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By. Angelique Arca Kazuma B. Ozaki Hendrick Carlo C.

Garcia

+ SOLICITATION is a petition for request,

enticement or allurement

+ + + + + +

BARRATRY- The offense of persistently instigating lawsuits, typically groundless ones.

Source: http://en.wikipedia.org/wiki/Barratry AMBULANCE CHASING- A colloquial phrase that is used derisively for a person who is hired by an attorney to seek out Negligence cases at the scenes of accidents or in hospitals where injured parties are treated, in exchange for a percentage of the damages that will be recovered in the case. Also used to describe attorneys who, upon learning of a personal injury that might have been caused by the negligence or the wrongful act of another, immediately contact the victim for consent to represent him or her in a lawsuit in exchange for a Contingent Fee, a percentage of the judgment recovered.

+ + + + +

Source:http://legal-dictionary.thefreedictionary.com/Ambulance+chasing

I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will support the Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion, with all good fidelity as well to the courts as to my clients; and I impose upon myself these voluntary obligations without any mental reservation or purpose of evasion. So help me God.

Rules of Court + Rule 138- ATTORNEYS AND ADMISSION TO THE BAR Sec. 20 Duties of attorney. - It is the duty of an attorney: (g) Not to encourage either the commencement or the continuance of an action or proceeding or delay any mans cause, from any corrupt motive or interest; xxx

Rule 1.03.A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay in a mans cause.

+ Director or Religious Affairs vs. Bayot, 74 Phil

579
What is it about?- advertisement of services FACTS: Respondent published an advertisement in a newspaper the following:

Marriage license promptly secured thru our assistance and the annoyance of delay or publicity avoided if desired and marriage arranged to wishes of parties. Consultation on any matter free for the poor. Everything confidential.

+ HELD: It is highly unethical for an attorney to

advertise his talents or skill as a merchant advertise his talents or skill as a merchant advertises his wares. Law is a profession and not a trade.

+ In Re: Tagorda, 53 Phil 42 What is it about? solicitation of cases


HELD: It becomes our duty to condemn in no uncertain terms the ugly practice of solicitation of cases by lawyers. x x x It results in needless litigation and in incenting to strife otherwise peacefully inclined citizens.

+ People vs. McCable, 18 Colo. 186

What is this all about?- advertisement of services FACTS: Lawyer advertised the following in a newspaper:
If you like a divorce, communicate with me, and your desire will be gratified. No one will know it. x x x Good everywhere

+ HELD:

This advertisement is highly reprehensible. It is well calculated to encourage people to make application for divorces who might otherwise have refrained from so doing. It is against good morals public or private. It is a false representation and a libel upon the court of justice.

+ Ulep vs. The Legal Clinic, Inc., Bar Matter No.

553, June 17, 1993 What is this all about?- Advertisement of legal services FACTS: A lawyer in Guam through the Legal Clinic is advertising the following: Secret Marriage? P560 for a valid marriage. Info on DIVORCE, ABSENCE, ANNULMENT, VISA x x x Please call:521-0767

HELD: These advertisements are contrary to Rule 2.03- A lawyer shall not do or permit to be done any act designed primarily to solicit legal business; and Rule 3.01- A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptinve, undignified, self-laudatory or unfair statement or claim regarding his qualifications or legal services.

WHEN IS SOLICITATION PERMISSIBLE? It must be compatible with the dignity of the legal profession

Use of simple signs stating the name or names of the lawyers, professional cards bearing the name of the lawyer or lawyers, the office and residence address and special lines in law, advertisements in legal periodicals bearing the same brief data are permissible. Even the use of calling cards with a formal picture of the lawyer is now acceptable. (Ulep vs. Legal Clinic, supra)

+ A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL

MAKE ONLY TRUE, HONEST, FAIR, DIGNIFIED, AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS

+ It is acceptable in the Code of Professional

Responsibility and in the conduct of the legal profession for a lawyer to make known to the public his legal services. He must however do so only by using TRUE,HONEST, FAIR, DIGNIFIED and OBJECTIVE INFORMATION OR STATEMENT OF FACTS.

+ However, even if the statements are true and

correct, the manner of making it known must not be undignified and demeaning to the legal profession.
Ex. No bill boards or road signs

+ The practice of law is not a trade. Hence, the

normal practice of inviting the public to avail of the commodity (legal services) using the usual exaggeration in trade has no room in the practice of law

+ It is unethical to praise ones self or to tell false

claims on qualifications or quality of legal services.

+ This RULE is related with RULE 2.03 which reads,

A lawyer shall not do or permit to be done any act designed primarily to solicit legal business.

+ In relation to this, A lawyer should not pretend to a

prospective client just to get the latters trust and confidence that he is a seasoned trial lawyer and an expert in a particular law or the so called in lay mans term abogado de campanilla when in truth and in fact, he is not and had not even prosecuted or defended a case yet in his lifetime.

+ Any false pretense intended to defraud,

mislead and deceive or to tout on his qualifications or quality of his legal services is unethical. Whether done by himself or by another with his consent/permission.

WHAT NAME SHOULD A LAWYER ALLOWED TO USE IN THE PRACTICE OF LAW? -Only his name inscribed in the roll of atty. Pangan vs. Ramos.( 93 SCRA 97)

+ The advertisement is not allowed due to

the reasons that, good and ethical lawyers will be pushed to the sides by moneyed and unscrupulous ones. + It may lead to assertion of fraudulent claims, corruption of public officials

+ It

will encourage lawyers in overreaching, overcharging under representation and misrepresentation

+ Lead to the creation of false status and reputation

of lawyers which in the end will mislead the public and client to their detriment in reposing trust and confidence on lawyers who may not be competent and trustworthy at all.

WHAT IS THE BEST ADVERTISEMENT FOR LAWYERS? -Establishment of a well merited reputation for professional capacity and fidelity to trust.

1. Why is law a profession and not a trade? (2006 Bar) Law is a profession and not a trade because its basic ideal is to render public service and secure justice for those who seek its aid. The gaining of a livelihood is only a secondary consideration

May a lawyer advertise his profession? Explain? [1977 Bar exams] A lawyer may not advertise his profession. Standard of profession condemn a lawyer who advertises his talents in a manner similar to a merchant advertising his goods. Solicitation, in order to be proper should be compatible with the dignity of the legal profession. If made in modest and decorous manner, it would bring no injury to the lawyer or to the bar. The use of professional cards carrying the name of the lawyer, his title, his office and his residence maybe proper. Announcements in periodicals or magazines regarding the opening of a law office or the foundation of a law partnership containing only names and addresses are proper.

A lawyer advertised in the newspaper the following. Can secure annulment of your marriage promptly. Expert in legal separation cases. Consult anytime. Is the advertisement proper? NO. A lawyer in making known his legal services should not use any false fraudulent, misleading, deceptive, undignified or selflaudatory statements regarding his qualifications and legal services. The claim that he can secure annulment of marriage promptly is false and misleading and his claim that he is an expert in legal separation is self-laudatory. Advertisement constitutes improper solicitation and violates the sanctity of the institution of marriage which the state should protect.

SEC. 27, RULE 138 A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice or other gross misconduct x x x. The practice of soliciting cases at law for the purpose of gain, either personally or thorough paid agents or brokers, contstitutes malpractice.