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Sec 27, Rule 138 Rules of Court Diaz Vs Martinez Khan Vs Simbillo

This document discusses the Supreme Court's prohibition on lawyers advertising their legal services. It provides several reasons for this prohibition, including that advertising would violate codes of professional conduct. Specifically, it could constitute improper solicitation of cases just for financial gain. The document also argues that the law is a privilege and profession, not a right, and lawyers have a duty to uphold the integrity and dignity of the profession to ensure the orderly administration of justice. Allowing advertising could commercialize the profession and mislead potential clients, undermining these goals. The Supreme Court aims to preserve the dignity of the legal profession by prohibiting advertisements designed primarily to solicit business or that are false, misleading, or self-laudatory.

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76 views3 pages

Sec 27, Rule 138 Rules of Court Diaz Vs Martinez Khan Vs Simbillo

This document discusses the Supreme Court's prohibition on lawyers advertising their legal services. It provides several reasons for this prohibition, including that advertising would violate codes of professional conduct. Specifically, it could constitute improper solicitation of cases just for financial gain. The document also argues that the law is a privilege and profession, not a right, and lawyers have a duty to uphold the integrity and dignity of the profession to ensure the orderly administration of justice. Allowing advertising could commercialize the profession and mislead potential clients, undermining these goals. The Supreme Court aims to preserve the dignity of the legal profession by prohibiting advertisements designed primarily to solicit business or that are false, misleading, or self-laudatory.

Uploaded by

AllenMarkLupera
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

It is not time for the Supreme Court to allow lawyers to advertise their

legal service because it would constantly violate the Code of Professional

Conduct, particularly Canon 2, Rule 2.03 and Canon 3, Rule 3.01. “The

practice of soliciting cases at law for the purpose of gain, either personally

or through paid agents or brokers, constitutes malpractice”.1

The practice of law is not a vested right but a privilege. It is clothed

with public interest. A lawyer owes duties not only to his client but also to

his profession, to the courts, and to the nation. “He takes part in one of the

most important functions of the state, which is the administration of justice,

as an officer of the court”.2

Since lawyering is a noble profession. A lawyer carries in his or her

back the twin ultimate responsibility, to uphold the integrity and dignity of

the profession and to ensure the orderly administration of justice. It is his

duty that the truth will win in the court. In order for a lawyer to achieve this

end, he must refrain from doing acts that would cause detrimental

embarrassment to the law profession. That is why the Supreme Court in their

recent decisions time and again prohibits improper advertisements of the law

profession in order to solicit legal business and repeatedly stressed that the

law is a profession and not a trade.” Duty to the public is the primary

consideration. It is not primarily meant to be a money making venture, and

law advocacy is not a capital that necessarily yields profits”.3

1
Sec 27, Rule 138 Rules of Court
2
Diaz vs Martinez
3
Khan vs Simbillo
“Lawyers should strive at all times to uphold the honor and maintain

the dignity of the legal profession, which is higher than that of the market

place”.4 I believe that advertising and solicitation does not benefit either the

public or the lawyer in the same way as in the case of the sale of

merchandise. In fact, such practice would increase unnecessary litigation.

Moreover, advertising can be considered as against public policy as it

intend to commercialize the profession. Furthermore, there will be no

safeguard for potential clients against deception on the part of unscrupulous

lawyers who might lure such clients through improper advertising.

“The proscription against lawyer advertising and solicitation of cases

lawyers aim to preserve the dignity of the legal profession. A lawyer cannot

advertise his talent as a shopkeeper advertises his wares”.5 In my opinion, I

am truly satisfied with the Supreme Court rulings prohibiting advertisement

of the law profession. Since the law itself prohibits advertisements designed

primarily to solicit legal business and advertisements which are false,

fraudulent, misleading, deceptive, undignified and self-laudatory, lawyers

have no choice but to obey the law. They must not mock on it and instead

serve as a good example to the public to retain respect in the law profession

as well as to the legal system.

4
Calo vs Degamo

5
Jayme vs Bualan
If a lawyer’s main goal is to become rich or used such profession to

escape poverty, I think he or she entered in a wrong profession. Instead of

lawyering, he must have chosen engineering or business courses.

“The most worth and effective advertisement possible, even for a

young lawyer is the establishment of a well-merited reputation for

professional capacity and fidelity to trust.”6 “This cannot be forced but must

be the outcome of character and conduct.”7 But this concept poses a practical

competition related problems to many newly admitted solo practitioners and

small and medium law firms. We all know that reputation is hard to earn and

it takes a considerable effort and endless time to establish it and when

destroyed, it is very difficult to recover.

6
Director of Religious Affaairs vs Atty. Bayot
7
Canon 27, Code of Ethics

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