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Is an attorney liable for issuing a calling card that made it appear that the law office will finance

legal actions for the clients?

Yes. lawyers are prohibited from soliciting cases for the purpose of gain, either personally or
through paid agents or brokers.[15] Such actuation constitutes malpractice, a ground for
disbarment (Linsangan v. Tolentiono, 598 SCRA 133 ).

Is giving a legal advice creates a lawyer-client relationship?


Generally, a consultation creates a lawyer-client relationship is created. An exception is Rule
2.02 of the Code of Professional Responsibility which provides: In such cases, even if the lawyer
does not accept a case, he shall not refuse to render legal advice to the person concerned if only
to the extent necessary to safeguard the latter's rights.

Why is law a profession and not a trade?


Practice of law is a profession and not a business. 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 is not a professional but a secondary consideration. 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 which emolument is a byproduct, and the highest eminence may be attained
without making much money (Burbe v. Magulta,AC No. 99-634, June 10, 2002)

What are the permitted advertisement for lawyers?

The canon of the profession tell us that 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 use of an ordinary simple professional card is also permitted. The card may contain only a
statement of his name, the name of the law firm which he is connected with, address, telephone
number and special branch of law practiced. 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. He may likewise have his
name listed in a telephone directory but not under a designation of special branch of law(Ulep v.
The Legal Clinic, Bar Matter No. 553, June 17, 1993 ).

A businessman is looking for a new retainer. He approached you and asked for your schedule of
fees or charges. He informed you of the professional fees he is presently paying his retainer,
which is actually lower than your rates. He said that if your rates are lower, he would engage
your services.
Will you lower your rates in order to get the client?

No. Rule 2.04 provides: A lawyer shall not charge rates lower than those customarily prescribed
unless the circumstances so warrant. In other words, to avoid any demeaning and degrading
competition. There are exceptions such as when the client is a relative or a fellow lawyer or is
too poor that it would be inhumane to charge him even the customary rates of attorney’s fees

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