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    Motion To Withdraw As Counsel

    Uploaded by

    Christopher Evans
    1. The document is a motion filed by a defense counsel in a criminal case to withdraw as legal representation for the defendant Juan de la Cruz. 2. The counsel states he terminated the attorney-client relationship due to Juan's failure to pay legal fees despite repeated requests and promises to pay as required by their retainer agreement. 3. The counsel argues that under professional conduct rules, he is allowed to withdraw representation when the client fails to pay fees or comply with the retainer agreement. He requests the court allow him to withdraw without Juan's consent.

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    © All Rights Reserved
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    Motion To Withdraw As Counsel

    Uploaded by

    Christopher Evans
    576 views4 pages
    1. The document is a motion filed by a defense counsel in a criminal case to withdraw as legal representation for the defendant Juan de la Cruz. 2. The counsel states he terminated the attorney-client relationship due to Juan's failure to pay legal fees despite repeated requests and promises to pay as required by their retainer agreement. 3. The counsel argues that under professional conduct rules, he is allowed to withdraw representation when the client fails to pay fees or comply with the retainer agreement. He requests the court allow him to withdraw without Juan's consent.

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    motion to withdraw as counsel. criminal case. :)

    Original Title

    Motion to Withdraw as Counsel

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    1. The document is a motion filed by a defense counsel in a criminal case to withdraw as legal representation for the defendant Juan de la Cruz. 2. The counsel states he terminated the attorney-client relationship due to Juan's failure to pay legal fees despite repeated requests and promises to pay as required by their retainer agreement. 3. The counsel argues that under professional conduct rules, he is allowed to withdraw representation when the client fails to pay fees or comply with the retainer agreement. He requests the court allow him to withdraw without Juan's consent.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    576 views4 pages

    Motion To Withdraw As Counsel

    Uploaded by

    Christopher Evans
    1. The document is a motion filed by a defense counsel in a criminal case to withdraw as legal representation for the defendant Juan de la Cruz. 2. The counsel states he terminated the attorney-client relationship due to Juan's failure to pay legal fees despite repeated requests and promises to pay as required by their retainer agreement. 3. The counsel argues that under professional conduct rules, he is allowed to withdraw representation when the client fails to pay fees or comply with the retainer agreement. He requests the court allow him to withdraw without Juan's consent.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    Republic of the Philippines

    Eighth Judicial Region


    MUNICIPAL TRIAL COURT IN CITIES
    Branch 1
    Tacloban City

    PEOPLE OF THE PHILIPPINES


    Criminal Case No. 123
    For:
    Slight
    Physical

    Plaintif
    Injuries

    -versus-

    JUAN DE LA CRUZ
    Accused

    x---------------------------------------------x

    MOTION TO WITHDRAW

    COMES NOW, the undersigned counsel, unto the


    Honorable Court, most respectfully states:
    1.That the undersigned counsel has already terminated his
    attorney-client relationship with the Defendant Juan de la
    Cruz, particularly because of the latter's deliberate failure to
    pay the fees for the undersigned's legal services despite
    repeated requests for payment and repeated promises to
    pay, in violation of the Defendant's Retainer Contract with
    the undersigned counsel;

    2. That the statement of accounts of the undersigned


    counsel merely fell on deaf ears and not a single centavo
    was paid to this date by the said Defendant contrary to all its
    representations;
    3. That the undersigned counsel's previous request for said
    Defendant to give consent and conformity to the
    undersigned counsel's Motion for Withdrawal was never
    acted upon to this date;
    4. That in view of the foregoing reasons, the undersigned
    counsel could no longer adequately fulfill his obligations as
    legal counsel for the said Defendant;
    5. That Rule 22.01 par. (f) of the Code of Professional
    Responsibility states that a lawyer may withdraw his services
    when the client deliberately fails to pay the fees for the
    services or fails to comply with the retainer agreement;
    6. That there is a need to protect the members of the legal
    profession from clients who take advantages of their
    professional services. In fact, the Honorable Supreme Court
    had the occasion to state that:
    "Counsel, any counsel, if worthy of his hire, is entitled to be
    fully recompensed for his services. With his capital consisting
    solely of his brains and with his skill, acquired at tremendous
    cost not only in money but in the expenditure of time and
    energy, he is entitled to the protection of any judicial tribunal
    against any attempt on the part of the client to escape
    payment of his fees. It is indeed ironic if after putting forth
    the best that is in him to secure justice for the party he
    represents, he himself would not get his due. Such an
    eventuality this Court is determined to avoid. It views with
    disapproval any and every efort of those benefited by
    counsel's services to deprive him of his hard-earned
    honorarium.
    Such
    an
    attitude
    deserves
    condemnation."(Albano vs. Coloma, 21 SCRA 411).
    7. As such, undersigned most respectfully requests that he
    be allowed by this Honorable Court to withdraw his

    appearance in this case as Counsel for the Defendant Juan


    de la Cruz without the latter's express conformity.

    PRAYER

    WHEREFORE,
    premises
    considered,
    undersigned
    counsel most respectfully prays that he be allowed to
    withdraw his appearance in this case as counsel for the
    Defendant Juan de la Cruz, dispensing with the latter's
    express conformity, and that he be relieved of all his
    responsibilities relative to this case.
    Other reliefs just and equitable under the premises are
    likewise prayed for.
    Tacloban City, Philippines, 27th February 2015.

    Atty. Jay Yulo


    Counsel for: Juan De la Cruz
    Brgy. 110
    Utap Tacloban City
    Roll No. 150000
    IBP No. 180090 issued on May 5 2014 at City of Manila
    PTR NO. 100 issued on January 5, 2015 at Tacloban City

    MCLE Compliance No. 20050 series of 2005

    Copy Furnished:
    Atty Kerby Enabore
    Counsel for Plaintif
    Justice Romuladez St.
    Tacloban City

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