Dear Atty. Gab,

Musta Atty? I’m writing to you because I’m in a bit of a bind with my lawyer. I hired Atty. Padilla to handle a breach of contract case against a supplier who didn’t deliver materials I paid for to build my dream bahay kubo in Bulacan. I paid him an initial fee, but after a few months, he says he’s too busy with other cases and wants to withdraw. He hasn’t filed anything significant yet, just some preliminary paperwork. Does he have the right to just quit like that? Am I entitled to any of my money back, especially since he didn’t really do much? I’m confused and feeling abandoned. Any advice would be greatly appreciated.

Salamat,

Maria Hizon

Dear Maria,

Magandang araw, Maria! I understand your concern regarding your lawyer’s intention to withdraw from your case. It’s important to know that while lawyers can withdraw their services, they must do so ethically and responsibly, ensuring your rights are protected throughout the process.

Understanding Your Lawyer’s Duty of Diligence and Competence

As your legal counsel, your lawyer has a professional responsibility to handle your case with competence and diligence. This means they should be adequately prepared, attend to your case with care and devotion, and ensure your legal interests are protected. When a lawyer accepts a case and receives payment, they are expected to fulfill these duties responsibly and ethically.

The Code of Professional Responsibility emphasizes the importance of diligence and competence in handling client matters. A lawyer’s negligence can result in disciplinary action. Furthermore, if a lawyer fails to act with the required diligence or competence, they may be held liable for any damages you incur as a result of their actions.

CANON 18 – A lawyer shall serve his client with competence and diligence.

This canon stresses that from the moment a lawyer accepts a case, they take on a serious duty. They must possess the necessary knowledge and skills to handle the legal matter effectively and must dedicate the time and effort required to pursue your case diligently.

RULE 18.03. A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable.

This rule explicitly prohibits lawyers from neglecting their client’s cases and makes them accountable for any harm caused by such negligence. It underscores the importance of fulfilling professional responsibilities once a case is accepted.

Withdrawal from a case is permissible under certain circumstances, but it cannot be done arbitrarily or in a way that prejudices the client’s rights. The attorney must act responsibly and ethically when withdrawing from a case. If your lawyer intends to withdraw, they must file a motion for withdrawal with the court and provide you with sufficient notice to find another lawyer.

Upon withdrawal, the lawyer must return all documents and property belonging to you and refund any unearned fees. You are entitled to receive a refund of any portion of the acceptance fee that hasn’t been earned due to the lawyer’s early withdrawal. Lawyers must cooperate with their successors to ensure a seamless transfer of the case, preventing delays or harm to the client.

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.

This rule ensures that when a lawyer withdraws, you should receive all relevant documents and information and be in contact with your new lawyer. It also helps to continue your case without disruption.

If your lawyer did not file the case, and withdraws from the case, you should request the attorney to refund the full amount that was paid since no legal work had been performed. If he does not comply with the request, filing a complaint is something you may need to consider.

It is axiomatic that no lawyer is obliged to act either as adviser or advocate for every person who may wish to become his client… Once he agrees to take up the cause of [his] client, the lawyer owes fidelity to such cause and must always be mindful of the trust and confidence reposed in him. He must serve the client with competence and diligence, and champion the latter’s cause with wholehearted fidelity, care and devotion. (Santiago v. Fojas)

This reiterates the principle that once a lawyer accepts a case, they commit to serving the client’s interests with utmost dedication and competence. It highlights the lawyer’s responsibility to uphold the client’s rights and interests throughout the engagement.

Practical Advice for Your Situation

• Request a Detailed Accounting: Ask Atty. Padilla for a breakdown of services rendered and how much of the fee was used.
• Demand a Refund: Formally request a refund of the unearned portion of your fees.
• Seek Assistance from the IBP: If Atty. Padilla refuses to refund the fees, consider filing a complaint with the Integrated Bar of the Philippines (IBP).
• Document Everything: Keep records of all communications, receipts, and documents related to your case.
• Hire a New Lawyer Promptly: Don’t delay in finding a replacement lawyer to ensure your case is not jeopardized.
• Consult with a New Lawyer: Discuss your options and remedies with a new lawyer to assess the best course of action.
• Review the Engagement Contract: Check your contract with Atty. Padilla for any clauses about withdrawal or refunds.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.