Professional Documents
Culture Documents
lawyers are subject to comply with the rules prescribed for the governance of
the Bar including payment a reasonable annual fees as one of
the requirements. The Rules of Court only compels him to pay his annual
dues and it is not in violation of his constitutional freedom to associate. Bar
integration does not compel the lawyer to associate with anyone. He is free
to attend or not the meeting of his Integrated Bar Chapter or vote or refuse
to vote in its election as he chooses. The only compulsion to which he is
subjected is the payment of annual dues. The Supreme Court in order to
further the States legitimate interest in elevating the quality
of professional legal services, may require thet the cost of the regulatory
program
the
lawyers.
Such compulsion is justified as an exercise of the police power of the State.
The right to practice law before the courts of this country should be and is a
matter subject to regulation and inquiry. And if the power to impose the fee
as a regulatory measure is recognize then a penalty designed to enforce its
payment is not void as unreasonable as arbitrary. Furthermore, the Court has
jurisdiction over matters of admission, suspension, disbarment, and
reinstatement of lawyers and their regulation as part of its inherent judicial
functions and responsibilities thus the court may compel all members of the
Integrated Bar to pay their annual dues.
HELD: Yes, The Legal Clinic is engaged in the practice of law however, such
practice is not allowed. The Legal Clinic is composed mainly of paralegals.
The services it offered include various legal problems wherein a client may
avail of legal services from simple documentation to complex litigation and
corporate undertakings. Most of these services are undoubtedly beyond the
domain of paralegals, but rather, are exclusive functions of lawyers engaged
in the practice of law. Under Philippine jurisdiction however, the services
being offered by Legal Clinic which constitute practice of law cannot be
performed by paralegals. Only a person duly admitted as a member of the
bar and who is in good and regular standing, is entitled to practice law.
Anent the issue on the validity of the questioned advertisements, 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
or statement of facts. The standards of the legal profession condemn the
lawyers advertisement of his talents. A lawyer cannot, without violating the
ethics of his profession, advertise his talents or skills as in a manner similar
to a merchant advertising his goods. Further, the advertisements of Legal
Clinic seem to promote divorce, secret marriage, bigamous marriage, and
other circumventions of law which their experts can facilitate. Such is highly
reprehensible.
The Supreme Court also noted which forms of advertisement are allowed.
The best advertising possible for a lawyer is a well-merited reputation for
professional capacity and fidelity to trust, which must be earned as the
outcome of character and conduct. Good and efficient service to a client as
well as to the community has a way of publicizing itself and catching public
attention. That publicity is a normal by-product of effective service which is
right and proper. A good and reputable lawyer needs no artificial stimulus to
generate it and to magnify his success. He easily sees the difference
between a normal by-product of able service and the unwholesome result of
propaganda. The Supreme Court also enumerated the following as allowed
forms of advertisement:
Advertisement in a reputable law list
Use of ordinary simple professional card
Listing in a phone directory but without designation as to his specialization