Presented by:

MARIA CECILIA MARTINEZ-VEGA

 TERMINATION OF ATTORNEY’S AUTHORITY
AND CHANGE OF COUNSEL

12.01.Generally.
 
The relation of the attorney and the client can be
terminated. A client has the absolute right to discharge
his attorney at any time with or without cause or even
against his consent by the reason of circumstances such
as lost of confidence, interest & trust in his lawyer.
12.02 Limitations on client’s right.
 
The right of the client to dismiss his counsel at any time
is not without limitation. The discharge of an attorney
or his substitution by another without justifiable cause
shall not negate the attorney’s right to full payment of
compensation as agreed in writing. A client may not be
permitted to abuse his right to discharge his counsel as
an excuse to secure repeated extension of time to file a
pleading or to indefinitely avoid a trial.
12.03 Necessity of Notice of discharge.
 
Between the client and his counsel, notice of
discharge is necessity. If no formal of Notice of
discharge of the attorney by the client does not
operate as an implied revocation of the authority
of the original lawyer. Unless, there is a notice of
discharge by the client or manifestation is filed
with the court. Upon filing the notice of
withdrawal with the client’s conformity that he
being released from the professional
responsibilities only after his dismissal or
withdrawal is made of record.
  
12.04Effect of discharge of attorney.
 
The effectivity of discharge of the attorney’s is made of
record filed by the client to the court or petition for
withdrawal of appearance. Thereafter, he cannot pretend to
continue representing the client.

12.05 Death or incapacity of client.

 
The relation of the attorney and the client can be terminated
upon death or incapacity but not necessarily terminated the
attorney-client relationship. Thereafter, the attorney loses
his standing in court to present the deceased client, unless
he is retained or authorized by the administrator or legal
representative of the deceased client.
12.06 A lawyer shall withdraw only for good
cause.
 
A lawyer may be declined to accept a case except when
designated as counsel de officio. He can’t abandon it
without reasonable cause.
 
A lawyer may be withdraw at any time from any action
with written consent of his client filed in court,
especially if the withdrawal is accompanied by a
formal appearance of a new counsel.
12.07 Grounds for withdrawal without client’s consent.
 
A lawyer may withdraw from the case for a good cause without the client’s consent
but with the approval of the court, he must file an application to the court. And
application must be based on the good cause, namely:
 
1. When the client pursue an illegal or immortal course of conduct in connection
with the matter he is handling.
 
2. When the client insists that the lawyer pursues conduct violative of the canons
and rules of professional ethics;
 
3. When his inability to work with co-counsel will not promote the best of the
client.
 
4. When the mental of physical conditions of the lawyer renders it difficult for him
to carry out the employment effectively.
 
5. When the client deliberately fails to pay the fees for the services or fails to
comply with the retainer agreement;
 
6. When the lawyer elected or appointed to public office; and
 
7. Other similar cause.
12.08 Procedure for withdrawal.
 
A lawyer who desire to retire from an action without
the written consent of his client must file a petition for
withdrawal must file a petition for withdrawal in court.
He must serve a copy of his petition upon his client
and the adverse party at least three days before the
date set for hearing otherwise the court may treat the
application as a “mere scrap of papers” or the court
will not relieve a lawyer from professional
responsibilities without notice to the client.
12.09 Death of attorney.
 
A contract of professional employment terminates
upon the death of an attorney. For the reason, the
personal representative of the deceased attorney has no
right to assign pending cases to another lawyer of his
choice as the matter is for the client to decide.
12.10 Acceptance of incompatible office.
 
A lawyer who accepts a public office ceases, by
operation of law, to engage in private law practice and
becomes disqualified from continuing to represent a
client in those cases which the law prohibits him from
doing so or requires his entire time to be at the disposal
of the government.
 
However, take a judicial notice of the appointment or
election of an attorney to a public office which thereby
disqualifies him from continuing as counsel for a client.
In the absence of a withdrawal or manifestation to that
effect or an explanation why that step has not been
made, the court may regard his as the counsel of record
upon whom written notice may be served which will
bind the client.
 B. CHANGE OR SUBSTITUTION OF COUNSEL

12.11. Change of counsel.

 
A client may change his counsel in a pending case in any of three
ways. Firstly, he may discharge his attorney at any time with or
without cause and thereafter employ another attorney who may
then enter his appearance. 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.
 
Secondly, the attorney himself may initiate the move by
withdrawing his appearance either with the written consent of his
client or with leave of court on some justifiable ground.
 
Third method of changing lawyer is by substitution of counsel in
the form of an application for that purpose and that application it
constitutes an appearance of the substituting counsel and is a
polite way, on the part of the client, of effecting a change of
counsel. For these reason, compliance with some formalities is
necessary to make the change of counsel by substitution effective.
12.12.Requirement for substitution.
A proper for substitution of counsel requires:

a) a written application for substitution.

b) written consent of the client.
c) written of consent of the attorney to be substituted.
d) there must be filed with the application proof of service
notice of the application upon the
to be substituted.
 
12.13. Defective substitution and effect thereof.
 
A substitution of counsel which does not comply with all of
its requirements is defective. The court may recognize no
other representation on behalf of the client than the counsel
of record until formal substitution is validly effected.
12.14. Employment of additional counsel.
 
A client has the right to have as many lawyers as he
can afford. Professional courtesy, however, requires
that a lawyer who has been retained as collaborating
counsel in a case should at least communicate with the
counsel of record before entering his appearance. But if
the lawyer first retained is relieved by the client,
another lawyer may come into the case.