Ulep vs.

Legal Clinic, 223 SCRA 378

Made by: Christopher Dale D. Weigel

Facts:
Mauricio C. Ulep, petitioner, prays this Court "to order the respondent, The Legal Clinic, Inc., to
cease and desist from issuing advertisements similar to or of the same tenor as that of Annexes `A' and
`B'. And to perpetually prohibit persons or entities from making advertisements pertaining to the exercise
of the law profession other than those allowed by law.”

Annex A

SECRET MARRIAGE?
P560.00 for a valid marriage.
Info on DIVORCE. ABSENCE.
ANNULMENT. VISA. chanrobles virtual law library

THE Please call: 521-0767 LEGAL 5217232, 5222041 CLINIC, INC. 8:30 am- 6:00 pm 7-Flr. Victoria Bldg., UN
Ave., Mla.

Annex B

GUAM DIVORCE.

DON PARKINSON chanrobles virtual law library

an Attorney in Guam, is giving FREE BOOKS on Guam Divorce through The Legal Clinic beginning Monday to Friday
during office hours.
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Guam divorce. Annulment of Marriage. Immigration Problems, Visa Ext. Quota/Non-quota Res. & Special Retiree's
Visa. Declaration of Absence. Remarriage to Filipina Fiancees. Adoption. Investment in the Phil. US/Foreign Visa for
Filipina Spouse/Children. Call Marivic. chanrobles virtual law library

THE 7F Victoria Bldg. 429 UN Ave., LEGAL Ermita, Manila nr. US Embassy CLINIC, INC.  1 Tel. 521-7232; 521-7251;
522-2041; 521-0767

Issue:

Whether or not the services offered by respondent, as advertised constitutes practice of law and,
in either case, whether the same can properly be the subject of the advertisements herein complained of.

Ruling:
Yes. The Supreme Court held that the services offered by the respondent constitute practice of
law. Black defines "practice of law" as:
The rendition of services requiring the knowledge and the application of legal principles
and technique to serve the interest of another with his consent. It is not limited to appearing in
court, or advising and assisting in the conduct of litigation, but embraces the preparation of
pleadings, and other papers incident to actions and special proceedings, conveyancing, the
 preparation of legal instruments of all kinds, and the giving of all legal advice to clients. It
embraces all advice to clients and all actions taken for them in matters connected with the law.
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 offering1. While some of the services being offered by respondent corporation merely involve
mechanical and technical knowhow, such as the installation 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.
What is palpably clear is that respondent corporation gives out legal information to laymen and
lawyers. Its contention that such function is non-advisory and non-diagnostic is more apparent than real.
In providing information, for example, about foreign laws on marriage, divorce and adoption, it strains
the credulity of this Court that all the respondent corporation will simply do is look for the law, furnish a
copy thereof to the client, and stop there as if it were merely a bookstore. With its attorneys and so called
paralegals, it will necessarily have to explain to the client the intricacies of the law and advise him or her
on the proper course of action to be taken as may be provided for by said law. That is what its
advertisements represent and for the which services it will consequently charge and be paid. That activity
falls squarely within the jurisprudential definition of "practice of law."
That fact that the corporation employs paralegals to carry out its services is not controlling. What
is important is that it is engaged in the practice of law by virtue of the nature of the services it renders
which thereby brings it within the ambit of the statutory prohibitions against the advertisements which it
has caused to be published and are now assailed in this proceeding.
It should be noted that in our jurisdiction the services being offered by private respondent which
constitute practice of law cannot be performed by paralegals. Only a person duly admitted as a member of
the bar, or hereafter admitted as such in accordance with the provisions of the Rules of Court, and who is
in good and regular standing, is entitled to practice law.
Anent the issue on the validity of the questioned advertisements. The standards of the legal
profession condemn the lawyer's advertisement of his talents. A lawyer cannot, without violating the
ethics of his profession. advertise his talents or skill as in a manner similar to a merchant advertising his
goods. The prescription against advertising of legal services or solicitation of legal business rests on the
fundamental postulate that the practice of law is a profession. Thus, an advertisement, similar to those of
respondent which are involved in, constitutes improper advertising or solicitation.

1
(Respondents Definition of Legal Support) Legal support services basically consists of giving ready information by
trained paralegals to laymen and lawyers, which are strictly non-diagnostic, 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, like 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, like 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 clients in court; designing and installing computer systems,
programs, or software for the efficient management of law offices, corporate legal departments, courts and other
entities engaged in dispensing or administering legal services.