Canon 19: “A lawyer shall

represent his client with

zeal within the bounds of
the law.”
Khirt Henry Legaspi
Thomas Martin Velez
A lawyer’s acceptance of a case implies that he:
 Will exercise reasonable and ordinary care
and diligence in the pursuit or defence of the
case.
 Possesses the required degree of academic
learning, skill, and ability
 Will take steps to safeguard his client’s
interests
 Will exert his best judgment in the
prosecution or defence of the litigation
entrusted to him .
Authority to appear in court

 GR: A lawyer is presumed to be properly

authorized to represent any cause in
which he appears
 XPN: On motion of either party and on
reasonable grounds, the presiding judge
may require an attorney to prove the
authority which he appears
Voluntary Appearance of Lawyer Without
Authority

 An attorney cannot appear for a person

without being employed by said person. A
lawyer who does so otherwise, may be
punished by the court for contempt as an
officer of the court who has misbehaved
in his official transactions.
Effects of unauthorized appearance
 The party represented is not bound by the
attorney’s appearance.
 Court does not acquire jurisdiction over the
person of the party represented.
 The adverse party who has been forced to
litigate as a defendant may move to dismiss
the complaint
 If the unauthorized appearance is willful,
attorney may be cited for contempt as an
officer who has misbehaved.
Ratification of unauthorized appearance

 EXPRESS – The client authorizes the a

lawyer or he confirms his authorization to
represent him in the case
 IMPLIED – When the party accepts the
benefits of representation or fails to
promptly repudiate the assumed
authority.
Extent of lawyer’s authority in litigation
 The lawyer has the authority to bind the
client in all matters of ordinary judicial
procedure.
 Cause of action, claim or demand to be sued
upon, and subject matter of the litigation are
within the exclusive control of the client
 A client may waive any of his rights involved
in litigation without the consent of the
attorney.
 Canon 19 Rule 19.01: “A lawyer shall
employ only fair and honest means to attain
the lawful objectives of his client and shall
not present, participate in presenting or
threaten to present unfounded criminal
charges to obtain an improper advantage in
any case or proceeding ”
Que v Revillia AC no. 7054

 “Rule 19.01 of the CPR obligates the

lawyer, in defending his client, to employ
only such means as are consistent with
truth and honour. He shall not prosecute
patently frivolous and meritless appeals or
institute clear groundless actions.”
 A lawyer should not file or threaten to file
any case that is baseless or unfounded to
secure a leverage over the adversaries to
compel them to withdraw their own case.
 Canon 19 Rule 19.02: “A lawyer who has
received information that his clients has, in the
course of the representation, perpetrateda fraud
upon a person or tribunal, shall promptly call
upon the client to rectify the same, and failing
which he shall terminate the relationship with
such client in accordance with the Rules of
Court.”
 The lawyer’s duty to his client does not
mean freedom to set up false or
fraudulent claims especially with regards
to provisions of law or administrative rules
and that while lawyers are bound to exert
utmost legal skill in prosecuting their
client’s cause or defending it, their duty,
first and foremost, is the administration of
justice.
 Canon 19 Rule 19.02: “A lawyer
shall not allow his client to
dictate the procedure in handling
the case.”
Who has control over the case?

 As to matters of procedure:
- the client must yield to the lawyer

 As to subject matter:
- the client is in control
Authority of counsel to compromise
 GR – The attorney has no authority to
compromise his client’s case.
 XPN –
1. When the lawyer is confronted with an
emergency where prompt and urgent action is
necessary to protect the interest of his client
and there is no opportunity for consultation
with the latter.
2. Settlement of monetary obligation to
client is full payment in cash
Kinds of Appearance
 General Appearance – When a party comes
to court either as plaintiff or defendant and
seeks general reliefs from the court for
satisfaction of his claims or counterclaims
respectively.
 Special Appearance – When a defendant
appears in court solely for the purpose of
objecting to the jurisdiction of the court over
his person
Entry of Appearance v Appearance of counsel

 Entry of Appearance – written

manifestation submitted by the counsel of
record to inform the court that he will act as
the counsel of a party made before the date
of the hearing
 Appearance of counsel – the verbal
manifestation of the counsel in order for the
court to recognize his presence during the
hearing of the case.