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CANON 3, RULE 3.

02
ADRIANO E. DACANAY VS. BAKER & MCKENZIE and JUAN G. COLLAS JR., LUIS MA.
GUERRERO, VICENTE A. TORRES, RAFAEL E. EVANGELISTA, JR., ROMEO L. SALONGA,
JOSE R. SANDEJAS, LUCAS M. NUNAG, J. CLARO TESORO, NATIVIDAD B. KWAN and JOSE
A. CURAMMENG, JR.
A.M. No. 2131 May 10, 1985
AQUINO, J.
Prepared By: Justine Iscah F. Madrilejos

FACTS:
Atty. Adriano E. Dacanay, in his 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. Respondents are members of the Philippine bar practicing under the firm name of
Guerrero & Torres. They are likewise members or associates of Baker & McKenzie.

Vicente A. Torres, one of the respondents, made a letter using the letterhead of Baker &
McKenzie. The letter, which contains the names of the ten lawyers, asked Rosie Clurman for the
release of 87 shares of Cathay Products International, Inc. to H.E. Gabriel, a client of the
respondents.

Atty. Dacanay denied any liability of Clurman to Gabriel. He requested that he be informed
whether the lawyer of Gabriel is Baker & McKenzie and the purpose of using the said letterhead.
Not having received any reply, he filed the instant complaint.

CHARGE: Guilty of violation of Canon 3, Rule 3.02 of the Code of Professional Responsibility
NATURE OF CHARGE: Complaint for enjoinment from practicing law

ARGUMENTS OF BOTH PARTIES:


a. Petitioner
The letter sent to the petitioner’s client contained a letterhead of Baker & McKenzie. As
such, Atty. Dacanay, asked to be informed if the lawyer of Gabriel is under the said law
firm; however, there was no answer from the respondents. Hence, the instant complaint.
b. Respondent
The respondents argued that the firm name Baker & McKenzie established a
representation that they can render legal services.

ISSUE:
1. Whether or not the respondents are enjoined from practicing law under the firm name
Baker & McKenzie.

RULING:

1. YES. Baker & McKenzie, being an alien law firm, cannot practice law in the
Philippines. 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.

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.

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