PEDRO L. LINSANGAN, Complainant, vs. ATTY. NICOMEDES TOLENTINO, Respondent. Facts: 1. 2. 3. 4. 5.

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In his complaint, Linsangan alleged that Tolentino, with the help of paralegal Fe Marie Labiano, convinced three of Linsangans clients, who are all overseas seafarers, to transfer legal representation. James Gregorio, one of the said seafarers attested that Labiano tried to prevail upon him to switch to Tolentinos services in exchange for a loan of PhP50,000. Labianos calling card had the words with financial assistance on the front, and services offered: consultation and assistance to overseas seamen repatriated due to accident, injury, sickness, death and insurance benefit claims abroad on the back. In his defense, Tolentino initially denied knowing Labiano and authorizing the printing and circulation of the said calling card, but later on admitted it during the mandatory hearing held by the Integrated Bar of the Philippines. It found that respondent encroached on the professional service of Linsangan, violating Rule 8.02 and other Canons of the CPR. Tolentino also contravened Section 27, Rule 138 of the Rules of Court, which prohibits solicitation of cases for gain, personally or through paid agents or brokers, it added. Rule 8.02, on the other hand, provides that a lawyer should not steal another lawyers client nor induce the latter to retain him by a promise of better service, good result or reduced fees for his services. While the Court adopted the findings of the IBP, it raised the recommended penalty from reprimand to suspension.

Issue: Whether or not Tolentino violated the CPR Rule 2.03 Held: Yes Ratio: 1. 2. The Court said Linsangan presented substantial evidence to prove that Tolentino benefited through Labianos actions, enticing hapless seamen to transfer representation due to Labianos promise that Tolentino could produce a more favorable result. The Court pointed out that the phrase with financial assistance contained in Labianos calling card was clearly to lure clients who already had the services of another lawyer to change counsels with a promise of loan to finance their legal actions. Money was dangled the clients, taking advantage of their financial distress and emotional vulnerability, it said. The Court cited Rule 2.03 of the CPR, which provides that (A) lawyer shall not do or permit to be done any act designed primarily to solicit legal business. Thus, lawyers are not allowed to solicit cases for the purpose of gain, either personally or through paid agents or brokers as such constitutes malpractice, which is a ground for disbarment. Atty. Nicomedes Tolentino, is hereby SUSPENDED from the practice of law for a period of one year effective immediately from receipt of this resolution. He is STERNLY WARNED that a repetition of the same or similar acts in the future shall be dealt with more severely.

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