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ATTY. ISMAEL G. KHAN v. ATTY. RIZALINO T. SIMBILLO

FACTS:

Atty. Rizalino Simbillo placed a paid advertisement in a newspaper offering his services as an annulment of marriage specialist. A staff member of the Supreme Court called the published telephone number and spoke to Mrs. Simbillo, who claimed that her husband could guarantee a court decree within four to six months for a fee of P48,000. Similar advertisements were also published in other newspapers. Atty. Ismael Khan filed an administrative complaint against Atty. Simbillo for improper advertising and solicitation of his services. Atty. Simbillo admitted to the acts but argued that lawyer advertising and solicitation should not be prohibited. The Integrated Bar of the Philippines found Atty. Simbillo guilty and suspended him from the practice of law for one year. Atty. Simbillo filed a motion for reconsideration, which was denied. He then filed a petition for certiorari before the Supreme Court.

ISSUES:

  1. Whether Atty. Rizalino T. Simbillo violated Rules 2.03 and 3.01 of the Code of Professional Responsibility and Rule 138, Section 27 of the Rules of Court by advertising his legal services.

RULING:

  1. Yes. Atty. Rizalino T. Simbillo is found GUILTY of violating Rules 2.03 and 3.01 of the Code of Professional Responsibility and Rule 138, Section 27 of the Rules of Court. He is SUSPENDED from the practice of law for one (1) year and STERNLY WARNED that a repetition of the same or similar offense will be dealt with more severely.

PRINCIPLES:

  1. Rule 2.03 of the Code of Professional Responsibility A lawyer shall not do or permit to be done any act designed primarily to solicit legal business.

  2. Rule 3.01 of the Code of Professional Responsibility A lawyer shall not 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.

  3. Rule 138, Section 27 of the Rules of Court A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, or for a willful disobedience.

  4. Primary Nature of Legal Profession The practice of law is a profession and not a business. The duty to public service is the primary consideration, subordinating personal interests.

  5. Permissible Solicitation Solicitation must be proper and compatible with the dignity of the legal profession, conducted in a modest and decorous manner.

  6. Permissible Advertising Simple and factual data regarding a lawyer’s practice may be disseminated in a dignified manner, such as through office signs, calling cards, reputable law lists, and simple professional cards.