Khan v Simbillo Case Digest

1. Khan v Simbillo Facts: i.

Resp Atty. Rizalino Simbillo advertised in the PDI and MB his legal services for annulment cases

ii.

Upon investigation by the Pub Info Office, it was confirmed that Simbillo is offering his services to interested clients.

iii.

Ismael Khan, chief of the PIO, filed an administrative charge vs resp for improper advertising and solicitation of his legal services in violation of the Code of Professional Responsibility

iv.

Resp argues that advertising or solicitation is not per se a prohibited act: a. Public interest is not served by the absolute prohibition b. It’s time for the Court to promulgate a ruling that such advertisement is not contrary to law, public policy and public order.

v.

The IBP found the resp guilty and suspended him from the practice of law for 1 year, writing it in a resolution

Issues: W/N resp’s act was a violation of the Code of Professional Responsibility Ruling: Yes. i.

Rules 2.03 and 3.01 of the Code states that a lawyer is prohibited from performing acts designed to solicit legal business and that he is not permitted to use self-laudatory or unfair statement or claim regarding his qualifications or legal services.

ii.

Practice of Law is not a business. It is a profession with public interest as the primary duty. It’s not a money-making venture and law advocacy is not a capital that necessarily yields profits. The duty is to public service and the administration of justice. Elements that distinguish it from business: a.

A 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;

b. A relation as an “officer of the court” to the administration of justice involving thorough sincerity, integrity and reliability; c. A relation to clients in the highest degree of fiduciary; d.

-

A 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.

The solicitation of legal business is not altogether proscribed. However, 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