Solicitation of Legal ServicesMARK ANDREW CHUA

STEPHEN REY JACOBO

DEFINITION Solicitation

◦ is a petition for request, enticement or allurement.

Legal Services ◦ Refers to an act of giving helpful activity regarding legal matters.

Reference:◦ Dictionary.reference.com/browse/service

APPLICABLE LAWS

“x x x 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 x x x”

CANON 1- A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and legal processes.

Rule 1.01- A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

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

APPLICABLE LAWS CANON 2- A lawyer shall make his legal services available in an efficient an 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.

Rule 2.04.A lawyer shall not charge rates lower than those customarily prescribed, unless the circumstances so warrant.

APPLICABLE LAWS CANON 3- A lawyer in making known his legal services shall use only true, honest, air, dignified and objective information or statement of facts.

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.

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.

APPLICABLE LAWS CANON 9- A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.

Rule 9.02- A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law, except:

Where there is a pre-existing agreement with a partner or associate that, upon the latter’s death, money shall be paid over a reasonable period of time to his estate or to the persons specified in the agreement; or

Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or

Where a lawyer or law firm includes non-lawyer employees in a retirement plan, even if the plan is based in whole or in part, on a profit sharing arrangement.

APPLICABLE LAWS

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 man’s cause, from any corrupt motive or interest; xxx

Sec. 24 Compensation of attorneys; agreement as to fees- An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services, with a view to the importance of the subject matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. No court shall be bound by the opinion of attorneys as expert witnesses as to the proper compensation, but may disregard such testimony and base its conclusion on its own professional knowledge. A written contract for

APPLICABLE LAWS services shall control the amount to be paid therefor unless found by the court to be unconscionable or unreasonable.

Sec. 27 Disbarment or suspension of attorneys by Supreme Court; grounds therefor. – A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit , malpractice xxx. The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice.

Rule 141- LEGAL FEES

Sec. 12. Notaries

1.Using deceptive qualifications or legal services

2.Soliciting by means of assistance of others

3.Advertising legal services

4.Charging lower legal rates

5.Misrepresenting as to a lawyer’s connection with a law firm

6.Using the media to attract legal services

Using deceptive qualifications or legal services

CASE ONE

Synopsis: Respondent, in deceiving the complainant by assuring her that he could give her visa and travel documents and that despite spurious documents nothing untoward would happen, is guilty of violating Canon 1 of the Code of Professional Responsibility

SEBASTIAN vs. CALIS

314 SCRA 1

FACTS: Complainant alleged she was referred to the respondend Atty. Calis who promised to process all necessary documents required for complainant’s trip to the USA for a fee of P150,000.

Using deceptive qualifications or legal services

Upon arrival at the Singapore International Airport, complainant was apprehended by the Singapore Airport Official for carrying spurious travel documents. Complainant contacted the respondent. From September 6 to 9, 1994, complainant was detained at Singapore.

The complainant was deported to the Philippines and respondent fetched her from the airport and brought her to his residence. Complainant then demanded for the return of her money.

HELD: Respondent is guilty of gross misconduct by engaging in unlawful, dishonest, immoral or deceitful conduct contrary to Canon1, of the Code of Professional Responsibility. Respondent deceived the complainant by assuring her that he could give her visa and travel documents; that despite spurious documents nothing untoward would happen. All for material gain.

R. Rodriguez, The Fundamentals of Legal and Judicial Ethics, ed. p. 46 (2004)

Soliciting by means of assistance of others.

TAN TEK BENG vs. DAVID

126 SCRA 389

The issue in this case is whether the disciplinary action should be taken against the lawyer David for not giving Tan Tek Beng, a non – lawyer, one – half of the attorney’s fees received by David from the clients supplied by Tan Tek Beng. There agreement reads:

“Dear Mr. Tan:

In compliance with your request, I am now putting into writing our agreement xxx:

“1. On all commissions or attorney’s fees that we shall receive from our clients by virtue of the collection that we shall be able to effect on their accounts, we shall divide fifty-fifty. x x x

2. I shall not deal directly with out clients without your consent.

Very truly yours,

TIMOTEO A. DAVID”

HELD: We hold that the said agreement is void because it was tantamount to malpractice which is the practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers.”(Sec. 27, Rule 138, Rules of Court)

Same, p. 66

Advertising legal services

CASE ONE

Synopsis: For advertising his services in connection with his candidacy as provincial board member of the province of Isabela, and in requesting that his services be disseminated in all meetings and social gatherings, respondent attorney is suspended for one month.

IN RE: LUIS B. TAGORDA

53 Phil 37

FACTS: The respondent lawyer, Atty. Tagorda , a member of the provincial board of Isabela, admits that in the last general elections he made use of a card written in Spanish and Ilocano, which, in translation, reads as follows:

“LUIS B. TAGORDA”Attorney; Notary Public; CANDIDATE FOR THIRD MEMBER, Province of Isabela. (NOTE.-As notary public, he can execute for your a deed of sale for the purchase of land as required by the cadastral office; can renew lost documents of your animals; can make new lost documents of your animals; x x x)

HELD: x x x Solicitation of business by circulars or advertisements, or by personal communications or interviews not warranted by personal relations, is unprofessional, and the commission of offenses of this character amply justifies permanent elimination from the bar. x x x

Same, p. 69

Charging lower legal rates To regulate the proper fees to a lawyer, Rule 138, Sec. 24 provides for a standard by which a lawyer should charge his client. The rule provides:

Sec. 24 Compensation of attorneys; agreement as to fees- An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services, with a view to the importance of the subject matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. No court shall be bound by the opinion of attorneys as expert witnesses as to the proper compensation, but may disregard such testimony and base its conclusion on its own professional knowledge. A written contract for services shall control the amount to be paid therefor unless found by the court to be unconscionable or unreasonable.

Misrepresenting as to a lawyer’s connection with a law firm

CANON 3- A lawyer in making known his legal services shall use only true, honest, air, dignified and objective information or statement of facts.

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.

Rule 3.02.In the choice of a firm name, no false, misleading or assumed name shall be used. The continued use of the name of deceased partner is permissible provided that the firm indicates in all its communications that said partner is deceased.

Rule 3.03Where 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.

Using the media to attract legal services

CANON 3- A lawyer in making known his legal services shall use only true, honest, air, dignified and objective information or statement of facts.

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.

COMMON TYPES OF UNETHICAL SOLICITATION OF LEGAL SERVICES

BARRATRY

It is the offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise. The person who engages in barratry is called a barretor or barrator.

MAINTENANCE

It is the intermeddling of an uninterested party to encourage a lawsuit. It is a taking in hand,a bearing up or upholding or quarrels or sides, to the disturbance of the common right.

AMBULANCE CHASING

It is the lawyer’s act of chasing an ambulance carrying the victim of an accident for the purpose of talking to the said victim or relatives and offering his legal services for the filing of a case against the person who caused the accident.

D. Funa, Legal and Judicial Ethics with Bar Examination Quesitons, p. 45

D. Funa, Legal and Judicial Ethics with Bar Examination Quesitons, p. 45

E. Pineda, Legal Ethics, p. 64

TYPES OF ADVERTISING OR SOLICITATION NOT PROHIBITED

1.PUBLICATION IN A LAW LIST-Publication of reputable law lists, in a manner consistent with the standards of conduct imposed by the canons, or brief biographical and informative data.

2.CALLING CARDS- 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.

3.ANNOUNCEMENT IN OPENING A LAW FIRM- Publication or a public announcement of the opening of a law firm or of changes in the partnership, associates, firm name or office address, being for the convenience of the profession.

PENALTY The penalty for an improper solicitation of legal services is provided by the following rule:

Rule 138, Sec. 27 Disbarment or suspension of attorneys by Supreme Court; grounds therefor. – A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit , malpractice xxx. The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice.

REFERENCES

1987 Philippine Constitution

1997 Rules of Court

Code of Professional Ethics

Ernesto Pineda, Legal Ethics

Dennis B. Funa, Legal and Judicial Ethics with bar examination questions

Rufus Rodrigues, Legal Ethics