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died or withdrawn), but not when you are a counsel of record (you have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of record (counsel being replaced) has not withdrawn yet, or has withdrawn but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.”
