Nanette Eloisa Villanueva LEGFORMS under Atty.

Magbanua
Written Report on Notice of Appearance and Motion for Withdrawal of Counsel

Notice of Appearance

This is a formal notification by an attorney to the court that he/she represents one or more
parties to the case. Sometimes captioned as Entry of Appearance, this is where the undersigned
counsel duly notes and prays that all orders, notices and processes in connection with the case/s
be forwarded to his/her address indicated. The counsel also sometimes requests that he be
allowed to secure the photocopies of the case folder/case records in the case/s.

Motion for Withdrawal of Counsel

In the event that the counsel retires from his duties, he/she has to submit a Motion for
Withdrawal of Counsel. In this motion, the counsel indicates that he/she is terminating the
attorney-client relationship existing between him/her and the client. The counsel also requests
that he/she be allowed by the Honorable Court to withdraw his/her appearance in this case as
counsel for the defendant with the latter’s express conformity.

Canon 22 of the Code of Professional Responsibility provides that a lawyer shall

withdraw his services only for good cause and upon notice appropriate in the circumstances. A
lawyer may withdraw his services in any of the following cases, (1) when the client pursues
illegal/immoral course of conduct in connection with the matter he is handling, (2) when the
client insists that the lawyer pursue conduct violative of the canons and rules, (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 lawyer is elected or appointed to public
office and in (7) other similar cases.

The Rules of Court, in Rule 138, Section 2, paragraph 1 provides that 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 the action or special proceeding, without the
consent of his client, should the court determine that he ought to retire. Paragraph 2 of the same
section likewise provides that a client may at any time dismiss his attorney or substitute another
in his place, but if the contract between the client and attorney has been reduced to writing and
the dismissal of the attorney was without justifiable cause, he shall be entitled to recover from
the client the full compensation stipulated in the contract.
Nanette Eloisa Villanueva LEGFORMS under Atty. Magbanua
Written Report on Notice of Appearance and Motion for Withdrawal of Counsel

I will be reporting about First, the Notice of appearance, then next would be the Motion for
Withdrawal of counsel. So what is the Notice of Appearance, it ias a formal notification prepared
by an attorney and submitted to the court, stating that he/she represents one or more parties to the
case. Sometimes captioned as Entry of Appearance, this is where the counsel duly notes that all
orders, notices and processes in connection with the case/s be forwarded to his/her address
indicated in the notice. The counsel also sometimes requests that he be allowed to secure the
photocopies of the case folder/case records in the case/s.

Next is the
Motion for Withdrawal of Counsel. What is this motion for? In this motion, the counsel indicates
that he/she is terminating the attorney-client relationship existing between him/her and the client.
The counsel also requests that he/she be allowed by the Court to withdraw his/her appearance in
the case as counsel, WITH THE client’s express conformity.

So Canon 22 of the Code of Professional Responsibility provides that a lawyer shall withdraw
his services only for good cause and upon notice appropriate in the circumstances. A lawyer may
withdraw his services in any of the following cases, (1) when the client pursues illegal/immoral
course of conduct in connection with the matter he is handling, (2) when the client insists that the
lawyer pursue conduct violative of the canons and rules, (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 lawyer is elected or appointed to public office and in (7) other similar cases.

In the event that the counsel retires from his duties, he/she has to submit a Motion for
Withdrawal of Counsel.

The Rules of Court, in Rule 138, Section 2, paragraph 1 provides that 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 the action or special proceeding, without the
consent of his client, should the court determine that he ought to retire. Paragraph 2 of the same
section likewise provides that a client may at any time dismiss his attorney or substitute another
in his place, but if the contract between the client and attorney has been reduced to writing and
the dismissal of the attorney was without justifiable cause, he shall be entitled to recover from
the client the full compensation stipulated in the contract.