MAURICIO C. ULEP, petitioner, vs. THE LEGAL CLINIC, respondent.

Supreme Court
June 17, 1993
Bar Matter No. 553.

FACTS:
- Atty. Rogelio P. Nogales established a Legal Clinic that claims that its purpose is to
render “Legal support services” through paralegals with the use of modern computers
and electronic machines.
- Petitioner filed case praying that the respondent be enjoined from publishing
advertisement which contained the following:

Annex A

SECRET MARRIAGE?
P560.00 for a valid marriage.
Info on DIVORCE. ABSENCE.
ANNULMENT. VISA.

THE Please call: 521-0767 LEGAL 5217232, 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 7F Victoria Bldg. 429 UN Ave., LEGAL Ermita, Manila nr. US Embassy CLINIC,
1
INC. Tel. 521-7232; 521-7251; 522-2041; 521-0767
- Petitioner claims that these advertisements are champertous, unethical, demeaning if the
law profession, and destructive of the confidence of the community in the integrity of
the members of the bar.
- Respondent admits the fact the of publication of the advertisement but claims that the
clinic is not engaged on the practice of law but in the rendering of “legal support
services” by paralegals with the use of technology. Moreover, respondent argues that the
 services published are legal and the act of advertising these services should be
allowed because of Bates & Van O’Steen vs State Bar of Arizona
- Considering critical implications on the legal profession of the issues raised the court
required the (1) Integrated Bar of the Philippines, (2) Philippine Bar Association, (3)
Philippine Lawyers’ Association, (4) UP Womens Lawyers’ Circle, (5) Women Lawyers
Association of the Philippines, and (6) Federacion Inernacional de Abogadas, to submit
respective position papers on the controversy

ISSUE: W/N the services of the respondent, The Legal Clinic, Inc., as advertised by it
constitutes practice of law. If the said advertisement can be allowed

HELD: Yes and No

REASONING:

1. Integrated Bar of the Philippines

- “Legal Support Services” and “Legal Services are without substantial distinction
- The use of the name “Legal clinic” connoted and gives the impression that it is being
run by lawyers and renders legal services
- The advertisements in question are meant to induce the performance of acts contrary
to law, morals, public order, and public policy.

*Rule 1.02- A lawyer shall not counsel or abet activities aimed at defiance of the law
or at lessening confidence in the legal system.

- Providing computerized legal data will greatly benefit the legal system and the public.
But the performance of it by people who are not in the bar is prohibited. If respondent
was only rendering service to the member of the bench and the bar, then the respondent is
performing technical assistance and not legal assistance.
- If the respondent is allowed to advertise, it should only be limited to those who are in the bar
with a clear and unmistakable disclaimer that it is not authorized to practice law or
any legal services.
2. Philippine Bar Association

- Respondents assertion that it only renders “Legal support services” and not engaged in the
practice of law is absurd
- Respondents acts of labelling itself as “The Legal Clinic, Inc.” and soliciting
employment for the services fall within the realm of a practice
- The practice of law is not a profession open to all who wish to engage in it nor can it be
assigned to another. It is a personal right limited to persons who have qualified themelves
under the law
 3. Philippine Lawyers Association

- As advertised it offers to the general public its advisory services on different fields of the
law. And its advertised services unmistakably require the application of the laws, its
principles, and procedures. All of which falls into the realm of the practice of law.

4. UP Women’s Lawyers Circle

- The use of paralegals is sanctioned in many jurisdictions as an aid to the

administration of justice, it does not exist here in the Philippines.
- Paralegals are the ones being advertised as the ones who give “legal services” and not
lawyers. Measures should be taken to protect the general public from falling prey to those
who advertise legal services without being qualified to offer such services.

5. Women’s Lawyers Association of the Philippines

- Annex “A” and “B” of the petition are clearly advertisements to solicit cases for the
purpose of gain, are illegal and against the Code of Professional Responsibility for
Lawyers.
- The advertisements also seem to project that secret messages and and divorce are legal
in the country for a fee when in fact it is not. It is highly apprehensible
- In Taguda, the SC held that solicitation for clients by an attorney by circulars of
advertisements, is unprofessional, and offenses of this character justify permanent
elimination from the bar.

6. Federacion Internacional de Abogadas

- “In determining whether a man is practicing law, we should consider hos work for any
particular client or customer as a whole.”
- The defendant’s primary efforts are along economic and psychological lines. The law
only provides the framework. The incidental legal advice or information defendant may
give, does not transform his activities into the practice of law.
- From the foregoing, it can be said that a person engaged in a lawful calling (which may
involve knowledge of the law) is not engaged in the practice of law provided that:
(a) The legal question is subordinate and incidental to a major non-legal problem
(b) The services performed are not customarily reserved to members of the bar
(c) No separate fee is charged for the legal advice or information.
All these must be considered in relation to the work for any particular client as a whole.
- The paralegals application of the law and legal advise to particular problems of the
client would constitute unauthorized practice of the law

The SC also enumerates the legal and allowable forms of advertising

1. Advertisement in a reputable law list

2. The use of professional cards
3. Listing to a phone directory but not giving his specific specialization