AC. No. 1261 TAN TEK BENG v. DAVID

TAN TEK BENG v. DAVID

A.C. No. 1261

December 29, 1983

FACTS: Tan Tek Beng and Atty. Timoteo David entered an agreement. Where in the agreement lawyer David did not only agreed to give one-half of his professional fees to an intermediary or commission agent but he also bound himself not to deal directly with the clients.

However, mutual accusations of doublecross ended such.

Hence, Tan Tek Beng denounced David to the President Assistant, Office of the Civil Relation and to the Supreme Court.

ISSUE: Whether or not the said agreement is tantamount to malpractice.

RULING: The Court held that the said agreement is void because it was tantamount to malpractice which is "the practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers”

The practice of law is a profession and not a business.

A lawyer may not seek or obtain employment by himself or through others.

The Court censures David for entering such void and unethical agreement and discountenances his conduct, not because of the complaints, but because David should have known better.

Respondent is reprimanded for being guilty of malpractice.