(10) Mauricio C.

Ulep
vs.
The Legal Clinic, Inc.
Bar Matter No. 553
June 17, 1993

En Banc
Regalado, J.:

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' 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:
Annex A
SECRET MARRIAGE?
P560.00 for a valid marriage.
Info on DIVORCE. ABSENCE.
ANNULMENT. VISA.
Please call: 521-0767,
LEGAL5217232, 5222041
CLINIC, INC.8:30 am-6:00 pm
7-Flr. Victoria Bldg. UN Ave., Mla.
Annex B
GUAM DIVORCE
DON PARKINSON
an Attorney in Guam, is giving FREE BOOKS on Guam Divorce through The Legal Clinic beginning
Monday to Friday during office hours.
Guam divorce. Annulment of Marriage. Immigration Problems, Visa Ext.
Quota/Non-quota Res. & Special Retiree's Visa. Declaration of Absence.
Remarriage to Filipina Fiancees. Adoption. Investment in the Phil. US/Foreign
Visa for Filipina Spouse/Children. Call Marivic.
THE 7 F Victoria Bldg. 429 UN Ave.
LEGALErmita, Manila nr. US Embassy
CLINIC, INC. Tel. 521-7232521-7251522-2041; 521-0767

It is the submission of Ulep that the advertisements above reproduced are champertous, unethical, de-
meaning of the law profession, and destructive of the confidence of the community in the integrity of the
members of the bar and that, as a member of the legal profession, he is ashamed and offended by the said
advertisements. The Legal Aid Clinic admits the fact of publication of the advertisement but claims that it
is not engaged in the practice of law but in the rendering of "legal support services" through paralegals
with the use of modern computers and electronic machines.

ISSUE:

1. Whether or not the services offered by respondent, The Legal Clinic, Inc., as advertised by it consti-
tutes practice of law
2. Whether or not the same can properly be the subject of the advertisements herein complained of.
RULING:

1. Yes.

The practice of law is not limited to the conduct of cases in court. It includes legal advice and counsel,
and the preparation of legal instruments and contract by which legal rights are secured, although such
matter may or may not be pending in a court.
In the practice of his profession, a licensed attorney at law generally engages in three principal types of
professional activity: legal advice and instructions to clients to inform them of their rights and obliga-
tions, preparation for clients of documents requiring knowledge of legal principles not possessed by ordi-
nary layman, and appearance for clients before public tribunals which possess power and authority to de-
termine rights of life, liberty, and property according to law, in order to assist in proper interpretation and
enforcement of law.

What is palpably clear is that respondent corporation gives out legal information to laymen and lawyers.
Its contention that such function is non-advisory and non-diagnostic is more apparent than real. In provid-
ing information, for example, about foreign laws on marriage, divorce and adoption, it strains the
credulity of this Court that all that respondent corporation will simply do is look for the law, furnish a
copy thereof to the client, and stop there as if it were merely a bookstore. With its attorneys and so called
paralegals, it will necessarily have to explain to the client the intricacies of the law and advise him or her
on the proper course of action to be taken as may be provided- for by said law. That is what its advertise-
ments represent and for which services it will consequently charge and be paid. That activity falls
squarely within the jurisprudential definition of “practice of law.”

2. No.

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. He is not supposed to use or permit the use of any false,
fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding his
qualifications or legal services. Nor shall he pay or give something of value to representatives of the mass
media in anticipation of, or in return for, publicity to attract legal business.

However, not all types of advertising or solicitation are prohibited. The canons of the profession enumer-
ate exceptions to the rule against advertising or solicitation and define the extent to which they may be
undertaken. The exceptions are of two broad categories, namely, those which are expressly allowed and
those which are necessarily implied from the restrictions.

The first of such exceptions is the publication in reputable law lists, in a manner consistent with the stan-
dards of conduct imposed by the canons, of brief biographical and informative data.

The use of an ordinary simple professional card is also permitted. The card may contain only a statement
of his name, the name of the law firm which he is connected with, address, telephone number and special
branch of law practiced. The publication of a simple announcement of the opening of a law firm or of
changes in the partnership, associates, firm name or office address, being for the convenience of the pro-
fession, is not objectionable.