IPROBLEM AREAS IN LEGAL ETHICS ico, Skylar Songcal) es DILEMMA No.7 : PROBLEM AREAS AND ETHICAL ISSUES IN LAW PARTNERSHIP NAME Discussed in this report are 5 scenarios where ethical ssues may arise concerning law partnership and firm name. ‘SCENARIO 1: use of the name of a deceased partner - > What is a FIRM name? Its defined as the name, title or style under which a company transacts business; ‘© A partnership of two or more persons. Importance: A firm name is necessary to distinguish the partnership which has a distinct and separate Juridical personality from the individuals composing the partnership and from other partnerships and entities, > What name should be included In the firm name? A group of lawyers who desires to establish a partnership for general practice of law may adopt a firm name. However: ‘+ No false name or misleading or assumed name shall be used in the firm name adopted; ‘+ No name not belonging to any of the partners or associates may be used in the firm name for any purpose. + If a partner died, and the continued use of the name is desired by the surviving partners, the name of the deceased may still be used provided, in all the communications of the law firm, there is an indication that the said partner {s already dead. +The use of a cross after the name of the deceased partner is a sufficient indication. Tt is advisable though that the year of death be also indicated. Example: Garcia, Ligot, Reyes(t) Law Office Lanes, Trada, Reyes(+2011) Law Office % In the Metter of the "Petition for Authority to Continue Use of the Firm name "SYCIP, SALAZAR, FELICIANO, HERNANDEZ AND CASTILLO" (92'SCRA 1), the court ruled that the use in their partnership names of the names of the deceased partners will run counter to Article 1815 of the Civil Code which provides, “every partnership shall operate under a firm name which may or may not include the name of one or more of the partners. Those who not being members of the partnership Include their names In the firm name shalll be subject to the lability of the partner.” (Note: this was an old rule, deemied already repeated by Canon 3. Rule 3.02 CPR) Under Canon 3, Rule 3.02 CPR “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 the sald partner is deceased.” iSe (PROBLEM AREAS IN LEGAL ETHICS (Alex Calderon, Jamjoom Guro, Glenn Matulac, Jo-Ann Naoe, Rupert Villarico, Skylar Songeal) = DILEMMA No. 7: PROBLEM AREAS AND ETHICAL ISSUES IN LAW PARTNERSHIP NAME A partnership for the practice of law is not a partnership formed for the purpose of carrying on trade or business or of holding property.” Thus, it hhas been stated that "the use of a nom de plume, assumed or trade name in law practice is improper. ‘The usual reason given for different standards of conduct being applicable to the practice of law from those pertaining to business is that the aw is a profession. The right to practice law is not a natural or constitutional right but is Yin the nature of a privilege or franchise”. Tt is limited to persons of good moral character with special qualifications duly ascertained and certified. The right does not only presuppose in its possessor integrity, legal standing and attainment, but also the exercise of a special privilege, highly personal and partaking of the nature of =a public trust.” ‘The possibilty of deception upon the public, real or consequential, where the name of a deceased partner continues to be used cannot be ruled out. A person in search of legal counsel might be guided by the familiar ring of 2 distinguished name appearing in a firm tite ‘The practice of law is intimately and peculiarly related to the administration of justice and should not be considered like an ordinary "money-making trade.” i. Senator ~ (artce i, Sec 14, 1987 Consttution) ii, Congressman - (article vi, Sec 14,1987 Constitution) — Page 2 iii, Governor/Vice Governor ~ (Sec 90, Republlc Act 7160) iv, Mayor/Viee Mayor - (Sec 9, Republic Act 7160) v. Member of the Provincial/Municipal Council - (Sec 90, Republic Act 7160) and remains to be part of the law firm; ‘+ Section 14. No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or Instrumentalty thereof, Including any government- ‘owned or controlled corporation, or its subsidlary, ring his term of office. He shall not intervene in any matter before any office of the Government for ‘his pecuniary benefit or where he may be called upon to act on account of his office. * Cannon 3, Rule 3,03 CPR Where a partner accepts public office, he shall withdraw from the firm and his name shall be dropped from the firm unless the law allows him to practice law concurrently. ‘RA 7160 or the Local Government Code of 1991, Section 90, Practice of Profession. (2) All governors, city and municipal mayors are Prohibited from practicing their profession ora PROBLEM AREAS IN LEGAL ETHICS (Alex Calderon, Jamjoom Guro, Glenn Matulae, Jo-Ann Ni = Rupert Villarico, Skylar Songcal) DILEMMA No. 7: PROBLEM AREAS AND ETHICAL ISSUES IN LAW PARTNERSHIP NAME engaging in any occupation other than the exercise of their functions as local chief executives. (0) Sanggunian members may practice their professions, engage in any occupation, or teach in schools except during session hours: Provided, That sanggunian members who are also ‘members of the Bar shall not: (1) Appear as counsel before any court in any civil case wherein a focal government unit or any office, agency, or instrumentally of the ‘government is the adverse party; (2) Appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office. (B) Collect any fee for their appearance in administrative proceedings involving the focal government unit of which he is an official; and (4) Use property and personel of the government except when the sanggunian ‘member concerned is defending the interest of the government. (©) Doctors. of medicine may practice their profession even during official hours of work only on occasions of emergency: Provided, that the officials concerned do not derive monetary compensation therefrom. © The name of the partner holding a government position must be removed from the name of the partnership. As cited under the case of Samonte Page 3 vs, Gatdula (A.M. No. P-99-1292 Feb. 26, 1999) where Atty. Gatdula is the RTC ~' Quezon City Branch clerk of court whose name appears in the calling card of the law offices of “Ballgod, Gatdula, Tacardon, Dimallig and Celera.” The Court stated that while he may not be directly and actually employed by the firm, the fact his name appears on the calling card as partner, gives the Impression that he is connected therein and may constitute solicitation. Ratio Decidendi: The conduct and behavior of everyone connected with an office charged with the dispensation of justice, from the presiding judge to the lowliest clerk, should be citcumscribed with the heavy burden of responsibilty. His conduct, at all times must only be characterized by propriety and rn f suspicion, 0 RAG7I3 + Section 7 (b)(2) ‘Outside employment and other activities xxx the public officials or employees shall not x00 engage In the private practice of their profession unless authorized by the Constitution or law, provided that suchipractice will not conflict or tend to conflict with thelr official functions. 200 + Section 9 i > General rule: a public official or ‘employee must avoid conflict of Interest at all times. He shall resign his position in any private business or enterprise 10x the same rule shall apply ‘where the public official ot employee is ‘a partner is a partnership. > Exception: divestment does not apply to those who serve the government in an honorary capacity, — | © Code of Professional Responsibility «Canon 3, rule 3.02| PROBLEM AREAS IN LEGAL ETHICS 1m Guro, Glenn Matulae, Jo-Ann Naoe, Rupert Villarico, Skylar Songcal) DILEMMA No.7: PROBLEM AREAS AND ETHICAL ISSUES IN LAW PARTNERSHIP NAME 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. * Canon 3, rule 3.03 Where a partner accept 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 ‘© Conclusion The rule Is that when a Partner is appointed or holds @ government position, RA 6713 Section 9 required that partner to divest from the partnership Unless he fall under any of the exceptions under RA {6713 Section 9. The reason for such law is to avoid Conflict of interest at all time by the government official or employee, Likewise, in light of Canon 3, rule 3.03, his name must be dropped from the partnership name. The purpose of such is to prevent the law firm or the partners thereof from . making use of the public officia’s or employee's name to attract legal business. Second, his name must be dropped from the partnership name to avoid suspicion of undue influence in the dealings with the office or agency to which the former partner now holds. Lastly, his name must be dropped to avoid confusion on the public as regards his functions with respect to his duty to the public {and not to the interest of a private individual. As stated under the Canons of Professional Ethics (33), that, in the formation of partnerships for the practice of law no person should be admitted or held out as practitioner or member who is not a member of the legal profession duly — Page 4 authorized to practice, and amenable to professional discipline. In a partnership with regards practice of profession it iS not necessary that the actual name of the partnership be changed. If one of the partners ceases to be a partner for the meantime due to certain disqualifications, the lav does not prohibit the use of a partnership other than that of one of the partner even if a partner's name stil appears in the partnership name. But it must specifically be informed to the public, that for the time being, such partner Is not part of the office. It is also provided in the Canons of Professional Ethics (33a) that partnerships among lawyers for the practice of their profession are very common and are not to be condemned. In the formation of partnerships and the use of partnership names, are should be taken not to violate any fav, custom, or rule of court locally applicable. Where partnerships are formed between lawyers who are not all admitted to practice in the courts of the state, care should be taken to avoid any misleading name or representation which would create a false impression as to the professional position or privilege of the member not locally admitted. i, CVC Law Office although its registered name is Villaraza_ Cruz. Marcelo BAngangco.Note that CVC may actually refer to CarpioVillaraza& Cruz, and that Carpio is now a senior member of the ‘Supreme Court ii, MOST Law Office also known as Marcos Ochoa Serapio& Tan. Since Ochoa has joined the government, the partnership name was amended to MOST with the letter “O” standing for the name of Ochoa2 “APROBLEM AREAS IN LEGAL ETHICS (Alex Calderon, Jamjoom Guro, Glenn Matulte, Jo-Ann Naoe, Rupert Vilarico, Skylar Songee!) a ee = DILEMMA No. 7: PROBLEM AREAS AND ETHICAL ISSUES IN LAW PARTNERSHIP NAME Rule 7.1 Communications Concerning A Lawyer's Services A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it contains a material misrepresentation of fact or law, fr omits a fact necessary to make the statement considered as a whole not materially misleading. Rule 7.5 Firm Names And Letterheads (2) A lawyer shall not use a firm name, {etterhead or other professional designation that violates Rule 7.1. A trade name may be used by a lawyer in private practice if it does not imply a connection with a government agency or with a public or charitable legal services organization and is not otherwise in violation of Rule 7.1. (d) Lawyers may state or imply that they practice in a partnership or other ‘organization only when that is the fact. (ABA, Rules of Professional Ethics) With regard to paragraph (d), lawyers. sharing office facilities, but who are not in fact associated with each other in a law firm, may not denominate themselves as, for exemple, "Smith and Jones," for that title suggests that they are practicing law together in a firm. (comments of the ABA) ae Page 5 ‘A nominal partner: [is a partner In name only.) held out to the world as a partner without actually patticipating in the profits and losses of the business. ["Nominal" = in name only, For example, such @ person might be lending his name and reputation to raise the confidence of{ customers or lending institutions and bring their ‘goodwill. For ‘example, a prominent citizen might fend his name to his son's new business. When a partner withdraws from a firm, but allows his name to be used as before, or if one lends his ‘name to a firm [nominal partner], in either case he is held responsible to third persons asia partner. A partnership in the practice of law is a mere relationship or association for such particular Purpose. It is not a legal entity.) It is not a partnership formed for the purpose of carrying on @ trade or business or of holding property. It is not a business or enterprise for profit. Nor! can it sue or be sued. (Agpalo, Legal and Judicial Ethics) A professional law partnership, even if registered, with the Securities and Exchange Commission, is rnot even a taxpayer and any lawyer practicing law under a law partnership Is considered a solo Practitioner who is the taxpayer and not the partnership. (Tan v. Del Rosario, Jr.) In the formation of partnerships for the practice of law, no person should be admitted or held out as a practitioner or member who Is not a member of the legal profession duly authorized to ‘practice, and amenable to professional discipline. Since it is not a partnership formed for the purpose Of carrying onPROBLEM AREAS IN LEGAL ETHICS (Alex Calderon, Jamjoom Guro, Glenn Matulac, Jo-Ann Naoe, Rupert Villarico, Skylar Songcal) ee fe = Paes DILEMMA No. 7: PROBLEM AREAS AND ETHICAL ISSUES IN LAW PARTNERSHIP NAME trade or business or of holding property. (Agpalo, Legal and Judicial Ethics) In such case, itis the individual partners, and not the partnership, who engage in the practice of the profession and are responsible for their own acts as such, While the partnership relation may be informally created and its existence proved by manifestations of the parties, it is customary to embody the terms of the association in a written document known as the “Articles of Partnership” stating the name, nature or purpose and location of the firm, and defining, among others, the powers, rights, duties and liabities of the partners among themselves, thelr contributions, the manner by which the profits and losses are to be shared, and the procedure for dissolving the partnership. (Ge Leon, Partnership, ‘Agency and Trusts) But a partnership may be created without any definite intention to create it. It is the substance and not the name of the arrangement, which determines the legal relationship, although the designation adopted by the parties should be considered indicative of their intention. (De Leon, Partnership, Agency and Trusts) Baker & McKenzie (Adm. Case No. 2131), 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 & McKenzié is a professional. partnership organized in 1949 in Chicago, Tlinois with members and associates in 30 cities around the world. Respondents, asidé from being members of the Page 6 Philippine bar, practicing under the firm name of Guerrero & Torres, are members or associates of Baker & Mckenzie, ‘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" (p. 3, respondents’ memo). This is unethical because Baker & McKenzie Is not authorized to practice law here. | CASES: > In the case of ULEP v. Legal Clinic Inc (223, SCRA 378), the court stated that the Practice of law Involves any activity, in or out of the court, Which requires the application of law, legal procedures, knowledge, training and expertise ‘+ To engage in the practice is to perform those acts which are characteristic of the profession; to give advice or render any kind of service that involves legal knowledge/skil + Not limited to the conduct of cases in court; includes legal advice and counsel and preparation of legal instruments and contracts by which legal rights are secured regardless of whether or not they‘re pending in court,ee (PROBLEM AREAS IN LEGAL ETHICS (Alex Calderon, Jamjoom Guro, Glenn Matula, Jo-Ann Nace, Rupert Villaric, Skylar Songee!) ee DILEMMA No. 7: PROBLEM AREAS AND ETHICAL ISSUES IN LAW PARTNERSHIP NAME The contention of respondent that it merely offers legal support services can neither be seriously considered nor sustained. Said proposition is belied by respondent's own description of the services it has been offering, to wit: Legal support services basically consists of: ‘giving ready information by trained paralegals to laymen and lawyers, which are strictly non-dlagnastic, non-advisory, through the extensive use of computers and modern information technology in the gathering, processing, +—storage, transmission and reproduction of information and communication, such as computerized legal research; encoding and reproduction of documents and pleadings prepared by laymen or lawyers; document search; evidence gathering; locating parties or witnesses to a case; fact finding ‘investigations; ‘and assistance to laymen in need of basic institutional services from government or non-government agencies, ke birth, ‘marriage, property, or _—_business registrations; educational or employment records or certifications, obtaining documentation like clearances, passports, local or foreign visas; giving information about laws of other countries that they may find useful, tke foreign divorce, ‘marriage or adoption laws that they can avail of preparatory to emigration to the foreign country, and other matters that do ‘not involve representation of clents in court; designing and installing computer systems, programs, or software for the efficient management of Jaw offices, Page 7 corporate legal departments, courts and other entities engaged in dispensing or aciministering legal services. | While some of the services being offered by respondent corporation merely involve ‘mechanical and technical knowhow, such as the instalation of computer systems and programs for the efficient management of law offices, or the computerization of research aids and ‘materials, these will not suffice to justify an ‘exception to the general rule. “The fact that they employ paralegals to carry out its services doesn’t matter; what's important is that it’s ‘engaged in the practice of law ‘cause of the nature Of the services it renders, which brings it within the statutory prohibitions against ads only’ person duly admitted as a member of the bar and who's in good and regular standing is entitled to the practice of law + public. policy requires that the practice of law be limited to those individuals found duly qualified in education and character to protect the public, court, client and bar from incompetence/dishonesty of those Unlicensed to the practice and not subject tothe dlscipline of court. | The Code of Professional Responsibility provides that a lawyer, In.making known his legal services, shall use only true, honest, fair, \dignified and objective information/statement of facts; ‘+ not supposed to use any false, fraudulent, misleading, deceptive, undignified, self- laudatory or unfair statethent re his qualifications/legal services;PROBLEM AREAS IN LEGAL ETHICS (Alex Calderon, Jamjoom Guro, Glenn Matulac, Jo-Ann Naoe, Rupert Villarico, Skylar Songeal) DILEMMA No.7: PROBLEM AREAS AND ETHICAL ISSUES IN LAW PARTNERSHIP NAME ‘+ not supposed to pay representatives of the ‘mass media in return for publicity to attract legal business ‘Canons of professional Ethics (before CPR) provides that lawyers shouldn't resort to indirect ads for professional employment like furnishing newspaper comments, publishing his pictures with causes the lawyer's been engaged in, importance of his position and other self-laudation. Stands of legal profession condemn fawyer's advertisement of his talents like a merchant does of hls goods because of the fact that law is a profession. ‘The canons of 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 eared as the outcome of character and conduct Good and efficient service to a client and the community has a way of publicizing itself and catching public attention; this shouldn't be done thru propaganda. EXCEPTIONS: 1, Expressty allowed ~ publication in reputable law lists of informative data that’s not misleading and may include only: name, professional assoc, adds, ‘nos, branches of law practiced, date and place of birth and admission to the bar, schools attended w/ dates of grad, degrees , public offices, posts of honor, legal authorships, legal teaching positions, membership and offices in bar association, legal and scientific societies and legal fraternities, listings in other reputable law lists, names and: adds of references with written consent and clients regularly represented Page 8 ‘© cant be mere supplemental feature of paper, magazine, trade journal or periodical that’s published for other purposes * never in a law list that are calculated or likely to deceive/injure the public/the bar or lower the dignity/standing of the profession «ordinary simple professional card allowed ~ name, law firm, add, no and special branch of law practiced ‘* publication of simple announcement of the opening of a law firm or change in partnership, assoc, firm name or office add, for the convenience of the profession + have name listed in phone directory but not Under designation of special branch of law 2. Necessarily implied from the restrictions In Bates v. State Bar of Arizona: it allowed a lawyer to publish a statement of legal fees for an initia! consultation or give, upon request, a written schedule of fees or estimate for specific services as ‘an exception to the prohibition against advertisements by lawyers, j In Linsangan v. Tolentino, (A.C. No. 6672), A complaint for disbarment was filed by Pedro insangan against Atty. Nicomedes Tolentino for solicitation of clients and encroachment of professional services.‘PROBLEM AREAS IN LEGAL ETHICS Glenn Matulac, Jo-Ann Naoe, Rupert Villarico, Skylar Songeal) DILEMMA No. 7 : PROBLEM AREAS AND ETHICAL ISSUES IN LAW PARTNERSHIP NAME, CANON 3, Code of Professional Responsibility states that, A lawyer In making known his legal services shall use only true, honest, fair, dignified ‘and objective information or statement of facts. ‘Time and time again, lawyers are reminded that the practice of law is a profession and not a business; lawyers should not advertise thelr talents as merchants advertise their wares. To allow a lawyer to advertise his talent or skill is to commercialize the practice of law, degrade the profession in the public's estimation and impair its ability to efficiently render that high character of service to Which every member of the bar is called. Rule 2.03 of the CPR provides: RULE 2.03. A lawyer shall not do or permit to be done any act designed primarily to solicit legal business, Hence, lawyers are prohibited from soliciting cases for the purpose of gain, elther personally or through paid agents or brokers. Such actuation Constitutes malpractice, a ground for disbarment. Rule 2.03 should be read in connection with Rule 1,03 of the CPR which provides: RULE 1.03. A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man's cause. This rule proscribes "ambulance chasing’ (the solicitation of almost any kind of legal business by an attorney, personally of through an agent in Order to gain employment) as a measure to protect the community from barratry and champerty. A lawyer's best advertisement is a well-merited reputation for professional capacity and fidelity to trust based on his character and conduct. For this, ‘reason, lawyers are only allowed to announce their services by publication in reputable law lists or use Of simple professional cards, a = Page 9 Labiano's calling card contained the phrase ‘with financial assistance." The phrase was clearly used to entice clients (who already had representation) to change counsels with a promise of loans to finance their legal actions. Money was dangled to lure clients away from thelr original lawyers, thereby taking advantage of their financial distress and emotional vulnerability. This crass commercialism degraded the integrity of the bar and deserved no place in the legal profession, However, in the absence of substantial evidence to prove his culpability, the Court is not prepared to rule that respondent was personally and directly responsible for the printing and distribution of Labiano's calling cards Provided in the Rules of Court, Rule 138, Section 27, Disbarment or suspension of attorneys by Supreme Court; grounds therefor. — & 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 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 's required to take before admission to practice, or for a willful 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, elther personally or through paid agents or brokers, constitutes malpractice. Do you see any unfair or undue advantage extended to these firms if they would'be allowed to use in the partnership name the name of a former partner who has either been elected in office or appointed to a government position? | Answer:(Alex Calderon, Jamjoom Guro, Gl Matul PROBLEM AREAS IN LEGAL ETHICS Jo-Ann Nave, Rupert Villarico, Skylar Songeal) DILEMMA No. 7: PROBLEM AREAS AND ETHICAL ISSUES IN LAW PARTNERSHIP NAME, Logically speaking, yes. As the Supreme Court held in the case of "Registry of Deeds of Manila vs. China Banking Corporation, GR. L-11964, June 16, 1958", in view of the personal and confidential nature of the relations between attorney and client, and the high standards demanded in the canons of professional ethics, no practice should be allowed which even in a remote degree could Give rise to the possibilty of deception: Said attorneys are accordingly advised to drop the fname PERKINS from their fim name. Discuss also the role of an “Of Counsel” and the ethical implications if the Of Counsel is a former government official and the law firm to which he is connected with has cases or projects before the agency that said government official formerly headed. ‘An Of Counsel is a counsel employed by a party in 2 cause, and particularly to one employed to assist In the preparation or management of an action or ‘ts presentation on appeal, but who is not the Principal of record for a party. May.also refer to a retired or semiretired member of a lawfirm, or an outside attorney that only does occasional or special legal work for the firm. Relevant Rule(s): * Republic Act No. 6713 "AN. ACT ESTABLISHING A CODE OF INDUCT AND iL ‘STANDARDS FOR PUBLIC. Page 10 —_ OFFICIALS AND EMPLOYEES, TO.UPHOLD THE TIME- HONORED PRINCIPLE OF PUBLIC OFFICE BEING A_ ‘GRANTII INCENTIVES AND REWARDS. FOR EXEMPLARY SERVICE, . ENUMERATING PROHIBITED. ACTS AND TRANSACTIONS. VII . FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES” Section 7. Prohibited Acts and Transactions. - Jn addition to acts and omissions of public officials and employees now’ prescribed In the Constitution and existing laws, the following shall constitute prohibited acts and transactions of ‘any public official and employee and are hereby declared to be unlawful: (b) Outside employment and other activities related thereto, - Public officials and employees during their Incumbency shall not: (2) Engage in the private practice of their profession unless authorized by the Constitution or law, provided, that such practice will not conflict or tend to conflict with thelr official functions; or 000000 These prohibitions shall continue to apply for a ‘period of one (1) year after resignation, retirement, ‘or separation from public office, except in the case of subparagraph (b) (2) above, but the professional concerned cannot practice his profession in connection with any matter before the office he.used to be with, in which case the one-year prohibition shall Ikewise apply.ee PROBLEM AREAS IN LEGAL ETHICS (Atex Calderon, Jamjoom Guro, Glenn Matula, Jo-Ann Naoe, Rupert Vilarco, Skylar Songeal — DILEMMA No. 7: PROBLEM AREAS AND ETHICAL ISSUES IN LAW PARTNERSHIP NAME Section 13. Penalties. - s0000%x Violations of Sections 7, 8 or 9 of this Act shall be punishable with imprisonment not exceeding five (5) years, or a fine not exceeding five thousand pesos (P5,000), ‘or both, and, in the discretion of the court of competent jurisdiction, disqualification to hold public offic. % Canon 6, Rule 6,03 CPR ~ a lawyer shall not, after leaving government service, accept engagement or employment in connection with any mater in which he had intervened while in said service. (Relate to RA 6713) ° AC No. 1995 Atty. Cedo was a former Asst, Vice-President of the Asset Management Group of PNB. After his severance from said bank, he appeared as counsel for parties involving cases against PNB. Tt was proved that subject transactions ‘occurred during respondent's employment with PNB, and that he has a direct pafticipation on said transactions. No consent what so ever was given by PNB to Atty. Cedo to appear as ‘counsel for opponents. Held: Atty. Cedo was suspended for the Practice of law for three years. The act complained upon constitutes not only a violation of Canon 6, Rule 6.03, but as well Canon 15, Rule 15.03 which provides, "a lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts.” — Page 11