TAKE NOTE: Medyo detailed at mahaba ang digests ko kasi for recit purposes.

Shorter versions are in the reviewer we photocopied. Yes Char? Yes Char. June 28, 1974 ADELINO H. LEDESMA, petitioner, vs. HON. RAFAEL C. CLIMACO, Presiding Judge of the Court of First Instance of Negros Occidental, Branch I, Silay City, respondent. FERNANDO, J. FACTS: On October 13, 1964, petitioner was appointed Election Registrar for the Municipality of Cadiz, Province of Negros Occidental. As he was counsel de parte for one of the accused in a case pending in the sala of respondent Judge, he filed a motion to withdraw as such. Not only did respondent Judge deny such motion, but he also appointed him counsel de oficio for the two defendants. o The principal reason for the denial of the motion was because of the effect of delay on the case, especially since there had been at least 10 postponements. o When counsel assumed office, he knew that the trial would be resumed soon. o There was no incompatibility between the duty of petitioner to the accused and to the court and the performance of his task as an election registrar of the Commission on Elections and that the ends of justice "would be served by allowing and requiring Mr. Ledesma to continue as counsel de oficio, since the prosecution has already rested its case." On November 3, 1964, petitioner filed an urgent motion to be allowed to withdraw as counsel de oficio, premised on the policy of the Commission on Elections to require full time service as well as on the volume or pressure of work of petitioner, which could prevent him from handling adequately the defense. Thereafter, petitioner instituted this certiorari proceeding.

ISSUE: WON Ledesma should be excused from being counsel de oficio in the criminal cases? HELD: No. RATIO:

Petitioner was less than duly mindful of his obligation as counsel de oficio. He ought to have known that membership in the bar is a privilege burdened with conditions. It makes even more manifest that law is indeed a profession dedicated to the ideal of service and not a mere trade. "membership in the bar carries with it a responsibility to live up to its exacting standard. The law is a profession, not a trade or a craft. Those enrolled in its ranks are called upon to aid in the performance of one of the basic purposes of the State, the administration of justice. To avoid any frustration thereof, especially in the case of an indigent defendant, a lawyer may be required to act as counsel de oficio "This Court should exact from its officers and subordinates the most scrupulous performance of their official duties, especially when negligence in the performance of those duties necessarily results in delays in the prosecution of criminal cases ...." As counsel de oficio, he has as high a duty to the accused as one employed and paid by defendant himself. In criminal cases there can be no fair hearing unless the accused be given an opportunity to be heard by counsel without counsel, he may be convicted not because he is guilty but because he does not know how to establish his innocence. It is for this reason that the right to be assisted by counsel is deemed so important that it has become a constitutional right. SC: Considering what has been set forth above, that petitioner should exert himself sufficiently to perform his task as defense counsel with competence, if not with zeal, if only to erase doubts as to his fitness to remain a member of the profession in good standing.

March 23, 1929 In re: LUIS B. TAGORDA MALCOLM, J.: FACTS: Respondent Luis B. Tagorda, is a practicing attorney and a member of the provincial board of Isabela. He admits that previous to the last general elections he made use of a card written in Spanish and Ilocano, which included his name, his profession (attorney and notary public, etc.) and a note which included: o As notary public-

He can execute for you a deed of sale for the purchase of land as required by the cadastral office He can renew lost documents of your animals He can make your application and final requisites for your homestead He can execute any kind of affidavit o As a lawyer He can help you collect your loans although long overdue, as well as any complaint for or against you. o Come or write to him in his town, Echague, Isabela. He offers free consultation, and is willing to help and serve the poor. The respondent further admits that he is the author of a letter addressed to a lieutenant of barrio in his home municipality written in Ilocano, which includes: o Informing the lieutenant of the approaching date for their induction into office as members of the Provincial Board. o That before this, he would welcome the lieutenants suggestions or recommendations for the good of the province and that the latter can come to his house with the suggestions at any time. o Informing the said lieutenant that he will beattending the sessions of the Board of Ilagan but will continue to maintain his residence in Echague to serve the people as a lawyer and notary public o Informing the lieutenant that he will continue to receive any work regarding preparations of documents of contract of sales and affidavits to be sworn to before me as notary public even on Sundays. o That because of his membership of the Board, people believe that he will be disqualified to exercise his profession as lawyer and as notary public, that such is not the case. o Requesting that the lieutenant to transmit this information to the barrio people in any of their meetings or social gatherings. o Lastly, that he will be willing to handle the work in court and would charge only three pesos for every registration in case the people have not contracted the services of other lawyers.

ISSUES: WON Tagorda is guilty of malpractice for soliciting employment. (Advertising)* WON Tagorda should be disbarred?** HELD: Yes. No. He is suspended from the practice as an attorney-at-law for the period of one month. RATIO:

*Section 21 of the Code of Civil Procedure states that "The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice." Canons 27 and 28 of the Canons of Professionals Ethics state that: o 27 ADVERTISING, DIRECT OR INDIRECT. The most worthy and effective advertisement possible is the establishment of a well-merited reputation for professional capacity and fidelity to trust. This cannot be forced, but must be the outcome of character and conduct. The publication or circulation of ordinary simple business cards is not per se improper. Solicitation of business by circulars or advertisements, or by personal communications or interview not warranted by personal relations, is unprofessional. Indirect advertisement for business by furnishing or inspiring newspaper comments concerning the manner of their conduct, the magnitude of the interest involved, the importance of the lawyer's position, and all other like selflaudation, defy the traditions and lower the tone of our high calling, and are intolerable. o 28 STIRRING UP LITIGATION, DIRECTLY OR THROUGH AGENTS. It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases where ties of blood, relationship or trust make it his duty to do so. Stirring up strife and litigation is not only unprofessional, but it is indictable at common law. The offender may be disbarred. The law is a profession and not a business. The lawyer may not seek or obtain employment by himself or through others for to do so would be unprofessional. It is destructive of the honor of a great profession. It lowers the standards of that profession. It works against the confidence of the community in the integrity of the members of the bar. It results in needless litigation. **The solicitation of employment by an attorney is a ground for disbarment or suspension. In applying the aforementioned laws, the respondent stands convicted of having solicited cases in defiance of the law and those canons. However, there are mitigating circumstances working in favor of the respondent: o He was unaware of the impropriety of his acts o His youth and inexperience at the bar o His promise not to commit a similar mistake in the future

Separate Opinions: OSTRAND, J., dissenting: I dissent. Under the circumstances of the case a reprimand would have been sufficient punishment. June 17, 1993 MAURICIO C. ULEP, petitioner, vs. THE LEGAL CLINIC, INC., respondent. REGALADO, J.: FACTS: Petitioner prays this Court "to order the respondent to cease and desist from issuing advertisements similar to or of the same tenor as that of annexes "A" (Secret Marriages, Divorces, and Annulments) and "B" (Guam Divorce) and to perpetually prohibit persons or entities from making advertisements pertaining to the exercise of the law profession other than those allowed by law." Petitioner submits that the advertisements above reproduced are champterous, unethical, demeaning of the law profession, and destructive of the confidence of the community in the integrity of the members of the bar. Respondent admits the fact of publication of said advertisement, but claims that it is not engaged in the practice of law but in the rendering of "legal support services" through paralegals with the use of modern computers and electronic machines. Considering the critical implications on the legal profession of the issues raised in this petition, the Court required the (1) Integrated Bar of the Philippines (IBP), (2) Philippine Bar Association (PBA), (3) Philippine Lawyers' Association (PLA), (4) U.P. Womens Lawyers' Circle (WILOCI), (5) Women Lawyers Association of the Philippines (WLAP), and (6) Federacion International de Abogadas (FIDA) to submit their respective position papers on the controversy and, thereafter, their memoranda.

ISSUES: 1. WON the services offered by respondents as advertised by it constitutes practice of law. 2. WON the services can properly be the subject of advertisements.

HELD: Yes. No. The Court resolved to RESTRAIN and ENJOIN herein respondent, The Legal Clinic, Inc., from issuing or causing the publication or dissemination of any advertisement in any form which is of the same or similar tenor and purpose as Annexes "A" and "B" of this petition, and from conducting, directly or indirectly, any activity, operation or transaction proscribed by law or the Code of Professional Ethics as indicated herein. RATIO: Organiz ation IBP Response to Issue 1 "Legal support services" and "Legal services" are essentially without substantial distinction. While the respondent repeatedly denies that it offers legal services to the public, the advertisements in question give the impression that respondent is offering legal services. Response to Issue 2 The advertisements in question are meant to induce the performance of acts contrary to law, morals, public order and public policy.

By simply reading the questioned advertisements, it is obvious that the message being conveyed is that Filipinos can avoid the legal consequences of a marriage celebrated in accordance with our law, by The advertisements in simply going to Guam for a question leave no room for divorce. doubt in the minds of the reading public that legal This is not only misleading, but services are being offered by encourages, or serves to induce, lawyers, whether true or not. violation of Philippine law. This can be considered "the dark side" of legal practice, where certain defects in Philippine laws are exploited for the sake of profit. PBA This is outright malpractice. Respondent's acts of holding --out itself to the public under the trade name "The Legal Clinic, Inc.," and soliciting employment for its enumerated services fall within the realm of a practice which thus yields itself to the

regulatory powers Supreme Court.

of

the

PLA

From all indications, respondent "The Legal Clinic, Inc." is offering and rendering legal services through its reserve of lawyers. It has been held that the practice of law is not limited to the conduct of cases in court, but includes drawing of deeds, incorporation, rendering opinions, and advising clients as to their legal right and then take them to an attorney and ask the latter to look after their case in court Respondents advertised services, as enumerated above, clearly and convincingly show that it is indeed engaged in law practice, albeit outside of court. Its advertised services unmistakably require the application of the aforesaid law, the legal principles and procedures related thereto, the legal advices based thereon and which activities call for legal training, knowledge and experience. Paramount consideration should be given to the protection of the general public from the danger of being exploited by unqualified persons or entities who may be engaged in the practice of law.

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WILOCI

Lawyers are prohibited under the present Code of Professional Responsibility from advertising; but it appears in the instant case that legal services are being advertised not by lawyers but by an entity staffed by "paralegals." Clearly, measures should be taken to protect the general public from falling prey to those

WLAP

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who advertise legal services without being qualified to offer such services. Annexes "A" and "B" of the petition are clearly advertisements to solicit cases for the purpose of gain which, as provided for under the above cited law, (are) illegal and against the Code of Professional Responsibility of lawyers in this country. Annex "A" of the petition is not only illegal in that it is an advertisement to solicit cases, but it is illegal in that in bold letters it announces that the Legal Clinic, Inc., could work out/cause the celebration of a secret marriage which is not only illegal but immoral in this country. These advertisements that seem to project that secret marriages and divorce are possible in this country for a fee, when in fact it is not so, are highly reprehensible. Annex "A" may be ethically objectionable in that it can give the impression that there is a secret marriage. With all the solemnities, formalities and other requisites of marriages (See Articles 2, Family Code), no Philippine marriage can be secret.

FIDA

In determining whether a man is practicing law, we should consider his work for any particular client or customer, as a whole. The incidental legal advice or information defendant may give, does not transform his activities into the practice of law. Let me add that if, even as a minor feature of his work, he performed services which are customarily reserved to members of the bar, he would be practicing

law. A person engaged in a lawful calling is not engaged in the practice of law provided that: (a) The legal question is subordinate and incidental to a major non-legal problem (b) The services performed are not customarily reserved to members of the bar (c) No separate fee is charged for the legal advice or information. The Legal Clinic also appears to give information on divorce, absence, annulment of marriage and visas. Purely giving informational materials may not constitute of law. It is not entirely improbable, however, that aside from purely giving information, the Legal Clinic's paralegals may apply the law to the particular problem of the client, and give legal advice. Such would constitute unauthorized practice of law. Apparently it is urged that the conjoining of these two, that is, the text and the forms, with advice as to how the forms should be filled out, constitutes the unlawful practice of law. Practice of law means any activity, in or out of court, which requires the application of law, legal procedures,

SC

The Code of Professional Responsibility provides that a lawyer in making known his legal services shall use only true,

knowledge, training and experience. It is to give advice or render any kind of service that involves legal knowledge or skill. The practice of law is not limited to the conduct of cases in court. It includes legal advice and counsel, and the preparation of legal instruments and contract by which legal rights are secured, although such matter may or may not be pending in a court.

honest, fair, dignified and objective information or statement of facts. He is not supposed to 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.

The standards of the legal profession condemn the lawyer's advertisement of his talents. The prescription against advertising of legal services or solicitation of legal business rests on the In the practice of his fundamental postulate that the profession, a licensed practice of law is a profession. attorney at law generally engages in three principal Of course, not all types of types of professional activity: advertising or solicitation are prohibited. The canons of the (a) legal advice and profession enumerate exceptions instructions to clients to to the rule against advertising or inform them of their rights solicitation and define the extent and obligations, to which they may be undertaken. The exceptions are (b) preparation for clients of of two broad categories, namely, documents requiring those which are expressly knowledge of legal principles allowed and those which are not possessed by ordinary necessarily implied from the layman, and restrictions. (c) appearance for clients before public tribunals which possess power and authority to determine rights of life, liberty, and property according to law, in order to assist in proper interpretation and enforcement of law. The first of such exceptions is the publication in reputable law lists, in a manner consistent with the standards of conduct imposed by the canons, of brief biographical and informative data.

The use of an ordinary simple SC then cites Cayetano v. professional card is also Monsod for the definition of permitted. the practice of law.

(See ratio of Chars digest for that case)

The practice of law, therefore, covers a wide range of activities in and out of court. Applying the aforementioned criteria to the case at bar, we agree with the perceptive findings and observations of the aforestated bar associations that the activities of respondent, as advertised, constitute "practice of law." The main purpose of respondent is to serve as a one-stop-shop of sorts for various legal problems wherein a client may avail of legal services, most of which are undoubtedly beyond the domain of paralegals, but rather, are exclusive functions of lawyers engaged in the practice of law. Public policy requires that the practice of law be limited to those individuals found duly qualified in education and character. The permissive right conferred on the lawyers is an individual and limited privilege subject to withdrawal if he fails to maintain proper standards of moral and professional conduct. The purpose is to protect the public, the court, the client and the bar from the incompetence or dishonesty of those unlicensed to practice law and not subject to the disciplinary control of the court.

The publication of a simple 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, is not objectionable. Considering the present situation of our legal and judicial systems, to allow the publication of advertisements of the kind used by respondent would only serve to aggravate what is already a deteriorating public opinion of the legal profession whose integrity has consistently been under attack lately by media and the community in general. It is undoubtedly misbehavior on the part of the lawyer, subject to disciplinary action, to advertise his services except in allowable instances or to aid a layman in the unauthorized practice of law. Atty. Rogelio P. Nogales, who is the prime incorporator, major stockholder and proprietor of The Legal Clinic, Inc. is hereby reprimanded. The legality or illegality of the purpose/s for which the Legal Clinic, Inc. was created was not adjudicated on because it is not within the adjudicative parameters of the present proceeding which is merely administrative in nature.