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    Pedro Linsangan - Canon 2

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    Lovely Zyrenjc
    Respondent attorney Nicomedes Tolentino was found to have violated several rules of professional responsibility. He was accused of soliciting clients from another law office by promising them financial assistance and faster collection of claims. He persistently called and messaged the clients to induce them to hire his services instead. The court ruled Tolentino violated rules prohibiting solicitation of clients, encouraging unnecessary lawsuits, stealing clients from another lawyer, and lending money to clients that could influence his representation. As a result, Tolentino was suspended from practicing law for one year and warned of more severe punishment if he repeated such acts.

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    Pedro Linsangan - Canon 2

    Uploaded by

    Lovely Zyrenjc
    134 views2 pages
    Respondent attorney Nicomedes Tolentino was found to have violated several rules of professional responsibility. He was accused of soliciting clients from another law office by promising them financial assistance and faster collection of claims. He persistently called and messaged the clients to induce them to hire his services instead. The court ruled Tolentino violated rules prohibiting solicitation of clients, encouraging unnecessary lawsuits, stealing clients from another lawyer, and lending money to clients that could influence his representation. As a result, Tolentino was suspended from practicing law for one year and warned of more severe punishment if he repeated such acts.

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    PALE Digest

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    Respondent attorney Nicomedes Tolentino was found to have violated several rules of professional responsibility. He was accused of soliciting clients from another law office by promising them financial assistance and faster collection of claims. He persistently called and messaged the clients to induce them to hire his services instead. The court ruled Tolentino violated rules prohibiting solicitation of clients, encouraging unnecessary lawsuits, stealing clients from another lawyer, and lending money to clients that could influence his representation. As a result, Tolentino was suspended from practicing law for one year and warned of more severe punishment if he repeated such acts.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    134 views2 pages

    Pedro Linsangan - Canon 2

    Uploaded by

    Lovely Zyrenjc
    Respondent attorney Nicomedes Tolentino was found to have violated several rules of professional responsibility. He was accused of soliciting clients from another law office by promising them financial assistance and faster collection of claims. He persistently called and messaged the clients to induce them to hire his services instead. The court ruled Tolentino violated rules prohibiting solicitation of clients, encouraging unnecessary lawsuits, stealing clients from another lawyer, and lending money to clients that could influence his representation. As a result, Tolentino was suspended from practicing law for one year and warned of more severe punishment if he repeated such acts.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 2

    . Pedro L. Linsangan vs. Atty. Nicomedes Tolentino (A.C. No.

    6672, September 4,
    2009)
    Facts:

    A complaint for disbarment1 filed by Pedro Linsangan of the Linsangan Linsangan & Linsangan Law
    Office against Atty. Nicomedes Tolentino for solicitation of clients and encroachment of professional
    services.

    Complainant alleged that respondent, with the help of paralegal Fe Marie Labiano, convinced his
    clients2 to transfer legal representation. Respondent promised them financial assistance3 and
    expeditious collection on their claims.4 To induce them to hire his services, he persistently called them
    and sent them text messages.

    Ruling:

    Respondent Atty. Nicomedes Tolentino for violating Rules 1.03, 2.03, 8.02 and 16.04 and Canon 3 of the
    Code of Professional Responsibility and Section 27, Rule 138 of the Rules of Court

    RULE 2.03. A lawyer shall not do or permit to be done any act designed primarily to solicit legal business.

    Hence, lawyers are prohibited from soliciting cases for the purpose of gain, either personally or
    through paid agents or brokers. Such actuation constitutes malpractice, a ground for disbarment.

    RULE 1.03. A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or
    delay any man’s cause.

    This rule proscribes "ambulance chasing" (the solicitation of almost any kind of legal business by an
    attorney, personally or through an agent in order to gain employment) as a measure to protect the
    community from barratry and champerty (champertous contract)

    With regard to respondent’s violation of Rule 8.02 of the CPR, settled is the rule that a lawyer should
    not steal another lawyer’s client nor induce the latter to retain him by a promise of better service, good
    result or reduced fees for his services

    Rule 16.04 – A lawyer shall not borrow money from his client unless the client’s interests are fully
    protected by the nature of the case or by independent advice. Neither shall a lawyer lend money to a
    client except, when in the interest of justice, he has to advance necessary expenses in a legal matter he
    is handling for the client.

    If the lawyer lends money to the client in connection with the client’s case, the lawyer in effect acquires
    an interest in the subject matter of the case or an additional stake in its outcome. Either of these
    circumstances may lead the lawyer to consider his own recovery rather than that of his client,

    respondent Atty. Nicomedes Tolentino for violating Rules 1.03, 2.03, 8.02 and 16.04 and Canon 3 of the
    Code of Professional Responsibility and Section 27, Rule 138 of the Rules of Court 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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