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Motion To Withdraw

An attorney filed a motion to withdraw as counsel for the defendant Verizon Corporation in a civil case between Oracle Company and Verizon Corporation. The attorney argues they can no longer adequately represent Verizon as the client deliberately failed to pay legal fees owed despite repeated requests and promises to pay, in violation of their retainer agreement. The attorney requests the court allow them to withdraw their appearance as counsel for Verizon without the client's consent.

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Reddick Rose
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203 views3 pages

Motion To Withdraw

An attorney filed a motion to withdraw as counsel for the defendant Verizon Corporation in a civil case between Oracle Company and Verizon Corporation. The attorney argues they can no longer adequately represent Verizon as the client deliberately failed to pay legal fees owed despite repeated requests and promises to pay, in violation of their retainer agreement. The attorney requests the court allow them to withdraw their appearance as counsel for Verizon without the client's consent.

Uploaded by

Reddick Rose
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


Davao City, Branch 55

ORACLE COMPANY
Plaintiff,

- versus -
Civil Case No. 11111
VERIZON CORPORATION For: Sum of Money

Defendants.

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 VERIZON
COPRORATION, 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 she 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 she be allowed to withdraw her 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.

Davao City, Philippines; 24 FEB 2020.

ATTY. HALILA Y. SUDAGAR


Counsel for Defendant
EH404, Abreeza Law Bldg., Bajada St.,
Davao City; (032) 253-1000
jiblilalaw@yahoo.com
REQUEST FOR & NOTICE OFHEARING

THE BRANCH CLERK OF COURT


Metropolitan Trial Court
Branch 39, Davao City

Please submit the foregoing Motion to the Court for its


consideration and approval immediately upon receipt hereof and
kindly include the same in the court's calendar for hearing on Friday,
26 April 2017 at 8:30 in the morning.

ATTICUS FITCH

1 Harley Brunison St.

Boyce Avenue, Davao City

Please take notice that counsel has requested to be heard on


Friday, 26 April 2017 at 8:30 in the morning.

ATTY. HALILA Y. SUDAGAR


Counsel for Defendant
EH404, Abreeza Law Bldg., Bajada St.,
Davao City ; (032) 253-1000
jiblilalaw@yahoo.com

PLUS: [5] Proof of Service

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