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

AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES.

 
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.

1. What is the concept of a Charging Lien?

Answer: A Charging Lien is an equitable right to have the fees and lawful disbursements due
to a lawyer for his services, secured to him out of a money judgment.
2. What is the basic difference of Charging Lien and Retaining Lien?
Answer:
On one hand, an attorney in Charging Lien shall have a lien to the same extent upon
all judgments for the payment of money, and executions issued in pursuance of such
judgments, which he has secured in a litigation of his client. It is an active lien and it can be
enforced by execution. Thus, it is a special lien. The basis of Charging Lien is securing of a
favorable money judgment for client. It covers all judgments for the payment of money and
executions issued in pursuance of such judgment. Moreover, Charging Lien is effective as long
as the claim for attorney’s fees had been entered into the record of the case and generally, it is
exercisable only when the attorney had already secured a favorable judgment for his client.
Lastly, Client and adverse party need to be notified by the attorney to make it effective.
On the other hand, Retaining Lien is a right merely to retain the funds, documents and
papers of his client which have lawfully come into his possession and may retain the same until
his lawful fees and disbursements have been paid. As to its nature it is a passive Lien. It cannot
be actively enforced. Thus, it is a general lien. It covers only a lien upon the funds, documents
and papers of his client which have lawfully come into possession of the attorney by reason of
his professional employment. Moreover, the applicability of Retaining Lien maybe exercised
before judgment or execution, or regardless thereof. Lastly, client need not be notified by the
attorney to make it effective.

3. Requisites of a Retaining Lien, are as follows;

Answer:
1. Attorney-client relationship;
2. Lawful possession by lawyer of the client’s funds, documents and papers in his professional
capacity; and
3. Unsatisfied claim for attorney’s fees or disbursements.

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4. Requisites of a Charging Lien:
Answer:
1. Attorney-client relationship;
2. The attorney has rendered services;
3. A money judgment favorable to the client has been secured in the action; and
4. Noting into the records of the case through the filing of an appropriate motion of the
statement of the lawyer’s claim for attorney’s fees with copies furnished to client and adverse
party.

5. Can there be illegal dismissal case between lawyer and his client?

Answer: No, there is no illegal dismissal case between lawyer and his client. The relationship
between a client and lawyer is purely contractual in nature and not one of employer-employee
relationship. The fourfold test and the power to control the employee is wanting in such
relationship. Since the labor arbiters and other labor tribunals have no jurisdiction over claims
not arising from employer-employee relationship, thus illegal dismissal case between lawyer
and his client is not applicable thereof.