Who can terminate the attorney-client relationship?

A. The Client

Client has absolute right to terminate with or without cause

The rule on this jurisdiction is that a client has an absolute right to terminate the attorney-client
relationship at any time with or without cause. 1 The existence or non-existence of just cause is material
only for determining the right of the lawyer to compensation for services rendered. The client’s right to
terminate the lawyer’s services springs from the strictly personal and highly confidential nature of the
relationship between the lawyer and the client. Once the client loses confidence in his lawyer, he has the
right to dismiss him.2

Client’s changing of lawyers does not need the approval of the court

A client may also discharge his attorney at any time with or without cause and thereafter employ another
lawyer who may then enter his appearance. Thus, it has been held that a client is free to change his
counsel in a pending case and thereafter retain another lawyer to represent him. That manner of changing
a lawyer does not need the consent of the lawyer to be dismissed. Nor does it require approval of the
court.3

B. The Lawyer

No unqualified right to withdraw as counsel

On the other hand, the lawyer does not have an unqualified right to withdraw as counsel. As an officer of
the court, he may not withdraw or be permitted to withdraw as counsel if such withdrawal will work
injustice to a client or frustrate the ends of justice. A lawyer may withdraw at any time with his client’s
consent.4 Without such consent, he may withdraw his services only for good cause and upon notice
appropriate in the circumstances.5

Implied duty to finish the case

Among the fundamental rules of ethics is the principle that an attorney who undertakes an action
impliedly stipulates to carry it to its termination, that is, until the case becomes final and executory. 6

The right of an attorney to withdraw or terminate the relation other than for sufficient cause is, however,
considerably restricted. He is not at a liberty to abandon it without reasonable cause. A lawyer’s right to
withdraw from a case before its final adjudication arises only from the client’s written consent or from
good cause.7

Pertinent provisions in the CPR on the termination of attorney-client relationship

1
Rinconanda Tel. Co., Inc. v. Buenviaje, 184 SCRA 701, 704 (1990).
2
PINEDA, supra note 4.
3
Jalandoni v. Villarosa, AC 5303 (2006).
4
PINEDA, supra note 4.
5
CODE OF PROFESSIONAL RESPONSIBILITY, canon 22.
6
Venterez, et. al. v. Cosme, A.C. No. 7421 (2007).
7
Orcino v. Gaspar, 279 SCRA 379 (1997).
Canon 22 of the Code of Professional Responsibility enumerates some circumstances wherein a lawyer
may withdraw his/her legal services. Rule 19.02 also specifically cites that a lawyer may terminate the
relationship when his/her client has perpetuated fraud.

CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD

CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES.

Rule 22.01 - A lawyer may withdraw his services in any of the following case:
(a) When the client pursues an illegal or immoral course of conduct in connection
with the matter he is handling;

Rule 19.02 - A lawyer who has received information that his client has, in the
course of the representation, perpetrated a fraud upon a person or tribunal,
shall promptly call upon the client to rectify the same, and failing which he
shall terminate the relationship with such client in accordance with the Rules
of Court.

(b) When the client insists that the lawyer pursue conduct violative of these canons
and rules;
(c) When his inability to work with co-counsel will not promote the best interest of
the client;
(d) When the mental or physical condition of the lawyer renders it difficult for him
to carry out the employment effectively;
(e) When the client deliberately fails to pay the fees for the services or fails to
comply with the retainer agreement;
(f) When the lawyer is elected or appointed to public office; and
(g) Other similar cases.

Other cases where there is termination of attorney-client relationship

As cited from the book of Pineda8, the attorney-client relationship is also terminated in the following
circumstances:

(1) Death of the lawyer, unless it is a Law Firm, in which case, the other partners
may continue with the case;
(2) Death of the client as the relationship is personal, and one of agency;
(3) Discharge or dismissal of the lawyer by the client, for the right to dismiss a
counsel is the prerogative of the client, subject to certain limitations;
(4) Appointment or election of a lawyer to the government position which prohibits private practice
of law;
(5) Full termination of the case or case;
(6) Disbarment or suspension of the lawyer from the practice of law;
(7) Intervening incapacity or incompetence of the client during the pendency of the case, for then the
client loses his capacity to contract, or to control the subject matter of the action. The guardian
may authorize the lawyer to continue his employment;
(8) Declaration of the presumptive death of the lawyer 9;
(9) Conviction for a crime and imprisonment of the lawyer.

8
PINEDA, supra note 4.
9
An Act to Ordain and Institute the Civil Code of the Philippines [CIVIL CODE], Republic Act No. 386, art 390
(1949) & The Family Code of the Philippines [FAMILY CODE], Executive Order No. 209, art. 41 (1987).