Question & AnswerQ&A (Act No. 3794)
Act No. 3794 is an act to amend Section Thirty-Two of Act No. 190, authorizing a lawyer to retire at any time from a case when, after a written demand, a client refuses to pay the agreed fees.
Section 32 regulates the change of lawyers in civil actions and special proceedings, specifying the conditions under which a lawyer may retire or be dismissed, and the procedure for substitution of lawyers.
A lawyer can retire without the client's consent if the court, after notice and hearing, determines that the lawyer should be allowed to retire or if the client refuses to pay the agreed fees after a written demand by the lawyer.
The lawyer must give written notice of retirement to the court and to the adverse party after making a written demand for payment to the client and upon the client's refusal to pay.
Yes, a client may dismiss his lawyer or substitute another lawyer at any time, and the new lawyer's name must be entered in the court docket.
The name of the newly employed lawyer must be entered on the docket of the court in place of the former lawyer.
No, consent is not required if the court permits the retirement after notice and hearing, or if the client refuses to pay the agreed fees after a written demand.
Written notice of substitution or retirement must be given to the court and to the adverse party.
Act No. 3794 took effect upon its approval on December 2, 1930.
It legally authorizes a lawyer to retire from a case without the client's consent if the client refuses to pay the agreed fees after a written demand.