Flashcards Studio

In a civil action for collection filed in the Regional Trial Court, the plaintiff, Juan dela Cruz, is represented by Atty. Ramon Santos, who is the plaintiff’s counsel of record. The defendant, Maria Reyes, is represented by Atty. Luz Fernandez. At the first scheduled pre-trial conference, Atty. Santos does not appear despite service of summons and notice to Maria’s counsel. The court proceeds with the conference, and, after noting the absence of the plaintiff’s counsel, orders Maria to file a verified answer within 15 days. Within days after the conference, Atty. Santos files a verified motion to withdraw as counsel of record on the ground of a pending conflict of interest with another client. The court does not immediately designate substitute counsel. The plaintiff remains unrepresented for 20 days, during which time no pleading is filed by the plaintiff. The court later grants substitution to Atty. Paolo Cruz, but the substitution occurs only after the 20-day unrepresented period. The court eventually dismisses the case for want of prosecution. (a) Identify the controlling doctrine on the Duty of Counsel of Record to appear and to represent the client, including the rule on withdrawal and substitution. (b) Apply the facts to determine whether Atty. Santos violated his duty and whether the court’s dismissal was proper. (c) Explain what remedies are available to protect Maria’s and the plaintiff’s due process rights if timely substitution is not effected.