Non-solicitation and impermissible advertisement, C2S17 CPRA
Section 17, Canon II
SECTION 17. Non-solicitation and impermissible advertisement. – A lawyer shall not, directly or indirectly, solicit, or appear to solicit, legal business.
A lawyer shall not, directly or indirectly, advertise legal services on any platform or media except with the use of dignified, verifiable, and factual information, including biographical data, contact details, fields of practice, services offered, and the like, so as to allow a potential client to make an informed choice. In no case shall the permissible advertisement be self-laudatory.
A lawyer, law firm, or any of their representatives shall not pay or give any benefit or consideration to any media practitioner, award giving body, professional organization, or personality, in anticipation of, or in return for, publicity or recognition, to attract legal representation, service, or retainership. (2023 Code of Professional Responsibility and Accountability or CPRA)
1. Non-solicitation and impermissible advertisement
a. No solicitation rule
Whether directly or indirectly, lawyers are prohibited from soliciting, or appearing to solicit, legal business.
b. No advertising rule
Whether directly or indirectly, lawyers are prohibited from advertising legal services on any platform or media.
A lawyer cannot, without violating the ethics of his profession. advertise his talents or skill as in a manner similar to a merchant advertising his goods. The prescription against advertising of legal services or solicitation of legal business rests on the fundamental postulate that the that the practice of law is a profession. (Ulep v. The Legal Clinic, Inc., En Banc, Bar Matter No. 553, 17 June 1993)
Time and time again, lawyers are reminded that the practice of law is a profession and not a business; lawyers should not advertise their talents as merchants advertise their wares. To allow a lawyer to advertise his talent or skill is to commercialize the practice of law, degrade the profession in the public’s estimation and impair its ability to efficiently render that high character of service to which every member of the bar is called. (Linsangan v. Tolentino, A.C. No. 6672, 04 September 2009)
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 degrades himself and his profession who stoops to and adopts the practices of mercantilism by advertising his services or offering them to the public. As a member of the bar, he defiles the temple of justice with mercenary activities as the money-changers of old defiled the temple of Jehovah. “The most worthy and effective advertisement possible, even for a young lawyer 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.” (Ulep v. The Legal Clinic, Inc. [1993], citing The Director of Religious Affairs v. Bayot, A.C. No. L-1117, 20 March 1994)
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. (Ulep v. The Legal Clinic, Inc. [1999], supra.)
Khan v. Simbillo, A.C. No. 5299, G.R. No. 157053, 19 August 2003:
• Where a lawyer paid for an advertising to appear on the Philippine Daily Inquirer – which reads: “ANNULMENT OF MARRIAGE Specialist 532-4333/521-2667”, it was held to violate the rule against advertising.
1) When advertising is permissible
The no advertising rule admits of exception on the use of dignified, verifiable, and factual information, including:
1) biographical data,
2) contact details,
3) fields of practice,
4) services offered,
5) and the like.
The objective of allowing such information is to allow a potential client to make an informed choice.
Not all types of advertising or solicitation are prohibited. The canons of the profession enumerate exceptions to the rule against advertising or solicitation and define the extent to which they may be undertaken. The exceptions are of two broad categories, namely, those which are expressly allowed and those which are necessarily implied from the restrictions. (Khan v. Simbillo, A.C. No. 5299, G.R. No. 157053, 19 August 2003)
a) Expressly allowed
1) Law list
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. “Such data must not be misleading and may include only a statement of the lawyer’s name and the names of his professional associates; addresses, telephone numbers, cable addresses; branches of law practiced; date and place of birth and admission to the bar; schools attended with dates of graduation, degrees and other educational distinction; public or quasi-public offices; posts of honor; legal authorships; legal teaching positions; membership and offices in bar associations and committees thereof, in legal and scientific societies and legal fraternities; the fact of listings in other reputable law lists; the names and addresses of references; and, with their written consent, the names of clients regularly represented.” (Khan v. Simbillo [2003], supra.)
The law list must be a reputable law list published primarily for that purpose; it cannot be a mere supplemental feature of a paper, magazine, trade journal or periodical which is published principally for other purposes. For that reason, a lawyer may not properly publish his brief biographical and informative data in a daily paper, magazine, trade journal or society program. Nor may a lawyer permit his name to be published in a law list the conduct, management or contents of which are calculated or likely to deceive or injure the public or the bar, or to lower the dignity or standing of the profession. (Khan v. Simbillo [2003], supra.)
b) Implied from the restrictions
1) Professional card
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. (Khan v. Simbillo [2003], supra.)
2) Announcements related to law firm
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. (Khan v. Simbillo [2003], supra.)
3) Telephone directory
He may likewise have his name listed in a telephone directory but not under a designation of special branch of law. (Khan v. Simbillo [2003], supra.)
4) Listing
For solicitation to be proper, it must be compatible with the dignity of the legal profession. If it is made in a modest and decorous manner, it would bring no injury to the lawyer and to the bar. Thus, the use of simple signs stating the name or names of the lawyers, the office and residence address and fields of practice, as well as advertisement in legal periodicals bearing the same brief data, are permissible. (Khan v. Simbillo [2003], supra.)
5) Biographical and informative data
Brief biographical and informative data is likewise allowable. (Khan v. Simbillo [2003], supra.)
a) No self-laudatory advertisement
Notwithstanding the permissible advertisement, self-laudatory advertising is prohibited.
c. No media mileage
Lawyers, their law firms or representatives, are prohibited from paying or giving any benefit or consideration to any media practitioner, award giving body, professional organization, or personality, in anticipation of, or in return for, publicity or recognition, to attract legal representation, service, or retainership.
