Pale - Quiz6

ABBAS, SALLY T.
JD3
PROBLEM AREAS IN LEGAL ETHICS QUIZ
APRIL 26, 2023
1. Explain thoroughly the authority of Attorney in general, authority to appear, Conduct of

litigation, and matters imputed to client.
Authority Of Attorney In General

Generally, the professional employment of an attorney confers upon him the general authority
to do on behalf of his client such acts as are necessary or incidental to the prosecution or management
of the suit entrusted to him or the accomplishment of its purpose for which he was retained. The
extent of his authority is defined by what is expected of him as provided by law and the Rules of Court
and/or by the written authority granted him by his client. The former is a general and implied
authority, while the latter is a special authority granted by the client to bind him on substantial matter.
The authority embraces matters of ordinary procedure only. Within the scope of such authority, the
attorney can bind the client by any act performed pursuant thereto, such as to take such legal steps
as he deems necessary file the required pleadings as plaintiffs or petitioner’s counsel or to take such
actions as may be necessary to protect the interests of the defendant or respondent as a defense
counsel. The client has the right to expect that his lawyer will protect his interests during the trial of
the case.
Authority To Appear
His authority to appear for a client commences only from the time he is retained by the client
or by the latter’s agent. The authority of the attorney continues until the termination of the litigation
unless sooner revoked or withdrawn by the client. And in cases where a judge is made a respondent
in a petition challenging the judge’s ruling, the counsel for private respondent who is interested in
having the questioned act sustained has the authority, as he is obligated, to appear for the judge
concerned. No written authority from the client is necessary to enable a lawyer to represent him in
court. His appearance in whatever form is an assertion that he has been duly authorized to prosecute
or
defend the client’s cause. However, an administrative agency, when authorized by law, may require
that a lawyer appearing for a client in a particular case before it submit a written power of attorney
from the client.
Conduct of litigation
Generally, a client may waive, surrender, dismiss or compromise any of his rights involved in
a litigation in favor of the other party even without or against the consent of his attorney. respective
powers of an attorney and his client is clearly defined. The cause of action, the claim or demand sued
upon and the subject matter of the litigation are within the exclusive control of the client; and an
attorney may not impair, compromise, settle, surrender or destroy them without the client’s consent
The limitations to the power of an attorney are particularly designed to safeguard the client’s
interests against malicious or improvident actions of his counsel who, in the complexity of judicial
litigations and by the highly technical nature of his work and the primarily confidential relation
between him and his principal, handles his client’s case without the client’s intervention or
knowledge.
Matters Imputed To Client

The knowledge acquired by an attorney during the time that he is acting within the scope of his
authority is imputed to the client. The doctrine of imputed knowledge is based on the assumption
that an attorney, who has notice of matters affecting his client, has communicated the same to his
principal in the course of professional dealings. The doctrine applies regardless of whether or not the
lawyer actually communicated to the client what he learned in his professional capacity, the attorney
ABBAS, SALLY T. JD3
APRIL 26, 2023
and his client being, in legal contemplation, one juridical person. As a client is chargeable with
knowledge of fact acquired by his counsel, he cannot as a bidder in a sheriffs sale claim that he is a
purchaser in good faith when his attorney knows that the property involved belongs to a third party.
Nor can the client raise, as a defense in an action, the validity of a note when his counsel has
knowledge of the defect in the instrument.
2. Elucidate the termination of counsel’s authority and change or substitution of counsel.
Termination Of Counsel’s Authority
The termination of the attorney-client relationship entails certain duties on the part of the client and
his lawyer. A client has the absolute right to discharge his attorney at any time with or without cause
or even against his consent. The client’s right to terminate the retainer is an implied term of every
professional employment.
Change Or Substitution Of Counsel
In changing or substituting a counsel, a client may change his counsel in a pending case in any of three
ways:
• The client may discharge his attorney at any time with or without cause and thereafter employ
another lawyer who may then enter his appearance;
• The attorney himself may also initiate the move by withdrawing his appearance either with the
written consent of his client or with leave of court on some justifiable ground. Another lawyer may
then appear for the client; or
• By substitution of counsel in the form of an application for that purpose. For these reasons,
compliance with some formalities is necessary to make the change of counsel by substitution
effective.
3. Explain the compensation of an attorney with regards to his right to attorney’s fees,
contract for attorney’s fees, measure of compensation, procedure to recover fees, and
attorney’s fees as damages.
A lawyer, in fixing attorney’s fees, should never forget that the practice of law is a profession
and not a business using counter methods to take large profits for those who conduct it. He should
avoid controversies with clients concerning compensation so far as shall be compatible with self-
respect and with his right to receive a reasonable recompense for his services, and he should
resort to lawsuits with clients only to prevent injustice, imposition, or fraud. In a contract of
attorney’s fees, it is considered as professional services which may either be oral or in writing.
The fee stipulated may be absolute or contingent; it may be a fixed percentage of the amount
recovered in the action. The contract may call for a down payment; it may also provide a fee per
appearance, per piece of work, or on an hourly basis. It may be a combination of these
arrangements.
ABBAS, SALLY T. JD3
APRIL 26, 2023
In measuring the compensation, the amount of attorney’s fees due is stipulated in the written
retainer agreement which is conclusive as to the amount of the lawyer’s compensation. Once the
lawyer has performed the task assigned to him in a valid agreement, his compensation shall be
determined on the basis of what he and his client have agreed and not on a quantum meruit basis
unless otherwise stated.
In recovering fees, under Canon 16, Rule 16.03 of the Code of Professional Responsibility, a
lawyer may apply so much of the client’s funds that come into his possession as may be necessary
to satisfy his fees and disbursements, giving notice promptly thereafter to his client. This
provision assumes that the client agrees with the lawyer in the amount of attorney’s fees. In case
of a disagreement, or when the client disputes the amount claimed by the lawyer for being
unconscionable, the lawyer should not arbitrarily apply the funds in his possession to the
payment of his fees for it would be violative of the trust relationship between the attorney and
client, and would open the door to possible abuse by those who are less than mindful of their
fiduciary duty. The lawyer should, instead, file the necessary action in court to fix and recover the
amount of his fees.
The concept of damages in an attorney’s fees are not recoverable. An adverse decision does
not ipso facto justify their award in favor of the winning party. It is not the fact of winning alone
but the attendance of any of the special circumstances and, in the case of a public litigant, the
existence of the right to private counsel that justifies the award of attorney’s fees as damages in
favor of the prevailing party.

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ABBAS, SALLY T.

1. Explain thoroughly the authority of Attorney in general, authority to appear, Conduct of

Authority Of Attorney In General

Matters Imputed To Client

2. Elucidate the termination of counsel’s authority and change or substitution of counsel.

Termination Of Counsel’s Authority

Change Or Substitution Of Counsel

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