Professional Documents
Culture Documents
100113
September 3, 1991
much else. Instead, the work will require the lawyer to have mastered the full range of
traditional lawyer skills of client counseling, advice-giving, document drafting, and
negotiation.
As for its advertisement, Nogales said it should be allowed in view of the jurisprudence in
the US which now allows it (John Bates vs The State Bar of Arizona). And that besides,
the advertisement is merely making known to the public the services that The Legal Clinic
offers.
ISSUE: Whether or not The Legal Clinic is engaged in the practice of law; whether such
is allowed; whether or not its advertisement may be allowed.
HELD: Yes, The Legal Clinic is engaged in the practice of law however, such practice is
not allowed. The Legal Clinic is composed mainly of paralegals. The services it offered
include various legal problems wherein a client may avail of legal services from simple
documentation to complex litigation and corporate undertakings. Most of these services
are undoubtedly beyond the domain of paralegals, but rather, are exclusive functions of
lawyers engaged in the practice of law. Under Philippine jurisdiction however, the
services being offered by Legal Clinic which constitute practice of law cannot be
performed by paralegals. Only a person duly admitted as a member of the bar and who
is in good and regular standing, is entitled to practice law.
Anent the issue on the validity of the questioned advertisements, the Code of Professional
Responsibility provides that a lawyer in making known his legal services shall use only
true, honest, fair, dignified and objective information or statement of facts. The standards
of the legal profession condemn the lawyers advertisement of his talents. A lawyer
cannot, without violating the ethics of his profession, advertise his talents or skills as in a
manner similar to a merchant advertising his goods. Further, the advertisements of Legal
Clinic seem to promote divorce, secret marriage, bigamous marriage, and other
circumventions of law which their experts can facilitate. Such is highly reprehensible.
The Supreme Court also noted which forms of advertisement are allowed. The best
advertising possible for a lawyer is a well-merited reputation for professional capacity and
fidelity to trust, which must be earned as the outcome of character and conduct. Good
and efficient service to a client as well as to the community has a way of publicizing itself
and catching public attention. That publicity is a normal by-product of effective service
which is right and proper. A good and reputable lawyer needs no artificial stimulus to
generate it and to magnify his success. He easily sees the difference between a normal
by-product of able service and the unwholesome result of propaganda. The Supreme
Court also enumerated the following as allowed forms of advertisement:
The trial court in a criminal case has authority to provide the accused with a counsel de
officio for such action as it may deem fit to safeguard the rights of the accused (Provincial
Fiscal of Rizal vs. Judge Muoz Palma, L-15325, August 31, 1930)
August 1, 2007
inviolable social institution, is the foundation of the family and shall be protected by the
state. Respondents grossly immoral conduct runs afoul of the constitution and the laws,
that he as a lawyer has sworn to uphold. Hence the court declared Atty. Jose Emmanul
M. Eala DISBARRED for grossly immoral conduct, violation of his oath of office, and
violation of canon 1, Rule 1.01 and Canon 7, Rule 7.03 of the Code of Professional
Responsibility.