Rule 2202 a lawyer who withdraws or is discharged

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: with these provisions, he is providing a disservice to his client, his succeeding counsel, and the court. This is so because “a substitution which does not comply with the required formalities is ineffective to effect a change of counsel or to terminate his authority.”(Agpalo, 2002) This being the case, the court will not recognize any other representation until a formal substitution is validly effected. Further, assuming Atty. X complied with the formalities but still failed to turn over the case records, he is still in violation of the CPR Canons 1 (Rule 1.03) and 12 (Rule 12.04) by unjustly delaying the proceeding of the case of his (former) client. This is so because by not turning over the case records, Atty. X has prejudiced his successor­counsel by making him or her start essentially from scratch. “Canon 1 ­ A lawyer shall uphold the constitution, obey the laws of the land and promote 15 respect for law and legal processes.” “Rule 1.03 ­ A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man’s cause.” “Canon 12 ­ A lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient administration of justice.” “Rule 12.04 ­ A lawyer shall not unduly delay a case, impede the execution of a judgement or misuse Court processes.” d. Atty. X accepted engagement as counsel for accused in a murder case and was paid an acceptance fee. At pre­trial, he withdrew his appearance on ground of differences regarding strategy with his client. He refused to return the money already paid to him by his client upon such withdrawal. MANALAYSAY Atty X must only withdraw his services for good cause. Mere difference in strategy may not be considered as good cause unless of course one which concernes exceptions under Rule 22.01. Atty. X must also return the money pursuant to Rule 22.02 Violated FF: ○ CANON 22 ­ A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRTUMSTANCES. 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 co­counsel 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. ○ Rule 22.02 ­ A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn over all papers and property to which the client is entitled, and shall cooperate with his successor in the orderly transfer of the matter, including all information necessary for the proper handling of the matter. e. Atty. X asks for repeated postponements on behalf of his client, for varied reasons, with payment of postponement fees. MORA Atty.X violates the following Canons and Rules: Canon 12: A lawyer shall exert every effort and consider it his duty to assisst in the speedy and efficient administration of justice. Rule 12.01 in connection with 18.02: a lawyer shall not handle any legal matter without 16 adequate preparation. Rule 12.03 a lawyer shall not after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting the same or offering an explanation for failure to do so. Rule 10.03: a lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice. Canon 20: A Lawyer shall charge only fair and reasonable fees Rule 20.01: A lawyer shall be guided by the following factors in determining his fees: (a) the time spent and the extent of the services rendered or required (b) the novelty and difficulty of the questions involved © the importance of the subject matter (d) the skill demanded (e) the probability of losing employment as a result of the acceptance of the proferred case (f) the customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs (g) the amount involved in the controversy and the benefits resulting from the services Atty.X in repeatedly asking for postponements in behalf of his client for various reasons could be interpreted as: (1) he is not prepared to submit his pleadings, memoranda or brief (2) he misuses rules of procedure Either way, both violates his duty as an officer of the court to help in the efficient and speedy administration of justice. H. Duty Nine: Defend the Accused by Available Legal Means, Without Regard to Personal Opinion on his Guilt a. Accused confessed to Atty. X that he raped the victim. Atty. X refuses to continue with the defense. SUPAPO Atty. X canno...
View Full Document

Ask a homework question - tutors are online