Lawyer's Right to Retire Over Unpaid Fees

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Act No. 3794: Lawyer's Right to Retire Over Unpaid Fees

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Title Supreme Court: Lawyer's Right to Retire Over Unpaid Fees

Law: Act No. 3794

Decision Date: Dec 2, 1930

Amendment to the Code of Civil Procedure in the Philippines granting lawyers the right to retire from a case if the client refuses to pay the agreed-upon fees, with provisions for written consent, court notification, and the ability to substitute another lawyer.

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Conditions for Lawyer's Retirement

A lawyer may retire at any time from a case with the written consent of the client, which must be filed in court.
A client has the right to dismiss or substitute their lawyer at any time.
A lawyer may retire without the client’s consent only if the court, after notice to both client and lawyer and a hearing, allows the retirement.

Substitute Lawyer Procedures

When a lawyer is substituted, the new lawyer's name must be entered on the court docket in place of the previous lawyer.
Written notice of the change must be given to the adverse party.

Lawyer’s Retirement Without Court Approval When Fees Are Unpaid

A lawyer may retire without client consent or court approval if the client refuses payment of fees after a written demand.
In such cases, the lawyer must provide written notice of retirement to the court and the adverse party.

Effective Date

The Act takes effect immediately upon approval on December 2, 1930.

END