovered.

Source:http://legal-dictionary.thefreedictionary.com/Ambulance+chasing

I, do solemnly swear that I will maintain allegiance to the

Republic of the Philippines, I will support the Constitution
and obey the laws as well as the legal orders of the duly
constituted authorities therein; I will do no falsehood, nor
consent to the doing of any in court; 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, and will conduct myself as a
lawyer according to the best of my knowledge and
discretion, with all good fidelity as well to the courts as to
my clients; and I impose upon myself these voluntary
obligations without any mental reservation or purpose of
evasion. So help me God.

Rules of Court
+ 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

Rule 1.03.A lawyer shall not, for any corrupt

motive or interest, encourage any suit or
proceeding or delay in a mans cause.

+ Director or Religious Affairs vs. Bayot, 74 Phil

579
What is it about?- advertisement of services
FACTS: Respondent published an advertisement in a
newspaper the following:

Marriage license promptly secured thru our assistance

and 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.

+ HELD: It is highly unethical for an attorney to

advertise his talents or skill as a merchant

advertise his talents or skill as a merchant
advertises his wares. Law is a profession and
not a trade.

+ In Re: Tagorda, 53 Phil 42

What is it about? solicitation of cases
HELD: It becomes our duty to condemn in no
uncertain terms the ugly practice of solicitation of
cases by lawyers. x x x It results in needless
litigation and in incenting to strife otherwise
peacefully inclined citizens.

+ People vs. McCable, 18 Colo. 186

What is this all about?- advertisement of

services
FACTS: Lawyer advertised the following in a
newspaper:
If you like a divorce, communicate with me, and
your desire will be gratified. No one will know it. x x x
Good everywhere

+ HELD:

This advertisement is highly

reprehensible. It is well calculated to
encourage people to make application for
divorces who might otherwise have refrained
from so doing. It is against good morals public
or private. It is a false representation and a
libel upon the court of justice.

+ Ulep vs. The Legal Clinic, Inc., Bar Matter No.

553, June 17, 1993

What is this all about?- Advertisement of legal
services
FACTS: A lawyer in Guam through the Legal
Clinic is advertising the following: Secret
Marriage? P560 for a valid marriage. Info on
DIVORCE, ABSENCE, ANNULMENT, VISA
x x x Please call:521-0767

HELD: These advertisements are contrary to

Rule 2.03- A lawyer shall not do or permit to
be done any act designed primarily to solicit
legal business; and
Rule 3.01- A lawyer shall not use or permit the
use of any false, fraudulent, misleading,
deceptinve, undignified, self-laudatory or
unfair statement or claim regarding his
qualifications or legal services.

WHEN IS SOLICITATION PERMISSIBLE?

It must be compatible with the dignity of the legal
profession

Use of simple signs stating the name or names of the

lawyers, professional cards bearing the name of the
lawyer or lawyers, the office and residence address
and special lines in law, advertisements in legal
periodicals bearing the same brief data are permissible.
Even the use of calling cards with a formal picture of
the lawyer is now acceptable. (Ulep vs. Legal Clinic,
supra)

+ A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL

MAKE ONLY TRUE, HONEST, FAIR, DIGNIFIED, AND OBJECTIVE

INFORMATION OR STATEMENT OF FACTS

+ It is acceptable in the Code of Professional

Responsibility and in the conduct of the legal

profession for a lawyer to make known to the public
his legal services. He must however do so only by
using TRUE,HONEST, FAIR, DIGNIFIED and OBJECTIVE
INFORMATION OR STATEMENT OF FACTS.

+ However, even if the statements are true and

correct, the manner of making it known must

not be undignified and demeaning to the legal
profession.
Ex. No bill boards or road signs

+ The practice of law is not a trade. Hence, the

normal practice of inviting the public to avail

of the commodity (legal services) using the
usual exaggeration in trade has no room in
the practice of law

+ It is unethical to praise ones self or to tell false

claims on qualifications or quality of legal

services.

+ This RULE is related with RULE 2.03 which reads,

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

designed primarily to solicit legal business.

+ In relation to this, A lawyer should not pretend to a

prospective client just to get the latters trust and

confidence that he is a seasoned trial lawyer and an
expert in a particular law or the so called in lay mans
term abogado de campanilla when in truth and in
fact, he is not and had not even prosecuted or
defended a case yet in his lifetime.

+ Any false pretense intended to defraud,

mislead and deceive or to tout on his

qualifications or quality of his legal services
is unethical. Whether done by himself or by
another with his consent/permission.

WHAT NAME SHOULD A LAWYER ALLOWED

TO USE IN THE PRACTICE OF LAW?
-Only his name inscribed in the roll of atty.
Pangan vs. Ramos.( 93 SCRA 97)

+ The advertisement is not allowed due to

the reasons that, good and ethical lawyers

will be pushed to the sides by moneyed and
unscrupulous ones.
+ It may lead to assertion of fraudulent
claims, corruption of public officials

+ It

will encourage lawyers in overreaching,

overcharging
under
representation
and
misrepresentation

+ Lead to the creation of false status and reputation

of lawyers which in the end will mislead the

public and client to their detriment in reposing
trust and confidence on lawyers who may not be
competent and trustworthy at all.

WHAT IS THE BEST ADVERTISEMENT FOR

LAWYERS?
-Establishment of a well merited reputation for
professional capacity and fidelity to trust.

1. Why is law a profession and not a trade?

(2006 Bar)
Law is a profession and not a trade because its
basic ideal is to render public service and
secure justice for those who seek its aid. The
gaining of a livelihood is only a secondary
consideration

May a lawyer advertise his profession? Explain? [1977 Bar exams]

A lawyer may not advertise his profession. Standard of profession
condemn a lawyer who advertises his talents in a manner similar to
a merchant advertising his goods. Solicitation, in order to be proper
should be compatible with the dignity of the legal profession. If
made in modest and decorous manner, it would bring no injury to
the lawyer or to the bar.
The use of professional cards carrying the name of the lawyer, his
title, his office and his residence maybe proper. Announcements in
periodicals or magazines regarding the opening of a law office or
the foundation of a law partnership containing only names and
addresses are proper.

A lawyer advertised in the newspaper the following.

Can secure annulment of your marriage promptly. Expert in legal
separation cases. Consult anytime.
Is the advertisement proper?
NO. A lawyer in making known his legal services should not use any
false fraudulent, misleading, deceptive, undignified or selflaudatory statements regarding his qualifications and legal services.
The claim that he can secure annulment of marriage promptly is
false and misleading and his claim that he is an expert in legal
separation is self-laudatory. Advertisement constitutes improper
solicitation and violates the sanctity of the institution of marriage
which the state should protect.

SEC. 27, RULE 138

A member of the bar may be disbarred or
suspended from his office as attorney by the
Supreme Court for any deceit, malpractice or
other gross misconduct x x x. The practice of
soliciting cases at law for the purpose of gain,
either personally or thorough paid agents or
brokers, contstitutes malpractice.