MOTION TO WITHDRAW

COMES NOW, the undersigned counsel, unto the

Honorable Court, most respectfully states:

1.That the undersigned counsel has already terminated

his attorney-client relationship with the Defendant
_____________, particularly because of the latter's
deliberate failure to pay the fees for the
undersigned's legal services despite repeated
requests for payment and repeated promises to pay, in
violation of the Defendant's Retainer Contract with
the undersigned counsel;

2.That the statement of accounts of the undersigned

counsel merely fell on deaf ears and not a single
centavo was paid to this date by the said Defendant
contrary to all its representations;

3.That the undersigned counsel's previous request for

said Defendant to give consent and conformity to the
undersigned counsel's Motion for Withdrawal was never
acted upon to this date;

4.That in view of the foregoing reasons, the

undersigned counsel could no longer adequately
fulfill his obligations as legal counsel for the said
Defendant;

5.That Rule 22.01 par. (f) of the Code of

Professional Responsibility states that a lawyer may
withdraw his services when the client deliberately
fails to pay the fees for the services or fails to
comply with the retainer agreement;

6.That there is a need to protect the members of the

legal profession from clients who take advantages of
their professional services. In fact, the Honorable
Supreme Court had the occasion to state that:

"Counsel, any counsel, if worthy of his hire, is

entitled to be fully recompensed for his services.
With his capital consisting solely of his brains and
with his skill, acquired at tremendous cost not only
in money but in the expenditure of time and energy,
he is entitled to the protection of any judicial
tribunal against any attempt on the part of the
client to escape payment of his fees. It is indeed
ironic if after putting forth the best that is in him
to secure justice for the party he represents, he
himself would not get his due. Such an eventuality
this Court is determined to avoid. It views with
disapproval any and every effort of those benefited
by counsel's services to deprive him of his hard-
earned honorarium. Such an attitude deserves
condemnation."(Albano vs. Coloma, 21 SCRA 411).

7.As such, undersigned most respectfully requests

that he be allowed by this Honorable Court to
withdraw his appearance in this case as Counsel for
the Defendant _____________ without the latter's
express conformity.

PRAYER

WHEREFORE, premises considered, undersigned counsel

most respectfully prays that he be allowed to
withdraw his appearance in this case as counsel for
the Defendant _____________, dispensing with the
latter's express conformity, and that he be relieved
of all his responsibilities relative to this case.

Other reliefs just and equitable under the premises

are likewise prayed for.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL