1) Orcino hired Atty. Gaspar to prosecute a criminal case regarding the slaying of her husband. She paid him an initial fee and agreed to pay additional fees per court appearance.
2) Atty. Gaspar failed to attend a key hearing, after which all accused were granted bail. When confronted, he said he did not receive formal notice. Orcino then took her case files to find a new lawyer.
3) Atty. Gaspar later filed to withdraw from the case without Orcino's consent. The court said he needed her consent or to show cause for withdrawal. Orcino refused consent, but Gaspar did not continue representing her.
1) Orcino hired Atty. Gaspar to prosecute a criminal case regarding the slaying of her husband. She paid him an initial fee and agreed to pay additional fees per court appearance.
2) Atty. Gaspar failed to attend a key hearing, after which all accused were granted bail. When confronted, he said he did not receive formal notice. Orcino then took her case files to find a new lawyer.
3) Atty. Gaspar later filed to withdraw from the case without Orcino's consent. The court said he needed her consent or to show cause for withdrawal. Orcino refused consent, but Gaspar did not continue representing her.
1) Orcino hired Atty. Gaspar to prosecute a criminal case regarding the slaying of her husband. She paid him an initial fee and agreed to pay additional fees per court appearance.
2) Atty. Gaspar failed to attend a key hearing, after which all accused were granted bail. When confronted, he said he did not receive formal notice. Orcino then took her case files to find a new lawyer.
3) Atty. Gaspar later filed to withdraw from the case without Orcino's consent. The court said he needed her consent or to show cause for withdrawal. Orcino refused consent, but Gaspar did not continue representing her.
1) Orcino hired Atty. Gaspar to prosecute a criminal case regarding the slaying of her husband. She paid him an initial fee and agreed to pay additional fees per court appearance.
2) Atty. Gaspar failed to attend a key hearing, after which all accused were granted bail. When confronted, he said he did not receive formal notice. Orcino then took her case files to find a new lawyer.
3) Atty. Gaspar later filed to withdraw from the case without Orcino's consent. The court said he needed her consent or to show cause for withdrawal. Orcino refused consent, but Gaspar did not continue representing her.
TOPIC: Legal Ethics, termination of attorney-client relationship
FACTS: Orcino engaged the services of Atty. Gaspar to prosecute a criminal case she intended to file against several suspects in the slaying of her husband. Orcino bound herself to pay respondent legal fees ofP20,000.00 — P10,000.00 to be paid upon signing of the contract and the balance to be paid on or before the conclusion of the case. She was also to pay P500.00 per appearance of respondent before the court and fiscal. This agreement was embodied in a contract executed on February 22, 1991. Orcino complied with the contract and Atty. Gaspar entered into his duties. Atty. Gaspar, however failed to attend the hearing scheduled in August 1991. It was at this hearing that the court, over complainant’s objections, granted bail to all the accused. Orcino immediately went to respondent’s residence and confronted him with his absence. Gaspar explained that he did not receive formal notice of the hearing. She asked for the records of the case saying that she could refer them to another lawyer. Gaspar then gave her the records. Orcino never returned the records nor did she see Gaspar. On September 18, 1991, Atty. Gaspar filed before the trial court a Motion to Withdraw as Counsel without the consent of Orcino. The court issued an order directing Gaspar to secure complainant’s consent to the motion and his appearance as private prosecutor shall continue until he has secured this consent. Oricno refused to sign her conformity. Atty. Gaspar did not appear at the hearings nor did he contact Orcino, thus she was compelled to engage the services of another lawyer. ISSUE: Whether or not Atty. Gaspar had the right to terminate the attorney-client relation HELD: The client has the absolute right to terminate the attorney-client relation at any time with or without cause. The right of an attorney to withdraw or terminate the relation other than for sufficient cause is, however, considerably restricted. An attorney who undertakes to conduct an action impliedly stipulates to carry it to its conclusion. He cannot 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. 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.” In the present case, Orcina did not give her written consent to Gaspar’s withdrawal. He did not even file an application with the court for it to determine whether he should be allowed to withdraw. But granting that respondent’s motion without complainant’s consent was an application for withdrawal with the court, the Supreme Court found this reason insufficient to justify the withdrawal. Atty. Gaspar’s withdrawal was made on the ground that “there no longer exists the xxx confidence” between them and that there had been “serious differences between them relating to the manner of private prosecution. Rule 22.01 of Canon 22 of the Code of Professional Responsibility provides: “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 cases: a) When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling; b) When the client insists that the lawyer pursue conduct violative of these canons and rules; c) When his inability to work with co-counsel will not promote the best interest of the client; d) When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively; e) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement; f) When the lawyer is elected or appointed to public office; and g) Other similar cases.” The instant case does not fall under any of the grounds mentioned. Neither can this be considered similar or analogous to any. Orcina was upset by Atty. Gaspar’s absence at the hearing where bail was granted to the suspected killers of her husband and it was thus natural for her to react by confrontation. Her words were uttered in a burst of passion and cannot be construed to have intended to terminate Atty. Gaspar’s services. She made this clear when she refused to sign his “Motion to Withdraw as Counsel.” Even if Atty. Gaspar 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.