4/14/2021 E-Library - Information At Your Fingertips: Printer Friendly received, thereby precluding his client from availing of any further remedies. The Court found him guilty of violating Rules 18.03 and 18.04 of Canon 18 of the CPR. So must it be. Respondent was not justified in deciding on his own whether to pursue a motion for reconsideration before the Court. Complainant is entitled to the benefit of any and every remedy and defense authorized by law, and is expected to rely on the lawyer to assert every such remedy or defense. [17] We, therefore, emphasize that a lawyer is not in the position to rule on the merits of his or her complainant's case. Neither can a lawyer unilaterally decide whether to forego the very last remedy available to his or her client. As the facts here stand, respondent, on his own, opted to no longer file a motion for reconsideration in complainant's case since respondent opined there was no new issue, matter or evidence to offer anyway for the purpose of convincing the Court to favorably rule for his client. Worse, respondent did not even relay to his client that he chose not to move for reconsideration of the decree of denial. Neither did he terminate his services as complainant's counsel pursuant to Sec. 26, Rule 138 of the Rules of Court, viz.: Section 26. Change of attorneys. — An attorney may retire at any time from any action or special proceeding, by the written consent of his client filed in court. He may also retire at any time from an action or special proceeding, without the consent of his client, should the court, on notice to the client and attorney, and on hearing, determine that he ought to be allowed to retire. In case of substitution, the name of the attorney newly employed shall be entered on the docket of the court in place of the former one, and written notice of the change shall be given to the advance party. A client may at any time dismiss his attorney or substitute another in his place, but if the contract between client and attorney has been reduced to writing and the dismissal of the attorney was without justifiable cause, he shall be entitled to recover from the client the full compensation stipulated in the contract. However, the attorney may, in the discretion of the court; intervene in the case to protect his rights. For the payment of his compensation the attorney shall have a lien upon all judgments for the payment of money, and executions issued in pursuance of such judgment, rendered in the case wherein his services had been retained by the client. Without complying with Sec. 26, the attorney of record for one party remains his or her counsel on whom notices should be served. For its part, the Court may recognize no other representation on behalf of the client except such counsel of record until a formal substitution of attorney is effected.[18] Until then, the lawyer of record is deemed continuously required to exert "utmost learning and ability" to the end that nothing https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66208 6/10