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    ORCINO vs. Atty. Gaspar

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    Pixie Dust
    Respondent, an attorney, is accused of abandoning his duties and failing to return legal fees paid by the complainant. The complainant had hired and paid respondent to handle a criminal case regarding the killing of her husband. Respondent withdrew from the case without the complainant's consent. Under the Rules of Court, an attorney must obtain written consent from the client or approval from the court to withdraw from a case. Respondent did not do this. Therefore, the court ruled that respondent was not allowed to withdraw from the case without the complainant's concurrence.

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    ORCINO vs. Atty. Gaspar

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    Pixie Dust
    234 views1 page
    Respondent, an attorney, is accused of abandoning his duties and failing to return legal fees paid by the complainant. The complainant had hired and paid respondent to handle a criminal case regarding the killing of her husband. Respondent withdrew from the case without the complainant's consent. Under the Rules of Court, an attorney must obtain written consent from the client or approval from the court to withdraw from a case. Respondent did not do this. Therefore, the court ruled that respondent was not allowed to withdraw from the case without the complainant's concurrence.

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    Respondent, an attorney, is accused of abandoning his duties and failing to return legal fees paid by the complainant. The complainant had hired and paid respondent to handle a criminal case regarding the killing of her husband. Respondent withdrew from the case without the complainant's consent. Under the Rules of Court, an attorney must obtain written consent from the client or approval from the court to withdraw from a case. Respondent did not do this. Therefore, the court ruled that respondent was not allowed to withdraw from the case without the complainant's concurrence.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    234 views1 page

    ORCINO vs. Atty. Gaspar

    Uploaded by

    Pixie Dust
    Respondent, an attorney, is accused of abandoning his duties and failing to return legal fees paid by the complainant. The complainant had hired and paid respondent to handle a criminal case regarding the killing of her husband. Respondent withdrew from the case without the complainant's consent. Under the Rules of Court, an attorney must obtain written consent from the client or approval from the court to withdraw from a case. Respondent did not do this. Therefore, the court ruled that respondent was not allowed to withdraw from the case without the complainant's concurrence.

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    ORCINO vs. ATTY. GASPAR copy thereof served upon the adverse party.

    Should the client refuse


    to give his consent, the lawyer must file an application with the
    FACTS: court. The court, on notice to the client and adverse party, shall
    determine whether he ought to be allowed to retire. The application
    COMPLAINT: abandoning his duties and for failing to
    for withdrawal must be based on a good cause. 18
    return the legal fees, fully paid for his
    services. In the instant case, complainant did not give her written
    consent to respondent's withdrawal. The court thus ordered
    PENALTY: ordered to return to complainant within fifteen
    respondent to secure this consent. Respondent allegedly informed
    (15) days from notice the amount of ten
    the court that complainant had become hostile and refused to sign
    thousand pesos (P10,000.00) representing
    his motion. 19 He, however, did not file an application with the court
    a portion of his legal fees received from
    for it to determine whether he should be allowed to withdraw.
    the latter with a warning that failure on his
    part to do so will result in the imposition Rule 22.01 of Canon 22 of the Code of Professional
    of stiffer disciplinary action Responsibility provides:

    Complainant engaged the service of Atty. Gaspar to handle CANON 22 — A LAWYER SHALL WITHDRAW HIS SERVICES
    the case she was planning to institute against the suspect of killing ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE
    her husband. They entered into a contract, stipulating that said CIRCUMSTANCES.
    lawyer shall handle the case, also included payments and how
    payment be made. Rule 22.01— A lawyer may withdraw his services in any of the
    following cases:
    In accordance with the contract, complainant made
    several payments. Respondent as a private prosecutor, he religiously a) when a client insists upon an unjust or immoral conduct of his
    attended the hearing, however in one time he that was absent, the case;
    accused were all granted bail. The complainant became belligerent
    b) when the client insists that the lawyer pursue conduct violative of
    and started accusing him of jeopardizing the case by his absence, the Code of Professional Responsibility;
    she get the record from respondent and said that she could refer
    them to another lawyer. Respondent in dying, said that he did not c) when the client has two or more retained lawyers and the lawyers
    receive anotice. could not get along to the detriment of the case;

    Respondent filed its withdrawal as counsel for d) when the mental or physical condition of the lawyer makes him
    complainant on the criminal case, but then, his withdrawal was incapable of handling the case effectively;
    bearing no conformity from the complainant, so the court advice
    e) when the client deliberately fails to pay the attorney's fees agreed
    him or else he would remain the complainant’s counsel. upon;

    Respondent did not secure the conformity of the f) when the lawyer is elected or appointed to public office;
    complainant as it refused of doing so. Criminal case continued its
    hearing but counsel did not appear nor contact the complainant. In g) other similar cases.
    result, the latter forced to engage the service of another lawyer.
    The instant case does not fall under any of the grounds
    ISSUE: mentioned. Neither can this be considered analogous to the grounds
    Whether or not he would be allowed to withdraw as enumerated. As found by the Commission on Bar Discipline, this
    counsel without complainant’s concurrence. case arose from a simple misunderstanding between complainant
    RULING: and respondent. Complainant was upset by respondent's absence at
    Section 26 of Rule 138 of the Revised Rules of Court provides: the hearing where bail was granted to the suspected killers of her
    husband. She vehemently opposed the grant of bail. It was thus a
    Sec. 26. Change of attorneys — An attorney may retire at any time spontaneous and natural reaction for her to confront respondent
    from any action or special proceeding, by the written consent of his with his absence. Her belligerence arose from her overzealousness,
    client filed in court. He may also retire at any time from an action or nothing more. Complainant's words and actions may have hurt
    special proceeding, without the consent of his client, should the respondent's feelings considering the work he had put into the case.
    court, on notice to the client and attorney, and on hearing, But her words were uttered in a burst of passion. And even at that
    determine that he ought to be allowed to retire. In case of moment, complainant did not expressly terminate respondent's
    substitution, the name of the attorney newly employed shall be services. She made this clear when she refused to sign his "Motion
    entered on the docket of the court in place of the former one, and to Withdraw as Counsel."
    written notice of the change shall be given to the adverse party.

    A lawyer may retire at any time from any action special


    proceeding with the written consent of his client filed in court and

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