Wednesday, May 29, 2013

Entry of Appearance, When Necessary

Entry of Appearance, which is a formal written manifestation addressed to the court, is necessary when you appear as a permanent substitute counsel (as when previous counsel had died or withdrawn), but not when you are a counsel of record (you have commenced the action). In the latter case, oral manifestation suffices: “Your honor, appearing for the plaintiff/defendant, Atty. Reggie Duran of DuranDuran Law Offices.” Rock On!
If at the time of submission by substituting counsel’s written entry of appearance, the counsel of record (counsel being replaced) has not withdrawn yet, or has withdrawn but failed to secure the consent of the client, the former would not be allowed. Instead he or she would be entered into the record as collaborating counsel to the counsel of record, until a notice of withdrawal (signed by the private complainant) by counsel of record has been submitted to, and acknowledged by, the court.
If you are filling in for an absent Atty. from the same law office: “Your honor appearing for the plaintiff/defendant, Atty. Reggie Duran from the same law offices of (name absent attorney), DuranDuran Law Offices.
In Criminal Cases, since it is the Public Prosecutor who has the authority to prosecute in behalf of the state, the private complainant, upon filing of the information in court by the prosecutor, acting only as complaining witness/private witness, a private attorney whose services is engaged by the latter shall secure a written permission from the City Prosecutor to prosecute the case, under the direct control and supervision of the public prosecutor. In which case, the verbiage shall be (or words of the same import):
“Your honor appearing for the private complainant under the direct control and supervision of the public prosecutor, Atty. Reggie Duran of DuranDuran Law Offices.”

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