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Form No. 1--Motion to Withdraw Appearance as Counsel for Cause

(Motion to Withdraw Appearance as Counsel for Cause)

(CAPTION)

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 _____________, 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 effort 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 _____________ 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 _____________, 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.

_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)

(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL

 

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