Amendment to Sec. 32 of Act No. 190 (Code of Civil Procedure)
Act No. 3794, approved on December 2, 1930, amends Section 32 of the Civil Procedure Code in the Philippines. It permits a lawyer to retire from a case at any time, either with the client's written consent or without it if the court allows such retirement after notice and hearing. Additionally, if a client fails to pay agreed-upon fees after a written demand, the lawyer can also retire without consent, provided that notice is given to the court and the opposing party. The act ensures proper documentation and communication regarding changes in legal representation.
Quick Answers
- What is Amendment to Sec. 32 of Act No. 190 (Code of Civil Procedure) about?
- Act No. 3794, approved on December 2, 1930, amends Section 32 of the Civil Procedure Code in the Philippines. It permits a lawyer to retire from a case at any time, either with the client's written consent or without it if the court allows such retirement after notice and hearing. Additionally, if a client fails to pay agreed-upon fees after a written demand, the lawyer can also retire without consent, provided that notice is given to the court and the opposing party. The act ensures proper documentation and communication regarding changes in legal representation.
- What type of law is Act No. 3794?
- Amendment to Sec. 32 of Act No. 190 (Code of Civil Procedure) (Act No. 3794) is a Philippine Statutes enacted by the Congress of the Philippines.
- When was Amendment to Sec. 32 of Act No. 190 (Code of Civil Procedure) enacted?
- Amendment to Sec. 32 of Act No. 190 (Code of Civil Procedure) (Act No. 3794) was enacted on Dec 2, 1930.
- What is the citation for Amendment to Sec. 32 of Act No. 190 (Code of Civil Procedure)?
- Amendment to Sec. 32 of Act No. 190 (Code of Civil Procedure), Act No. 3794, Dec 2, 1930 (Philippines)
Law Information
- Reference Number
- Act No. 3794
- Date Enacted
- Category
- Statutes
- Subcategory
- Acts
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
December 2, 1930
ACT NO. 3794
AN ACT TO AMEND SECTION THIRTY-TWO OF ACT NUMBERED ONE HUNDRED AND NINETY, ENTITLED "AN ACT PROVIDING A CODE OF CIVIL PROCEDURE IN CIVIL ACTIONS AND SPECIAL PROCEEDINGS IN THE PHILIPPINE ISLANDS," AUTHORIZING A LAWYER TO RETIRE AT ANY TIME FROM A CASE, WHEN AFTER A WRITTEN DEMAND ON HIS PART A CLIENT REFUSES TO PAY HIM THE FEES AGREED UPON BETWEEN THEM
SECTION 1. Section thirty-two of Act Numbered One hundred and ninety is hereby amended to read as follows:
"SEC. 32. Change of lawyers. — A lawyer may retire at any time from any action or special proceeding by the written consent of his client filed in court, and a client may at any time dismiss his lawyer or substitute another in his place. A lawyer 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 lawyer, and on hearing, determine that he ought to be allowed to retire. In case of such substitution, the name of the lawyer 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 adverse party.
"A lawyer may also retire at any time from an action or special proceeding, without the consent of his client, or without first obtaining the leave of the court, when his client, after a written demand on his part, refuses to pay him the fees agreed upon between them. However, in case of such retirement, a lawyer shall give a written notice of such fact to the court and to the adverse party."
SECTION 2. This Act shall take effect on its approval.
Approved, December 2, 1930.
Cite This Law
Amendment to Sec. 32 of Act No. 190 (Code of Civil Procedure), Act No. 3794, Dec 2, 1930 (Philippines)
Amendment to Sec. 32 of Act No. 190 (Code of Civil Procedure), Act No. 3794 (Phil. 1930)
Related Laws
- Amendment to Sec. 452 of Act No. 190 (Code of Civil Procedure)Act No. 3862 • Nov 13, 1931 • Statutes
- Amendment to Act No. 190 (Code of Civil Procedure)Act No. 3504 • Dec 8, 1928 • Statutes
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- Amendment to Sec. 788 of Act No. 190 (Code of Civil Procedure)Act No. 3395 • Dec 5, 1927 • Statutes
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- Amendment to Sec. 735 of the Code of Civil ProcedureAct No. 3960 • Dec 2, 1932 • Statutes
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