Professional Documents
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Chapter Xi
Chapter Xi
*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
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