Sunteți pe pagina 1din 2

CANON 3

CANON 3: A lawyer in making known his legal services shall use only true, honest, fair, dignified
and objective information or statement of facts.
Rule 3.01. A lawyer shall not use or permit the use of any false, fraudulent, misleading,
deceptive, undignified, selflaudatory, or unfair statement or claim regarding his qualifications or
legal services.
Rule 3.02. 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 firm
indicates in all its communications that said partner is deceased.
Rule 3.03. Where a partner accepts public office, he shall withdraw from the firm and his name
shall be dropped from the firm name unless the law allows him to practice law concurrently.
Rule 3.04. 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

It is highly unethical for an attorney to advertise his talents or skill as a merchant


advertises his wares. The law is a profession and not a business. The lawyer may not
sell or obtain employment himself or through others for to do so would be
unprofessional. 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 and it
results in needless litigation. (In Re: Tagorda, 53 Phil 37 (1929))7
Tagorda was suspended for soliciting business. Before Tagordas election to the
provincial board of Isabela, he used a card offering services as an attorney and a notary
public free. The card also stated that he was a candidate for the provincial board. After
his election, he wrote a letter to the barrio lieutenant informing him that he would
continue his practice as lawyer and asking that the lieutenant transmit this information to
the barrio.
Examples of improper advertising:
1. Distribution of a diary which has an attorneys card printed in the cover.
2. Procuring a lawyers name to be written in an automobile insurance policy with
direction to the insured to contact the attorney in case of accident

A lawyer shall not use false or misleading firm name

Law partnership among lawyers for the general practice of law is common.
Such partnership is a mere association of lawyers for such purpose and is a
non-legal entity.
It is not a business partnership under the Civil Code.
No person should be admitted or held out as a member who is not a lawyer.
Rule 3.02. 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 firm indicates in all its communications that said
partner is deceased.
The reason for allowing the continued use of the name of a deceased partner is
that all the partners, by their joint efforts over a period of time, contributed to the
goodwill attached to the firm name, and this goodwill is disturbed by a change in
firm name every time a partner dies

Filipino lawyers cannot practice law under the name of a foreign law firm, as the
latter cannot practice law in the Philippines.
The use of the foreign law firm in the country is unethical:
The respondents use of the firm name constitutes a representation that
being associated with Baker and McKenzie they could render legal
services to the highest quality to multinational business enterprises and
others engaged in foreign trade and investment. This is unethical
because Baker & McKenzie is not authorized to practice law here.
(Dacanay v. Baker and McKenzie, 136 SCRA 349 (1985))

A partner who accepts public office should withdraw from the firm; exception

Rule 3.03. Where a partner accepts public office, he shall withdraw from the firm and his
name shall be dropped from the firm name unless the law allows him to practice law
concurrently.
The purpose of the rule is to prevent the law firm from using his name to attract legal
business and to avoid suspicion of undue influence.

A lawyer shall not seek media publicity


Rule 3.04. 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.
Media publicity, as a normal by-product of efficient legal service, is not improper.
What is improper is for a lawyer to resort to propaganda to secure media publicity for the
purpose of attracting legal business.
The purpose of the rule is to prevent some lawyers from gaining unfair advantage over
others through the use of gimmickry.
Procuring his photograph to be published in connection with cases he is
handling.
Making a courtroom scene to attract the attention of newspapermen
Arranging for the purpose an interview with him by media people.

S-ar putea să vă placă și