Legal Ethics

Adriano Dacanay vs Baker & McKenzie et al

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Adm. Case No. 2131 – 136 SCRA 349 – Legal Ethics – Use of Foreign Law Firm NameĀ – Aliens cannot practice law

In November 1979, Atty. Vicente Torres sent a letter to one Rosie Clurman, represented by Atty. Adriano Dacanay, asking Clurman to release some shares to Torres’ client. The letterhead contained the name “Baker & McKenzie”. Dacanay denied Clurman’s liability and at the same time he asked why is Torres using the letterhead “Baker & McKenzie”, a foreign partnership established in Chicago, Illinois. No reply was received so Dacanay filed an administrative complaint enjoining Torres from using “Baker & McKenzie”.

Later, Torres said that he is an associate of the law firm Guerrero & Torres; that their law firm is a member of Baker & McKenzie; that the said foreign firm has members in 30 cities all over the world; that they associated with them in order to make a representation that they can render legal services of the highest quality to multinational business enterprises and others engaged in foreign trade and investment.

ISSUE: Whether or not the use of a foreign law office name is allowed.

HELD: No. Baker & McKenzie, being an alien law firm, cannot practice law in the Philippines. Such use of foreign law firm name is unethical therefore Torres and his law firm are enjoined from using “Baker & McKenzie” in their practice of law.

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