2018 Legal and Judicial Ethics, Q3

Carina was dismissed by her employer for breach of trust and confidence, and for willful violation of company rules and policies. She filed an action for illegal dismissal claiming that her termination was without legal basis. The Labor Arbiter found that she was illegally dismissed and awarded her the amount of PhP 80 million. On appeal to the National Labor Relations Commission (NLRC), the award was reduced to PhP 40 million as separation pay, plus PhP 5 million for the value of her stock option plans which would have vested if she were not illegally dismissed from her job. Unsatisfied with the NLRC’s decision, she appealed to the Court of Appeals (CA) the amount of monetary award granted by the NLRC. She engaged the services of Casal, Casos and Associates to handle her appeal. Her retainer agreement with Casal, Casos and Associates provided for contingent fees equivalent to 10% of her claim for separation pay and 10% of the value of stock options to be awarded to her.
The CA decision was not favorable to Carina, so she appealed the same to the Supreme Court (the Court). While the case was pending appeal with the Court, Carina entered into a compromise agreement with her employer to terminate the case upon payment to her of the full amount of PhP 40 million, less the PhP 15 million previously paid to her by her employer. Before the compromise agreement was finalized, Carina terminated the services of Casal, Casos and Associates and asked them to withdraw from the case pending before the Court. The parties negotiated the compromise agreement without the participation of their lawyers since the employer imposed the condition that no lawyers should be involved in the compromise negotiation. She, together with her employer, then filed the Compromise Agreement for approval by the Court, and sought the termination of the case, with prejudice.
Casal, Casos and Associates filed a motion to intervene in the case pending with the Court, praying that Carina be ordered to pay them PhP 4 million, representing 10% of the amount received by Carina from her employer in settlement of the case, plus 6% legal interest from the date of filing of the motion for intervention, until fully paid. The intervenors claimed that they were dismissed without justifiable cause prior to the signing of the compromise agreement for the reason that Carina, their client, wanted to evade payment of their legal fees. Carina claimed they were dismissed because Attys. Casal and Casos, who personally handled her case, had resigned from the law firm to join the government, and because of the negligence and failure of her lawyers to attend to her case. In reply, the intervenors said that the engagement was with the law firm and not with individual lawyers. The law firm also presented letters signed by their client commending them for work done well in the case.
(a) May lawyers legally charge their clients based on contingent fees? (2.5%)
(b) Should Casal, Casos and Associates be allowed to intervene in the case pending before the Court in order to collect their fees from Carina? (2.5%)
(c) Can Carina refuse to pay attorneys’ fees on the ground that the lawyers who personally handled her case had already resigned from the law firm with which she had contracted? (2.5%)
(d) May Carina’s employer, defendant in this case, be held solidarily liable with Carina for the payment of the attorneys’ fees of Carina’s lawyers? (2.5%)
(e) May the intervenors collect legal interest in addition to their attorneys’ fees? (2.5%)

Quick check

Are contingent fee contracts between a lawyer and a client legally valid under Philippine law?

What is the effect on a law firm's retainer contract when the individual lawyers handling the case resign from the firm?

May a law firm intervene in a pending appellate case to collect its attorney's fees after being discharged without cause?

When may an opposing employer be held solidarily liable for the attorney's fees of a dismissed law firm?

From what point may legal interest at six percent (6%) per annum be collected on awarded attorney's fees?

Learn more about these topics

1. Contingent Fee Validity
Contingent fee contracts are valid and binding agreements under Philippine legal ethics and jurisprudence, provided the agreed percentage is reasonable, not unconscionable, and not champertous. Such contracts allow litigants who lack immediate financial resources to secure competent legal representation by agreeing that counsel's compensation shall depend upon the successful recovery or favorable outcome of the litigation. When a client dismisses counsel without justifiable cause before case completion, or enters into a compromise agreement, the law firm remains entitled to recover its stipulated contingent fee or reasonable attorney's fees based on quantum meruit.

2. Law Firm Engagement
An engagement contract executed with a law firm establishes an attorney-client relationship between the client and the partnership as a distinct legal entity, rather than exclusively with the individual lawyers assigned to handle the case. Consequently, the resignation or departure of individual partner or associate attorneys from the firm does not automatically sever the attorney-client relationship between the client and the law firm, nor does it extinguish the client's contractual obligation to pay professional fees for legal services rendered by the firm.

3. Charging Lien Intervention
A lawyer or law firm unfairly discharged by a client seeking to evade payment of attorney's fees through a secret compromise agreement may intervene in the pending action to enforce its charging lien. Furthermore, when an opposing party colludes with the client or conditions a compromise settlement upon excluding legal counsel to defraud the law firm of its rightful compensation, that opposing party may be held solidarily liable with the client for the attorney's fees. Legal interest at six percent per annum also accrues from judicial demand.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026