AUTHORITY OF ATTORNEY:

The authority of the attorney embraces matters of ordinary procedure only such as to: take legal steps as he deems necessary, file the required pleadings as plaintiffs or petitioners counsel or take actions as may be necessary to protect the interests of the defendant of respondent as a defense counsel and; Most importantly, to protect the interests of his clients during the trial of the case. The negligence of the counsel binds the client which is based on the principle that: Any act performed by a counsel within the scope of his general or implied authority is regarded as the act of his client. Thus, mistake or negligence of the lawyer may result to unfavourable judgment by the court to his client. Employment itself bind the client does not bind the client on substantial matters like: Cause of action Claim or demand sued on Subject matter of litigation He must not impair, novate, compromise, settle, surrender, or destroy the aforementioned substantial matters without his clients consent. The validity of the attorneys commitment in those substantial matters may tested and judged through o A written agreement or; o A special authority [SALONGA VS CA] A lawyer, as an agent of the client can lawfully act on his clients behalf in any matter in which the client has a right or interest to be protected. The extent of the authority is measured by the same test as that which is applied to an ordinary agent. If a lawyer is representing a client in court is more than an agent, his authority expands to that of an ordinary agent. He has powers different from them and superior than them. Meanwhile, if a lawyer is retained by his client to collect claims which he was given authority to take all the necessary steps in order to collect has also the authority to release the debtor from his obligations upon full payment in cash and he has to issue the official receipt therefor. If the client wasnt able to receive the amount he his due, his remedy is against the attorney who now holds the money in trust for him and not on the debtor for upon the issuance of the official receipt, the latter was already release from obligation. [LEE KIM PIO VS DY CHIN] An attorney has do not have the power to receive summon in his professional capacity for he is not an agent within the meaning of the rule authorizing service of summons upon an agent of a corporation. Section 11 of Rule 14 of the 1997 Rules of Civil Procedure clearly states that when the defendant is a corporation, partnership or association organized under the laws of the Philippines with a juridical personality, service (of summons) may be made on the resident, managing partner, general manager, corporate secretary, treasurer or in-house counsel.

A lawyer cant delegate or transfer the confidence and the his authority to another lawyer without his clients consent for the relationship between an attorney and his client is one of utmost trust. But, a lawyer can delegate to his associate or assistant lawyer part or the whole the legal work required to be performed in the prosecution or defense of the clients cause. On the other hand, he may authorize another lawyer to appear in court, sign a pleading or receive a notice on his behalf even in the absence of an express agreement with the client. Presumption is that the lawyer so representing in behalf of another lawyer is empowered to act in that capacity. [SINGSON VS ARAGON] Although one has represented the other lawyer in court, it doesnt create an attorney-client relationship between the former and the client.

AUTHORITY TO APPEAR
Appearance coming into court as a party either as a plaintiff or as a defendant and asking relief therefrom voluntary submission to the courts jurisdiction by a lawyer to represent and plead the cause of another by actual physical appearance or by filing pleadings in court two types of appearance: o General any action on the part of the defendant or his counsel except to object solely to the jurisdiction of the court over the person of the defendant which recognizes the case in court Operates as a voluntary submission to jurisdiction of the court o Special seeks to contest solely jurisdiction of the court over the person of the defendant and which seeks no relief other than the dismissal of the action exclusively on that ground Does not operate as a voluntary submission to the jurisdiction of the court **The distinction between the general and special appearance has been removed when Section 20 of Rule 14 of the 1997 Rules of Civil Procedure amended the previous rule** A lawyers authority to appear for a client commences only from the time he is retained by the client or by his agent. The mere appearance of a lawyer is an assertion that he has been duly authorized to prosecute or defend his clients cause. However, the orderly conduct of judicial proceedings requires a counsel for a party to file with the court his formal written appearance in the case. He must file with the court a pleading usually entitled Appearance with the signature of the client conforming thereto, asking the clerk of court to enter his name as counsel for a party and requesting copies of documents like: orders, processes decision and; pleadings copy furnishes If for an instance, a lawyer failed to enter his formal appearance, the conclusion that the pleading filed by him does not warrant to have no legal effect.

[FLORES VS ZURBIDO] Presumption as to attorneys appearance in court is that he is: authorized to represent in all stages of the litigation and no written authority is required to authorize him to appear. Presumed to be with previous knowledge and consent of the litigant whose representation he assumes until the contrary is shown. Mere denial of a client that he has authorized a lawyer to appear in court especially after the rendition of an adverse judgment is not sufficient to overcome the presumption. When a second attorney appears in court without the withdrawal of the first attorney, the presumption is that the former is employed by the client for he has the right to have as many lawyers as he can afford. As previously said, the presumption is disputable but you have to show a clear evidence for the presumption to be overcame. [LIM SIOK HUEY VS LAPIZ] Although, the presiding judge may require the lawyer who assumes the right to appear in the case to produce or prove his authority and to disclose the name of the person who employed him. [DIMAYUGA VS COURT OF INDUSTRIAL RELATIONS] That requirement is essential because the client will be bound by his agreement resulting from his knowledge that he was being represented by said attorney. If he fails to present such authority when his authority to appeal is challenged gives rise to the conclusion that he has no such authority. [COMMISSIONER OF CUSTOMS VS KMK] Therefore, in order to protect himself, the lawyer should enter into written retainer or secure from his client a written authority to represent him in court. A written retainer will enable a lawyer to easily justify his appearance in court or to show his good faith for a litigant. [GARRIDO VS QUISUMBING] The effects of unauthorized appearance are the following: The client who has not authorized a lawyer to appear is not bound to the rendered judgment. Adverse party may move for the dismissal of the complaint. Lawyer may be cited for contempt as an officer of the court who has misbehaved in his official transactions. He may be disciplined for professional misconduct [MONZON VS REYES]

Rule 16.01 - A lawyer shall account for all money or property collected or received for or from the client. Rule 16.03 - A lawyer shall deliver the funds and property of his client when due or upon demand. However, he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgements and executions he has secured for his client as provided for in the Rules of Court. CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM. Rule 21.03 - A lawyer shall not, without the written consent of his client, give information from his files to an outside agency seeking such information for auditing, statistical, bookkeeping, accounting, data processing, or any similar purpose. Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client.