Vous êtes sur la page 1sur 2

ULEP vs LEGAL CLINIC

FACTS:
In 1984, The Legal Clinic was formed by Atty. Rogelio Nogales. Its aim, according to
Nogales was to move toward specialization and to cater to clients who cannot afford the services
of big law firms. Now, Atty. Mauricio Ulep filed a complaint against The Legal Clinic because of
the latters advertisements which contain the following:
It is also alleged that The Legal Clinic published an article entitled Rx for Legal Problems
in Star Week of Philippine Star wherein Nogales stated that they The Legal Clinic is composed of
specialists that can take care of a clients problem no matter how complicated it is even if it is as
complicated as the Sharon Cuneta-Gabby Concepcion situation. He said that he and his staff of
lawyers, who, like doctors, are specialists in various fields, can take care of it. The Legal Clinic,
Inc. has specialists in taxation and criminal law, medico-legal problems, labor, litigation and
family law. These specialists are backed up by a battery of paralegals, counselors and attorneys.
As for its advertisement, Nogales said it should be allowed in view of the jurisprudence in
the US which now allows it (John Bates vs The State Bar of Arizona). And that besides, the
advertisement is merely making known to the public the services that The Legal Clinic offers.

ISSUE:
Whether or not The Legal Clinic is engaged in the practice of law; whether such is allowed;
whether or not its advertisement may be allowed.

RULING:
Yes, The Legal Clinic is engaged in the practice of law however, such practice is not
allowed. The Legal Clinic is composed mainly of paralegals. The services it offered include
various legal problems wherein a client may avail of legal services from simple documentation to
complex litigation and corporate undertakings. Most of these services are undoubtedly beyond
the domain of paralegals, but rather, are exclusive functions of lawyers engaged in the practice
of law. Under Philippine jurisdiction however, the services being offered by Legal Clinic which
constitute practice of law cannot be performed by paralegals. Only a person duly admitted as a
member of the bar and who is in good and regular standing, is entitled to practice law.

Anent the issue on the validity of the questioned advertisements, the Code of Professional
Responsibility provides that a lawyer in making known his legal services shall use only true,
honest, fair, dignified and objective information or statement of facts. The standards of the legal
profession condemn the lawyers advertisement of his talents. A lawyer cannot, without violating
the ethics of his profession, advertise his talents or skills as in a manner similar to a merchant
advertising his goods. Further, the advertisements of Legal Clinic seem to promote divorce,
secret marriage, bigamous marriage, and other circumventions of law which their experts can
facilitate. Such is highly reprehensible.

The Supreme Court also noted which forms of advertisement are allowed. 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.