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Generally, a lawyer must perform his duties to his client within the scope of his
authority. The extent of his authority is defined by what is expected of him as provided by
law and the rules of court and/or by the written authority granted him by his client.
COLLECTION OF CLAIMS
An attorney retained by a creditor to enforce a claim has the authority to take all
steps necessary to collect it, such as sending a letter of demand requiring payment of the
obligation within a specified period or filing the corresponding action in court in the event of
the debtor’s refusal to pay. He has also the authority to release the debtor from his
obligation upon full payment thereof in cash and to issue a receipt thereof. However, an
attorney cannot, without special authority discharge his client’s claim for less than the
amount thereof or for the full amount in kind, nor can he, without special authority, encash
or endorse a check or draft payable to his client or deliver the proceeds of a claim to a
person other than to his client or to his client’s authorized agent.
DELEGATION OF AUTHORITY
Since the relation of attorney and client is one of utmost trust, an attorney may not
without the client’s consent, express or implied, delegate the confidence and the authority
that goes with it to another lawyer.
AUTHORITY TO APPEAR
An attorney may not, without being retained or authorized by the court, represent
another in court. His authority to appear for a client commences only from the time he is
retained by the client or by the latter’s agent. No written authority from the client is
necessary to enable a lawyer to represent him in court. His appearance in whatever form is
an assertion that he has been duly authorized to prosecute or defend the client’s cause,
however, the orderly conduct of judicial proceedings, requires that a counsel for a party
should file with the court his formal written appearance in the case.
CONDUCT OF LITIGATION
The cause of action, the claim or demand sued upon and the subject matter of the
litigation are within the exclusive control of the client; and an attorney may not impair,
compromise, settle, surrender or destroy them without the client’s consent. Generally, a
client may waive, surrender, dismiss or compromise any of his rights involved in a litigation
in favor of the other party even without or against the consent of his attorney.
MAKING ADMISSIONS
Generally, the authority of an attorney to make admissions is limited to the action in
which he is retained; consequently, admissions made by him on behalf of a client in one
case are not binding upon the same client in another suit, except when the attorney has
been expressly authorized to make the admission or the subsequent litigation is related to
the previous controversy.
CONFESSION OF JUDGMENT
A confession of judgment stands on the same footing as a compromise agreement.
Hence, a lawyer may not confess judgment against his client except with the knowledge and
at the instance of the client. Nor may he, without being authorized, agree that a judgment
be rendered against his client for a sum of money payable at an extended period even
though he honestly believes that what he did best serves the client’s interest.
A lawyer has no implied authority to waive his client’s right to appeal nor to
withdraw a pending appeal.
EXCEPTIONS:
1- Is that situation where either by agreement or proper manifestation, one of the
attorneys is expressly designated as one to whom service is to be made.
2- Is that instance where it is admittedly clear or obvious that one is a leading
counsel and the rest mere helpers, as when the adverse party and the court
itself consider one of the lawyers as the principal counsel.
EXCEPTIONS:
The court may except cases from the rule where adherence thereto will result in
outright deprivation of the client’s liberty or property or where the interests of
justice so require, and accord relief to the client who suffered by reason of the
lawyer’ gross or palpable mistake or negligence or where the error committed by
counsel is purely technical in nature which does not affect substantially the client’s
cause.