Professional Documents
Culture Documents
Introduction:
Being a lawyer, we are at the core of our main duty to help those who are in
need, oppressed and in distress but not at the expense of the administration of justice.
A major part of the profession is being ready when unseen circumstances come our
way - however, some happenstances take it a little too far. After an accident, most
people are at the height of their pain, anger, agony and confusion. These emotions lead
to a rushed decision that one individual may later regret when he/she seeks
compensation for the damages and injuries. There are many lawyers across the
Philippines that try to capitalize on other peoples misfortunes. Hence, the term
Ambulance chasing which is an unfortunate side effect of the practice of law. One of
the ways on how they do this is that lawyers target one individual for representation the
while you are in an ambulance, the term also encompasses other approaches, like
nurse in a hospital, or receiving a phone call from an attorney at home after an accident.
Now, there is nothing wrong with the attorney coming to meet you in the hospital, but
this should happen only after you or a family member has contacted said Attorney.
Dizon1 said that ambulance chasing refers to the practice of soliciting legal
business from accident victims or their families at the scene of an accident or disaster. It
is a blatant solicitation in which a lawyer urges injured people to employ the lawyer to
represent them. Literally speaking, they follow victims to the hospital and accident
the consent of representation from the victim or the victim's family members during such
mishap is considered highly unethical. It is heavily frowned upon by those who aim to
1
Dizon, Theresa. Embracing The Legal Profession. REX Bookstore, Quezon City (2012). Pp35
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FLORES, Arienne; GARCIA, Clyde; JIMENEZ, Angeli; MOLINA, Zahreena; NOMBRES,
Clarissa (Group IV)
G01 Legal Profession
keep the profession, a noble one. This only means that a lawyer must always uphold
the highest moral conscience and value when it comes to the practice of law.
(2009)2
The case at bar is a complaint for disbarment filed by Pedro Linsangan against
services. Complaint alleged that respondent, with the help of paralegal Fe Marie
them financial assistance and expeditious collection on their claims. To induce them to
hire his services, he persistently called them and sent them text messages. To support
his allegations, complainant presented the sworn affidavit of James Gregorio attesting
that Labiano tried to prevail upon him to sever his lawyer-client relations with
complainant and utilize respondents services instead, in exchange for a loan of P50,
defense, denied knowing Labiano and authorizing the printing and circulation of the said
calling card. Hence, we question whether or not Tolentinos actions warrant disbarment.
The Supreme Court ruled that, yes, according to Rule 2.03 of the CPR provides that 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,
malpractice, a ground for disbarment. Rule 2.03 should be read in connection with Rule
1.03 of the CPR which provides that lawyer, shall not for any corrupt motive or interest,
encourage any suit or proceeding or delay any mans cause. This rule proscribes
protect the community from barratry and champerty. In the case at bar, complainant
2
Linsangan v. Tolentino, A.C. No. 6672, September 4, 2009.
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FLORES, Arienne; GARCIA, Clyde; JIMENEZ, Angeli; MOLINA, Zahreena; NOMBRES,
Clarissa (Group IV)
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presented substantial evidence (consisting of the sworn statements of the very same
respondent indeed solicited legal business as well as profited from referrals suits.
Through Labianos actions, respondents law practice was benefited. Hapless seamen
respondent could produce a more favorable result. Based on the foregoing, respondent
clearly solicited employment violating Rule 2.03, and Rule 1.03 and Canon 3 of the CPR
and section 27, Rule 138 of the Rules of Court. Any act of solicitations constitutes
malpractice which calls for the exercise of the Courts disciplinary powers. Violation of
prospective client for the purpose of obtaining employment. Thus in this jurisdiction, the
Court adheres to the rule to protect the public from the Machiavellian machinations of
unscrupulous lawyers and to uphold the nobility of the legal profession. Canon 2: A
lawyer shall make his legal services available in an efficient and convenient manner
compatible with the independence, integrity and effectiveness of the profession. Rule
2.03: A lawyer shall not do or permit to be done any act designed primarily to solicit
legal business.
ambulance chasing
Canon 1: A lawyer shall uphold the constitution, obey the laws of the land and promote
Canon 1 of the Code of Professional Responsibility states the first and foremost
duty of a lawyer to maintain allegiance to the Republic of the Philippines, uphold the
Constitution and obey the laws of the land. Beyond this duty, a lawyer still has to play
the role of a servant of the law as he belongs to a profession to which society has
entrusted the administration of law and dispensation of justice. As such, a lawyer should
make himself an example for others to emulate (Lee v. Tambago, A.C. No. 5281,
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FLORES, Arienne; GARCIA, Clyde; JIMENEZ, Angeli; MOLINA, Zahreena; NOMBRES,
Clarissa (Group IV)
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times observe proper decorum and respect to the law and legal processes and not by
any means creating and following his or her own version of legal profession.
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct.
lawyers professional capacity or in his private life or in his private transactions. This is
because a lawyer may not divide his personality as to be an attorney at one time and a
mere citizen at another, and his private life may reflect unfavorably upon the good name
and prestige of the profession and the courts. It is a lawyers duty to act with honesty,
morality and lawful Conduct. Any of the three would be sufficient ground to file
violation of a law need not to be committed in relation to his professional duties; the
lawyer may be sanctioned for acts committed in his private affairs. Unlawful conduct is a
transgression of any provision of law which not need to be a penal law. The presence of
evil intent on the part of the lawyer is not essential in order to bring his act of omission
within the terms of this rule. Dishonest act denotes an absence of integrity, a disposition
wilful, shameless and has a moral indifference to the opinion of the good and
depravity in the duties which one person owes to another or to society in general which
is contrary to the usually accepted and customary rule of right and duty which a person
should follow. Thus, it is an act contrary to justice, good morals and modesty. Crimes
involving moral turpitude are falsification of public documents, bribery, estafa, murder,
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or
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FLORES, Arienne; GARCIA, Clyde; JIMENEZ, Angeli; MOLINA, Zahreena; NOMBRES,
Clarissa (Group IV)
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advances the honor of his profession and the best interest of his client when he renders
services tending to impress upon the client and his undertaking exact compliance with
Lawyers are expected not to promote or assist an organization which will violate
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or
A lawyer has a duty against barratry which is the offense of frequently exciting or
stirring up quarrels and suits, either at law or otherwise and this rule prevents
advice to bring lawsuit comes within the prohibition, except where ties of blood,
relationship, and trust make it a duty to do so as stated in the Rules of Court, Canons of
Professional Ethics, Canon 28. A lawyer owes to the society and to the court the duty
not to stir up litigation. It Is their duty to encourage suits or legal actions with noble intent
to pursue or protect a right a person and not to delay any mans cause which was also
Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a
It is a lawyers duty to promote fair and amicable settlement and not an instigator
encouraged. As held in the case of Castaneda vs Ago, July 30, 1975, it is the duty of a
counsel to advise his client, ordinarily a layman to the intricacies and vagaries of the
law, on the merit or lack of merit of his case. If he finds that his client's cause is
defenseless, then it is his bounden duty to advise the latter to acquiesce and submit,
rather than traverse the incontrovertible. A lawyer must resist the whims and caprices of
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FLORES, Arienne; GARCIA, Clyde; JIMENEZ, Angeli; MOLINA, Zahreena; NOMBRES,
Clarissa (Group IV)
G01 Legal Profession
his client, and temper his clients propensity to litigate. A lawyer's oath to uphold the
cause of justice is superior to his duty to his client; its primacy is indisputable.
General rule, lawyers may bind their clients in any case by any agreement made
in writing. However, he may not compromise his clients litigation. If the client is not
cannot be heard to complain later as held in the case of Melendrez vs Decena, AM No.
2104, August 24, 1989. Rules of Court, Rule 18, Section 2 on Pre-trial, Local
Government Code and Judicial Dispute Resolution provide rules which mandate the
of ambulance chasing where he can have the opportunity to seek and represent clients,
and charge them with exorbitant fees. Unfortunately, the practice of ambulance chasing,
especially the charging of unconscionable fees, is not only scandalous, but also
debases the integrity and dignity of the legal profession, contrary to Canon 7 and Rule
Responsibility states that a lawyer shall at all times uphold the integrity and dignity of
the legal profession. And Rule 7.03 requires that a lawyer shall not engage in conduct
that adversely reflects on his fitness to practice law, nor shall he, whether in public or
private life, behave in a scandalous manner to the discredit of the legal profession. In
light of these canons, a lawyer is bound to uphold the integrity and dignity of the legal
profession by not acting or behaving in a manner that debases the legal profession.
In the case of Resurreccion v. Sayson (A.C. No. 1037, December 14, 1998), the
Supreme Court has recognized the legal profession as a noble profession, and that
the privilege to practice law is bestowed only upon individuals who are competent
intellectually, academically and, equally important, morally. Because they are vanguards
of the law and the legal system, lawyers must at all times conduct themselves,
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FLORES, Arienne; GARCIA, Clyde; JIMENEZ, Angeli; MOLINA, Zahreena; NOMBRES,
Clarissa (Group IV)
G01 Legal Profession
especially in their dealings with their clients and the public at large, with honesty and
lawyers are likely to circulate pejorative publicity about the legal profession. Moreover,
they are likely to entertain low opinion about the legal profession.
This means that a lawyer must exercise restraint and be vigilant of himself to
avoid being embroiled in situation or practices that could prevent the realization of that
justice. This is true because lawyers are officers of court, as stated by the Supreme
Court through Justice Malcolm in the case of Arce v. Philippine National Bank (G.R. No.
L-43053, December 9, 1955). Lawyers form part of the machinery of the law for the
administration of justice (Hilado v. David, G.R. No. L-961, September 21, 1949). In the
case of City Sheriff, Iligan City v. Fortunado (G.R. No. 80390, March 27, 1998), the
Supreme Court describes the nature of the office of lawyer in this way:
[A] lawyer is, first and foremost, an officer of the court. His
duties to the court are more significant than those which he
owes to his client. His first duty is not to his client but to the
administration of justice; to that end, his client's success is
wholly subordinate; and his conduct ought to and must
always be scrupulously observant of the law and ethics of
the profession.
states that a lawyer shall encourage his clients to avoid, end or settle a controversy if it
will admit of a fair settlement. In other words, if mere settlement would be enough to
give a client that which is due him, a lawyer should not encourage the client to file suit in
court. In the case of De Ysasi III v NLRC (G.R. No. 104599, March 11, 1994), the
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FLORES, Arienne; GARCIA, Clyde; JIMENEZ, Angeli; MOLINA, Zahreena; NOMBRES,
Clarissa (Group IV)
G01 Legal Profession
Supreme Court says that a lawyer should serve as a mediator for concord and a
of conflict and resist the whims and caprices of [his] clients and to temper the latters
propensity to litigate because the Lawyers Oath to uphold the cause of justice is
superior to his duty to his clients (Visbal v. Buban, A.M. No. MTJ-02-1432, September
3, 2004).
officers of courtmust exercise restraint, serve as mediators and conciliators, and not
instigate legal conflicts and induce injured people to file suits in court. Otherwise, they
would aggravate the already clogged court dockets which leads to so much delay in the
adjudication of cases, especially those which are worthy of the courts time and energy.
Canon 20
chasing lawyers may cause the people to think of the legal profession as a profession
composed of lawyers who are akin to predators preying on the plight of their clients.
Moreover, they do not maintain the noble character and honor of the legal profession.
Instead, they turn the legal profession into a money-making business. Justice Malcolm
emphatically states, in the case of Arce v. Philippine National Bank (G.R. No. L-43053,
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FLORES, Arienne; GARCIA, Clyde; JIMENEZ, Angeli; MOLINA, Zahreena; NOMBRES,
Clarissa (Group IV)
G01 Legal Profession
Professional Responsibility which requires that a lawyer shall charge only fair and
reasonable fees. Although a lawyer has a right to compensation for services rendered,
Bank, supra, the Supreme Court states that lawyers are entitled to have and recover
from their clients a reasonable compensation for their services rendered with a view to
the importance of the subject matter of the controversy, to the extent of the services
compensation (Dee v. Court of Appeals, G.R. No. 77439, August 24, 1989). But as a
rule, if the amount of lawyers fees due is reduced in writing, that agreement if
the agreement may be set aside, in which cases, the doctrine of quantum meruit may
Audit (G.R. No. 95398, August 16, 1991) explains that where payment is based on
quantum meruit the amount of recovery would only be the reasonable value of the thing
And in determining the amount of lawyers fees, certain factors are considered.
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FLORES, Arienne; GARCIA, Clyde; JIMENEZ, Angeli; MOLINA, Zahreena; NOMBRES,
Clarissa (Group IV)
G01 Legal Profession
However, all these canons and doctrines are set aside when a lawyer engages in
this immoral, unethical, and appalling practice of ambulance chasing and exact as much
money as he can from his clients, even if the amount becomes unconscionable or
unreasonable.
Clients of ambulance chasing lawyers clearly end up suffering. And the damage
extends to the legal profession as people lose confidence in it due to some of its
members who have fallen short of the exacting standards expected of them as
Ambulance Chasing and the Seafarers Protection Act (RA No. 10706)
On 26 November 2015, Republic Act No. 10706 (An Act Protecting Seafarers
against Ambulance Chasing and Excessive Fees and Providing Penalties Therefor),
otherwise known as Seafarers Protection Act, was signed into law. This law was a
lawyers or notof taking advantage of the plight of seafarers who met accident, illness,
or death in the course of their service by engaging in ambulance chasing (Sec. 2).
personally or through an agent, from seafarers, or their heirs, the pursuit of any claim
against them employers for the purpose of recovery of monetary claim or benefit,
amount or fee which shall be retained or deducted from the monetary claim or benefit
granted to or awarded to the seafarers or their heirs. Simply put, ambulance chasing is
injured seafarers or their heirs to file monetary claims against their employers by
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FLORES, Arienne; GARCIA, Clyde; JIMENEZ, Angeli; MOLINA, Zahreena; NOMBRES,
Clarissa (Group IV)
G01 Legal Profession
promising them huge monetary award and to employ him (the lawyer) to represent them
Since ambulance chasers can charge as high as 60% 3 of the monetary award, the
injured seafarers or their heirs end up losing a huge chunk of the benefits awarded to
them. Clearly, ambulance chasing is a scheme so unfair and predatory. To allow this
practice to perpetuate is to subject the poor, pitiful, and innocent injured seafarers to
II. What are the salient features of the Seafarers Protection Act?
Thus, to bring dignity to and prevent the injured seafarers or their heirs from
being preyed upon by ambulance chasers, the Seafarers Protection Act declared as
unlawful and prohibited the practice of ambulance chasing. According to Sec. 5 of the
law, any person who violates this prohibition shall be punished by a fine of not less
than fifty thousand pesos (P50,000.00) but not more than one hundred thousand pesos
(P100,000.00), or by imprisonment of one (1) year but not more than two (2) years, or
In addition to this criminal liability, Sec. 2, Rule V of the Implementing Rules and
Regulations of the Seafarers Protection Act provides that any person who commits
ambulance chasing shall be also be held civilly liable for damages in a separate and
Moreover, the law also provides that when the contract or agreement between
the seafarers or their heirs and the ambulance chaser stipulates that the latter is entitled
to fees, such fees shall not exceed 10% of the compensation or benefit awarded to the
seafarers or their heirs. The law in other words has limited the fees that a lawyer may
10% of the total amount awarded. Accordingly, the injured seafarers or their heirs are
3
Nicholson, T. (2015, August 12). Philippines Angkla Seafarers Protection Act (Anti-Ambulance Chasing Act)
Republic Act No. 10706. Retrieved from http://www.ukpandi.com/knowledge/article/philippines-angkla-seafarers-
protection-act-anti-ambulance-chasing-act-republic-act-no-10706-134099/)
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FLORES, Arienne; GARCIA, Clyde; JIMENEZ, Angeli; MOLINA, Zahreena; NOMBRES,
Clarissa (Group IV)
G01 Legal Profession
no longer legally required to pay their lawyers more than 10% of the total amount
awarded. In fact, the imposition of excessive fees by the ambulance chasing lawyer
may subject him to a civil action according to Sec. 2, Rule IV of the Implementing Rules
In the United States, Ambulance chasers are well likely to be known as heroes to
victims, in worst case scenarios, the helpless individuals in hospitals who barely know
their rights and legal grounds for the betterment of their situation. As stated in the book
Transactions of the Annual Meeting (Bryan, 1886), Ambulance chasing is not a practice
of law, but of a legal piracy. Although it does not directly mean one is liable for such
is guilty of gross infraction; one of the longest known ethical precepts of the bar. The
greed, however despite the negative side some would normally appreciate such act for
Privacy could be one of the most affected rights by ambulance chasers in the
USA, as illustrated and enumerated by Davis Law Groups (n.d.), ambulance chasers
have the capacity to track down information from victims of accidents across the
country. In the United States, there are many ambulance chasing groups which
consistently bother victims at peace to negotiate in legal advice and counsel with
incentives such as medical attention and service. They could track down every bit of
them, in other words they reason out service in bad faith. Individuals who are
consistently bothered by this system often reject the offered package, for they are
constantly wondering on how such information was retrieved. Aside from the obvious
invasion of privacy associated with these business practices, perhaps the most troubling
issue with ambulance chasers is that their business strategy only encourages frivolous
lawsuits and continues to facilitate the negative perception that many consumers have
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FLORES, Arienne; GARCIA, Clyde; JIMENEZ, Angeli; MOLINA, Zahreena; NOMBRES,
Clarissa (Group IV)
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when it comes to attorneys. (Davis Law Groups, n.d.) Now the question revolves
around, can legal profession stop or prevent ambulance chasing from its prominent
trend amongst lawyers? As Bryan (1886) stated, ...Unfortunately, this is a practice that
cannot be stopped by legal methods. The recourse is to the moral sense of the Bar; if
this sense is weak no relief may be expected and so long as complacent juries shall
freely give away other peoples money and this class of practitioners continue to receive
the favorable consideration of Bench and Bar so long will the practice itself continue.
Accident victims should have the liberty to freely choose medical assistance, or
repetitive calls, messages and requests when they simply feel the lack for it. It is hard to
miss that a simple act of trying to get clients and trying to help out victims, is considered
wrong and deceitful. Here, we find the thin line between the duty of our legal profession
Ambulance chasing diminishes the civil justice system and promotes, more than
anything, the luxury of a business in the legal profession. It can be remembered that the
This places us in a distinct area wherein we are subject not by standard compensation,
but by what is due. Our compensation is subjective to our individual contributions to the
matter.
Aside from the obvious invasion of privacy associated with these business
practices, perhaps the most troubling issue with ambulance chasers is that their
business strategy only encourages frivolous lawsuits and continues to facilitate the
negative perception that many consumers have when it comes to attorneys. 5 If the
practice of ambulance chasing maintains at this pace, lawyers will soon be regarded as
unreliable and can impair the difficulty in gaining the trust of the client, and of the public.
4
Available at https://www.injurytriallawyer.com/blog/ambulance-chasers-the-truth-about-unethical-lawyers-and-
doctors.cfm (Last accessed on Nov 24 2016)
5
Available at https://www.injurytriallawyer.com/blog/ambulance-chasers-the-truth-about-unethical-lawyers-and-
doctors.cfm (Last accessed on Nov 24 2016)
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FLORES, Arienne; GARCIA, Clyde; JIMENEZ, Angeli; MOLINA, Zahreena; NOMBRES,
Clarissa (Group IV)
G01 Legal Profession
Lawyers will soon have a derogatory appellate alongside their name. The profession
Conclusion
and honorable as the legal profession. The reason is simple. Ambulance chasing
The legal profession is called upon to aid in the performance of one of the basic
23815, June 28, 1974). Accordingly, lawyers, as officers of the court, must not only be
competent and reliable; lawyers must also be honorable, honest, and in continuous
possession of strong moral fiber. In other words, lawyers must always be in compliance
with the exacting standards expected of them as vanguards of the legal profession so
Philippines recognizes the existence of menace to the ethics of the profession of law
that comes into play when ambulance chasers are operating and that recently steps
have been taken to investigate and penalize members of the profession who are guilty
of such practice. That which is not wrong and also offers benefits ought to be at least
wrong. And so we come back to that insufferable jerk, Professor Warvelle, who is likely
right about the real ambulance chasing: unfortunately, this is a practice that cannot be
stopped by legal methods. The recourse is to the moral sense of the Bar. 6
V. References
6
Available at http://www.litigationandtrial.com/2012/07/articles/attorney/contingent-fee/ambulance-chaser/
(last accessed on November 23 2016)
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FLORES, Arienne; GARCIA, Clyde; JIMENEZ, Angeli; MOLINA, Zahreena; NOMBRES,
Clarissa (Group IV)
G01 Legal Profession
City Sheriff, Iligan City v. Fortunado (G.R. No. 80390, March 27, 1998)
Nicholson, T. (2015, August 12). Philippines Angkla Seafarers Protection Act (Anti-
http://www.ukpandi.com/knowledge/article/philippines-angkla-seafarers-protection-act-
anti-ambulance-chasing-act-republic-act-no-10706-134099/
https://www.injurytriallawyer.com/blog/ambulance-chasers-the-truth-about-unethical-
lawyers-and-doctors.cfm.
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