LAW AS A PROFESSION, NOT A BUSINESS OR TRADE
(Under Philippine Legal Ethics, particularly Remedial Law, Legal Ethics & Legal Forms > Legal Ethics > A. Practice of Law > 1. Basic Concepts > c. Law as a profession not a business or trade.)
I. INTRODUCTION
In the Philippines, the practice of law is not merely an economic enterprise; it is a noble profession imbued with public interest. This principle is deeply rooted in jurisprudence, codified in the Code of Professional Responsibility (CPR), and repeatedly emphasized by the Supreme Court. Lawyers are considered officers of the court, owing fidelity to the cause of justice and to the legal system. Hence, unlike ordinary businesses whose primary aim is profit, lawyers must place service and the administration of justice above personal gain.
II. LEGAL AND ETHICAL FOUNDATIONS
Constitutional and Statutory Basis
- The Supreme Court has the plenary power to promulgate rules on the admission to the practice of law and supervise members of the Bar (Article VIII, Section 5[5], 1987 Constitution).
- This constitutional mandate underpins the principle that lawyering is a public trust and a calling in the public interest, rather than a commercial undertaking.
Code of Professional Responsibility (CPR)
- Canon 1: A lawyer shall uphold the Constitution, obey the laws of the land, and promote respect for law and legal processes.
- Canon 2: A lawyer shall make legal services available in an efficient and convenient manner, but always subject to the highest ethical standards—underscoring that it is not about profit, but about responsible service.
- Canon 3: A lawyer shall not do any false, misleading, or deceptive advertisement, and must observe dignified methods of making his or her services known. This Canon directly responds to the principle that the practice of law should not be commercialized.
- Canon 4: A lawyer owes fidelity to the cause of justice and not to unscrupulous advantage or profit.
Jurisprudential Pronouncements
- Ulep v. The Legal Clinic, Inc. (223 SCRA 378 [1993]) – The Supreme Court explicitly ruled that the practice of law is not a business or trade; it is a profession with unique ethical constraints. Any act that treats lawyering as a form of commercial venture is frowned upon by the Court.
- Cayetano v. Monsod (201 SCRA 210 [1991]) – While this case is more about the definition of the practice of law, it also reiterates that lawyers must maintain certain professional standards that distinguish the practice of law from purely commercial or profit-driven activities.
- Re: Letter of the UP Law Faculty Entitled ‘Restoring Integrity’ (A.M. No. 10-10-4-SC) – Though focused on the duty of lawyers to uphold the dignity of the judiciary, it highlights that lawyers have a moral and ethical obligation to the legal system, reinforcing the idea that legal practice transcends commercial interests.
III. DISTINCTIVE CHARACTERISTICS OF LAW AS A PROFESSION
Public Service Orientation
- Lawyers are expected to uphold the rule of law, champion justice, and protect individual rights. Their duties extend beyond a paying client to society at large.
- The Supreme Court has often stressed that lawyers are “guardians of the law” and that their mission is to aid in the administration of justice.
Regulatory Oversight by the Supreme Court
- The Philippine Supreme Court has exclusive authority to regulate the practice of law.
- Admission to the Bar requires passing the Philippine Bar Examinations and taking an oath to uphold the Constitution and the law, and to conduct oneself “with all good fidelity as well to the courts as to the clients.” This oath underscores the high moral and ethical demands placed upon lawyers.
Officers of the Court
- As officers of the court, lawyers owe paramount allegiance to the cause of justice. They must not subvert the judicial process or engage in conduct that undermines the integrity of the legal system.
- Lawyers have a duty of candor, fairness, and good faith when dealing with the courts and colleagues, reflecting that legal practice transcends mere business interests.
Primacy of Ethical Standards
- Because of its public-interest nature, the legal profession is guided by strict ethical rules that do not apply to purely commercial undertakings.
- Ambulance chasing, fee-splitting with non-lawyers, deceptive advertising, and similar practices are prohibited specifically because they degrade the dignity of the profession.
IV. IMPLICATIONS AND PRACTICAL APPLICATIONS
Prohibited Acts
- Ambulance Chasing: Actively seeking out potential clients for personal gain (often at accident scenes, hospitals, or courts) violates the code of ethics.
- Improper Advertising: Philippine rules prohibit lawyers from using self-laudatory statements, false or misleading claims, and commercial-style advertisements or marketing.
- Fee Splitting and Unauthorized Practice: Splitting fees with non-lawyers or aiding in the unauthorized practice of law reduces the profession to a commercial enterprise, which is sanctioned by disbarment or suspension.
Guidelines on Legal Fees
- While lawyers are entitled to charge reasonable fees for their services, fees must always be fair, fully disclosed, and commensurate with the services rendered, the novelty of issues, time spent, and the lawyer’s experience.
- The Supreme Court’s power to reduce excessive fees signifies that profit-maximization must yield to equity and justice.
Duty to Render Pro Bono Work
- Lawyers are encouraged, and in some situations expected, to render pro bono services to indigent litigants or the marginalized sectors. This reflects the ethos that the profession prioritizes public service.
Professional Dignity over Profit Motives
- Lawyers must maintain the dignity of the profession above any commercial considerations. This includes refraining from unscrupulous client solicitation or reducing legal practice to a mere transactional business.
Accountability and Discipline
- The Supreme Court, through the Integrated Bar of the Philippines (IBP) and its Commission on Bar Discipline, exercises disciplinary power over members of the Bar who violate the standards of the profession.
- Sanctions include reprimand, suspension, and disbarment. Such penalties underscore that treating law as a mere money-making venture is fundamentally at odds with the profession’s lofty ethical framework.
V. RELEVANT CODE OF PROFESSIONAL RESPONSIBILITY PROVISIONS
- Canon 2, Rule 2.03: Prohibits lawyers from soliciting cases for the purpose of gain, either personally or through paid agents or brokers.
- Canon 3, Rule 3.02: Provides that a lawyer’s advertisement should be dignified and informative, avoiding self-praise or misleading statements.
- Canon 15, Rule 15.07: Expressly disallows ambulance chasing, placing service to the client and justice at the center rather than the fee.
VI. SELECT PHILIPPINE CASES EMPHASIZING “LAW AS A PROFESSION”
- In re Sycip (92 Phil. 1051) – The Supreme Court underlined the requirement that lawyering be pursued only with the highest moral standards.
- Aguirre v. Rana (581 SCRA 1) – Reminded lawyers that neglect of duty, money-driven practice, or misuse of legal knowledge for illicit gain betrays the profession’s core values.
- Ulep v. The Legal Clinic, Inc. – A landmark case explicitly underscoring that commercialization of legal practice is unethical and illegal.
VII. CONSEQUENCES OF TREATING LAW AS A TRADE OR BUSINESS
- Erosion of Public Trust
- When lawyers treat law as a business, they risk public confidence in the Bar and the legal system. This undermines the administration of justice.
- Ethical Violations
- Failure to uphold the principle that law is a profession can result in ethical charges, disciplinary proceedings, suspension, or disbarment.
- Judicial Condemnation
- The Supreme Court has consistently sanctioned lawyers who have commercialized their services or engaged in unscrupulous dealings with clients.
VIII. BEST PRACTICES TO UPHOLD THE “NOBLE PROFESSION” CHARACTER
- Client-Centered Service
- Advise clients with candor, maintain confidentiality, and zealously represent them within the bounds of law—keeping their best interests in mind without succumbing to excessive profit motives.
- Continuing Legal Education (CLE)
- Keep abreast of new jurisprudence and laws. Ethical guidelines and updates are integral to practicing law responsibly.
- Pro Bono Advocacy
- Regularly engage in pro bono work or legal aid clinics, contributing to access to justice for the indigent and underserved.
- Transparency and Reasonableness in Fees
- Discuss fees clearly with clients at the outset and ensure that the charges are just, guided by established ethical standards.
- Adherence to the CPR and Court Issuances
- Monitor Supreme Court circulars, IBP advisories, and disciplinary decisions to remain compliant with the evolving ethical landscape.
IX. CONCLUSION
Under Philippine legal ethics, the practice of law is not a business or trade; it is a noble profession dedicated to the service of justice and the public good. Lawyers are called to maintain the highest standards of integrity, probity, and professionalism, placing the administration of justice and public service above profit. This principle is reflected not only in the Code of Professional Responsibility and Supreme Court decisions but also in the historical and moral fabric of the legal profession itself.
Any lawyer who treats the practice as a mere commercial enterprise risks disciplinary sanctions and erodes the dignity of the profession. Upholding this core tenet affirms the public’s trust in the legal system and guarantees that the primary goal of lawyering remains the fair and effective administration of justice.