Title
Republic Act No. 636
Date
Jun 9, 1951
Republic Act No. 636 allows attorneys in the Philippines to retire from a case with the written consent of their client, or with court involvement if the client does not consent, and provides provisions for the substitution of attorneys and the rights of clients to dismiss their attorney.
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Law Summary

Amendment of Section 24

  • Explanation: This section addresses the retirement of attorneys from legal actions or special proceedings and the rights of clients to dismiss or substitute their attorneys.
  • Key Definitions:
    • Retirement of Attorney: The act of an attorney withdrawing from representation in a case.
    • Client: The individual or entity who has engaged the attorney’s services.
  • Important Requirements/Procedures:
    • An attorney can retire:
      • With written consent from the client, which must be filed in court.
      • Without client consent, if permitted by the court after notifying both parties and conducting a hearing.
    • Upon an attorney's retirement, the name of a newly employed attorney must be entered on the court docket, and notice of this change must be given to the adverse party.
  • Relevant Timeframes/Deadlines:
    • No specific timeframes are mandated for the retirement process; however, the court must provide notice and conduct a hearing in cases where the attorney retires without client consent.

Client's Right to Dismiss Attorney

  • Explanation: Clients have the right to dismiss their attorney or substitute another at any time.
  • Key Definitions:
    • Dismissal: The act of terminating the services of the current attorney.
    • Justifiable Cause: A valid reason for the dismissal of an attorney.
  • Important Requirements/Procedures:
    • If the attorney's employment was formalized in a written contract and the dismissal lacks justifiable cause, the attorney is entitled to the full compensation specified in that contract.
    • The attorney will have a lien on any judgments or executions for payment rendered in the case where the attorney's services were utilized.

Attorney's Compensation and Lien

  • Explanation: Establishes the rights of an attorney to claim compensation and enforce a lien under specific circumstances.
  • Key Definitions:
    • Lien: A legal right or interest that an attorney has in the client's judgment until the obligation is satisfied.
  • Important Requirements/Procedures:
    • Attorneys must ensure that their compensation agreements are documented in writing to enforce their right to claim fees.
  • Consequences:
    • Failure to provide justifiable cause for dismissal could lead to financial liability for the client regarding attorney fees.

Effective Date

  • Explanation: This act will take effect immediately upon approval.
  • Important Details:
    • The enactment was approved on June 9, 1951, which marks the date of its immediate effect.

Key Takeaways

  • Attorneys can retire from cases with or without client consent, subject to court approval in the latter case.
  • Clients maintain the right to dismiss their attorneys at any time, although they must be cautious about contractual obligations regarding compensation.
  • The attorney retains a lien on any judgments for payment related to their services, ensuring a mechanism for compensation recovery.
  • The law became effective immediately upon approval, which facilitates prompt adherence and application by legal practitioners.

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