In the high-stakes environment of Philippine civil litigation, the relationship between a client and their lawyer is founded on "entire trust and confidence." However, there are instances where a litigant feels their current counsel is not adequately protecting their interests or has overlooked critical legal theories.

Understanding how to transition to new representation and rectify omitted issues is vital to ensuring your day in court is effective.

1. Changing Your Counsel: The Right to Substitute

Under Philippine law, a client has the absolute right to terminate the services of their counsel at any time, with or without cause. This is rooted in the personal nature of the attorney-client relationship.

The Process of Substitution

To effectively change lawyers so that the court recognizes the new representation, you must follow the requirements for a Substitution of Counsel. Simply hiring a new lawyer to show up at a hearing is insufficient and may result in the court ignoring their filings.

The Three Requirements for Valid Substitution:

Written Concession: A written application for substitution.
Written Consent of the Client: Your formal signature authorizing the change.
Written Consent of the Outgoing Lawyer: If this cannot be obtained (e.g., due to a dispute), proof of service of the notice of substitution upon the outgoing lawyer must be filed with the court.

"Notice of Appearance" vs. Substitution

If the previous lawyer has not been formally discharged through the process above, the new lawyer might file a Notice of Appearance as Collaborating Counsel. In this setup, the original lawyer remains the "lead," and the court will still send all official notices to them. To fully sever the tie, a formal substitution is required.

2. Raising Omitted Legal Issues

If your previous lawyer failed to include a specific defense, a counter-claim, or a legal theory in the initial pleadings (the Complaint or the Answer), you must act before the case moves too far into the trial stage.

Amending the Pleadings (Rule 10)

The primary vehicle for introducing omitted issues is an Amended Pleading.

Amendment as a Matter of Right: You can amend your pleading once at any time before a responsive pleading (like an Answer) is served.
Amendment by Leave of Court: If the opposing party has already answered, or if the case is set for pre-trial, you must file a Motion for Leave to Amend Pleading.
The court usually grants this "liberally" in the interest of substantial justice, provided the amendment is not intended for delay.

The Pre-Trial Brief: The Critical Deadline

In Philippine procedure, the Pre-Trial Conference is the "point of no return."

All issues to be tried must be stipulated in the Pre-Trial Order.
If a legal issue or a piece of evidence is not included in your Pre-Trial Brief or the resulting Pre-Trial Order, it is generally barred (waived) during the actual trial.

Note: If you discover an omitted issue after pre-trial, you must prove that the omission was due to "manifest injustice" or request an amendment of the Pre-Trial Order to prevent such injustice, which is a much higher hurdle to climb.

3. Issues That Can Be Raised "At Any Stage"

While most issues must be pleaded early, certain fundamental legal points can be raised even if they were omitted by your previous counsel, because they go to the heart of the court's power to hear the case:

Lack of Jurisdiction over the Subject Matter: Can be raised at any time, even on appeal.
Litis Pendentia: (Another case pending between the same parties for the same cause).
Res Judicata: (The case has already been decided by a final judgment).
Statute of Limitations (Prescription): If the face of the complaint shows the action has already expired.

4. Strategic Considerations

The "Charging Lien": Your outgoing lawyer has a right to be paid for services rendered. They may exercise a "retaining lien" over your case files and documents until their fees are settled.
Timeliness: Courts frown upon changing counsel on the eve of a trial if it appears to be a tactic to secure a postponement. Ensure your new counsel is prepared to hit the ground running.

Would you like me to draft a template for a Motion for Substitution of Counsel or a Motion for Leave to Amend Pleading based on these Philippine rules?