Case Digest legal ethics

Mauricio C. Ulep vs. The Legal Clinic, Inc. B.M. No. 553. June 17, 1993 Facts: Mauricio C. Ulep, petitioner, prays this Court "to order the respondent, The Legal Clinic, Inc., to cease and desist from issuing advertisements similar to or of the same tenor as that of Annexes `A' and `B' (of said petition) and to perpetually prohibit persons or entities from making advertisements pertaining to the exercise of the law profession other than those allowed by law.” The advertisements complained of by herein petitioner are as follows: Facts: Petitioner prays that respondent cease and desist from issuing ads similar to annexes A and B and to prohibit them from making ads pertaining to the exercise of the law professions other than those allowed by law - Annex A SECRET MARRIAGE? P560 for a valid marriage Info on DIVORCE. ABSENCE. ANNULMENT. VISA. THE LEGAL CLINIC, INC. Pls call: 5210767, 5217232, 5222041 8:30am-6pm 7F Victoria Bldg, UN Ave, Mla - Annex B GUAM DIVORCE DON PARKINSON An Atty in Guam, is giving FREE BOOKS on Guam Divorce thru the Leg Clinic beg Mon-Fri during office hours Guam divorce. Annulment of Marriage. Immigration Probs, Visa ext. Quota/Non-quota Res and Special Retiree’s Visa. Declaration of Absence. Remarriage to Filipina Fiancees. Adoption. Investment in the Phil. US/Foreign Visa for Filipina Sp/Shil. Call Marivic THE LEGAL CLINIC, etc Petitioner’s Claim: -Ads are unethical and demeaning of the law profession and destructive of the confidence of the community in the integrity of the members of the bar. -As a member of the legal profession, he is ashamed and offended by the ads Respondent’s Comment: -They are not engaged in the practice of law but in the rendering of leg support services thru paralegals with the use of modern computers and electronic machines - Even if they are leg services, the act of advertising them should be allowed under Bates v. State bar of Arizona Issues: 1. WON the services offered by The Legal Clinic constitutes practice of law? 2. WON their services can be advertised?

Held: 1. Yes. The Practice of law involves any activity, in or out of the court, which requires the application of law, legal procedures, knowledge, training and expertise - To engage in the practice is to perform those acts which are characteristic of the profession; to give advice or render any kind of service that involves legal knowledge/skill - Not limited to the conduct of cases in court; includes legal advice and counsel and preparation of legal instruments and contracts by which legal rights are secured regardless of WON they’re pending in court 3 types of legal profession activity: 1. legal advice and instructions to clients to inform them of their rights and obligations 2. preparation for clients of documents requiring knowledge of legal principles not possessed by ordinary layman 3. appearance for clients before public tribunals which possess power and authority to determine rights of life, liberty and property according to law, in order to assist in proper inter and enforcement of law Respondent’s description of its services shows it falls within the practice of law: Giving info by paralegals to laymen and lawyers thru the use of comps and modern info tech - computerized legal research, document search, evidence gathering, locating parties/witnesses to a case, fact finding investigations, assistance to laymen in need of services from agencies like birth, marriage, prop, bus registrations, etc. *even if some of the services offered merely involve mechanical and technical know how like installing computer system for law offices, this doesn’t make it an exception to the general rule - gives out leg info to laymen and lawyersnot non-advisory and non-diagnostic ex. foreign laws on marriage, divorce and adoption – have to explain to client the intricacies of the law and advise him on the proper course of action - what its ads represent and what it will be paid for - It doesn’t matter that they don’t represent clients in court since practice of law isn’t limited to ct appearances but also leg research, leg advice and drafting contracts Phil Star Art – Rx for Leg Probs, int by proprietor Atty Nogales: - Takes care of probs as complicated as the Cuneta-Concepcion domestic sit - lawyers, who like drs, are specialists in various fields and can take care of it (taxation, crim law, medico-leg probs, labor, litigation, fam law) - backed up by paralegals, counselors and attys - caters to clients who can’t afford big firms - can prepare a simple deed of sale or affidavit of loss and also those w/ more extensive treatment -The fact that they employ paralegals to carry out its services doesn’t matter; what’s important is that it’s engaged in the practice of law ‘cause of the nature of the services it renders, which brings it within the statutory prohibitions against ads only a person duly admitted as a member of the bar and who’s in good and regular standing is entitled to the practice of law - public policy requires that the practice of law be limited to those individuals found duly qualified in education and character to protect the public, court, client and bar from

incompetence/dishonesty of those unlicensed to the practice and not subject to the discipline of court

People vs Tuanda - A case digest A.M. No. 3360 January 30, 1990 PEOPLE OF THE PHILIPPINES, complainant vs.ATTY. FE T. TUANDA, respondent. Facts; Respondent was suspended for practicing his profession until further notice from the Supreme Court finding her guilty of violating BP 22. Atty. Tuanda is now appealing to the Supreme Court for her suspension to be lifted arguing that her suspension was a penalty so harsh on top of the fines imposed to her in violation of the aforementioned law. Arguing further that she intends no damage to the plaintiff-appellee (Herminia A. Marquez)and she is not guilty of the offense charged. Issue; WON the suspension of Atty. Fe Tuanda be lifted. Ruling; The Supreme Court ruled to DENY the respondent of his Motion to Lift Order of Suspension and affirmed the ruling of the Court of Appeals regarding the suspension. The court found Atty. Fe Tuanda guilty of an offense involving moral turpitude citing Secs 27 and 28 of the Rules of Court and the Code of Professional Responsibility. Cantimbuhan vs cruz https://www.scribd.com/doc/296098190/Legal-Ethics-Case-Digests

MELENDRES v DECENA Facts: On Aug. 5, 1975: Complainants (spouses Erlinda Dalman & Narciso Melendrez) obtained from Atty. Reynerio Decena(Decena) a loan of P4K. This loan was secured by a real estate mortgage. It was made to appear in the Real estate mortgage that the amount borrowed was P5K. Decena assured the spouses that the REM was a mere formality, and due to this assurance the spouses

signed the REM.Despite the assurance, Decena collected from the spouses P500/month as usurious interest. The spouses paid such usurious interest for 3 months. Because of their failure to pay the amounts, Decena drafted a new REM including a New contract of mortgage in the amount of P10K with interest at 19%/annum and A special power of attorney authorizing Decena to sell the mortgaged property in public auction.Spouses never knew the implications of the new REM. They failed to pay their obligation and so Decena acquiredtheir property in pulic auction and later sold it to Trinidad Ylanan for P12K .Spouses then went to Decena with P10K in the hopes of getting their property back. Decena then informs them that their debt has soared to P20.4K.With shattered hopes and grief in their hearts (andrama!), the spouses filed this case for disbarment. Spouses filed a case for estafa against Reynaldo Pineda for recovery of P2K Decena entered into a compromise agreement with Pineda. Pineda then paid P500 to Decena. This settlementwas never brought to the attention of the spouses nor were they ever consulted about such.Issue Issue: W/N Decena’s acts show gross misconduct and should therefore be disbarred Ruling: Yes, Decena shall be disbarred T h e a c t s o f D e c e n a constitute deception, dishonesty and conduct unbecoming amember of the bar. Decena clearly failed to get the consent of the spouses before entering into acompromise. Decena also failed to inform the spouses or turn over to them the P500 given to him by Pineda as downpayment for the settlement of the case. Decena’s failure to turn over to the spouses the money underscores his lack of honesty and candor in dealing withhis clients

CANTIMBUHAN VS CRUZ., JR. Nasa notebook po bes