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PEDRO L. LINSANGAN v. ATTY. NICOMEDES TOLENTINO

FACTS:

In this case, Pedro Linsangan filed a complaint for disbarment against Atty. Nicomedes Tolentino. Linsangan accused Tolentino of solicitation of clients and encroachment of professional services. Linsangan claimed that Tolentino, together with paralegal Fe Marie Labiano, persuaded his clients to switch legal representation by promising them financial assistance and fast collection on their claims. An affidavit from James Gregorio supported Linsangan's claim, stating that Labiano tried to convince him to sever his lawyer-client relationship with Linsangan in exchange for a loan of P50,000. Linsangan also submitted Tolentino's calling card, which advertised consultation and assistance for overseas seamen. Tolentino denied knowing Labiano and authorizing the printing and distribution of the calling card. The Integrated Bar of the Philippines' Commission on Bar Discipline (CBD) found that Tolentino had encroached on Linsangan's professional practice and violated ethical rules. The CBD recommended that Tolentino be reprimanded with a stern warning. The case eventually reached the Supreme Court, which adopted the findings of the IBP and discussed the ethical rules breached by Tolentino.

ISSUES:

  1. Whether or not respondent encroached on the professional practice of complainant in violation of Rule 8.02 and other canons of the Code of Professional Responsibility (CPR).

  2. Whether or not respondent violated the rule against soliciting cases for gain.

RULING:

  1. The Supreme Court adopted the findings of the Integrated Bar of the Philippines (IBP) that the respondent had encroached on the professional practice of the complainant in violation of Rule 8.02 and other canons of the CPR. The Court also found that the respondent violated the rule against soliciting cases for gain. However, the Court modified the recommended penalty.

PRINCIPLES:

  • Lawyers must use only true, honest, fair, dignified, and objective information or statement of facts when making known their legal services (Canon 3 of the CPR).

  • The practice of law is a profession and not a business, and lawyers should not advertise their talents like merchants advertise their wares.

  • Lawyers are prohibited from soliciting cases for the purpose of gain, either personally or through paid agents or brokers (Rule 2.03 of the CPR).

  • Lawyers should not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man's cause (Rule 1.03 of the CPR).

  • "Ambulance chasing" (the solicitation of almost any kind of legal business by an attorney, personally or through an agent in order to gain employment) is prohibited to protect the community from barratry and champerty.