group 3 - solicitation of legal services
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• Solicitation is the act of asking aperson or group for money, help, etc.
•
To entice; to lure; to urge• To proposition someone
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A lawyer shall not do orpermit to be done any
act designed primarily
to solicit legal business.
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“Duty to public service and to the administration of justice
should be the primary consideration of lawyers, who must
subordinate their personal interests or what they owe to
themselves. The practice of law is a noble calling in whichemolument is a byproduct, and the highest eminence may
be attained without making much money.”
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1. 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. Relation as an officer of the
court to the administration ofjustice involving through sincerity,
integrity, and reliability
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3. Relation to clients in thehighest degree of fiduciary
4. 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
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“It is highly unethical for an attorney to advertise his
talents or skill as a merchant advertises his wares. Law
is a profession and not a trade. The lawyer degradeshimself and his profession who stoops to and adopts
the practices of mercantilism by advertising his services
or offering them to the public.”
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“It becomes our duty to condemn in no uncertain terms the
ugly practice of solicitation of cases by lawyers. 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 and in
incenting to strife otherwise peacefully inclined citizens.”
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“It has been repeatedly stressed that the practice of
law is not a business. It is a profession in which duty to
public service, not money, is the primary consideration.
Lawyering is not primarily meant to be a money-making venture, and law advocacy is not a capital that
necessarily yields profits. The gaining of a livelihood
should be a secondary consideration.”
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screenshots from www.accralaw.com
http://www.accralaw.com/http://www.accralaw.com/
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Prof. Keating’s Law Office, How to Get Away with Murder
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Modest announcements in
newspapers, periodicals,
or magazines about the
opening of a law officeor a law firm stating the
names of the lawyers and
the address of the officeor firm is not improper.
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A lawyer shall not, for any
corrupt motive or interest,
encourage any suit or
proceeding or delay any man’s
cause.
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-Barratry is the offense of frequently enticingand stirring up quarrels and suits, either at law
or otherwise
-Lawyer’s act of formenting suits amongindividuals and offering his legal services to
one of them for monetary motives or purposes
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-Ambulance chasing 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.
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“If the lawyer lends money to the client in connection with the client’s
case, the lawyer in effect acquires an interest in the subject matter of
the case or an additional stake in its outcome. Either of these
circumstances may lead the lawyer to consider his own recovery
rather than that of his client, or to accept a settlement which may
take care of his interest in the verdict to the prejudice of the client in
violation of his duty of undivided fidelity to the client’s cause.”
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• NOT volunteer legal advice to
bring lawsuit
• temper his client’s propensity to
litigate
• NOT be an instigator of
controversy but a mediator forconcord and conciliator for
compromise
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A lawyer shall not use or permit the
use of any force, fraudulent,
misleading, deceptive, undignified,
self-laudatory, or unfair statement or
claim regarding his qualifications orlegal services.
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Use true, honest, fair, dignified andobjective information or statement of facts
Do not resort to false and misleadinginformation, and even if the information is true,
the manner of making it known must not be
undignified and demeaning to the legal
profession
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NICOMEDES TOLENTINO
Law Office
Consultancy & Maritime Services
w/ Financial Assistance
Fe Marie L. LabianoParalegal
1st MIJI Mansion, 2nd Flr. Rm. M-01 Tel: 362-7820
6th Ave., cor. M.H. Del Pilar, Fax: (632) 362-7821
Grace Park, Caloocan City Cel: 09262701719
SERVICES OFFERED:
CONSULTATION AND ASSISTANCE
TO OVERSEAS SEAMEN
REPARTIATED DUE TO ACCIDENT,INJURY, ILLNESS, SICKNESS, DEATH
AND INSURANCE BENEFIT CLAIMS
ABROAD
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“Labiano’s calling card contained the phrase "with financial
assistance." The phrase was clearly used to entice clients (who
already had representation) to change counsels with a promise of
loans to finance their legal actions. Money was dangled to lure
clients away from their original lawyers, thereby taking advantageof their financial distress and emotional vulnerability. This crass
commercialism degraded the integrity of the bar and deserved no
place in the legal profession.”
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”…in advertising himself as a self-styled ‘Annulment of Marriage
Specialist,’ he wittingly or unwittingly erodes and undermines not
only the stability but also the sanctity of an institution still considered
sacrosanct despite the contemporary climate of permissiveness in our
society. Indeed, in assuring prospective clients that an annulmentmay be obtained in four to six months from the time of the filing of
the case, he in fact encourages people, who might have otherwise
been disinclined and would have refrained from dissolving their
marriage bonds, to do so.”
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• seasoned trial lawyer?
• expert in a particular law or laws?
•
has not lost a case in his practice?
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“Atty. Paas was guilty of using a fraudulent,
misleading, and deceptive address that had no
purpose other than to try to impress either the courtin which his cases are lodged, or his client, that he
has close ties to a member of the judiciary.”
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Any false pretense by a lawyer intended to defraud,
mislead and deceive or to tout on his qualifications or
quality of his legal services is unethical – whether done
by him personally or through another with his permission.
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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 firmindicates in all its communications
that said partner is deceased.
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“The name appearing in the "Roll of Attorneys" is
"Dionisio D. Ramos". The attorney's roll or register is the
official record containing the names and signatures of
those who are authorized to practice law. A lawyer is
not authorized to use a name other than the one
inscribed in the Roll of Attorneys in his practice of law.”
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ART. 1815. Every partnership shall operate under a
firm name, which may or may not include the name of
one or more of the partners.
Those who, not being members of the partnership,
include their names in the firm name, shall be subject to
the liability of a partner.
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In all the communications of the law
firm, there is an INDICATION that said
partner is already dead
Use of a CROSS after the name
of the deceased partner is a
sufficient indication
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The purpose of retaining the name of a deceased
partner is to maintain clients who have been providedlegal services by the law firm. While the firm benefits
from the goodwill attached to the personality of the
deceased partner, that motivation is legitimate.
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Death of a partner does NOT extinguish client-lawyer relationship
Negligence of the lawyer assigned to the case is
negligence of the law firm
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When a partner accepts publicoffice, he shall withdraw from
the firm and his name shall be
dropped from the firm name
unless the law allows him topractice law concurrently.
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To prevent the law firm or partners from making
use of the name of the public official to attractlegal business and to avoid suspicion of undue
influence (Report of IBP Committee, p. 16).
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If the partner is appointed judge
If the partner is appointed or elected to a
government position which prohibits the practice of law
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“The rule disqualifying a municipal judge from engaging in the
practice of law seeks to avoid the evil of possible use of the
power and influence of his office to affect the outcome of a
litigation where he is retained as counsel. Compelling reasons
of public policy lie behind this prohibition, and judges are
expected to conduct themselves in such a manner as to
preclude any suspicion that they are representing the interests
of a party litigant.”
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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.
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Indirect advertisements for professional employment
such as furnishing or inspiring newspaper comments,
or procuring his photograph in connection with causes
in which the lawyer has been or is engaged or
concerning the manner of their conduct, the magnitude
of the interest involved, the importance of thelawyer’s position and all other self-laudation, offend
the traditions and lower the tone of the profession.
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Advertising may then lead to assertion offraudulent claims, corruption of public
officials; more, it will encourage lawyers to
engage in overreaching, overcharging,
underrepresentation, and misrepresentation.
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“The most worthy and effective advertisement
possible, even for a young lawyer, is the
establishment of a well-merited reputation forprofessional capacity and fidelity to trust. This
cannot be forced but must be the outcome of
character and conduct.”
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The best advertisement for a lawyer is a well-deserved reputation for competence, honesty, and
fidelity to private trust and public duty.
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