Diwa Rafael B.

Bontuyan 4B LAW AND VALUES ASSIGNMENT

THE PRACTICE OF LAW IS SHOULD NOT BE VIEWED AS A BUSINESS VENTURE

The practice of law should not be considered a business venture. Under the Code of Professional Responsibility, a lawyer shall not do or permit to be done any act designed primarily to solicit legal business and a lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant. Furthermore, under Rule 138, Sec. 27 of the Rules of Court, it states that the law prohibits lawyers from soliciting cases for the purpose of gain, either personally or through paid agents or brokers, and makes the act malpractice. Since the practice of law is not considered a business, advertisements should be limited or restricted. In IN RE: LUIS B. TAGORDA (53 PHIL 37), it states that to allow a lawyer to advertise his talent or skill is to commercialize the practice of law, lower the profession in public confidence and lessen his ability to render efficiently that high character of service to which every member of the bar is called. Its destructive of the honor of a great profession. It lowers the standards of that profession. It works against the confidence of the community in the integrity of the members of the bar. It results in needless litigation and in incenting to strife otherwise peacefully inclined citizens. In Time and time again, lawyers are reminded that the practice of law is a profession and not a business; lawyers should not advertise their 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 publics estimation and impair its ability to efficiently render that high character of service to which every member of the bar is called. In DOMINADOR P. BURBE vs. ATTY. ALBERTO C. MAGULTA (AC No. 99-634) the Supreme Court reiterates that In members of the bar often forget that the practice of law is a profession and not a business. Lawyering is not primarily meant to be a money-making venture, and law advocacy is not a capital that necessarily yields profits. The gaining of a livelihood is not a professional but a secondary consideration. Duty to public service and to the administration of justice should be the primary consideration of lawyers, who must subordinate their personal interests or what they owe to themselves. The practice of law is a noble calling in which emolument is a byproduct, and the highest eminence may be attained without making much money. Lastly, in LINSANGAN VS TOLENTINO (A.C. No. 6672) the Court reminds that he practice of law is a profession and not a business; lawyers should not advertise their 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 publics estimation and impair its ability to efficiently render that high character of service to which every member of the bar is called.

However, even though the practice of law should not be considered as a business, not all types of advertisement are prohibited. In ULEP VS. LEGAL CLINIC (223 SCRA 378), the court enumerated the allowed forms of advertisement, to wit: 1. Publication of reputable law lists, in a manner consistent with the standards of conduct imposed by the canons, or brief biographical and informative data. 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. Publication or a public announcement of the opening of a law firm or of changes in the partnership, associates,

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