Legal C - Midterms
Legal C - Midterms
Submitted by:
Ma. Victoria T. Santiago
2017-0065
Submitted to:
Atty. Erik C. Lazo
Legal Counseling and Social Responsibility
T/Th 1-4PM
Introduction/Abstract
CPR provides guidelines for the continuing practice of law in a civil society
and sees to it that legal ethics are observed. The CPR provides under Canon 3 that
“A lawyer in making his legal services shall use only true, honest, fair dignified and
objective information or statements of facts.” This Canon emphasize that plain use
of words must be construed to give emphasis on the integrity that a lawyer must
maintain in the exercise of service, and truthfulness in one’s statement in relation to
his qualifications.
Law firms are like businesses they need to attract clients and market their legal
services to sustain their firms. However, the act of advertising the legal services is
being frowned upon and prohibited according to the CPR this is under the belief that
the practice of law is profession and not a business.
Under Canon 3, Rule 3.01, “A lawyer shall not use or permit the use of any
false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair
statement or claim regarding his qualifications or legal services.” Hence, the law
governs not only the unethical acts done by any member of the bar but as well as
those who have committed such acts with his permission.
The advertising prohibited by the law is the proper advertising which includes
distribution of pamphlets and any other materials bearing the attorney’s card,
thereby, marketing his legal services.
Also under this Rule, the continued use of the name of the deceased partner
due to the presumed contribution of goodwill of both partners to the reputation of
their firm and the possibility that such reputation be distributed by the change of firm
name. Thus, the death of a partner does not automatically extinguish the relationship
created between the client and the firm.
There are various forms to obtain clients in the legal profession but again,
Code of Professional Responsibility must be followed.
In the case of Linsangan vs. Tolentino, A.C. No. 6672, a complaint for
disbarment was filed against Atty. Tolentino on the grounds of solicitation of clients
and encroachment of professional services. Linsangan alleged that the respondent
promised to provide financial assistance to the former’s client provided that they
transfer legal representation. One of the evidences presented include respondent’s
calling card advertising his law firm with the term “with financial assistance”. The
Supreme Court held that the act of the respondent in attaching the aforementioned
phrase in his calling card is a clear advertisement of the legal profession with
commercialism and with the purpose of enticing clients to change counsels through
the promise of loans to finance their legal action.
It further held that a lawyer need not to advertise the legal profession in such
a manner similar to commercial businesses, and that a lawyer’s best advertisement
is a well-merited reputation for professional capacity and fidelity to trust based on
his character and conduct and not through promises of money. The Code of
Professional Responsibility limits the advertisement of legal services.
When people look for a legal advice, they go to the internet. Digital marketing
plays a big role for lawyers, however here in the Philippines it is a largely untapped
resource. A digital marketing strategy for law firms touches every aspect of the
internet – Search engine optimization, social media marketing, search engine
marketing, content marketing, etc. – it is the best way to reach your law firm’s future
clients. The next generation of consumers will have access to mobile devices almost
immediately. When they need legal advice, the internet will be their resource.
In the case of Dacanay vs. Baker and Mckenzie, G.R. No. L-41862, the use of
foreign law office name is misleading towards the public and the clients. In this case,
one of the respondent lawyers, Vicente A. Torres used the letterhead of Baker &
Mckenzie when he sent a letter to Rosie Clurman, a client of the herein complainant.
The court held that the respondents, being associates of the firm Baker &
Mckenzie are not authorized to use the said firm’s name which may tend to mislead
clients. Respondents’ use of the firm name Baker & McKenzie constitutes a
representation that being associated with the firm they could “render legal services
of the highest quality to multinational business enterprises and others engaged in
foreign trade and investment.” This is unethical because Baker & McKenzie is not
authorized to practice law in the Philippines.
In addition, Rule 3.04 under Canon 3 states that, “Where a partner accepts
public office, he shall withdraw from the firm and his name shall be dropped from
the firm name unless the law allows him to practice law concurrently.” This is to
provide protection to both the lawyer and the firm from unnecessary harm. On one
hand, what is avoided are instances wherein the law firm uses the name of such
partner for their own benefit as in attracting legal business and to prevent suspicion
of undue influences. On the other hand, the lawyer might cause certain acts bearing
the name of the firm which might taint the clean record and good name of the firm.
This is in lieu with the fact that negligence of a member in the law firm is negligence
of the firm.
Finally, according to Rule 3.04, “A lawyer shall not pay or give anything of
value to representatives of the mass media in anticipation of, or in return for,
publicity to attract legal business.” Sticking to the main principle that directs this
discussion, it is precisely a questionable act and a distinct manifestation of unethical
behavior to seek media publicity for the sake of attracting legal business. This
includes the indirect advertisement in a newspaper, or billboards for the sole purpose
of it as the rule ensures that no lawyer gains an unfair advantage over the other by
the help of different media gimmicks.
Through the application and strict observance of the rules provided under
Canon 3, lawyers are encouraged to present themselves in a more respectable form.
It brings out the purest intention and purpose of the legal profession.
Conclusion and Recommendation
The legal professionals look for ways to obtain clients especially during the
pandemic. The different social media platforms help us survive the pandemic
through building businesses online. Hence, making the legal services available
online is one of the ways that the profession adopt during the global pandemic.