Case Digest (B.M. No. 139)
Facts:
In Adriano E. Dacanay v. Baker & McKenzie et al., lawyer Adriano E. Dacanay, admitted to the Philippine Bar in 1954, filed a verified complaint in 1980 directly before the Supreme Court seeking to enjoin a local group of attorneys from practicing law under the name Baker & McKenzie, a professional partnership organized in Illinois in 1949 with offices worldwide. The respondents included Juan G. Collas, Jr., Luis Ma. Guerrero, Vicente A. Torres, Rafael E. Evangelista, Jr., Romeo L. Salonga, Jose R. Sandejas, Lucas M. Nunag, J. Claro Tesoro, Natividad B. Kwan, and Jose A. Curammeng, Jr., all Philippine Bar members who, in their memorandum, admitted they also practiced under the name Guerrero & Torres. The controversy arose when Vicente A. Torres, on November 16, 1979, on Baker & McKenzie letterhead bearing all ten names, requested from a third party the release of 87 shares of Cathay Products International, Inc. to H. E. Gabriel, a client. Dacanay responded on December 7, 1979, deCase Digest (B.M. No. 139)
Facts:
- Complainant and Nature of Complaint
- Adriano E. Dacanay, a Philippine lawyer admitted in 1954, filed a verified complaint in 1980.
- He sought to enjoin Juan G. Collas, Jr. and nine other Philippine-bar lawyers from practising law under the name “Baker & McKenzie,” a foreign law firm organized in Illinois.
- Underlying Transaction and Correspondence
- On November 16, 1979, respondent Vicente A. Torres, using a Baker & McKenzie letterhead listing all ten lawyers as members, requested Rosie Clurman to release 87 shares of Cathay Products International, Inc. to H. E. Gabriel, a purported client.
- On December 7, 1979, Attorney Dacanay replied, denying any liability of Clurman to Gabriel and inquiring whether Gabriel’s counsel was Baker & McKenzie and the purpose of using that letterhead. No response was received, prompting the filing of the complaint.
- Admission of Respondents
- Respondents admitted in their memorandum that Baker & McKenzie is a professional partnership organized in Chicago in 1949, with members and associates in some 30 cities worldwide.
- The ten respondents, aside from their Philippine practice under “Guerrero & Torres,” are members or associates of the foreign partnership.
Issues:
- Whether the use of the firm name “Baker & McKenzie” by Philippine-bar lawyers constitutes unauthorized practice of law in the Philippines.
- Whether respondents should be enjoined from further practising law under the foreign firm name.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)