ChapterIV | The Lawyer and the Client 1

CANON 14 – A Lawyer shall not refuse his services to  DUTY OF COUNSEL DE OFICIO—rendering
the needy. efficient and truly decisive legal assistance, and see to
 Services to the needy – social obligation of it that the FUNDAMENTAL RIGHTS of his client/s are
lawyers more than sufficiently protected.
 “free access to the courts and quasi-judicial bodies o Given ample time by the judge (review)
and adequate legal assistance shall not be denied to  Judges are cautioned not to frequently appoint same
any person by reason of poverty” –Sec 11, Art III lawyer as Counsel de Oficio. RATIO:
of the Constitution o Unfair to the attorney concerned (burden of
his regular practice)
Rule 14.01 – A lawyer shall not decline to represent a o Compensation might be considered as a
person solely on account of the latter’s race, sex, creed regular source of income.
or status of life, or because of his own opinion  Cannot refuse on the ground of insufficient of
regarding the guilt of said person. compensation or lack of it

 Applicable only in CRIMINAL CASES; inapplicable to  Appointment of Amicus Curae—“friend of the

civil cases court”
1. by application to the judge
 Admission of justice DOES NOT DISCRIMINATE
2. the judge on his own initiative may invite the lawyer
 Discovering guilt of client—it is the duty of the
3. no right to interfere with or control the condition of
lawyer to continue with the defense of his client. It is
the record, no control over the suit
not for the lawyer to adjudge the guilt of his own client
who under the law is presumed innocent until proven
 Free legal aid services to DESTITUTE CLIENTS
otherwise. If the lawyer does so, he assumes the
—an opportunity to demonstrate that the practice of law
character of a Judge.
is a noble profession.
 If the prosecution fails to prove the guilt of the accused o Legal aid is NOT a matter of charity. It is a
beyond reasonable doubt, it is not wrong for the lawyer
means of correcting social imbalance.
to invoke the ACQUITTAL of his client.

Rule 14.03 – A lawyer may refuse to accept

Rule 14.02 – A lawyer shall not decline, except for
representation of a client if:
serious and sufficient cause, an appointment as 1. a. He is not in position to carry out the work
counsel de oficio or as amicus curae or a request from effectively and competently.
the Integrated Bar of the Philippines or any of its 2. b. He labors under conflict of interest between
chapters for rendition of free legal aid. him and the prospective client or between a
present client and the prospective client.
 Duty to appoint rests upon the presiding judge
 Appointment as COUNSEL DE OFICIO—If an  General Rule : Lawyer may NOT refuse to represent
accused appears without counsel, judge must inform an indigent client.
him of his right to have an attorney to represent him. o XP: Lack of competence
Conflict of Interest
 Accused can refuse to be represented by a Counsel de
 Lawyer who pretends to be disqualified under the rule
Oficio—If he doesn’t want a counsel to defend him, the
is committing grave misconduct hence, administratively
judge may so allow but he cannot invoke later on that
liable.
he was not accorded due process for lack of counsel. If
 CPR is NOT A REQUEST to lawyers. It is an ORDER
the counsel ex parte of the accused is not present and
from the highest court to lawyers who are officers of the
latter refused the assistance of a counsel de oficio,
Court.
sentence is VOID if represented despite his refusal.
 ChapterIV | The Lawyer and the Client 2
Rule 14.04 – A lawyer who accepts the cause of a XP: written consent of all the concerned are given after
person unable to pay his professional fees shall a full disclosure of the facts
observe the same standard of conduct governing his
relations with paying clients.  Possible involvement in conflicting interest to be
disclosed immediately to prospective clients. (MEJIA vs
 Same standards of conduct to be employed for a client REYES, PNB lawyer= malpractice). Failure to disclose
unable to pay lawyer’s fee—the profession is NOT a prior engagement/ interest is a good ground for the
MONEY-MAKING TRADE but a noble involvement in client to discharge the attorney
the administration of justice.  KINDS OF CONFLICT OF INTEREST
 Degree of skill required of a lawyer is NOT affected by o CONCURRENT (MULTIPLE)
the fact that his services are rendered gratuitously REPRESENTATION—a layer represents
 Volunteering—establishing client-lawyer relationship clients whose objectives are adverse to each
 NO DISCRIMINATION IN RENDITION OF SERVICE— other, no matter how slight of remote such
all clients of a lawyer, whether rich or poor, are entitled adverse interest may be
to the same level of professionalism, dedication, o SEQUENTIAL (SUCCESSIVE)
diligence, skills and competence. REPRESENTATION—concur when a
lawfirm takes a present client who ahs an
interest adverse to the interest of a former
CANON 15 – A lawyer shall observe candor, fairness client of the same law firm
and loyalty in all his dealings and transactions with his  A lawyer shall NOT place his interests over and above
client. of his clients

 Lawyer’s Duties to his Clients: Rule 15.02 – A lawyer shall be bound by the rule on
1. owe utmost learning and ability privilege communication in respect of matters disclosed
2. maintain inviolate the confidence of the client
to him by a prospective client.
3. disclose all circumstances/interest regarding the
controversy
 General Rule: CANON 21- a layer shall preserve the
4. undivided loyalty
confidences and secrets of his clients even after the
5. not reject cause of defenseless and oppressed
6. candor, fairness and loyalty attorney-client relation is terminated.
7. hold in trust money or property o Exceptions:
8. respond with zeal to the cause of the client a) Revelation is authorized by the client after
having been acquainted of the consequences
 15.01—instances of FAIRNESS and LOYALTY of such disclosure
o In cases of conflict of interest b) When the revelation is required by law
 15.02—instances of LOYALTY c) When necessary to collect the lawyer’s fee
o Keep the confidences and secrets even after or to defend himself, his employees or
the termination of their relationship associates or by judicial action

Rule 15.01 – A lawyer in conferring with a prospective  PRIVILEGED COMMUNICATION safeguards the
client, shall ascertain as soon as practicable whether revelation of confidences and secrets. Even mere
the matter would involve a conflict with another client or prospective clients are protected.
his own interest, and if so, shall forthwith inform the  Requisites of Privileged Communication:
prospective client. (expected) 1. Attorney—client relationship (or a kind of
consultancy relationship with a prospective client
 GR: a lawyer shall not represent conflicting interests
 ChapterIV | The Lawyer and the Client 3
2. Communication made by client to lawyer in the  PARTIES ENTITLED TO INVOKE THE
course of lawyer’s professional employment PRIVILEGE:
3. Communication is intended to be confidential (see o Client
Rule 130, Sec. 21(b), Rules of Court) o Lawyer or client’s employee (in the absence
 No presumption of Confidentiality—the client must of any waiver on the part of the client)
intend the communication to be confidential. o Attorney’s secretary, stenographer, or clerk
 Duration of the Privilege—exist even after the
termination of the atty—client relationship. Ceases only  Even if the communication is unprivileged, the rule of
ethics prohibits him from voluntarily revealing or using
when waived by the client himself or after his death.
to his benefit or to that of a third person, to the
 When contents of pleadings ceased to be
disadvantage of the client, the said communication
privileged:
unless the client consents thereto.
a) after pleading has been filed
 This is applicable to students under the Student
b) communication intended by the client to be sent to a
Practice Law Program
third person through his counsel (it loses its
confidential character as soon as it reaches the
 limitations of the privileged communications:
hands of third person)
o if the papers/documents were handed only to
 Two-fold Purposes of the Rule:
the lawyer only for purposes of custody;
1. Encourage the client to make full disclosure
lawyer cannot invoke the privilege
of facts without fear
o limited to communications w/c are within the
2. Allow the lawyer freedom to obtain full
ambit of lawful employment and does not
information from his client
extend to those transmitted in contemplation
 Burden of proof that the communication is privileged
of future crimes or frauds
rests upon the party who avers the same.
o information on crimes or frauds already
committed falls within the privilege and the
 Instances when communication is NOT privileged:
lawyer cannot reveal of be compelled to
1. When communication is made to a person
reveal the confidences of the client
who is not a lawyer
2. When communication is made to a lawyer for
Rule 15.03 – A lawyer shall not represent conflicting
some other purposes other than the account
interests except by written consent of all concerned
of the lawyer-client relationship (ie. business
assistance, accounting service) given after a full disclosure of the facts.

 Rule on Revealing Client’s Identity Rule on Conflicting Interest

 General Rule: A lawyer may not invoke privilege It is generally the rule based on sound public policy
communication to refuse revealing a client’s that an attorney cannot represent adverse interest. It is highly
identity. (Regala vs. Sandiganbayan, 262 SCRA improper to represent both sides of an issue. The proscription
122, September 20, 1996) against representation of conflicting interest finds application
 Exceptions: where the conflicting interest arises with respect to the same
o When by divulging such identity, it would
general matter and is applicable however slight such adverse
implicate the client to that same controversy
interest may be. It applies although the attorney’s intention
for which the lawyer’s services were
and motives were honest and he acted in good faith.
required.
However, representation of conflicting interest may be allowed
o It would open client to civil liability
o The disclosure of such identity will provide for
where the parties consent to the representation after full
the only link in order to convict the accused, disclosure of facts. (Nakpil vs. Valdez, 286 SCRA 758).
otherwise, the government has no case.
 ChapterIV | The Lawyer and the Client 4
 General Rule: An attorney cannot represent adverse
interest. Rule 16.01 – A lawyer shall account for all money or
 Exception: Where the parties consent to the property collected or received for or from the client.
representation after full disclosure of facts.

Rule 16.02 – A lawyer shall keep the funds of each

 The TEST in determining Conflicting Interest: The test
client separate and apart from his own and those of
is whether or not the acceptance of a new relation will
others kept by him.
prevent an attorney from the full discharge of his duty of
individual fidelity and loyalty to his client or invite
suspicion of unfaithfulness in double-dealing in the Rule 16.03 – A lawyer shall deliver the funds and
performance thereof.(Tiana vs. Ocampo) property of his client when due or upon demand.
However, he shall have a lien over the funds and may
Rule 15.04 – A lawyer may, with the written consent of apply so much thereof as may be necessary to satisfy
all concerned, act as mediator, conciliator or arbitrator his lawful fees and disbursements, giving notice
in settling disputes. promptly thereafter to his client. He shall also have a
lien to the same extent on all judgments and executions
Rule 15.05 – A lawyer, when advising his client, shall he has secured for his client as provided for the Rules
give a candid and honest opinion on the merits and of Court.
probable results of the client’s case, neither overstating
nor understating the prospects of the case. Attorneys’ Liens – an attorney shall have a lien upon the
funds, documents and papers of his client which have lawfully
Rule 15.06 – A lawyer shall not state nor imply that he come into his possession and may retain the same until his
is able to influence any public official, tribunal or lawful fees and disbursements have been paid, and may
legislative body. apply such finds to the satisfaction thereof. He shall also
Rule 15.07 – A lawyer shall impress upon his client have a lien to the same extent upon all judgements for the
compliance with the laws and the principles of fairness. payment of money, and executions issued in pursuance of
such judgements which he has secured in a litigation of his
Rule 15.08 – A lawyer who is engaged in another client, from and after the time when he shall have caused a
profession or occupation concurrently with the practice statement of his claim of such lien to be entered upon the
of law shall make clear to his client whether he is acting records of the court rendering such judgement, or issuing
as a lawyer or in another capacity. such execution, and shall have caused written notice thereof
to be delivered to his client and to the adverse party; and he
 Lawyers should refrain from giving any advice unless shall have the same right and power over such judgments and
they have obtained sufficient understanding of their executions as his client would have to enforce his lien and
client’s cause. A careful investigation and examination of secure the payment of his fees and disbursements . (Sec, 37,
the facts must first be had before any legal opinion be Rule 138, RRC)
given by the lawyer to the client.
Rule 16.04 – A lawyer shall not borrow money from his
 To avoid breach of legal ethics, a lawyer should keep
client unless the client’s interests are fully protected by
any business, in which is engaged in concurrently with
the nature of the case or by independent advice.
the practice of law, entirely separate and apart from the
Neither shall a lawyer lend money to a client except,
latter.
when in the interest of justice, he has to advance
necessary expenses in the legal matter he is handling
CANON 16 – A lawyer shall hold in trust all moneys and
for the client.
properties of his client that may come into his
possession.
 ChapterIV | The Lawyer and the Client 5
 Attorney’s lien is not an excuse for non-rendition of Rule 18.02 – A lawyer shall not handle any legal matter
accounting without adequate preparation.
 Cannot disburse client’s money to client’s creditors
without authority. Rule 18.03 – A lawyer shall not neglect a legal matter
 Failure to deliver upon demand gives rise to the
entrusted to him and his negligence in connection
presumption that he has misappropriated the funds for
therewith shall render him liable.
his own use to the prejudice of the client and in violation
of the trust reposed in him.
Rule 18.04 – A lawyer shall keep the client informed of
 Notify client if retaining lien shall be implemented
 When a lawyer enforces a charging lien against his the status of his case and shall respond within a
client, the client-lawyer relationship is terminated. reasonable time to the client’s request for information.
 The principle behind Rule 16.04 is to prevent the
lawyer from taking advantage of his influence over the  Competence: sufficiency of lawyer’s qualification to
client or to avoid acquiring a financial interest in the deal with the matter in question and includes knowledge
outcome of the case. and skill and the ability to use them effectively in the
interest of the client.
 A lawyer must keep himself constantly abreast with the
CANON 17 – A lawyer owes fidelity to the cause of his trend of authoritative pronouncements and developments
client and he shall be mindful of the trust and in all branches of law.
 There must be extraordinary diligence in prosecution or
confidence reposed in him.
defense of his client’s cause.
 If a lawyer errs like any other human being, he is not
 No fear of judicial disfavor or public popularity should
answerable for every error or mistake, and will be
restrain him from full discharge of his duty.
protected as long as he acts honestly and in good faith to
 It is the duty of the lawyer at the time of retainer to
the best of his skill and knowledge.
disclose to the client all the circumstances of his
 Lawyer is not an insurer of the result in a case where
relations to the parties and any interest in, or connection
he is engaged in the counsel.
with, the controversy which might influence the client in
the selection of counsel.
 The lawyer owes loyalty to his client even after the
relation of attorney and client has terminated. It is not
good practice to permit him afterwards to defend in
another case other persons against his former client CANON 19 – A lawyer shall represent his client with
under the pretext that the case is distinct from and zeal within the bounds of the law.
independent of the former case.
Rule 19.01 – A lawyer shall employ only fair and honest
means to attain the lawful objectives of his client and
CANON 18 – A lawyer shall serve his client with shall not present, participate in presenting or threaten
competence and diligence. to present unfounded criminal charges to obtain an
improper advantage in any case or proceeding.
Rule 18.01 – A lawyer shall not undertake a legal
service which he knows or should know that he is not Rule 19.02 – A lawyer who has received information
qualified to render. However, he may render such that his client has, in the course of the representation,
service if, with the consent of his client, he can obtain perpetuated a fraud upon a person or tribunal, shall
as collaborating counsel a lawyer who is competent on promptly call upon the client to rectify the same, and
the matter. failing which he has to terminate the relationship with
such client in accordance with the Rules of Court.
 ChapterIV | The Lawyer and the Client 6
f) The customary charges for similar services and
Rule 19.03 – A lawyer shall not allow his client to the schedule of fees of the IBP chapter to which
dictate the procedure in handling the case. he belongs;
g) The amount involved in the controversy and the
 General Rule: Negligence binds client benefits resulting to the client from the services;
 Exception: Reckless imprudence (deprives client of h) The contingency or certainty of compensation;
due process) i) The character of the employment, whether
occasional or established; and
 Results in outright deprivation of one’s property through j) The professional standing of the lawyer.
technicality
 Kinds of Payment which may be stipulated upon:
 Must not present in evidence any document known to 1. a fixed or absolute fee which is payable regardless
be false; nor present a false witness. of the result of the case
2. a contingent fee that is conditioned to the securing
 Negative pregnant is improper since it is an ambiguous of a favorable judgment and recovery of money or
pleading (improper if in bad faith and the purpose is to property and the amount of which may be on a
confuse the other party) percentage basis
3. a fixed fee payable per appearance
In defense: present every defense the law permits. 4. a fixed fee computed by the number of hours spent
 Lawyer should do his best efforts to restrain and to 5. a fixed fee based on a piece of work
prevent his clients from perpetrating acts which he
himself ought not to do. Or else, withdraw. But lawyer  Attorney’s Fees
shall not volunteer the information about the client’s 1. Ordinary attorney’s fee - the reasonable
commission of fraud to anyone – counter to duty to compensation paid to a lawyer by his client for the
maintain client’s confidence and secrets. legal services he has rendered to the latter. The
basis for this compensation is the fact of his
employment by and his agreement with the client.

2. Extraordinary attorney’s fee – an indemnity for

damages ordered by the court to be paid by the
losing party in litigation. The basis for this is any of
the cases provided for by law where such award
CANON 20 – A lawyer shall charge only fair and can be made, such as those authorized in Article
reasonable fees. 2208 of the Civil Code, and is payable NOT to the
lawyer but to the client, unless they have agreed
that the award shall pertain to the lawyer as
Rule 20.01 – A lawyer shall be guided by the following
additional compensation or as part thereof.
factors in determining his fees:

 How attorney’s fees may be claimed by the

a) The time spent and the extent of the services
lawyer:
rendered or required.
1. It may be asserted either in the very action in which
b) The novelty and difficulty of the questions
the services of a lawyer had been rendered or in a
involved;
separate action.
c) The importance of the subject matter;
2. A petition for attorney’s fees may be filed before the
d) The skill demanded;
judgment in favor of the client is satisfied or the
e) The probability of losing other employment as a
proceeds thereof delivered to the client.
result of acceptance of the proffered case;
3. The determination as to the propriety of the fees or
as to the amount thereof will have to be held in
 ChapterIV | The Lawyer and the Client 7
abeyance until the main case from which the Rule 20.04 – A lawyer shall avoid controversies with
lawyer’s claim for attorney’s fees may arise has clients concerning his compensation and shall resort to
become final. Otherwise, the determination of the judicial action only to prevent imposition, injustice or
courts will be premature. fraud.
 Unauthorized counsel: Not entitled to attorney’s fees.
 Kinds of Retainer Agreements on Attorney’s fees:  Stipulation regarding payments of attorney’s fees is not
1. General Retainer or Retaining Fee – it is the fee illegal/immoral and is enforceable as the law between
paid to a lawyer to secure his future services as the parties provided such stipulation does not contravene
general counsel for any ordinary legal problem that law, good morals, etc.
may arise in the ordinary business of the client and
referred to him for legal action;  When counsel cannot recover full amount despite
2. Special Retainer – that is a fee for a specific case written contract for attorneys’ fees:
or service rendered by the lawyer for a client 1. When he withdraws before the case is finished
2. justified dismissal of attorney (payment: in quantum
 Quantum Meruit – it means “as much as he meruit only)
deserves”, and is used as the basis for determining the
lawyer’s professional fees in the absence of a contract,  The reason for the award of attorney’s fees must be
but recoverable by him from his client. stated in the text of the decision; otherwise, if it is stated
 Quantum Meruit is resorted to where: only in the dispositive portion of the decision, the same
1. there is no express contract for payment of must be disallowed on appeal.
attorney’s fees agreed upon between the lawyer  Even though the interest or property involved is of
and the client; considerable value, if the legal services rendered do not
2. when although there is a formal contract for call for much efforts there is no justification for the award
attorney’s fees, the stipulated fees are found of high fees.
unconscionable or unreasonable by the court.  Champertous Contracts (void) – Lawyer stipulates with
3. When the contract for attorney’s fees is void due to his client that in the prosecution of the case, he will bear
purely formal matters or defects of execution all the expenses for the recovery of things or property
4. When the counsel, for justifiable cause, was not being claimed by the client and the latter agrees to pay
able to finish the case to its conclusion the former a portion of the thing/property recovered as
5. When lawyer and client disregard the contract for compensation.
attorney’s fees.  Compensation to an attorney for merely recommending
 Skill: length of practice is not a safe criterion of another lawyer is improper (agents)
professional ability.  Attorney’s fees for legal services shared or divided to
non-lawyer is prohibited. Division of fees is only for
Rule 20.02 – A lawyer shall, in cases of referral, with division of service or responsibility.
the consent of the client, be entitled to a division of  A lawyer should try to settle amicably any differences
fees in proportion to the work performed and on the subject. A lawyer has 2 options. Judicial action to
responsibility assumed. recover attorney’s fees:
1. In same case: Enforce attorney’s fees by filing an
Rule 20.03 – A lawyer shall not, without the full appropriate motion or petition as an incident to the
knowledge and consent of the client, accept any fee, main action where he rendered legal services.
reward, costs, commission, interest, rebate or 2. In a separate civil action.

forwarding allowance or other compensation

whatsoever related to his professional employment from
anyone other than the client.
 ChapterIV | The Lawyer and the Client 8
CANON 21 – A lawyer shall preserve the confidences secrets of the latter learned by him in his professional
and secrets of his client even after the attorney-client capacity.
relation is terminated.  The same penalty shall be imposed upon an attorney
at law or solicitor who, having undertaken the defense of
 Confidence – refers to information protected by the a client, or having received confidential information from
attorney-client privilege (RRC) said client in a case, shall undertake the defense of the
 Secret – refers to other information gained in the opposing party in the same case, without the consent of
professional relationship that the client has regulated to his first client (Rule 209, RPC)
be held inviolate or the disclosure of which would be
embarrassing or would likely be detrimental to the client.  General Rule: Obligation to keep secrets covers only
lawful purposes
 An attorney cannot, without the consent of his client, be  Exceptions:
examined as to any communication made by the client to 1. announcements of intention of a client to commit a
him, or his advice given thereon in the course of crime
professional employment; nor can an attorney’s 2. client jumped bail and lawyer knows his
secretary, stenographer, or clerk be examined, without whereabouts; or client is living somewhere under an
the consent of the client and his employees, concerning assumed name
any fact the knowledge of which has been acquired in 3. communication involves the commission of future
such capacity (Rule 130, Sec. 21 (b), RRC) fraud or crime but crimes/frauds “already
committed” falls within the privilege.
 The mere establishment of a client-lawyer relationship
does not raise a presumption of confidentiality. There Rule 21.02 – A lawyer shall not, to the disadvantage of
must be an intent or that the communication relayed by his client, use information acquired in the course of
the client to the lawyer be treated as confidential. employment, nor shall he use the same to his own
advantage or that of a third person, unless the client
Rule 21.01 – A lawyer shall not reveal the confidences with full knowledge of the circumstances consents
or secrets of his client except: thereto.
a) When authorized by the client after
acquainting him of the consequences of the Rule 21.03 – A lawyer shall not, without the written
disclosure: consent of his client, give information from his files to
b) When required by law; an outside agency seeking such information for
c) When necessary to collect his fees or to
auditing, statistical, bookkeeping, accounting, data
defend himself, his employees or associates
processing, or any other similar purposes.
or by judicial action.

Rule 21.04 – A lawyer may disclose the affairs of a

 When properly authorized after having been fully
informed of the consequences to reveal his client of the firm to partners or associates thereof
confidences/secrets, then there is a valid waiver. unless prohibited by the client.
 Art. 209. Betrayal of Trust by an Attorney or Solicitor.
Revelation of secrets. In addition to the proper Rule 21.05 – A lawyer shall adopt such measures as
administrative action, the penalty of prision may be required to prevent those whose services are
correccional in its minimum period, or a fine ranging from utilized by him, from disclosing or using confidences or
P200 to P1000, or both, shall be imposed upon any secrets of the client.
attorney at law or solicitor who, by any malicious break of Rule 21.06 – A lawyer shall avoid indiscreet
professional duty as inexcusable negligence or conversation about a client’s affairs even with members
ignorance, shall prejudice his client, or reveal any of the
of his family.
 ChapterIV | The Lawyer and the Client 9
Rule 21.07 – A lawyer shall not reveal that he has been Passive Lien: It Active Lien: It
consulted about a particular case except to avoid cannot be can be
1. Nature actively enforced by
possible conflict of interest. enforced. It is a execution. It is
general lien a special lien.
 Avoid committing calculated indiscretion – accidental
Lawful
revelation of secrets obtained in his professional possession of Securing of a
employment. papers, favorable
 Prohibition applies, even if the prospective client did 2. Basis documents, money
property judgment for
not thereafter actually engage the lawyer.
belonging to the client.
client.

Covers only
Covers all
CANON 22 – A lawyer shall withdraw his services only papers,
judgments for
documents and
for good cause and upon notice appropriate in the the payment of
property in the
money and
circumstances. lawful
3. Coverage executions
possession of
issued in
the attorney by
Rule 22.01 – A lawyer may withdraw his services in any pursuance of
reason of his
such
of the following cases: professional
judgments.
employment
a) When the client pursues an illegal or immoral
course of conduct in connection with the As soon as the
As soon as the
matter he is handling; claim for
attorney gets
b) When the client insists that the lawyer pursue attorney’s fees
4. When Lien possession of
had been
conduct violative of these canons and rules; takes effect the papers
entered into the
documents or
c) When his inability to work with co-counsel will records of the
property
not promote the best interest of the client; case
d) When the mental or physical condition of the Client and
lawyer renders it difficult for him to carry out Client need not adverse party
the employment effectively; 5. Notice be notified to must be notified
e) When the client deliberately fails to pay the make it effective to make it
effective
fees for the services or fails to comply with the
retainer agreement; Generally, it is
f) When the lawyer is elected or appointed to a May be exercisable
exercised only when the
public office, and before judgment attorney had
g) Other similar cases 6. Applicability
or execution or already secured
regardless a favorable
thereof. judgment for his
Rule 22.02 – A lawyer who withdraws or is discharged
client
shall subject to a retaining lien, immediately turn over
all papers and property to which the client is entitled,
 In withdrawal as counsel for a client, an attorney may
and shall cooperate with his successor in the orderly
only retire from a case either by written consent of his
transfer of the matter, including all information
client or by permission of the court after due notice and
necessary for the proper handling of the matter.
hearing, in which event the attorney should see to it that
Retaining Charging the name of the new attorney is recorded in the case.
Lien Lien
 An attorney who could not get the written consent of his
client must make an application to the court, for the
relation does not terminate formally until there is a
 ChapterIV | The Lawyer and the Client 10
withdrawal of record. Counsel has no right to presume
that the court would grand his withdrawal and therefore
must still appear on the date of hearing.

 Requirements for the Substitution of Counsel in a

Case:
1. written application
2. written consent of client
3. written consent of attorney to be substituted
4. if the consent of the attorney to be substituted
cannot be obtained, there must be at least a proof
of notice that the motion for substitution has been
served upon him, in the manner prescribed by the
rules.
 A lawyer cannot recover compensation from one who
did not employ or authorize his employment, however
valuable the results of his services may have been to
such person. In similar cases, no compensation when:
1. client conducts himself in a manner which tends to
degrade his attorney;
2. client refuses to extend cooperation;
3. client stops having contact with him.

 The right of a client to terminate a lawyer is absolute.

Such termination may be with or without cause.