CHAPTER XI An appearance means the coming into court as a party either

AUTHORITY OF ATTORNEY as a plaintiff or as a defendant and asking relief therefrom.

* An attorney for a plaintiff initially appears in court when he
A lawyer must perform his duties to his client within the scope
files a complaint or petition on behalf of his client.
of his authority.
*The extent of his authority is defined by what is expected of *The orderly conduct of judicial proceedings, however,
him as provided by law and the Rules of Court and or by the requires that counsel for a party should file the court his
written authority granted him by his client. formal written appearance in the case.

*The general rule is that the negligence or mistake of counsel * Appearance with the signature of the client conforming
binds the client. thereto, asking the clerk of court to enter his name as counsel
*The cause of action, the claim or demand sued upon and the for a party and requesting that copies of orders, processes,
subject matter of the litigation are substantial matters which decision, and pleadings be henceforth sent to him at the
the attorney may not impair, novate, compromise, settle, address therein clearly indicated, with copy o his appearance
surrender or destroy without the clients consent or authority. furnished the adverse party.

Collection of claims
* An attorney cannot, without special authority, discharge his
client’s claim for less than the amount thereof or for the full
amount in kind.
Acceptance of service of summons
*Ordinarily, an attorney has no power to receive or accept on
behalf of his client the service of summons in his bare
professional capacity
A foreign corporation without any agent or officer in this
country other than its counsel who is also its sole
representative for setting claims is sued for a sum of money
and damages, the service of summons made upon its counsel
binds the corporation because, as the sole representative
charge with the duty of setting claims against it, the attorney is
presumed to have communicated to his client the service of
process upon him and as counsel he is also presumed to be
prompt in the protection of his clients interest and diligent in
the discharge of his duty.

Domestic Corporation
Section 11 Rule 14 of 1997 Rules of Civil Procedure
“when the defendant is a corporation, partnership or
association organized under the laws of the Phil.with a
juridical personality, service(summons) may be made on the
resident, managing partner general, corporate secretary,
treasurer, or in-house counsel

*Exclusio unius est exclusion alerius meaning “when the law

does not include it exludes”

Authority to Appear
*No written authority from the client is necessary to enable a
lawyer to represent him in court

Appearance
Notice to one as notice to other counsel; the pre-trial because someone told him that his wife was to
The second exception is that instance where it is admittedly give birth without telling the clerk or any one of the court
clear or obvious that one is a leading counsel and the rest personnel of his inability to wait for the pre-trial
mere helpers, as when the adverse party and the court itself 4. Failure to appear at the scheduled hearing due to another
consider one of the lawyers as the principal counsel. engagement without asking postponement thereof as he had
done in the past or on account of his having misplaced the
Exceptions to rule that notice to counsel is notice to client
notice ang going on vacation or for having assumed that his
Service of notice upon the party instead of upon his attorney is
motion for postponement would be granted.
valid if ordered by the court.
5. Failure to present additional evidence and submitting the
Mode of service of notice case on the evidence already adduced, oversight in submitting
Service of pleadings, motions, notices orders, judgments and certain evidence or error in regard to its sufficiency,
other papers shall be made either personally or by mail. importance or consequence.
6.Failure to claim registered mail containing judicial notice
Service to the party is made only if the party is not resulting his failure to take the steps required in the notice,
represented by counsel or if service to the party is ordered by because he could not afford to hire a regular clerk, or his work
the court, for service to the party who is represented by required him to be in different places.
counsel and not to the latter is not a valid service. 7. Failure to appeal an adverse judgment on account of
Service by registered mail sent to counsel’s address of re cord, erroneous counting of the period within which to perfect the
which was returned with notation that counsel had moved appeal of his delegating the task of computing the period to
therefrom, who did not inform the court of his change of his clerk who made a mistake, or for no reason at all
address, is valid service, effective upon expiration of 5 days 8.Failure to file brief for appellant due to political activities, or
from fist notice, and is binding upon the client. to hypertension
9. Failure to notify his client on time of an adverse judgement
Personal service preferred; explanation required to enable his client to appeal
10 Erroneous interpretation or application of law which gave
Where no explanation is offered to justify resort to service or rise to a default judgment.
filing of pleading by mail or other modes of service, in lieu of 11. Failure to seasonably file a motion for reconsideration or
personal service, the court has no discretion but to expunge appeal, or his failure to appeal within the required period,
the pleading from the record and disregard thereof constitutes which resulted in the finality of the judgment against his
grave abuse of discretion. client.
Mistake or negligence of counsel binding upon client. Generally, the client is bound by the action of his counsel in
Consequently, the mistake or negligence of counsel may result the conduct of his case and cannot be heard to complain that
in the rendition of an unfavorable judgment against the client. the result of litigation might have been different had his
The rule presupposes the existence of an attorney-client counsel proceeded differently.
relationship and of a pending case, and refers only to matters
pertaining to the conduct of such case. Exceptions to rule that negligence of counsel binds client.
In labor cases, the laborers who otherwise have meritorious
The following mistakes or negligence have been binding claims may not be bound by their lawyers obvious lack of
upon the client: acquaintance with a technical point of procedure, especially
1. Failure to file responsive pleading within the reglementary where the lawyer’s erroneous action is compounded by the
period due to a mistake as to the date when the period was to lower court’s oversight, as to deny them a full hearing on the
be counted or as to the import and meaning of the notice or to merits of their claim.
erroneous information as to when summons was received.
2. Appearing tat the pre-trial conference without seeing to it ESTOPPED: By silent or by omission
that his client is present or securing from him a special power In criminal prosecution, the rule is that the accused cannot
to compromise the action. lose his liberty because of the gross irresponsibility of his
3. Unceremoniously leaving the courtroom before the start of lawyer.
CHAPTER XII written consent of his client must file a petition for
TERMINATION OF ATTORNEY’S AUTHORITY AND CHANGE OF withdrawal in court. He must serve a copy of his petition
COUNSEL upon his client and the adverse party at least 3 days
* Client has full liberty before the date set for hearing, otherwise the court may
The right of an attorney to be paid for this services or to a treat the application as “ mere scrap of paper”.
contingent fee based on what may be recovered in the action
if successful does not give him such superior interest in the Death of attorney.
litigation as to preclude the client from terminating the But the death of a partner in a law firm does not severe
professional employment. the professional employment between the law form and
the client, and the remaining partners in the law firm
Limitations on client’s right. continue to assume professional responsibility in the
Quantum Meruit: No agreement as to compensation principle: pending litigation.
reasonable as you deserve
Change or substitution of counsel
Death or incapacity of client
First, he may discharge his attorney at anytime with or
The death of a partner does not necessarily terminate the
without cause and thereafter employ another lawyer who
attorney-client relationship. But the legal dissolution of a
may then enter his appearance.
corporate client or its insolvency and the appointment of a
Second, the attorney himself may initiate the move by
receiver may bring about that result.
withdrawing his appearance either with the written
A lawyer shall withdraw only for good cause. consent of his client or with leave of court on some
As a rule, the withdrawal in writing of a lawyer as counsel for a justifiable ground.
party, with the client’s written conformity, does not require Third method of changing a lawyer is by substitution of
the approval of the court to be effective, especially if the counsel in the form of an application
withdrawal is accompanied by a formal appearance of a new
counsel, and the same ordinarily takes effect upon its filing in Requirements for substitution.
court, insofar as the court is concerned and upon receipt of a A proper substitution of counsel requires:
copy thereof by the adverse party insofar as the latter is (a) a written application for substitution
concerned. (b) written consent of the client
© written consent of the attorney to be substituted.
Application for withdrawal must be based on a good cause -In case such written consent cannot be secured-
namely: (d) there must be filed with the application proof of
1. When the client pursues an illegal or immoral course of service of notice of the application upon the attorney to
conduct in connection with the matter he is handling; be substituted.
2. When the client insists that the lawyer pursue conduct A verbal substitution of counsel, impliedly granted by the
violative of the canons and rules of professional ethics; judge, contravenes the requirements of substitution.
3. When his inability to work with co-counsel will not
promote the best interest of the client;
4. When the mental or physical condition 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 is elected or appointed to public office
7. Other similar cases

Procedure for withdrawal.

A lawyer who desires to retire from action without the
 Right of counsel de oficio to fees
CHAPTER XIII The Rules of Court provide a token compensation for an
The ordinary concept refers to the reasonable attorney de oficio.
compensation paid to a lawyer by his client for the legal The compensation for counsel de oficio is not, however,
services he has rendered to the latter. intended as a source of regular income.
The other concept is the amount of damages which the
court may award to be paid by the losing party to the Contract for a Attorney’s fees
prevailing party. A contract of professional services may either be oral or in
writing. The fee stipulated may be absolute or contingent;
Written agreement it may be a fixed percentage of the amount recovered in
The client’s obligation to pay attorney’s fees arises from the action
the inanimate contract of facias ut des (I do and you give)
The award of damages belongs to the client, unless the
Quantum Meruit : No Compensation lawyer and the client have agreed that whatever
Quantum Meruit means as much as the lawyer deserves attorney’s fees are awarded by the court when the client
or such amount which his services merit prevails in the action shall belong to the lawyer as part of
Recovery of attorneys fees on the basis of quantum meruit his compensation.
is authorized: Manifests conformity thereto: “The court will dectate on
1. When there is no express contract for payment of that”
attorney’s fees
2. when although there is a formal contract for attorney’s Effect of agreement to pay litigation expenses
fees Champertous Contract : In this jurisdiction, an agreement
3. when the contract for attorney’s fees is void due to by a lawyer to conduct the litigation on his own account,
purely formal defects of execution to pay the expenses thereof or to save his client therefrom
4. When the lawyer for justifiable cause was not able to and to receive as his fee a portion of the proceeds of a
finish the case to its conclusion judgment is obnoxious to the law.
5. when the lawyer and the client disregard the contract
for attorney’s fees, Such agreement violates the fiduciary relationship
6. when the client dismissed his counsel before the between the lawyer and his client and renders the lawyer
termination of the case or the latter withdrew therefrom liable for administrative sanction.
for valid reasons.
Factors taken into account.
The doctrine of quantum merit is a device to prevent Amount of fees which a lawyer may charge with the
undue enrichment following Rule 20.01 Code namely:
1. The time spent and the extent of the services
Liability in derivative suits: Stock holders joining together rendered or required;
for the benefit of corporation 2. The novelty and difficulty of the questions
involved;
Who are entitled to or to share in attorney’s fees. 3. The importance of the subject matter;
It is improper for an attorney to receive compensation for 4. The skill demanded;
merely recommending an recommending another lawyer 5. The probability f losing other employment as a
to his client. result of acceptance of the professed case;
6. The customary charges for similar services and the
Fiduciary Capacity schedule of fees of the IBP Charter to which he
Trust and confidence belongs;
7. The amount involved in the controversy and the
benefits resulting to the client from the service;
8. The contingency or certainly of compensation;
9. The character of the employment, whether
occasional or established; and
10. The professional standing of the lawyer

Free as damages not recoverable – general rule

The general rule is that attorney’s fees in the
concept of damages are not recoverable.

Attorney’s fees in the concept of damages

awarded in any of the ff.circumstances
1. When there is agreement –
2. when exemplary damages are awarded
3. When defendant’s action or omission
compelled plaintiff to litigate – To justify the
award of attorney’s fees, the act or omission of
the other party must be in gross bad faith.
4. In criminal cases of malicious prosecution –
prove that the person who charged him knowingly
made a false statement of facts to induce the
prosecutor to prosecute,
5. when the action is clearly unfounded
6. when defendant acted in gross and evident bad
faith
7.In actions for support
8. In cases of recovery of wages
9. in actions for indemnity under workmens
compensation and employee’s liability laws –
Decree No. 442 repealed the Worksmen’s
Compensation Act and replace the compensation
scheme therein provided with a state insurance
system.
10. In a separate civil action arising from a crime
11. when at least double costs are awarded - a
frivolous action or appeal is one which presents no
justiciable question or is so readily recognizable as
devoid of merit on its face that there is, if any,
little prospect of succeeding.

Right to private counsel, a precondition.

For this reason, a successful litigant who
prosecuted his action without the assistance of
counsel is not entitled to the award of attorney’s
fees.
CHAPTER XIV CHAPTER XV
ATTORNEY’S LIENS – The lawyer has in hold the LIABILITIES OF ATTORNEY
papers, documents, money etc.of the client
2 types of Liens: Civil Liability to client
1 Former – Retaining Lien Liability on he part of a lawyer arises only when
2 Charging Liens outcome of the case his error or misconduct in the discharge of his
A lien upon all judgments for the payment of duties to his client is gross or patent.
money and executions issued in pursuance of such Criminal Liability
judgments rendered in the case whrein his Two acts are penalized, to wit:
services have been retained by the client. a. Causing prejudice to client through malicious
breach of professional duty or through
Requisites for validity inexcusable negligence or ignorance;
a. attorney-client relationship b. Revealing the client’s secret learned in the
b. lawful possession by the lawyer of the client’s lawyer’s professional capacity through
funds, documents and papers in his professional malicious breach of professional duty or
capacity, and through inexcusable negligence or ignorance.
c. unsatisfied claim for attorney’s fees or Contempt of court
disbursements. The power to punish for contempt should be
exercised on the preservative and not on the
Mandamus – continuing of supervising execution vindictive principle and on the corrective
esp. environmental laws rather than the retaliatory idea of
punishment, for purposes that are impersonal.
Requisites for validity of charging lien.
a.there must be an attorney’s-client relationship; Contempt proceedings are criminal in nature
b.the attorney has rendered services; even if the acts complained of are incidents of
c.a money judgment favorable to the client has civil actions.
been secured in the action
d.the attorney has a claim for attorney’s fees or Kinds of contempt
advances Contempt of court may be classified as direct
e.a statement of his claim has been duly recorded or indirect, criminal or civil contempt. Direct
in the case with notice thereof served upon the contempt, which is punished summarily
client and the adverse party. consists of misbehavior in the presence of or
so near a court or judge as to interrupt or
obstruct the proceedings before the court or
the administration of justice. An indirect or
constructive contempt is one committed away
from the court involving disobedience of or
resistance to a lawful writ, process, order
judgment or command of the court, or
tending to belittle, degrade, obstruct,
interrupt or embarrass the court. A civil
contempt is the failure to do something
ordered by the court which is for the benefit
of a party. A criminal contempt consists of any
conduct directed against the authority or
dignity of the court.
 Section 4 of Rule 71 of Rules of Court provides Forum Shopping
how indirect contempt is commenced. A willful violation of the non-forum shopping rule
constitutes direct contempt of court and makes the
CHAPTER XVI lawyer liable administratively such as suspension from
SUSPENSION AND DISBARMENT practice of law for one year

Canon 10 which states that a lawyer owes candor, fairness

Requirements of the defense of double
and good faith to the court;
jeopardy:
1. 1st jeopardy has attached Canon 11 which proviedw that a lawyer shall observe and
1. Upon good inforcement maintain respect due the court and to judicial officers;
2. Before a compe
3. After arraignment Canon 12 which mandates that a lawyer shall exert every
4. After plea effort and consider it his duty to assist in the speedy and
efficient administration of justice.
2. 1st jeopardy has terminated
Breach of Duties to client
1. upon either conviction or acquittal
The negligence or carelessness in the performance of duty
2. dismissal of the case without the should not only be gross in character but should have
consent of the accused caused material prejudce to the clients interests as well.
3. dismissal of demerit Conviction of crime involving moral turpitude
3. 2nd jeopardy is the same as the first The crimes of estafa or swindling, falsification of public
documetns, smuggling, bribery murder,
The Supreme court in the exercise of its rule-making
bigamy,abduction,seduction,concubinage and violation of
power, has considered disciplinary proceedings
batas Pambansa blg.22
confidential in nature until their final determination.
Moral turpitude has been defined as everything which is
Grounds for discipline
done contrary to justice, modesty or good morals; an act
It is a conduct that is generally motivated by a
of baseness, vileness or depravity in the private and social
premeditated, obstinate, or intentional purpose.
duties which a man owes his fellowmen, or to society in
Enumerated grounds not exclusive general, contrary to justice, honesty, modesty or good
morals.
Section 27 of Rule 138 of our Rules of Court enumerates
the grounds for disbarment or suspension Jurat of a document : subscribe and swron presented in
the documents
In Maquera we emphasized that the judgment of
suspension against a Filipino lawyer in a foreign
jurisdiction does not automatically result in his suspension
or disbarment in the phil. As the giving rise to his
suspension are not grounds for disbarment and
suspension I this jurisdiction.

Judgment of suspension against a Filipino lawyer may

tansmute into a similar judgment of suspension in the
phil.only if the basis of the foreign court’s action includes
any of the grounds for disbarment or suspension in this
jurisdiction. We likewise held that the judgment of the
foreign court merely constitutes prima facie evidence of
unethical acts as lawyer.