DEFINITION

Solicitation

an advertisement initiated by, or on behalf of, a lawyer or law firm that is directed to, or targeted at, a specific recipient or group of recipients, or their family members or legal representatives, the primary purpose for which is the retention of the lawyer or law firm, and a significant motive for which is pecuniary gain. (Rule 1.0(a), New York Rules of Professional Conduct)

Advertisement

is a public or private communication made by, or on behalf of, a lawyer or law firm, about that lawyer or law firm's services, the primary purpose for which is the retention of the lawyer or law firm, except communications to current clients or other lawyers. (Rule 7.3(b), New York Rules of Professional Conduct)

Ambulance Chasing

the solicitation of almost any kind of legal business by an attorney, personally or through an agent in order to gain employment. (Linsangan vs. Tolentino, AC No. 6672, 4 September 2009)

The law profession is a privilege Clothed with Public Interest A lawyer takes part in the

administration of justice. Hence, the State has the right and

duty to SUPERVISE, CONTROL and REGULATE the selection of candidates.

(Diaz vs. Martinez, 7 SCRA 475, 1963)

In In re: Del Rosario, 52 Phil 399, the Supreme Court had the opportunity to emphasize that:

The practice of law is not a right granted to anyone who seek it, it is accorded only to those who meet specific standards of mental and moral fitness.

Thus, failure on the part of the lawyer to maintain high standard of morality may result in disbarment.

The Supreme Court in the case of In Re: Tagorda, 54 Phil 37, 1979, enunciated the wisdom behind the barring of solicitation of legal service, viz:

“The proscription against lawyers advertising and solicitation of cases AIM to preserve the DIGNITY of the legal profession.”

“A lawyer cannot advertise his talent as a shopkeeper advertise his wares.”

Elements DISTINGUISHING the legal profession from business/trade

1.A duty of public service, of which the emolument is a by-product, and in which one may attain the highest eminence without making much money;2.A relation as an “officer of the court” to the administration of justice involving thorough sincerity, integrity and reliability;

Elements DISTINGUISHING the legal profession from business/trade

3. A relation to clients in the highest degree of fiduciary; and

4. A relation to colleagues at the bar characterized by candor, fairness, and unwillingness to resort to current business methods of advertising and encroachment on their practice, or dealing directly with their clients.

(Atty. Khan vs. Atty. Simbillo, GR No. 157053, 19 August 2003)

Rule 138 of the Rules of Court

“Section 27. Attorneys removed or suspended by Supreme Court on what grounds. — A member of the bar may be removed or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before the admission to practice, or for a wilfull disobedience of any lawful order of a superior court, or for corruptly or willful appearing as an attorney for a party to a case without authority so to do. The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice. “

Code of Professional Responsibility

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.

xxx

Rule 2.03 – a lawyer shall not do or permit to be done any act designed primarily to solicit legal business.

CANON 3

A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF

FACTS.

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.

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 a deceased partner is permissible provided that the firm indicates in all its communications that said partner is deceased.

GENERAL RULE : NO advertisements and solicitation of legal services are allowed.

EXCEPTIONS

1. Professional Calling Cards

2. Publication in Reputable Law Lists

3. Publication of written materials

4. Word-of-Mouth or Reputation

ULEP vs. THE LEGAL CLINICBar Matter No. 553, 17 June 1993

The Court held that it was undeniable that the advertisement in question was a flagrant violation by respondent Legal Clinic of the ethics of the legal profession, it being a brazen solicitation of business from the public.

The Rules of Court expressly provides among other things that the practice of soliciting cases at law for the purpose of gain, either personally as thru paid agents or brokers, constitutes malpractice.

It is highly unethical for an attorney to advertise his talents and skills as a merchant advertise his wares as law is a profession and not a trade.

Linsangan vs. Atty. TolentinoAC No. 6672, 04 September 2009

Professional Calling Cards of Lawyers may only contain the following details, to wit:

1.Lawyer’s Name;2.Name of the Law Firm (with which he is connected);3.Address;4.Telephone Number; and5.Special Branch of Law practiced.

KHAN VS. SIMBILLO(A.C. No. 5299 , August 19, 2003 )

The practice of law is not a business. It is aprofession in which duty to public service, not money, is theprimary consideration. Respondent was suspended from thepractice of law for 1 year and was sternly warned that arepetition of the same or similar offense will be dealt moreseverely.

Rule 2.03 - A lawyer shall not do or permit to be done any act designedprimarily to solicit legal business.Rule 3.01

A lawyer shall not use or permit the use of x x x self-laudatory orunfair statement or claim regarding his qualifications or legal services