Petitioners base their petitions on the following arguments 1 A partnership is

Petitioners base their petitions on the following

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Petitioners base their petitions on the following arguments: 1) A partnership is not prohibited from continuing its business under a firm name which includes the name of a deceased partner as under Art. 1840 of the Civil Code; 2) In regulating other professions, such as accountancy and engineering, the legislature has authorized the adoption of firm names without any restriction as to the use, in such firm name, of the name of a deceased partner; 3) The Canons of Professional Ethics transgressed by the continued use of the name of a deceased partner in the firm name of a law partnership. Canon 33: The continued use of the name of a deceased or former partner when permissible by local custom, is not unethical but care should be taken that no imposition or deception is practiced through this use; 4) No possibility of imposition or deception because the deaths of their respective deceased partners were well-publicized in all newspapers of general circulation for several days; 5) No local custom prohibits the continued use of a deceased partner’s name in a professional firm name; 6) Continued use of a deceased partner’s name in the firm name of law partnerships has been consistently allowed by US Courts. ISSUE: Whether or not the firms may continue to use the partnership name despite the death of a partner. RULING: No. The public relations value of the use of an old firm name can tend to create undue advantages and disadvantages in the practice of the profession. An able
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lawyer without connections will have to make a name for himself starting from scratch. Another able lawyer, who can join an old firm, can initially ride on that old firm’s reputations established by deceased partners. Secondly, Art. 1840 of the Civil Code treats more of a commercial partnership with a good will to protect rather than of a professional partnership. In the Philippines, no local custom permits or allows the continued use of a deceased former partner’s name in the firm names of law partnerships. Firm names, under our custom, identify the more creative and/or more senior partners or members of the law firm. D. Petitioners cited Canon 33 of the Canons of Professional Ethics of the American Bar Association" in support of their petitions. It is true that Canon 33 does not consider as unethical the continued use of the name of a deceased or former partner in the firm name of a law partnership when such a practice is permissible by local custom but the Canon warns that care should be taken that no imposition or deception is practiced through this use. It must be conceded that in the Philippines, no local custom permits or allows the continued use of a deceased or former partner's name in the firm names of law partnerships. Firm names, under our custom, Id entify the more active and/or more senior members or partners of the law firm. A glimpse at the history of the firms of petitioners and of other law firms in this country would show how their firm names have evolved and changed from time to time as the composition of the partnership changed.
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