As a new lawyer, Attorney Novato started with a practice limited to smal lclaims cases, legal counseling, and notarization of documents. He put up a solo practice law office and was assisted by his wife who served as his secretary/helper. He used a makeshift hut in a vacant lot near the local courts and a local transport regulatory agency. With this strategic location, he enjoyed heavy patronage assisting walk-in clients in the preparation and filing of pleadings and in the preparation and notarization of contracts and documents. He had the foresight of investing in a good heavy duty copier machine that reproduces quality documents, and charges a reasonable fee for this service. He draws electric power from an extension wire connected to an adjoining small restaurant. He put up a shingle that reads: “Atty. Novato, Specialist in Small Claims, Fastest in Notarization; the Best and Cheapest in Copier Services.”
Is Attorney Novato’s manner of carrying out his professional practice – i.e., mixing business with the practice of law, announcing his activities via a shingle and locating his office as above-described – in keeping with appropriate ethical and professional practice? (8%)
Suggested answer only. Not an official answer and not legal advice.
No, Atty. Novato's manner of carrying out his practice is ethically improper. Under the Code of Professional Responsibility and Accountability (CPRA), a lawyer cannot engage in self-laudatory or commercial advertising. Lawyers must not claim specialism
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Quick check
What ethical principle is violated when a lawyer advertises commercial copier services on his law office shingle?
Lawyers are strictly prohibited from commercializing the legal profession by mixing commercial business with legal practice on a shingle.
Why is it ethically improper for a lawyer to advertise himself on a shingle as the 'Fastest in Notarization'?
Claiming superior speed or special skills in legal services is self-laudatory advertising prohibited by ethics rules.
Under the CPRA, what is the primary standard governing public announcements and legal office shingles?
Public announcements and law shingles must maintain dignity, truthfulness, and avoid self-laudation.
How does the CPRA view an attorney operating a law office in a makeshift hut with illegally tapped electricity?
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Can a Philippine lawyer ethically claim on a law shingle to be a 'Specialist in Small Claims'?
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Learn more about these topics
1. Commercializing Legal Practice
Under the Code of Professional Responsibility and Accountability (CPRA), the practice of law is a noble profession and not a commercial enterprise or trade. Lawyers are strictly prohibited from mixing commercial business activities with legal practice in a manner that degrades the dignity of the legal profession. Combining legal services with a commercial copying business on a law office shingle commercializes the profession and lowers public respect for the administration of justice.
2. Prohibition on Self-Laudation
Under CPRA rules on lawyer advertising, attorneys must not use self-laudatory, extravagant, or misleading claims in public announcements or shingles. Claiming to be a 'Specialist in Small Claims' or the 'Fastest in Notarization' constitutes improper self-laudation and illegal advertising. Lawyers cannot claim specialism unless recognized under formal rules, nor may they promise superior speed or quality to attract walk-in clients.
3. Law Office Dignity
A lawyer is required to maintain a law office that reflects the dignity and integrity of the legal profession. Operating a practice out of a makeshift hut in a vacant lot while illegally tapping electric power from an adjoining establishment violates ethical duties to uphold the dignity of the Bar. Maintaining an improper and lawless physical office setup compromises public confidence in the legal system and subjects the lawyer to administrative discipline.