Retaining Lien
written consent of attorney to be substituted
Charging Lien
1. Nature Passive Lien: It cannot be
actively enforced. It is a general lien Active
Lien: It can be enforced by execution. It is a
special lien.
2. Basis Lawful possession of papers,
documents, property belonging to client.
Securing of a favorable money
judgment for the client.
3. Coverage Covers only papers, documents
and property in the lawful possession of the
attorney by reason of his professional
employment Covers all judgments for the
payment of money and executions issued in
pursuance of such judgments.
4. When Lien takes effect As soon as the
attorney gets possession of the papers
documents or property As soon as the
claim for attorney’s fees had been entered
into the records of the case
5. Notice Client need not be notified to
make it effective Client and adverse party
must be notified to make it effective
6. Applicability May be exercised before
judgment or execution or regardless thereof.
Generally, it is exercisable only when
the attorney had already secured a favorable
judgment for his client
In withdrawal as counsel for a client, an
attorney may only retire from a case either
by written consent of his client or by
permission of the court after due notice and
hearing, in which event the attorney should
see to it that the name of the new attorney is
recorded in the case.
An attorney who could not get the written
consent of his client must make an
application to the court, for the relation does
not terminate formally until there is a
withdrawal of record. Counsel has no right to
presume that the court would grand his
withdrawal and therefore must still appear
on the date of hearing.
Requirements for the Substitution of Counsel
in a Case:
written application
written consent of client
if the consent of the attorney to be
substituted cannot be obtained, there must
be at least a proof of notice that the motion
for substitution has been served upon him, in
the manner prescribed by the rules.
A lawyer cannot recover compensation from
one who did not employ or authorize his
employment, however valuable the results of
his services may have been to such person.
In similar cases, no compensation when:
client conducts himself in a manner which
tends to degrade his attorney;
client refuses to extend cooperation;
client stops having contact with him.
The right of a client to terminate a lawyer is
absolute. Such termination may be with or
without cause.
TAGGED WITH LEGAL ETHICS – LIABILITIES
OF LAWYERS
Legal Ethics – Liabilities of Lawyers &
Administrative Liabilities of Lawyers
Liabilities of Lawyers
Civil Liability
Client is prejudiced by lawyer’s negligence or
misconduct
Breach of fiduciary obligation
Civil liability to third persons
Libelous words in pleadings; violation of
communication privilege
Liability for costs of suit (treble costs) – when
lawyer is made liable for insisting on client’s
patently unmeritorious case or interposing
appeal merely to delay litigation
Criminal Liability
Prejudicing client through malicious breach
of professional duty
Revealing client’s secrets
Representing adverse interests
Introducing false evidence
Misappropriating client’s funds (estafa)
Contempt of Court
a. Kinds of Contempt:
Direct – 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;
punished summarily.
Indirect – 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.
Civil- failure to do something ordered by the
court which is for the benefit of a party.
Criminal – any conduct directed against the
authority or dignity of the court.
b. Acts Constituting Contempt:
Misbehavior
Disobedience
Publication concerning pending litigation
Publication tending to degrade the court;
disrespectful language in pleadings
Misleading the court or obstructing justice
Unauthorized practice of law
Belligerent attitude
Unlawful retention of client’s funds
Administrative Liabilities of lawyers
Main Objectives of Disbarment and
Suspension:
to compel the attorney to deal fairly and
honestly with his clients;
to remove from the profession a person
whose misconduct has proved him unfit to be
entrusted with the duties and responsibilities
belonging to the office of an attorney;
to punish the lawyer;
to set an example or a warning for the other
members of the bar;
to safeguard the administration of justice
from incompetent and dishonest lawyers;
to protect the public
Characteristics of Disbarment Proceedings:
Neither a civil nor criminal proceedings;
Double jeopardy cannot be availed of in a
disbarment proceeding;
It can be initiated motu propio by the SC or
IBP. It can be initiated without a complaint;
It is imprescriptible;
Conducted confidentially;
It can proceed regardless of the interest of
the lack thereof on the part of the
complainant;
It constitutes due process.
Grounds for Disbarment or Suspension:
deceit;
malpractice or other gross misconduct in
office;
grossly immoral conduct;
conviction of a crime involving moral
turpitude;
violation of oath of office;
willful disobedience of any lawful order of a
superior court;
corrupt or willful appearance as attorney for
a party to case without authority to do so
(Sec. 27, Rule 138, RRC)
Procedure for Disbarment
Institution either by:
the Supreme Court, motu proprio, or
the IBP, motu proprio, or
upon verified complaint by any person
Six copies of the verified complaint shall be
filed with the Secretary of the IBP or
Secretary of any of its chapter and shall be
forwarded to the IBP Board of Governors.
Investigation by the National Grievance
Investigators.
Submission of investigative report to the IBP
Board of Governors.
Board of Governors decides within 30 days.
Investigation by the Solicitor-General
SC renders final decision for
disbarment/suspension/dismissal.
Quantum of Proof Required: CLEAR,
CONVINCING & SATISFACTORY evidence.
Burden of Proof: Rests on the COMPLAINANT,
the one who instituted the suit

Officers authorized to investigate Disbarment

cases:
Supreme Court
IBP through its Commission on Bar Discipline
or authorized investigator
Office of the Solicitor General

Mitigating Circumstances in Disbarment:

Good faith in the acquisition of a property of
the client subject of litigation (In re: Ruste,
70 Phil. 243)
Inexperience of the lawyer (Munoz v. People,
53 SCRA 190)
Age (Lantos v. Gan, 196 SCRA 16)
Apology (Munoz v. People, 53 SCRA 190)
Lack of Intention to slight or offend the Court
(Rhum of the Philippines, Inc. v. Ferrer, 20
SCRA 441).