Terminating and Establishing attorney-client relationship

Problem Areas in Legal Ethics

Arellano University School of Law – Arellano Law Foundation
2019-2020

Who is a “client”?
A "client" is a person, public officer, or corporation, association, or other organization or entity, either
public or private, who is rendered professional legal services by a lawyer, or who consults a lawyer with a
view to obtaining professional legal services from him. - Westinghouse Electric Corporation v. Kerr-McGee
Corporation et. al., 580 F.2d 1311 1978

“What constitutes legal advice”?

A difficult question to answer is “what constitutes legal advice”? There is not a lot of case law available to
answer that question. However, one may draw a logical conclusion that “legal advice” is anything that will
determine a person’s course of action, or any interpretation of cases, statutes, or other governing law.
Therefore, answering a question about the meaning of a term in a document; or what would happen in the
absence of a particular document; or how a law applies to a specific person or situation; would most likely
constitute the rendering of legal advice.

Nature of attorney-client relationship

An attorney-client relationship is said to exist when a lawyer acquiesces or voluntarily permits the
consultation of a person, who in respect to a business or trouble of any kind, consults a lawyer with a
view of obtaining professional advice or assistance.

It is not essential that the client should have employed the lawyer on any previous occasion or that
any retainer should have been paid, promised or charged for; neither is it material that the attorney
consulted did not afterward undertake the case about which the consultation was had, for as long as
the advice and assistance of the attorney is sought and received in matters pertinent to his profession. -
Virgo v. Atty. Amorin A.C. No. 7861 [2009]

Can trigger a lawyer-client relationship

A lawyer-client relationship was established from the very first moment complainant asked respondent
for legal advise regarding the former's business. To constitute professional employment, it is not essential
that the client employed the attorney professionally on any previous occasion.
It is not necessary that any retainer be paid, promised, or charged; neither is it material that the
attorney consulted did not afterward handle the case for which his service had been sought.- Hadjula v.
Atty. Madianda, A.C. No. 6711 July 3, 2007

Fiduciary relationship also begins during preliminary consultation

The emerging general rule is that "The fiduciary relationship existing between lawyer and client extends to
preliminary consultation by a prospective client with a view to retention of the lawyer, although actual
employment does not result."

Verbal agreement
There is no gainsaying that a verbal engagement is sufficient to create an attorney-client relationship. -
Urban Bank Inc. vs. Atty. Pena, A.C. No. 4863 [2001]

Written contract is not essential in establishing lawyer-client relationship

A written contract is not an essential element in the employment of an attorney; the contract may be
express or implied. - Francisco v. Atty. Portugal, A.C. No. 6155 [2006]

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A formal contract imposes a higher fiduciary duty than an implied contract
The basic elements of the attorney-client relationship are not changed because the contract for services is
expressed in a formal written contract. Indeed the very making of a formal contract and its performance
impose a high duty on the attorney because he is dealing in an area in which he is expert and the client is
not and as to which the client must necessarily rely on the attorney. . . . This is not to suggest that a formal
contract is unimportant but rather that a formal long-term contract, superimposed on the normal attorney-
client relationship, alters the relationship only by adding new dimensions of duties and obligations on the
attorney

Presumption of Authority
The presumption in favor of the counsels authority to appear in behalf of a client is a strong one. A lawyer is
not even required to present a written authorization from the client. In fact, the absence of a formal notice
of entry of appearance will not invalidate the acts performed by the counsel in his clients name. - LBP v.
Pamintuan Development Corp., G.R. No. 167886, October 25, 2005

Section 21, Rule 138 of the Rules of Court

SEC. 21. Authority of attorney to appear.
An attorney is presumed to be properly authorized to represent any cause in which he appears, and no
written power of attorney is required to authorize him to appear in court for his client, but the presiding
judge may, on motion of either party and on reasonable grounds therefor being shown, require any
attorney who assumes the right to appear in a case to produce or prove the authority under which he
appears, and to disclose, whenever pertinent to any issue, the name of the person who employed him, and
may thereupon make such order as justice requires. An attorney wilfully appearing in court for a person
without being employed, unless by leave of the court, may be punished for contempt as an officer of the
court who has misbehaved in his official transactions.

Court finds that no attorney-client relationship exists

The relationship of complainant and [counsel] is mainly personal or business in nature, and that whatever
legal services may have been rendered or given to them by Atty. Amorin for free were only incidental to said
relationship. Noteworthy also is the fact that complainant was not able to specify any act or transaction in
which [counsel] acted as her or her husband's counsel. - Virgo v. Atty. Amorin A.C. No. 7861 [2009]

There are instances, however, when the Court finds that no attorney-client relationship exists between the
parties, such as when the relationship stemmed from a personal transaction between them rather than the
practice of law of respondent or when the legal acts done were only incidental to their personal transaction.
- Virgo v. Atty. Amorin A.C. No. 7861 [2009]

Duty once a lawyer-client relationship exist

Canon 18 of the Code of Professional Responsibility, that “a lawyer shall serve his client with competence
and diligence.”

A client may form an attorney-client relationship with more than one attorney or law firm on the
same legal matter.

Each attorney or law firm representing the client owes the client all of the fiduciary duties arising from an
attorney-client relationship. A law firm is not immune from liability for a breach of fiduciary duty simply
because another attorney also owed a fiduciary duty to the client. – Morris v. Arthur Margulis and Margulis
& Grant, P.C., 718 N.E.2d 709 (1999)

Lawyer’s responsibility
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE.
xxxx

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 Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him and his negligence in
connection therewith shall render him liable.

Rule 18.04 - A lawyer shall keep the client informed of the status of his case and shall respond
within a reasonable time to the client’s request for information.
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. -
Venterez, et. al. v. Atty. Cosme, A.C. No. 7421 [2007]

Among the fundamental rules of ethics is the principle that an attorney who undertakes to conduct an
action impliedly stipulates to carry it to its conclusion.- Francisco v. Atty. Portugal, A.C. No. 6155,
March 14, 2006

Close personal relationship will not bar a lawyer-client relationship

Likewise, a lawyer-client relationship exists notwithstanding the close personal relationship between
the lawyer and the complainant or the non-payment of the former's fees. - Hadjula v. Atty. Madianda,
A.C. No. 6711 July 3, 2007

Attorney-client relationship not prevented by kinship

Clearly, we think, the evidence here meets these requirements and shows that there was an implied relation
of attorney and client between the son and mother.
As is said xxx "where the necessary elements of a contract (of employment) exist, the creation of the
relation is not prevented merely by the fact that a blood relationship exists between the attorney and
client."
It is true that Shockey made no charge to his mother for his services, but that was not necessary to the
creation of the relation of attorney and client.

Establishment of lawyer-client relationship not influenced by personal affiliation

Respondent takes further refuge in the intimate and close relationship existing between himself and
the complainant’s family on the basis of which his legal services were purely gratuitous or “simply an act
of a friend for a friend” with “no consideration involved.” Unfortunately, his efforts to redeem the
foreclosed property, as already stated, did not produce the desired result because the mortgagee “would not
budge anymore” and “would not accept the sum offered.”
Thus, the respondent concluded that there was, strictly speaking, no attorney-client [relationship] existing
between them. Rather, right from the start[,] everything was sort of personal, he added. xxx This
contention has no merit. - Junio v. Atty. Grupo, A.C. No. 5020. December 18, 2001

When dealing with unrepresented parties

When dealing with unrepresented parties, especially when they are related to the client or are partners of
the client, it is crucial to have a writing that clarifies who the lawyer represents and who the lawyer does
not represent. A letter to the unrepresented parties may contain language similar to the following:

                   I enjoyed [meeting you] [talking with you] yesterday regarding [legal matter]. As I mentioned, I
am only representing [client] in this matter. I am not representing you and cannot advise you regarding
your interests in this matter. You should consider consulting with a lawyer of your choice. [By Thomas P.
Sukowicz]

Lawyer stipulates to finish the case

This rule is consistent with the principle that an attorney who undertakes to conduct an action impliedly
stipulates to carry it to its termination, and is not at liberty to abandon it without reasonable cause. The
duty of a lawyer to safeguard his client’s interests commences from his retainer until his effective discharge

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from the case or the final disposition of the entire subject matter of the litigation. – Balatbat v. Atty. Arias,
A.C. No. 1666, April 13, 2007
……..
When an action or proceeding is initiated in our courts, lawyers become the eyes and ears of their clients.
Lawyers are expected to prosecute or defend the interests of their clients without need for reminders. The
privilege of the office of attorney grants them the ability to warrant to their client that they will manage the
case as if it were their own.
The relationship between an attorney and client is a sacred agency. It cannot be disregarded on the flimsy
excuse that the lawyer accepted the case only because he or she was asked by an acquaintance. The
professional relationship remains the same regardless of the reasons for the acceptance by counsel and
regardless of whether the case is highly paying or pro bono. – Ramirez v. Atty. Mercedes Buhayang-
Margallo, A.C. No. 10537, February 3, 2015

Attorney's advice or assistance is sought and received

The essence of the attorney/client relationship is whether the attorney's advice or assistance is sought and
received on legal matters.
The existence of the relationship "turns largely on the client's subjective belief that it exists". The client's
subjective belief, however, does not control the issue unless it is reasonably formed based on the attending
circumstances, including the attorney's words or actions. – Bohn v. Cody, 832 P.2d 71 (1992)

Duty of an attorney when entering into a business arrangement with a client

Where an attorney enters into a business arrangement with a client, “ ‘he must make it manifest that he
gave to his client “all that reasonable advice against himself that he would have given him against a third
person.” - BGJ Associates, LLC et al. v. Jeff Wilson, 7 Cal. Rptr. 3d 140 (2004)

A non-engagement letter
A non-engagement letter under these circumstances would prevent any misunderstanding about the
absence of an attorney-client relationship. It might include the following language:

We have received [your communication][the documents you delivered] regarding [subject matter]. While
we appreciate the confidence you have expressed in our firm, for various reasons we are unable to represent
you in this matter. We are returning under cover of this letter the materials you provided for our review.
[By Thomas P. Sukowicz]

Non-engagement letter addressing prescription

Because courts have found a duty to inform the client of the requirement of filing within the statutory
period, a non-engagement letter should address that issue, without necessarily giving an opinion about
when the time within which to file will expire. The non-engagement letter should include language similar
to the following:

                     Please note that the law limits the time within which individuals may file law suits. Allowing
too much time to pass may forever bar you from asserting your claim. We are not providing our opinion as
to the date by which you must file any law suit against [adverse party]. We encourage you, however, to
immediately contact another attorney if you wish to pursue your claim. [By Thomas P. Sukowicz]

Disclaimers
Appropriate disclaimers which would inform the potential client that it cannot rely on information supplied
by the attorney would minimize the attorney’s liability exposure. – Ethical Considerations by Stephanie
Friese of Friese and Price Law Firm, stephanie@frieseandprice.com http://pftlegal.com/wp-
content/uploads/2012/12/EthicalConsiderations.NBISeminar.2004.pdf

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A “disclaimer” of any legal advice
The non-engagement letter should also include a disclaimer of any legal advice. For example, the letter
might include:

In declining to take your case, we are not expressing an opinion about the merits of your position. We
encourage you to consult with another attorney regarding your case if you so choose. Our decision not to
accept this representation should not be interpreted as an adverse opinion about the merits of your case.
[By Thomas P. Sukowicz]

Listening to his client's preliminary statement of his case establishes attorney-client relationship
If a person, in respect to his business affairs or troubles of any kind, consults with his attorney in his
professional capacity with the view to obtaining professional advice or assistance, and the attorney
voluntarily permits or acquiesces in such consultation, then the professional employment must be
regarded as established. . . .
An attorney is employed-that is, he is engaged in his professional capacity as a lawyer or counselor-when
he is listening to his client's preliminary statement of his case, or when he is giving advice thereon,
just as truly as when he is drawing his client's pleadings, or advocating his client's cause in open court. -
Hilado v. Atty. Guitierrez, et. al., G.R. No. L-961, September 21, 1949

A mere principal and agent relationship does not create a lawyer-client relationship
In order to constitute the relation (of attorney and client) a professional one and not merely one of
principal and agent, the attorneys must be employed either to give advice upon a legal point, to prosecute
or defend an action in court of justice, or to prepare and draft, in legal form such papers as deeds, bills,
contracts and the like. - Hilado v. Atty. Guitierrez, et. al., G.R. No. L-961, September 21, 1949

When is there an implied attorney-client relationship?

The distinction seems to turn on the nature of the advice: if the lawyer is responding to a specific question
or offering advice on specific facts, she is much closer to an implied attorney-client relationship because of
the potential for reasonable reliance than if she is just answering a general question about the law. –
Unsolicited E-mail and the Attorney-client Relationship; Harvard Journal of Law & Technology Volume 17,
Number 2 Spring 2004
………
An attorney-client relationship may be implied "when:
(1) a person seeks advice or assistance from an attorney,
(2) the advice or assistance sought pertains to matters within the attorney's professional competence, and
(3) the attorney expressly or impliedly agrees to give or actually gives the desired advice or assistance.“
– Todd v. State of Nevada, 931 P.2d 721 (1997)

Stipulation to continue/ the retainer agreement - Valid or void?

The subject agreement between the parties “can only be canceled by notice not less than six nor more
than seven months before the start of the next one-erminateyear period.”

The agreement “can only be canceled by notice within a restrictive thirty-day period.”

In the event of premature termination, client shall pay counsel the lump sum of the remaining period of
retainer agreement.”

Lawyer stipulates to finish the case

This rule is consistent with the principle that an attorney who undertakes to conduct an action impliedly
stipulates to carry it to its termination, and is not at liberty to abandon it without reasonable cause. The
duty of a lawyer to safeguard his client’s interests commences from his retainer until his effective discharge
from the case or the final disposition of the entire subject matter of the litigation. – Balatbat v. Atty. Arias,
A.C. No. 1666, April 13, 2007

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……..
When an action or proceeding is initiated in our courts, lawyers become the eyes and ears of their clients.
Lawyers are expected to prosecute or defend the interests of their clients without need for reminders. The
privilege of the office of attorney grants them the ability to warrant to their client that they will manage the
case as if it were their own.
The relationship between an attorney and client is a sacred agency. It cannot be disregarded on the flimsy
excuse that the lawyer accepted the case only because he or she was asked by an acquaintance. The
professional relationship remains the same regardless of the reasons for the acceptance by counsel and
regardless of whether the case is highly paying or pro bono. – Ramirez v. Atty. Mercedes Buhayang-
Margallo, A.C. No. 10537, February 3, 2015
Terminating a lawyer-client relationship

Terminating the attorney-client relation

CLIENT: The rule in this jurisdiction is that a client has the absolute right to terminate the attorney-
client relation at anytime with or without cause.

ATTORNEY: The right of an attorney to withdraw or terminate the relation other than for sufficient cause
is, however, considerably restricted. Xxx He is not at 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 a good cause. - Francisco v. Atty. Portugal, A.C. No. 6155, March 14, 2006

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; [see Rule 19.02]
(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 [see Rule 3.03]; and
(g) Other similar cases.
Rule 3.03 - Where a partner accepts public office, he shall withdraw from the firm and his name shall be
dropped from the firm name unless the law allows him to practice law concurrently.

Rule 15.06. - A lawyer shall not state or imply that he is able to influence any public official, tribunal or
legislative body.

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.

Ways to terminate A-C relationship

It must be pointed out that the relation of attorney-client may be terminated by:
(1) the act of the client;
(2) the act of the attorney;
(3) the death of the client;
(4) the death of the attorney; or
(5) the accomplishment of the purpose for which it was created.

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 - Napoleon R. Gonzaga and Ricardo R. Gonzaga v. Atty. Eugenio V. Villanueva, Jr.A.C. No. 1954. July 23,
2004
……..
Because of this fiduciary relationship, "a client has the absolute right to discharge the attorney and
terminate the relation at any time, even without cause."
A client's discharge of his attorney "is not a breach of the contract of employment but the exercise of his
right."
This right to terminate is a term of the contract implied by public policy because of the peculiar
relationship between attorney and client.
A client must be free to end the relationship whenever "`he ceases to have absolute confidence in either the
integrity or the judgment or the capacity of the attorney.'"

Change of attorney
Section 26 of Rule 138 of the Revised Rules of Court provides:
"Sec. 26. Change of attorneys -- An attorney may retire at any time from any action or special proceeding,
by the written consent of his client filed in court. He may also retire at any time from an action or special
proceeding, without the consent of his client, should the court, on notice to the client and attorney, and on
hearing, determine that he ought to be allowed to retire. In case of substitution, the name of the attorney
newly employed shall be entered on the docket of the court in place of the former one, and written notice
of the change shall be given to the adverse party.

Non-payment of fees does not diminish a lawyer’s duty

Assuming the non-payment to be true, such failure should not be a reason not to inform the client of an
important development, or worse, to withhold vital information from her. - Somosot v. Atty. Lara A.C. No.
7024 [2009]
Remedy for deliberate refusal to pay
It is but just and proper that if refusal to pay just compensation ensues in any transaction, the proper
remedy is to institute an action before the proper court and such actuation of the respondent herein did
not constitute deceit, malpractice or gross misconduct. - Urban Bank Inc. vs. Atty. Pena, A.C. No.
4863 [2001]

Rule 20.04 - A lawyer shall avoid controversies with clients concerning his compensation and shall resort
to judicial action only to prevent imposition, injustice or fraud.
Nonpayment of fees is not a sufficient basis, standing alone
Courts [] generally allow legal counsel to withdraw where there is a breakdown in the attorney-client
relationship. This may include the client's failure to pay legal fees where the failure to pay would impose an
unreasonable financial burden on the attorney. On the other hand, "the nonpayment of fees is usually not a
sufficient basis, standing alone, to override the attorney's ethical responsibilities of continued
representation of a client . – In re: Schley & Schley, May 9, 2012

Perceived insufficiency of remuneration not a ground to diminish professional zeal

Hence, even if respondent felt under-compensated in the case he undertook to defend, his obligation
embodied in the Lawyer’s Oath and the Code of Professional Responsibility still remains unwavering. The
zeal and the degree of fervor in handling the case should neither diminish nor cease just because of his
perceived insufficiency of remuneration. - Francisco v. Atty. Portugal, A.C. No. 6155 [2006]

Changing lawyer does not need the approval of the Court

[A client] may 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.
- Atty. Jalandoni v. Atty. Villarosa, AC 5303, June 15, 2006

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Termination of services without the written consent of client
A lawyer who desires to retire from an action without the written consent of his client must file a
petition for withdrawal in court. He must serve a copy of his petition upon his client and the adverse party -
Atty. Jalandoni v. Atty. Villarosa, AC 5303, June 15, 2006

A lawyer must see to it that a new lawyer is recorded before terminating his services
An attorney may only retire from a case either by written consent of his client or by permission of the
court after due notice and hearing, in which event the attorney should see to it that the name of the
new lawyer is recorded in the case. - Atty. Jalandoni v. Atty. Villarosa, AC 5303, June 15, 2006

Cessation of law practice is not a “good cause” to withdraw

Neither is the cessation of his law practice an excuse for his failure to file the required brief. Even if
it were true that Atty. Briones has stopped practicing law, he still could not ignore the directives coming
from the Court. It does not appear from the records of G.R. No. 130965 that Atty. Briones has withdrawn
his appearance. Unless he has withdrawn his appearance in the case, the Court would still consider him
as counsel for the accused-appellant and he is expected to comply with all its orders and directives. - In
Re: Atty. David Briones, A.C. No. 5486. August 15, 2001]

The only way to be relieved as counsel

Thus, the only way to be relieved as counsel is to have either the written conformity of his client or an
order from the court relieving him of the duties of counsel, in accordance with Rule 138, Section 26 of
the Rules of Court. - Balatbat v. Atty. Arias, A.C. No. 1666, April 13, 2007

Duty of lawyer once he is discharged as counsel

Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn
over all papers and property to which the client is entitled, and shall cooperative with his successor in the
orderly transfer of the matter, including all information necessary for the proper handling of the matter.

The discharged attorney must likewise see to it that the name of the new counsel is properly recorded and
the records properly handed over. - Balatbat v. Atty. Arias, A.C. No. 1666 [2007]

……..
An attorney must make an application to the court to withdraw as counsel, for the relation does not
terminate formally until there is a withdrawal of record; at least, so far as the opposite party is concerned,
the relation otherwise continues until the end of the litigation. Unless properly relieved, the counsel is
responsible for the conduct of the case. Until his withdrawal shall have been approved, the lawyer remains
counsel of record who is expected by his client as well as by the court to do what the interests of his client
require. He must still appear on the date of hearing for the attorney-client relation does not terminate
formally until there is a withdrawal of record. – Sps. Saligumbas v. Palanog, G.R. No. 143365, December 4,
2008

A simple turnover of the records does not end a lawyer’s duty

Contrary to respondent’s contention, his professional relations as a lawyer with his clients are not
terminated by the simple turnover of the records of the case to his clients. - Venterez, et. al. v. Atty.
Cosme, A.C. No. 7421 [2007]

xxx and shall cooperative with his successor in the orderly transfer of the matter, including all
information necessary for the proper handling of the matter. - Rule 22.02

Client refusal to give his consent is still subject to Court’s discretion

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A lawyer may retire at any time from any action or special proceeding with the written consent of his client
filed in court and with a copy thereof served upon the adverse party. Should the client refuse to give his
consent, the lawyer must file an application with the court. The court, on notice to the client and adverse
party, shall determine whether the lawyer ought to be allowed to retire. The application for
withdrawal must be based on a good cause. - Venterez, et. al. v. Atty. Cosme, A.C. No. 7421 [2007]
Consent to withdraw must be given by the litigant himself
Respondent’s defense completely crumbles in face of the fact that Salvador Ramirez is not even a party in
Civil Case No. 981 and, hence, had no authority to withdraw the records of the said case from respondent or
to terminate the latter’s services. - Venterez, et. al. v. Atty. Cosme, A.C. No. 7421 [2007]

Pendency of petition for withdrawal does not relieve lawyer of his duty
The lawyer has no right to presume that his petition for withdrawal will be granted by the court. Until his
withdrawal shall have been approved, the lawyer remains counsel of record who is expected by his clients,
as well as by the court, to do what the interests of his clients require. He must still appear before the court
to protect the interest of his clients by availing himself of the proper remedy, for the attorney-client
relations are not terminated formally until there is a withdrawal of record. - Venterez, et. al. v.
Atty. Cosme, A.C. No. 7421 [2007]

A valid cause to withdraw must still be subject to formalities of withdrawing as counsel

Without a proper revocation of his authority and withdrawal as counsel, respondent remains counsel of
record for the complainants in Civil Case No. 981; and whether he has a valid cause to withdraw from
the case, he cannot immediately do so and leave his clients without representation. - Venterez, et.
al. v. Atty. Cosme, A.C. No. 7421 [2007]

Verbal substitution of counsel not allowed

A verbal substitution of counsel, albeit impliedly granted by respondent judge, contravenes Section 26 of
Rule 138 of the Rules of Court which prescribes the requirements for change of attorneys. Said provision
requires that the written consent of the client should be filed in court and the adverse party should be given
written notice of the substitution. As correctly pointed out by the OCA, if her intention was to obviate
delay, then she should have ordered the counsel of record, Atty. Nueva, who was present during the
hearing, to file the required comment or opposition. - Requirme, Jr. v. Judge Yuipco, A.M. No. RTJ-98-
1427. November 27, 2000

Death of a partner
Petitioner's counsel was the law firm of BAIZAS, ALBERTO & ASSOCIATES and not merely Atty. Crispin
Baizas. Hence, the death of the latter did not extinguish the lawyer-client relationship between said
firm and petitioner.
Upon receipt of the notice to file Brief, the law firm should have re-assigned the case to another
associate or, it could have withdrawn as counsel in the manner provided by the Rules of Court so that
the petitioner could contract the services of a new lawyer. - B.R. Sebastian Enterprises, Inc. v. CA, G.R.
No. L-41862 [1992]

Ground to withdraw from a case before its final adjudication

A lawyer’s right to withdraw from a case before its final adjudication arises only from the client’s
written consent or from a good cause. - Francisco v. Atty. Portugal, A.C. No. 6155 [2006]

Heavy workload
Standing alone, heavy workload is not sufficient reason for the withdrawal of her services. - Ceniza v.
Atty. Rubia, A.C. No. 6166 [2009]

Lost of confidence

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Respondent's withdrawal was made on the ground that "there no longer exist[ed] the xxx confidence"
between them and that there had been "serious differences between them relating to the manner of private
prosecution.”- Orcino v. Atty. Gaspar, A.C. No. 3773 September 24, 1997
“Hurt feelings” is not a valid ground to automatically withdraw
Complainant's words and actions may have hurt respondent's feelings considering the work he had put into
the case. But her words were uttered in a burst of passion. And even at that moment, complainant did not
expressly terminate respondent's services. She made this clear when she refused to sign his "Motion to
Withdraw as Counsel.“ - Orcino v. Atty. Gaspar, A.C. No. 3773 September 24, 1997

Withdrawal must be granted by the court

Assuming, nevertheless, that respondent was justified in terminating his services, he, however, cannot just
do so and leave complainant in the cold unprotected. The lawyer has no right to presume that his petition
for withdrawal will be granted by the court. Until his withdrawal shall have been approved, the lawyer
remains counsel of record who is expected by his client as well as by the court to do what the
interests of his client require. He must still appear on the date of hearing for the attorney-client relation
does not terminate formally until there is a withdrawal of record.- Orcino v. Atty. Gaspar, A.C. No. 3773
September 24, 1997

Client should not file the Notice to Withdraw

Certainly, respondent ought to know that he was the one who should have filed the Notice to Withdraw
and not the accused. - Francisco v. Atty. Portugal, A.C. No. 6155 [2006]
Having an additional lawyer did not necessarily mean conformity
The appearance of Atty. Alminaza in fact was not even to substitute for respondent but to act as additional
counsel. Mrs. Jalandoni’s conformity to having an additional lawyer did not necessarily mean
conformity to respondent’s desire to withdraw as counsel. Respondent’s speculations on the
professional relationship of Atty. Alminaza and Mrs. Jalandoni find no support in the records of this case.
That Mrs. Jalandoni continued with Atty. Alminaza’s professional engagement on her behalf despite
respondent’s withdrawal did not absolve the latter of the consequences of his unprofessional
conduct. - Atty. Jalandoni v. Atty. Villarosa, A.C. No. 5303 [2006]

Effect of withdrawal as counsel

The attorney who withdraws with good cause is entitled to fees, but the attorney who withdraws without
good cause is not entitled to fees.
If an attorney is found to have violated the ethical rules, a court may find that any claim to fees from the
matter is invalid.
Accordingly, an attorney contemplating withdrawal must consider whether it would be with or without
cause to determine if the client is required to pay fees because an attorney's lien will always be invalid
when the client is not required to pay fees.

Proper Withdrawal of Counsel

A lawyer may retire at any time from any action or special proceeding with the written consent of his
client filed in court and copy thereof served upon the adverse party.
Should the client refuse to give his consent, the lawyer must file an application with the court. The
court, on notice to the client and adverse party, shall determine whether he ought to be allowed to retire.
The application for withdrawal must be based on a good cause. - Orcino v. Atty. Gaspar, A.C. No. 3773.
September 24, 1997

Court approval required before

counsel can withdraw
Assuming, nevertheless, that respondent was justified in terminating his services, he, however, cannot just
do so and leave complainant in the cold unprotected.

10
The lawyer has no right to presume that his petition for withdrawal will be granted by the court. Until his
withdrawal shall have been approved, the lawyer remains counsel of record who is expected by his client as
well as by the court to do what the interests of his client require.
He must still appear on the date of hearing for the attorney-client relation does not terminate formally until
there is a withdrawal of record. – Orcino v. Atty. Gaspar, A.C. No. 3773. September 24, 1997

Where a partner or associate is suspended from the practice of law

The bare fact that Atty. Barrera was already under suspension when De los Santos received the decision of
the trial court did not relieve her of the duty to hand over the decision to any of the associates in the law
office. It bears stressing that the respondent was represented by the J.T. Barrera & Associates, and not by
Atty. Joelito Barrera alone.
The attorney-client relationship between J.T. Barrera & Associates and the respondent was not thereby
severed upon the one-year suspension of Atty. Barrera from the practice of law. The law firm continued to
be the counsel of record of the respondent. Any member of the law firm could appear for trial and sign
pleadings for the firm as the respondents counsel in the trial court.
…….
As the Court ruled in one case, [w]hen a client employs the services of a law firm, he does not employ the
services of the lawyer who is assigned to personally handle the case. Rather, he employs the entire law firm.
In the event that the counsel appearing for the client resigns, the firm is bound to provide a replacement.
We see no reason why the same principle should not apply to a case where a partner or associate is
suspended from the practice of law, as in this case. – Balgami, et. al. v. Court of Appeals, G.R. No. 131287.
December 9, 2004

Death of a client
Respondent court therefore erred in ruling that since upon the demise of the party-appellant, the attorney-
client relationship between her and her counsels "was automatically severed and terminated," whatever
pleadings filed by said counsel with it after the death of said appellant "are mere scraps of paper."
If at all, due to said death on May 25, 1975 and severance of the attorney-client relationship, further
proceedings and specifically the running of the original 45-day period for filing the appellant’s brief should
be legally deemed as having been automatically suspended, until the proper substitution of the
deceased appellant by her executor or administrator or her heirs shall have been effected within the time
set by respondent court pursuant to the cited Rule. – The Heirs of the late Florentina Nuguid vda. De
Haberer v. CA, G.R. Nos. L-42699 to L-42709. May 26, 1981

Death of a party
RRC
Rule 3 RRC, Section 16. Death of party; duty of counsel. — Whenever a party to a pending action dies, and
the claim is not thereby extinguished, it shall be the duty of his counsel to inform the court within thirty
(30) days after such death of the fact thereof, and to give the name and address of his legal representative or
representatives. Failure of counsel to comply with his duty shall be a ground for disciplinary action.
The heirs of the deceased may be allowed to be substituted for the deceased, without requiring the
appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor
heirs.

…….
The court shall forthwith order said legal representative or representatives to appear and be substituted
within a period of thirty (30) days from notice.
If no legal representative is named by the counsel for the deceased party, or if the one so named shall fail to
appear within the specified period, the court may order the opposing party, within a specified time to
procure the appointment of an executor or administrator for the estate of the deceased and the latter shall
immediately appear for and on behalf of the deceased. The court charges in procuring such appointment, if
defrayed by the opposing party, may be recovered as costs.

11
…….
Section 17. Death or separation of a party who is a public officer. — When a public officer is a party in an
action in his official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the
action may be continued and maintained by or against his successor if, within thirty (30) days after the
successor takes office or such time as may be granted by the court, it is satisfactorily shown to the court by
any party that there is a substantial need for continuing or maintaining it and that the successor adopts or
continues or threatens to adopt or continue to adopt or continue the action of his predecessor. Before a
substitution is made, the party or officer to be affected, unless expressly assenting thereto, shall be given
reasonable notice of the application therefor and accorded an opportunity to be heard.

Section 18. Incompetency or incapacity. — If a party becomes incompetent or incapacitated, the court,
upon motion with notice, may allow the action to be continued by or against the incompetent or
incapacitated person assisted by his legal guardian or guardian ad litem.

Duty to inform the court

If no legal representative is named by the counsel for the deceased party, or if the one so named shall fail to
appear within the specified period, the court may order the opposing party, within a specified time, to
procure the appointment of an executor or administrator for the estate of the deceased and the latter shall
immediately appear for and on behalf of the deceased. The court charges in procuring such appointment, if
defrayed by the opposing party, may be recovered as costs.

……..
Although Rule 3, Section 16 of the Rules of Court is directly applied more often in civil actions for the
substitution of the deceased party, the rule that the counsel of the deceased party must inform the court of
the death of his or her client also properly applies in criminal actions. Regardless of the nature of the action,
courts cannot be expected to assume the death of the party without the counsel's proper manifestation.
Furthermore, the rules presume that "the attorney for the deceased party is in a better position than the
attorney for the adverse party to know about the death of his [or her] client[.]“
As officers of the court and as protectors of the legal interests of their clients, counsels have a duty to
properly act in case of their clients' death by notifying the Court of this development. – Tuano v. PP, G.R.
No. 205871, September 28, 2016

Fact of death of client terminated any further lawyer-client relationship

The duty of counsel under the aforecited provision is to inform the court within thirty (30) days after the
death of his client of the fact of death, and to give the name and address of the deceased's legal
representative or representatives. Incidentally, this is the only representation that counsel can undertake
after the death of a client as the fact of death terminated any further lawyer-client relationship. – Judge
Sumaljag v. Sps. Literato, G.R. No. 149787 , June 18, 2008

Counsel failed to notify the court

Private respondent Muriel M. Chittick died in Los Angeles, California, United States of America, on April
25,1964 while the case was pending with respondent Court of Appeals. It was only on August 5, 1965,
however, that counsel for private respondent filed a motion for substitution of party plaintiff-appellee five
days after respondent court promulgated its decision of July 31, 1965, despite Section 16, Rule 3 of the Rules
of Court which clearly provides for a prompt notice of such death to be given to the Court by the attorney
of the deceased. In fact said counsel himself admitted his lapse in memory, alleging however, that he
thought all the while that he had already complied with the aforementioned sections of Rule 3 and that he
discovered his neglect when he went over the records of the case upon receipt of the decision promulgated
by the Court of Appeals.

…….

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There is no question that this duty applies in this case where a party dies after filing of the complaint and
during the pendency of the case, nor is there any argument against the rule that counsel's inexcusable
negligence is binding on his client. – Chittick v. Court of Appeals, G.R. No. L-25350 October 4, 1988

Consequently, it is evident that the motion for substitution filed by the counsel for the deceased and which
was subsequently approved by the Court of Appeals is null and void because the party in whose name it was
presented was dead, and therefore, the authority of the attorney to represent her had ceased. – Chittick v.
Court of Appeals, G.R. No. L-25350 October 4, 1988

Authority to represent the decedent also expired

Attorney Javier’s appeal from the decision of the trial court was correctly dismissed by the appellate court
for upon the death of Maximo Regoso, Attorney Javier’s authority to represent him also expired. The notice
of appeal which Attorney Javier filed on behalf of the decedent was an unauthorized pleading, hence,
invalid. – Heirs of Regoso v. Court of Appeals, G.R. No. 91879. July 6, 1992

Rule also applies in other tribunals

The appellate court likewise held that the DAR could not be faulted if there was no substitution of parties,
for although the DARAB rules do not contain any provision bearing on the death of a party, the Rules of
Court makes it the duty of counsel to inform the tribunal the fact of death of the party and the name and
address of his representative.
Furthermore, the appellate court held that even without above-stated rule, "ordinary common sense . . .
dictate[s] that the heirs of a deceased litigant cannot sleep on their duty to attend the estate of the
deceased" xxx. - Heirs of Juan Griño, Sr. represented by Remedios C. Griño v. Department of Agrarian Reform,
G.R. No. 165073, June 30, 2006

Contract for legal services will not defeat the right of the heirs
The immediate issue in this case is whether or not Atty. Felipe C. Navarro, the petitioner, is the proper
party to represent Marcelo Yadno, the deceased.

Petitioner, Atty. Felipe Navarro, is invoking the contract of legal services he entered with his former client
Marcelo Yadno and others as his authority to take the place of Yadno in case of the latter’s death. Hence,
when the supervening event of death came during the pendency of Yadno’s appeal to the Court of Appeals,
petitioner Navarro simply filed a notice of substitution and a motion for reconsideration rolled into one and
upon receipt of an adverse decision, he is now before this Court pursuing the case in lieu of the late Marcelo
Yadno.

……..
Private respondent counters that the "contract of legal services" could not have transmitted any right to
Atty. Navarro to succeed the late Marcelo Yadno considering that the alleged document is neither a
substitution of heirs nor transmittal of rights on the land in litigation in the case at bar. He avers that the
title of the contract itself states that it is a contract for legal services and its contents which states." . . our
rights shall only be transmitted to our heirs . . ." meaning the legal heirs could not have possibly made Atty.
Navarro as heir of Marcelo Yadno.

……..
The contention of the private respondent is well taken.

Section 17, Rule 3 of the Rules of Court sets the rule on substitution of parties in case of death of any of the
parties. Under the Rule, it is the court that is called upon, after notice of a party’s death and the claim is not
thereby extinguished, to order upon proper notice the legal representative of the deceased to appear within
a period of thirty (30) days or such time as it may grant. - Atty. Navarro v. Court of Appeals, G.R. No.
100257. June 8, 1992

13
……..
Section 16 of Rule 3 provides:
"Whenever a party to a pending case dies . . . it shall be the duty of his attorney to inform the court
promptly of such death . . . and to give the name and residence of the executor, administrator,
guardian or other legal representative of the deceased."cralaw virtua1aw library

In the case at bar, petitioner Navarro did not give any explanation why he failed to give the name and
residence of the executor, administrator or guardian of the deceased, if there was any, and in their absence
at least the name and residence of the heirs of Yadno who shall take the place of the deceased.

………
Clearly, priority is given to the legal representative of the deceased, that is, the executor or
administrator of his estate. It is only in cases of unreasonable delay in the appointment of an executor or
administrator, or in cases where the heirs resort to an extrajudicial settlement of the estate, that the court
may adopt the alternative of allowing the heirs of the deceased to be substituted for the deceased.
Petitioner Navarro took the short cut route of making himself the legal representative of Yadno on the basis
of the contract of legal services. This mode resorted to by Navarro is clearly without any legal basis.
Even at this point in time, the record is bereft of any evidence that would grant herein petitioner Navarro
any authority to represent the late Marcelo Yadno. In the same vein, there is also no showing of any
evidence granted to herein counsel Jose Edward Navarro to file and prosecute the case and any other
incidental cases for and in behalf of Yadno’s heirs. - Atty. Navarro v. Court of Appeals, G.R. No. 100257. June
8, 1992

WON an employer-employee relation exists between the contending parties or whether or not the
private respondent was hired on a retainer basis
On October 24, 1978, petitioner corporation hired the private respondent Aban as its "Legal Assistant." He
received a basic monthly salary of P1,500.00 plus an initial living allowance of P50.00 which gradually
increased to P320.00.
On September 4, 1980, Aban received a letter from the corporation informing him that he would be
considered terminated effective October 4, 1980 because of his alleged failure to perform his duties well.
On October 6, 1980, Aban filed a complaint against the petitioner for illegal dismissal.

…….
The petitioner contends that its relationship with Aban is that of a client with his lawyer. It is its position
that "(a) lawyer as long as he is acting as such, as long as he is performing acts constituting practice of law,
can never be considered an employee. His relationship with those to whom he renders services, as such
lawyer, can never be governed by the labor laws. For a lawyer to so argue is not only demeaning to himself
(sic), but also his profession and to his brothers in the profession."
……
The contention is without merit.
A lawyer, like any other professional, may very well be an employee of a private corporation or even of the
government. It is not unusual for a big corporation to hire a staff of lawyers as its in-house counsel, pay
them regular salaries, rank them in its table of organization, and otherwise treat them like its other officers
and employees.
At the same time, it may also contract with a law firm to act as outside counsel on a retainer basis. The two
classes of lawyers often work closely together but one group is made up of employees while the other is not.
A similar arrangement may exist as to doctors, nurses, dentists, public relations practitioners, and other
professionals.

….
This Court has consistently ruled that the determination of whether or not there is an employer-employee
relation depends upon four standards: (1) the manner of selection and engagement of the putative

14
employee; (2) the mode of payment of wages; (3) the presence or absence of a power of dismissal; and (4)
the presence or absence of a power to control the putative employee's conduct. Of the four, the right-of-
control test has been held to be the decisive factor.
Aban was employed by the petitioner to be its Legal Assistant as evidenced by his appointment paper. The
petitioner paid him a basic salary plus living allowance. Thereafter, Aban was dismissed on his alleged
failure to perform his duties well.

…….
Aban worked solely for the petitioner and dealt only with legal matters involving the said corporation and
its employees. He also assisted the Personnel Officer in processing appointment papers of employees. This
latter duty is not an act of a lawyer in the exercise of his profession but rather a duty for the benefit of the
corporation.
The above-mentioned facts show that the petitioner paid Aban's wages, exercised its power to hire and fire
the respondent employee and more important, exercised control over Aban by defining the duties and
functions of his work.
-Hydro Resources Contractors Corporation v. NLRC and Aban, G.R. No. L-62909 April 18, 1989

WON a Vice-President for the Legal Department and General Counsel of a corporation is a regular
employee whose services could only be terminated in accordance with the Labor Code or WON the
same as legal counsel could be dispensed with at anytime pursuant to the provision on the
cessation of lawyer-client relationship under Rule 138 of the Rules of Court.
We would like to emphasize that our decision as a Board did not dismiss you from the service of the Bank.
All that the Board is saying to you is that it has lost its confidence in you and therefore it is patiently
awaiting your resignation of course with your right of retirement pay in accordance with the policy adopted
by the Bank under these situations. Trust or confidence like love are feelings which emanate from the heart
and, as the song goes, "once a heart is torn apart it is never the same again." So also confidence like a tooth
once pulled can never be restored.
…….
After learning of the filing of the complaint, the Board of Directors, on 21 November 1989, adopted
Resolution No. 5803 terminating the services of private respondent "in view of his belligerence" and the
Board's "honest belief that the relationship" between private respondent and petitioner bank was one of
"client and lawyer." Private respondent was removed from his office occupancy in the bank and ordered
disentitled, starting 10 August 1989, to any compensation and other benefits. The Board instructed
management to take the necessary steps to "defend itself and all the members of the Board of Directors"
from private respondent's complaint.
Pursuing their stand that the association between the bank and private respondent was one of a client-
lawyer relationship, petitioners filed a motion to dismiss the complaint with the NLRC on the ground of
lack of jurisdiction. Private respondent, opposing the motion, insisted on the existence of an employer-
employee relationship between them.

…….
Confident that no employer-employee existed between the bank and private respondent, petitioners have
put aside the procedural requirements for terminating one's employment, i.e., (a) a notice apprising the
employee of the particular acts or omissions for which his dismissal is sought, and (b) another notice
informing the employee of the employer's decision to dismiss him. Failure to comply with these
requirements taints the dismissal with illegality. This procedure is mandatory, any judgment reached by
management without that compliance can be considered void and inexistent. While it is true that the
essence of due process is simply an opportunity to be heard or, as applied in administrative proceedings, an
opportunity to explain one's side, meetings in the nature of consultation and conferences such as the case
here, however, may not be valid substitutes for the proper observance of notice and hearing. - Equitable
Banking Corporation v. National Labor Relations Commission, G.R. No. 102467 June 13, 1997
WON a company which has been hailed to court by its own in-house counsel is obliged to continue
his employment and entrust its legal affairs to him, specially when his cause of action has been

15
shown to be devoid of merit

WON a firm is bound to retain in its service a personnel manager who has incited the very
employees under his supervision and control to file complaints against it.

……
The petitioner was appointed Legal Counsel of the Central Azucarera de Pilar. Later, concurrently with his
position as Legal Counsel, he was named Head of its Manpower and Services Department.
Petitioner had encouraged his co-employees to file complaints against the Central over the rations issue,
and this, as well as his institution of his own actions, had created an atmosphere of enmity in the Central,
and caused the loss by the Central of that trust and confidence in him so essential in a lawyer-client
relationship as that theretofore existing between them; and that under the circumstances, petitioner's
discharge as the Central's Legal Counsel and Head of the Manpower & Services Department was justified. -
Asis vs. Minister of Labor and Employment, G.R. No. 58094-95 March 15, 1989

WON an appointed attorney in a GOCC can only be removed for cause

Appointed Chief Legal Counsel with the rank of Vice-President of respondent Philippine National Bank in
1962, he was shifted by virtue of a resolution of respondent Bank on October 19, 1966, to the office of its
President, respondent Roberto S. Benedicto, as Consultant on Legal Matters.
Petitioner Tomas Besa filed a proceeding for certiorari, prohibition and quo warranto.
……..
Its success is thus dependent on his being able to sustain the burden of demonstrating that what was done
by respondent Bank, through its Board of Directors, all of whom were likewise named respondents, could in
law be characterized as removal without cause contrary to the explicit mandate of the Constitution.
The transfer of petitioner from the Legal Department is justified by the following facts and circumstances:
a) The position of Chief Legal Counsel carries a special confidential relationship of lawyer and client. In this
regard, the Bank has the prerogative to designate or change its lawyer, that is, to choose the lawyer, in
whom it may have confidence, to head its Legal Department.
…….
c) The transfer of petitioner from the Legal Department was made by the respondent Board, in the exercise
of its powers, upon the recommendation of their respondent PNB President. The respondent Board had
authorized the PNB President to revitalize the Legal Department.
Petitioner's reliance on the constitutional provision against removal without cause is misplaced. It is
appropriate to invoke it when an officer or employee in the civil service enjoying a fixed term is made to
lose his position without warrant or justification. It certainly finds no application when the duration of
one's term depends on the will of the appointing power. That is so where the position held is highly
confidential in character. Such is the case of the Chief Legal Counsel of respondent Philippine National
Bank.
………
Our decision is limited to the validity of the action taken by respondent Bank. We do not by any means
intimate an opinion as to the legal consequences attaching to an action similar in character taken by any
other office or agency of the government concerning a lawyer in its staff, especially one who was not
employed precisely because of the marked degree of confidence reposed in him, but rather because of his
technical competence.
As far as the petitioner is concerned, however, it is our conclusion that he could not plausibly contend that
there was a removal in the constitutional sense as what did take place was a termination of official relation.
………
Accepting as he did the position of chief legal adviser, the essence of which is the utmost degree of
confidence involving such "close intimacy which insures freedom of intercourse without embarrassment or
freedom from misgivings of betrayals" whether of personal trust or official matters, he could not have been
unaware that his term could be cut short any time without giving rise to any alleged infringement of the
above constitutional safeguard. There was no removal which according to such a mandate is only allowable
for cause. Hence the lack of persuasive character of petitioner's plea.

16
……..
For as above noted, the decisive issue is the confidential character of petitioner's position, which negates
reliance on the removal-for-cause guarantee of the Constitution. We thus leave open for future
determination, when and if such a litigation arises, case involving the other vice-presidents of the
respondent Bank, where it would appear the overriding factor in their selection is not that degree of the
utmost confidence reposed in a lawyer but their technical skills in the performance of the duties entrusted
to them. – Besa v. PNB, G.R. No. L-26838 May 29, 1970

Duty of counsel when suspended or disbarred

An attorney who has been suspended or disbarred must take certain actions to protect the interests of
his clients. [The code] requires that a suspended or disbarred attorney must promptly notify all clients
involved in "pending matters,", and those involved in "litigated or administrative proceedings," of his
suspension or disbarment and must advise them to seek legal advice and representation elsewhere.
Additional duties which a suspended or disbarred attorney must fulfill are contained in the Code of
Professional Responsibility to which Colorado attorneys are bound.
………
Disciplinary of the Code provides that an attorney who withdraws from the representation of a client must
deliver "to the client all papers and property to which the client is entitled." Moreover, [the code] contains a
prohibition against intentionally prejudicing or damaging a client during the course of the professional
relationship. - People of the State of Colorado ex rel. J. D. MacFarlane v. Carl L. Harthun, 581 P.2d 716 (1978)

Good cause for withdrawal is not enough

Unless there is a demonstrated conflict of interest, or counsel and defendant are embroiled in an
irreconcilable conflict that is so great that it results in a total lack of communication preventing an
adequate defense.
"Even where good cause for withdrawal exists, it is `incumbent on the court to assure that the prosecution
of the lawsuit before it is not disrupted by the withdrawal of counsel.'" xxx "This requires the court to
consider certain additional factors before allowing an attorney to withdraw.

Additional factors to consider before allowing a lawyer to withdraw

Those additional factors include:
(1) the extent to which the attorney's withdrawal will delay or disrupt the case;
(2) the length of time for which the case and any dispositive motions have been pending;
(3) the time it would take — and the financial burden it would impose on — the client to find new counsel;
(4) the financial burden the attorney would suffer if not allowed to withdraw;
(5) prejudice to the other parties; and
(6) whether withdrawal will harm the administration of justice." Id. (citations omitted).

“Fugitive disentitlement” doctrine

May implicate the fugitive disentitlement doctrine, which, in general "limits a criminal defendant's access
to the judicial system whose authority he evades" and may be "used by both district and appellate courts to
enter judgment against a fugitive defendant or to dismiss the defendant's appeal." xxx But that "doctrine is
an equitable doctrine that a court exercises in its discretion."

Implied dismissal of counsel

A client, by appearing personally and presenting a motion by himself, is considered to have impliedly
dismissed his lawyer. - Municipality of Pililla, Rizal vs. Court of Appeals, G.R. No. 105909 June 28, 1994G.R.
No. 105909 June 28, 1994

A "disengagement" letter
In terms of malpractice avoidance, a "disengagement" letter to the client not only will serve to document
the discharge of the lawyer's duty in the event of a dispute, but it should also signal to the client, in
concrete terms, that the attorney-client relationship has ended. Consider sending a disengagement letter at

17
the conclusion of each matter you undertake for a client. The letter might include language similar to the
following:

We are pleased to have represented you for the past [time period] in [legal matter]. This will confirm
that our engagement to represent you in this matter has concluded. We will take no further action
regarding this matter. We are returning to you under cover of this letter [documents] related to your
case. [By Thomas P. Sukowicz]

Thank you for your attention!!

18