PROFESSIONAL ETHICS AND SKILLS

Meaning of Professional Ethics

Ethics literally means moral standards. They are the moral standards that govern human behaviour.
Therefore, professional ethics are those moral standards that are required within the legal
profession.

Laws on Professional Ethics and Skills

✔ Rules of Professional Conduct for Legal Practitioners

✔ Guidelines on the Conferment of SAN made in pursuance to the Legal Practitioners’ Act

✔ Legal Practitioners Act

✔ Legal Practitioners Remuneration (For Business

Textbooks

1. Law in Practice in Nigeria (Professional Ethics and Skills)

2. Principles of Law in Practice (Professional Ethics and Skills) O. b. Abiola
3. Law in Practice Adejoke
4. Professional Ethics and Skills in Law Practices Ongochi

Scope/Overview of Professional Ethics and Skills

✔ History of the legal profession and regulations

✔ Regulatory bodies in the legal profession

✔ Exclusive rights of a legal practitioners and restrictions

✔ Dressing and comportment

✔ Court room decorum and etiquette

✔ The role and duties of counsel to court and contempt of court

✔ Duty of counsel to court

✔ Duty of counsel to client

✔ Professional negligence by lawyers

✔ Relationship with and duty of counsel to colleagues

✔ Duty of counsel to the community (state)

✔ The qualities of good advocate

 ✔ Duty counsel in special circumstances

✔ Duty of counsel to the state

✔ Improper attraction of business

▪ Advertisement

▪ soliciting

✔ Professional discipline of legal practitioners

✔ Appointment and discipline of judicial officers

PART B: ADR, Communicating and Drafting Skills

✔ Interviewing and Counseling

✔ Arbitration and Conciliation

✔ Negotiation

✔ Mediation

✔ Multi-door court houses

✔ Online Dispute Resolution

✔ Letter writing
o Letter of Demand
o Letter f update/status letter
o Employment of letter
o Letter of adjournment
✔ Minutes of Meetings

✔ Curriculum Vitae

✔ Drafting of legislations

✔ Sentences and paragraphing

✔ Legal research

PART C-Law Office Management

✔ Introduction

✔ Establishment of a law firm

 ✔ Classification and organization of a law firm

✔ Law office, layout and administration

✔ Using information technology for administrative, financial, library and case management

✔ Management functions and skills

✔ Case management

PART D-Legal Practitioners Account and Remuneration

✔ General overview of legal practitioners’ account rules

✔ Types of accounts

✔ Books of accounts

✔ Inspection and enforcement of accounts

✔ Remuneration and recovery of fees

Rules of Professional Conduct for Lawyers-An Overview

✔ Introduced to regulate the conduct/affairs of legal practitioners in Nigeria

✔ Authority to make the rules is within the powers of the General Council of the Bar

✔ First set of rules were made in 1967

✔ This was amended in 1979

✔ And again in 2007

✔ And again in 2020 (controversial); see: NBA v. AG Federation

✔ The current rules are that of 2023 which came in effect in January 24

NB: It is binding on all legal practitioners in Nigeria. Currently, the RPC 2023 was made in pursuant to
section 12(4) of the Act. The responsibilities are owed to:

a. State
b. Court
c. Colleagues/comrades
d. Profession
e. client

Chapter I

✔ Part I: Practice as a legal practitioner Rules 1-8)

 ✔ Part II: Relation with Clients (Rules 14-25)

✔ Part III: Relation with other Lawyers (Rules 26-29)

✔ Part IV: Relations with the Court (Rules 30-38)

✔ Part V: Improper Attraction of Business (Rules 39-47)

✔ Part VI: Remuneration and Fees (Rules 48-54)

Chapter II: Guidelines and Rules on Anti-Money Laundering and Combating the Financing

✔ Part I: Objectives and Application (Rules 55-56)

✔ Part II: Obligations of Legal Practitioners in relation to Anti-Money Laundering (Rules 57-60)

✔ Part III: Risk based approach and client due diligence (Rules 61-72)

Chapter III: Miscellaneous Provisions (Rule 73-78)

HISTORY OF LEGAL PROFESSION

● How did the legal profession start in Nigeria

● The SC ordinance of 1863 establishing the SC of her Majesty’s Settlement of Lagos was
introduced to be used in the then British Territory to facilitate British rule
● Lawyers needed for this Court causing the promulgation of the SC Ordinance 1876 which
shaped legal practice.

Eras

The main three eras of development:

1. The era between 1876 to 1914

2. The era between 1914 to 1962
3. The era between 1962 till date

The era between 1876-1914

During this era, there were three (3) ways of practicing law in Nigeria as recognized under Supreme
Court Ordinance, 1876. The are:

1. Professionally qualified lawyers

2. Articled Attorney or lawyers articled in the firm of professionally qualified lawyers
3. Local Attorney

(See: s. 71-74, Supreme Court Ordinance, 1876)

Professionally qualified lawyers: see: s. 71 of the 1876 Ordinance

They were those who either qualified as barristers or solicitors in Great Britain, Ireland, Duplin,
Edinburgh, & Scotland.

The barristers were called to any of the four Inns of Court in England; (i) Middle Temple, (ii) Inner
Temple, (iii) Lincoln’s Inn & (iv) Gray’s Inn. The educational qualification was West African School
Certificate (WASC). Also, each of the Inns of court was used to organizing lectures for its students on
the subjects constituting Bar examinations (Bar Part I and Bar Final), although the lectures were not
compulsory but voluntary. In fact, the course was largely correspondence. However, each candidate
must keep 12 dining terms of which there were four each year. So, it can be shortly put that to
become a Barrister of the Supreme Court in England, the following must be met:

i. The candidate must have passed Bar Examinations (Bar Part I & Bar Final)
ii. The candidate must have kept his dining terms
iii. The candidate must have been called to the Bar by the Benchers of his Inn.
iv. The candidate must have been enrolled at the Supreme Court in England.

NB: University law degree was not required at all during that time. But, possession of a law degree
with 2nd Class Hons. Exempts a student from Bar Part I examinations.

To be a solicitor in England, the person must:

i. Be articled to a firm of solicitors in England for a minimum of 4 years.

ii. Must possess at least West African School Certificate (WASC).
iii. Must have passed Solicitors’ Part I & Solicitors’ Final Examinations as organized by Law
Society.
iv. Law degree was not also required to be qualified for solicitorship but University Law
graduate is exempted from spending a minimum of 4 years but 2 years in articleship. In
fact, he may be exempted from Solicitors’ Part I Examination.

Procedures of Practicing in Nigeria as Professionally Qualified Attorney

To be qualified to practice in Nigeria as a Professional Qualified Attorney during this era, the
following should be done:

a. Formal Application was to be made to the Chief Justice of Nigeria.

b. Enrolment to practice as Barristers and Solicitors in Nigeria by the Chief Justice of Nigeria,
upon successful application. It is important to note that by s. 71 of the 1876 Ordinance, the
CJN may decline to enroll such person despite his qualification. The qualifications to be
considered by the CJN is that such applicant:
● must have been admitted to the four Inns of Court or as solicitors in England, Scotland
or Ireland.
● must be fit and proper
● must have attended 12 dinning meals
NB: a university degree was not a precondition then, lectures were also not compulsory

Articled lawyers/Those who served Articles: Conditions:

By the provision of s. 73 of the Ordinance, 1876, the Chief Justice of Nigeria may admit as legal
practitioner in Nigeria any person who:
 a. Must have served in the law office of a practicing Barrister or Solicitor in Nigeria or Gold
Coast
b. Must have done so for at least 5 years
c. Must have passed examinations by persons appointed by the CJN. The examination was on
the principles and practice of law in Nigeria.

Local Attorneys:

By the provision of s. 74 of the Ordinance 1876, the Chief Justice is empowered to temporarily admit
persons who are deemed fit and proper to appear and act in the capacity of (i) barrister, (Ii) solicitor
& (iii) proctor. In other words, for a person to be fit for this, he must be/have:

a. Fit and proper persons as testified to by a Judge or two district commissioners.

b. Basic academic qualifications
c. Sat and passed exams conducted by the CJN to test the general knowledge of Laws of
England and the Colony
d. Term was for 6 months and renewable for another 6 months.

NB: Local Attorney was appointed at the discretion of the CJN especially when there was a dearth in
qualified Legal Practitioners. Appointment of Local Attorney came to an end in 1908 after series of
protest. Case of Osho Davies (1913)

The Period of 1914-1962:

Legal practice was restricted to professionally qualified legal practitioners. That is; Barristers or
Solicitors in Britain. In 1943, the SC Ordinance of 1876 was repealed by that of Supreme Court
Ordinance of 1943. In pursuance to the 1943 ordinance, the Supreme Court (Civil Procedure) Rules
1945 was made. By the Order 16, Rule 1 of the Supreme Court (Civil Procedure) Rules provided for
additional grounds for enrollment or new criteria for qualification of legal practitioners in Nigeria.

The 1945 Rules provided for 4 additional ways to become a legal practitioner. In addition to having
been professionally qualified and showing evidence of good character, he/she must have:

● Have also practiced as a Barrister or solicitor in the courts of a British Colony for at least 2
years.
● Read in the law office of a practicing Barrister or Solicitor of 5-years standing for at least one
year
● Practiced in the court of the country of his call to bar for two years post call
● Read in Nigeria in the chambers of a practicing barrister of more than 10 years standing for at
least 2 years.

NB: The above four disjunctive and additional qualifications of a professionally qualified lawyer only
began in 1945 to 1962.

Shortcomings of the British trained lawyers:

● Most of them were trained in British as either Barrister or Solicitor but when they get to
Nigeria they are allowed to practice as both Barrister and Solicitor.
● They were trained using English textbooks and law reports.
 ● No formal training was required.
● The Unitary system of Government in England was different from the Nigerian federal system
of Government.

Unsworth Committee

● Considering the shortcomings, Nigeria constituted a committee known as Unsworth

Committee 1959 headed by Attorney General 0f the Federation, E. I. G. Unsworth. The
committee comprises of:
i. Attorney General of the Federation
ii. Solicitor General of the Federation
iii. Regional attorneys general
iv. Legal secretary of the Southern Cameroons
v. Six (6) distinguished legal practitioners.

Responsibility of the committee includes:

i. Consider and make recommendations for the future of legal profession in Nigeria
with reference to legal education and admission practice
ii. Right of audience before the courts by Legal Practitioners and reciprocal
arrangements with other countries.
● Recommendation of the Committee in October 1959:
i. That Nigeria establishes its own system of legal education
ii. That a faculty of Law be established first in University College, Ibadan and
subsequently in other universities to be established in the future
iii. That the Nigerian Law School be established in Lagos to provide vocational course for
aspirants of the Bar.
iv. That a degree in law would be the qualification for admission to legal practice. The
Council Legal Education shall organize courses to make up the University degree and
vocational course prescribed by the Council.
v. That further exams that council shall prescribe shall be taken in cases where the
University awarding a degree has not accepted the syllabus recommended by the
Council of Legal Education.
vi. Council of Legal Education shall be established.

NB: most of he these recommendations were accepted and formed the promulgation of the legal
education act and legal practitioners act of 1962.

Developments upon recommendations:

● NLS was established in 1962 by the Council of Legal Education and ran its first three month
course for 8 students at a building acquired by the CLA at 213, Igbosere Road, Lagos from
January-April, 1963.
● A Law degree was to be obtainable in a recognized university before attending Nigerian Law
School
● Graduates from England already called to English Bar spent 3 months
 ● Graduates who were not yet called in England attended a one-year course at the Nigerian
Law School which started in October, 1963
● Other foreign graduates enrolled for a three-months mandatory Bar I Course and bar part ii
on successful completion of Part I

1962-Date

See: section Legal Practitioners Act of 1962 which was later known as CAP 207, LFN 1990 and later
CAP L11, vol. 8, LFN 2004.

Legal Practitioner was defined in the section 24 of the Act as:

A person entitled in accordance with the provisions of this Act to

practice as a Barrister or as a Barrister and Solicitor, either generally
or for the purposes of any particular office or proceedings.

So, flowing from the definition given in the above provision, there are three (3) categories provided
for:

1. Those entitled to practice generally

2. Those entitled to practice for purposes of a particular office
3. Those entitled to practice for purposes of a particular proceeding. See: s. 24 LPA
1. Those entitled to practice generally:

Under this, there are two ways through which a person may be entitled to practice law generally in
Nigeria. The are:

a. Persons enrolled by the Registrar of the Supreme Court by providing his Call to the Bar certificate
b. Persons enrolled by virtue of the Regulations made by the AG Federation.

Persons enrolled by the Registrar of the Supreme Court by providing his Call to the Bar certificate

A person shall be entitled to practice generally if, and only if, his name is on the roll of Legal
Practitioners kept by the Chief Registrar of the Supreme Court of Nigeria. See: s. 2(1) of the LPA.

For a person to be entitled to have his name enrolled only if:

a. He has been called to the Bar by the Benchers; and

b. He produces a Certificate of his Call to the Bar to the Registrar. See: s. 7(1) of the LPA.

NB: A person shall be called to the Bar under s. 4(1) of the LPA if, and only if:

a. He is a citizen of Nigeria; However, by the Decree No. 9 of 1992, non-citizens can now be
called to the Bar if he satisfies the subsequent conditions for call to bar.
b. He produces a qualifying certificate: the following are considered under s.5 of the Legal
Education Act. before qualifying certificate (call to bar certificate) is issued:
I. Nigerian citizenship. See: s. 5(1)(a) of the Legal Education (Consolidation etc.) Act.
However, by s. 5(2)(a) of the same Act, a non-citizen can now be entitled to have
a qualifying certificate issued by the Council after completing a course of practical
training in the Nigerian Law School
 II. Successful completion of a course of practical training at the Nigerian Law
School. See: s. 5(1)(b) and s. 5(2)(b) of the Legal Education (Consolidation etc.)
Act, Successful completion means:
a) Attending classes
b) Attending externships
c) Keping three dining term
d) Passing Bar Final
c. He satisfies that he is of good character. Okonjo v. CLE (1979) Digest

NB: The Council may EXEMPT from attending the course of practical training at the Nigerian Law
School before the issuance of qualifying certificate totally or partially. This provided for under the
Professional Bodies Special Provisions Act, 1972 and the Professional Bodies (Legal Profession)
Exemption Order 1973, particularly Order 1.

For total exemption from both Bar Part I and Bar Final: the Council of Legal Education may through
the Legal Notice 439 dated 5th Day of July, 1989 exempts a person from undergoing Nigerian Law
School if:

a. He is a Nigerian citizen (by implication, this total exemption is not opened to a

non-Nigerian);
b. He qualified to be admitted to the Law School;
c. His qualifying subjects for admission to the Law School including all core subjects
prescribed by the Council of Legal Education
d. At the time he qualified to attend the Law School or a reasonable time thereafter, he
lost the opportunity of doing so for reasons beyond his control.
e. Consequently, he is awarded a Certificate of Exemption by the Council of Legal
Education.

For Partial Exemption from Bar Part I ONLY: the Council of Legal Education may through the Legal
Notice 446 dated 3rd Day of August, 1989 exempts the following persons from undergoing Bar Part
One (I) course:

a. Graduates of Common Law Jurisdictions who have been teaching Law for 5 years and above
in a faculty of law in a Nigerian University may be exempted from Bar Part I
b. Graduates of non-Common Law Jurisdictions who have taught law in a Faculty of Law in a
Nigerian University for 10 years and above may be exempted partially from Bar Part I course
ONLY.

Those enrolled by virtue of the regulation made by the Attorney General of the Federation.

The AG may consult with the General Bar Council and the Body of Benchers and by regulation, may
provide for the enrolment for names of Legal Practitioners in other countries with reciprocal
arrangement with Nigeria in the practice of the Law. They are to pay fees in addition, he must satisfy
the CJN as follows:
 i. Produce a Certificate signed by the AGF confirming citizenry or nationality of members of the
OAU and that that country affords Nigeria a reciprocal arrangement.
ii. He is entitled to practice in his country
iii. That he passed examinations in general knowledge of Nigerian law set by Council of Legal
Education or has satisfied the AFG of his knowledge of Nigerian Law
iv. He is of good character
v. The person is enrolled on fulfilment of the conditions and allowed to practice.
vi. Note that this enrolment can be withdrawn where such special facilities are also withdrawn
from Nigerians in country of Nigeria. See: s. 7(2) of Legal Practitioners Act.

2. Those entitled to practice for purposes of a particular office s. 2(3) LPA

● Office of the AG, SG & DPP
● Legal Officers in the Public Service Government Departments
● Non-Lawyers designated to carry out legal duties particularly the attendance of judicial
proceedings- no longer obtainable.

3, Those entitled to practice for purpose of particular proceedings/Practice by warrant see: s.

2(2)(b) of the LPA

Conditions:

a. Applicant must be entitled to practice as an advocate in his own country

b. Applicant’s country’ legal system must be similar to that of Nigeria.
c. Fees must be paid to the registrar of the SC

NB: The warrant is not tantamount of immigration permit. Awolowo v. Minister of Internal Affairs
(1962) LLR 177.

List of Law Officers in the Federal Ministry of Justice that are entitled to practice as Barristers and
Solicitors for the Federal Government

1. Directors
2. Deputy Directors
3. Assistant Directors
4. Chief Legal Officers
5. Assistant Chief Legal Officers
6. Principal Legal Officers
7. Senior Legal Officers
8. Legal Officers
9. Pupil Legal Officers.

See generally: Entitlement to Practice as Barrister and Solicitors (Federal Officers) Order.

Also see the following Orders on the entitlement of some public servants who are legal practitioners
to practice as Barristers and Solicitors;
 a. Entitlement to practice as Barristers and Solicitors (National Assembly Office) (Legal
Practitioners) Order 1995;
b. Entitlement to practice as Barristers and Solicitors (Federal Housing Authority) (Legal
Practitioners) Order 1995;
c. Entitlement to practice as Barristers and Solicitors (Federal Road Safety Commission) (Legal
Officers) Order 1997.

Relevant Cases of the Year

● Awolowo v. Minister of Internal Affairs

● Nwambe v. The State (1995): The Court held that there is limit to the right of the accused to
the legal representative of his own choice. Especially, where no legal representative is
provided by the defendant in his trial, the court is due bound to order the Legal Aid to
provide a legal representative to defend such indigent defendant.
● Iboko v. COP (1965) NWLR 384
● Uzodima v. COP (1982) 2 NCLR 325
● Sadikwu v. Dalori (1996) 5 NWLR (Pt. 447) p. 151
● Oyeniran v. Egbetola
● Rewabe v, Okotie-Eboh.
WEEK 4

REGULATORY BODIES IN THE LEGAL PROFESSION, EXCLUSIVE RIGHTS OF LEGAL PRACTITIONERS

AND RESTRICTIONS THERETO

Regulatory bodies

1. General council of the bar

2. Body of benchers
3. Legal practitioners privileges Committee
4. Legal Practitioners Disciplinary Committee
5. Council of legal education
6. National judicial council
7. Nigerian bar association

General Council of the Bar

● Establishment is by s. 1 of the Legal Practitioners Act.

● Composition is by s. 1(2) of the Act. The composition are;
● AGF
● AGS
● 20 members of the NBA, not less than 7 of whom shall be legal practitioners of not
less than ten (10) standing at the Bar
● Functions
1. The body is empowered to make and revise the Rules of Professional Conduct. S.
11(4) LPA
2. The power to make rules of Accounts to be kept by legal practitioners. S. 20(1) LPA
3. General management of the affairs of NBA, subject to limitations in NBA Constitution.
S. 1(1) LPA

Body of Benchers

● Establishment is by section 3 of LPA

● Composition is by section 3(1) of LPA. The composition goes thus:
o CJN and all justices of Supreme Court
o The President of the Court of Appeal
o The Attorney-General of the Federation and Minister for Justice
o Presiding justices of the Court of Appeal Divisions
o The Chief Judge of the Federal High Court
o The Chief Judge of the FCT High Court
o The Chief Judges of all the States
o The Attorneys-General of all the States
o The Chairman, Council of Legal Education1
o President of the Nigerian Bear Association
o 30 Legal Practitioners nominated by NBA

1
Chief Emeka Ngige, SAN is now the Chairman of Council of Legal Education
 o Not more than 10 persons who appear to the Body of Benchers to be eminent
members of the legal profession of not less than 15 years post call.

NB: Individuals mentioned above became members of the Body of

Benchers by virtue of the Statute. Therefore, they automatically
vacate from being members of the Body of Benchers after they cease
to hold the positions.

● Functions
1. Formal call to Bar of persons seeking to become legal practitioners. See: section 3(1)
and s. 10(a) of LP (Amendment Decree) 1994. Note that; s. 8 of the LP (Amendment
Decree) No. 21, 1994 which substituted s. 10 of the principal Act with a news.
2. Issuance of certificate of call to bar. S. 4(4) LPA
3. Prescription/making of its own regulations. S. 3(5) of the LPA
4. The exercise of disciplinary jurisdiction over members of the legal profession and
aspirants seeking to become legal practitioners. S. 10(1)(c) LP (Amendment) 1994
5. By section 10(1)(d) of the LP (Amendment Decree), the Body of Benchers is
empowered to take measures necessary or expedient for maintain at all times the
traditional values of the legal profession
6. The keeping of 3 dining terms by aspirants to the Bar.
7. Prescription of unblemished conduct as a pre-requisite for Call to Bar
8. Sponsorship in writing of aspirants by 2 members of the Body of Benchers.
9. It consults with the Nigerian Law School with regards to training of aspirants to the
Bar.
10. Prescribes annual practicing fees to be paid by the legal practitioners after
consultation with NBA. S. 10(1)(e) of the LP (Amendment Decree).
11. Exercises oversight over NBA NEC in case of dispute, crisis and other exigencies. S.
10(2)&(3) LP (Amendment Decree).
● Eligibility for Academics:
1. Not more than one academic who has distinguished himself and made significant
contribution to legal scholarship and jurisprudence through teaching, research,
published works and academic leadership may be appointed each year.
2. An applicant shall provide 35 copies of his published work which shall include a
minimum of 5 academic works; 20 articles in peer reviewed journals; 10 presentations
at notable conferences and seminars.
3. Detailed evidence of supervision
4. References from at least three professors of law of not less than 10 years-experience,
resident in Nigeria and one of whom must be the applicant’s colleague or peer in the
same field of law indicated by the applicant.
5. Evidence of consistent payment of Bar Practicing fees and branch dues for 5 years
preceding the application.
6. Evidence of full time teaching and research in faculty of law in a reputable university
duly accredited by NUC and CLE, a recognized legal research institute or NLS for at
least ten (10) years immediately preceding the application.
7. Evidence of supervision of post-graduate students
 8. Evidence of full being a professor for at least 2 (two) years preceding the application.
Note that this requirement does not apply to the Director General OF Nigerian Law
School.
9. Evidence of PAYE for 3 years preceding the application.

Legal Practitioners Privileges Committee

● Establishment of s. 5(3) of LPA

● Composition by s. 5(3) of LPA. They are:
o Chief of Justice of Nigeria (Chairman)
o Attorney General of Federation
o One justice of supreme court
o President of the Court of Appeal
o Five (5) Chief judges of the states
o The Chief Judge of Federal High Court
o 5 legal practitioners who are Senior Advocates of Nigeria
● Functions
1. Conferment of the rank of SAN on legal practitioners. Section 5(1) of LPA
2. Making rules as to obligations and privileges to be conferred on SAN. Section 5(7) LPA
3. The LPPC applies sanctions on holder of the rank of SAN as the case may be.
● Privileges
1. Exclusive right to sit at the inner Bar or front row. Rule 1(a) Senior Advocate Nigeria
(Privileges and Functions) Rules
2. Right to mention an application or motion which is on the list for mention, and not
otherwise listed for hearing out of turn. Rule 1(b) SAN (Privileges and Functions) Rules.

NB: There is a new 2022 Guideline for the conferment of SAN in Nigeria.

2022 Guidelines for the Conferment of the Rank of Senior Advocate of Nigeria

● Objective: “It is a privilege conferred as a mark of excellence on members who are in full time
legal practice
● Principle
1. Merit is the primary consideration without regard to ethnic origin, pedigree, physical
disability, marital status, age, religious belief, political views or affiliations.
2. Not more than 20% of the total applicants shall be appointed each year and may be
selected based on national character, geographical spread and gender representation.
3. The appropriate fees as determined each year by the committee shall be charged as
processing application fee, based on reasonable estimate. Successful applicants shall pay
processing conferment fee in an amount to be determined by the committee.
● Eligibility of Advocates:
1. Active current legal practice for at least 10 (ten) years immediately preceding the date of
application. This is different from the old position which requires only 10-years post call.
2. Good character and no pending disciplinary case.
3. Sound knowledge of the law and demonstrate excellent skills as an advocate.
 4. A list of 10 (ten) judges of Superior of Courts who can provide confidential references on
his professional competence.
5. A list of six (6) legal practitioners who can provide confidential references on his
professional competence. The list of six (6) Legal Practitioners must be those who have
led the applicant and against whom the applicant has appeared in contested cases of
substance or complexity etc.
6. Tangible contribution to the development of law through case law, or publications, or
scholarly presentation.
7. Demonstrate clear leadership qualities and loyalty to the legal profession by:
a. Paying consistently, as and when due Bar Practicing Fees and branch dues in the
last ten z(10) years preceding the application;
b. Documentary evidence of his conducting at least 3 (three) cases to conclusion on
pro bono bases within ten (10) years preceding the application.
8. Twenty (20) final judgements of the High Court, National Industrial Court or Election
Petition Tribunal.
9. Five (5) final judgments of the Court of Appeal supported by brief and Notice of Appeal.
10. Four (4) final judgments of the Supreme Court supported by Notice of Appeal and Brief.
Provided that if the applicant has conducted the case from the High Court to Supreme
Court, he will be required to submit 3 (three) final judgments of the Supreme Court.
11. Two (2) consent judgments may be accepted by Appeal pending in the Court of Appeal or
Supreme Court for a minimum of seven (7) years prior to these guidelines, and was later
settled amicably.
12. Evidence of payment of Personal Income Tax.
13. Physical inspection nof applicant’s law offices shall also be carried out by the committee
to ensure that it meets the desired standard.
14. Size and quality of the library
15. Number and quality of support staff
16. Maintenance of proper books of accounts
17. Level of remuneration pad to counsel in chambers.
● Eligibility for Academics

Note: the inspection can be direct physical, virtue mode.

Legal Practitioners Disciplinary Committee

● Establishment is by s. 11 of the LPA

● Composition is by s. 11(w) of the LPA
o A chairman who shall not be either the Chief Justice ofNigeria or Justice of the
Supreme Court
o Two justices of the Court of Appeal
o Two judges of state
o 2 attorneys general who shall be either the Attorney General of the Federation and
Attorney Genera of a State or 2 State Attorneys-General
 o 4 members of the NBA unconnected with either the investigation of a complaint or
the decision by NBA to present a complaint against a legal practitioner for
determination by the committee
● Function
o The body exercises disciplinary jurisdiction over erring legal practitioners found in
breach of professional conduct
o Givers direction to the Registrar of the Supreme Court as to the punishment to be
meted out by a legal practitioner found guilty of professional misconduct. S. 12 of the
LPA
o the Appeal is to the Supreme Court

Legal Practitioners Remuneration Committee

● Establishment by s. 15(1) LPA

● Composition by s. 15
● Functions in s. 15(3) LPA
o To make orders regulating generally the charges of legal practitioners
o Ascertainment of charges appropriate for any transaction or activity by the legal
practitioner
o Agreement between legal practitioners and clients with respect to charges.

Council of Legal Education

● Establishment is by s. 1(1) of the Legal Education (Consolidation) Act 1976 (CAP. L10, LFN
2004)
● Composition is by:
1. Chairman to be appointed by the President of the Federal Republic of Nigeria on the
Attorney General of the Federation.
2. Attorneys-General of States in the absence of an Attorney-General, the state
solicitor-general.
3. A representative of the Federal Ministry of Justice appointed by the Attorney General
of the Federation.
4. President of the Nigerian Bar Association
5. The Director-General of the Nigerian Law School
6. Heads of Faculties of Law of recognized universities in Nigeria, whose course of legal
studies is approved by Council as sufficient qualification for admission to the Law
School
7. 15 pesons entitled to practice as legal practitioenrs in Nigeria or not less than 10 years
post call
8. 2 persons who must be authors of published learned works in the field of law to be
appointed by the AG Federation
● Functions:
1. Responsibility for the legal education of persons seeking to become members of the
legal profession. S. 1(2) Legal Education (Consolidation) Act
2. Continuing Legal Education for legal Practitioners. S. 3 LEA
3. Issuance of Qualifiying Certificate to perosns qualified for Call to Bar. S. 5 LEA
 4. It liaises with the Body of Benchers in matters of training, policy and conditions for
admission to the Bar of aspirants.
5. Prescribed conditions which University must comply with before its products are
eligible for admission into the Nigeria Law School
6. The council is empowered to perform incidental matters in furtherance of its
establishment. See: Okonjo v. Council of Legal Education (1979) Digest of Appeal
Cases 28

National Judicial Council

● Establishment is by s. 153 of the 1999 CFRN

● Composition is by Item 20, Part
1. The CJN (Chairman)
2. The next most senior justice of the Supreme Court as the Vice-Chairman
3. The President of the Court of Appeal
4. Five retired justices selected by the CJN from the Supreme Court or Court of Appeal.
5. The CJ of the FHC
6. 5 CJ of SHC appointed by CJN among the chief judges of states and FCT who shall
serve in rotation for 2 years
7. 1 President of the CCA to be appointed by the CJN among the Presidents of CCA to
serve in rotation for 2 years.
8. 1 Grand Kadi to be appointed by the CJN among the Grad Kadis of the SCA to serve in
rotation for 2 years.’
9. 5 members of NBA who have been qualified to practice for a period of not less than
15 years, at least one of whom shall be a SAN appointed by the NJC on the
recommendation of the NEC of the NBA to serve for 2 years subject to
re-appointment
10. Two persons not being legal practitioners, who in the opinion of the CJN are of
unquestionable integrity.
● Functions:
1. Recommend persons for appointments as judicial officers to the President/Governors
as the case may be.
2. Recommend the removal of erring judicial officers to the President/Governors as the
case may be.
3. Collect, control, disburse all moneys, capital and recurrent for the Judiciary.
4. Advise the President/Governors on any matter pertaining to the Judiciary.
5. Exercise disciplinary measures over judicial officers
6. Control and disburse
7. The

The Nigerian Bar Association

● Establishment:
1. The NBA is not established by statute unlike other controlling bodies. However, it is a
registered association and is recognized by Statute.
 2. It is a registered with the corporate name “Registered Trustees of the Nigerian Bar
Association”.
● Composition:
1. Every person enrolled as a legal practitioner in Nigeria is a member of the NBA
● Functions by s. 3 of the NBA Constitution:
1. Maintenance of the honour and independence of the Bar
2. Maintenance of the highest standards of professional conduct, etiquette and
discipline.
3. Defense of the Bar in relations with the judiciary and executive.
4. Promotion of the rule of law
5. Promotion and advancement of legal education, continuing legal education,
advocacy and jurisprudence.
6. Improvement of the system of administration of justice, its procedures and
arrangement of court business and regular law reporting etc.
● Legal Status of NBA
1. The NBA is a juristic personality. See: Fawehinmi v. NBA (No. 2) 1989 2 NSCC 43
2. There are full members and honorary members of the NBA. S. 4 NBA Constitution,
2015

Exclusive Rights of Legal Practitioners in Nigeria and the Restrictions4x

1. Right of audience
2. Preparation of Documents in relation to court proceedings
3. Statutory declaration of compliance for registration of companies
4. Preparation of documents for grant of probate or letter of administration
5. Preparation of documents relating to land transaction
6. Appointment of AG Federation/States
7. Appointment of Judges

Right of Audience in Court:

s. 8(1) of the LPA

● Status of legal practitioner is important. For example, a compare extent of right of LP by

virtue of enrolment vs. LP by virtue of warrant.
● When is the right of a Legal Practitioner under s. 8(1) be said to be in abeyance?
o When a lawyer is a party
o When a lawyer is a witness
● How to appear (see: Rule 36(f) on how to appear): (there is now difference between NBA v.
Afejuku and Argo v. Nzema)

Preparation of Documents in Relation to Court Proceeding. (S. 22(1)(d) of the Legal Practitioner Act)

● Examples of documents relating to Court proceedings:

o Originating Processes
● Services done for a fee. See: Rule 16 of the RPC & s. 9 of LPA
Preparation of Documents for Grant of Probate or Letters of Administration

● Legal services leading up to the grant of the documents by the Courts.

● Anybody can write the will, but it the lawyer that can prepare grant of probate or letter of
administration.

Preparation of documents relating to Land Transactions (immovable property)

● Examples: deed of mortgage

● Documents must be franked by him. Note consequences of absence of franking. Such
document cannot be admitted for registration in land registry

Appointment of AGF/AGS

● Note: Qualification rules for appointment AG (s. 150, CFRN) and (s. 195, CFRN 1999)

Appointment as Judge of Superior Courts of Record

● What is a superior court of record. See: s. 6(6) of the CFRN 1999

● The judges here are judges of the superior courts.

Appointment as Notary Public

● Appointment made by the CJN. See: s. 2 of Notaries Public Act.

● Functions include notarization of documents especially affidavits.
● Service for a fee as required by Act.
● Not to use the position for issues of personal interest. S. 19 of Notaries Public Act.
● Note number of years post call.

Restrictions

1. Payment of practicing Fees. S. 8(2)

a. No fees no audience. Rule 9(2) of RPC; However, lawyers from Ministry of Justice
would be allowed.
b. To what extent is the above statement true? S. 8(2) LPA; Rule 9(3) of the RPC
c. Note the fee structure.
d. Body of Bencher in collaboration with NBA
e. It is apportioned by having 90% for the NBA and 10% to the NBA
f. It should be paid before 31st of March of every year.
g. For new wigs, within the month of Call to Bar.
h. Other instances where proof of payment becomes mandatory
2. Restrictions: Engagement in Business
a. Engagement in Business: Rule 7 of RPC
b. Combined Practice of Law; Rule 7(1) of RPC
c. Trading in commodities; Rule 7(2) of RPC
3. Retired Judicial Officers
a. Meaning of Judicial Officer is s. 318;
b. Have no right of audience; Rule 6(1)
c. Shall not sign proceedings; Rule 6(4)
 d. However, they can be solicitors. Rule (1) & (3)
e. Retired justices can represent himself. Atake v. Afejuku
f. However, they can still use Justice/Judge after their retirement. Rule 6(5) of RPC
g. Do the rules apply to judges of inferior courts of record? Yes, they canot. See: Rule
6(2);
h. Retired vs. Dismissed: s. 292(2) of the CFRN 1999
4. Salaried employment; Rule 8; RPC
a. A lawyer in salaried employment has no right of audience before the courts while
holding such position. Rule 8(1)
b. Restrained from preparing, signing, franking, pleadings, applications etc. or file such
documents for his employer. Rule 8(2)
5. Directors of Companies are also excluded: Rule 8
a. What can the lawyer do for his employer. How must he appear?
6. Senior Advocates of Nigeria
a. Manner of Appearance before the Courts: Rule 2(1) of SAN (Privileges and Functions)
Rules 1979
b. Appearance in Civil Matters vis-à-vis criminal matters
c. Appearance before judges in chambers. Rule 2(2)
d. Note: fee limits in drafting legal instruments Rule 5
e. Appearance inferior courts of record:
i. COP v. Uzodinma (Representation of Lawyers at Area Courts); Consider s.
36(6)(c) of the CFRN
7. Public Officers: are prohibited form participating in private practice while still holding such
offices. He must not render legal services for a fee to persons other than his employers. The
exception is 5th schedule to the CFRN 1999 which says: “ a public officer shall not engage or
participate in the management and running any private business, profession or trade, except
in management and running.
8. Pears required to have seal and stamp. See: Rule 10(1)
a. For which documents: Rule 10(2)
b. Non compliance with the rule shall cause the documents filed as deemed not filed.
Rule 10(3). It however does not render such document void.
9. Requirement must be satisfied by a lawyer who wishes to carry on work as legal practitioner.
See: Rule 11(1)
a. Purpose is to keep lawyers updated on legal professional knowledge and experience.
b. Activities for participation. Rule 11(2) (a-e).
10. Rule 12; Annual Practicing Certificate. See: Rule 12(1)
a. Evidence of fulfilment of Rule 9 plus evidence
11. Rule 13: Notification of Legal Practice by informing the NBA, within his jurisdiction, of the
location of his law office, whether existing or newly formed. Rule 13. Within how many days
must this be done? Rule 13(1). What shall the NBA do with the Notice-Rule 13(3).
12. Impersonation of Legal Practitioner: legal practitioners can be helZd guilty for such offences.
See: section 22(1) for instances of impersonation; section 22(1)(d) for punishment.
WEEK 6

DUTIES OF LAWYERS TO CLIENTS

1. Dedication to client’s matter

2. Duty to accept brief
3. Conflict of interest
4. Represent client
5. Privilege and confidence
6. Responsibility for litigation
7. Calling at client’s house or place of business
8. Privilege and confidence
9. Lawyer as a witness for client
10. Responsibility for litigation
11. Withdrawal from employment
12. Dealing with client’s property
13. Calling at client’s House for instructions change of counsel by client.

Dedication and Devotion to the Cause of the Client R 14 of the RPC

● Once counsel elects to represent a client, he must do so with utmost dedication. R. 14(1) RPC
● He must show diligence in dealing with client’s matter. R 14(2) RPC
● He must be ready to take the matter from start to conclusion. R 14(4) RPC
● Devotion and dedication must be visible in the pursuit of a client’s case. R. 14(1) RPC

Duty to accept brief (Cab rank rule) R 24

● It is this point that marks the commencement of the relationship between counsel and client.
● What is the “cab rank” rule? Why in your opinion is this described thus?
● In which aspect of legal practice is the rule mainly applied? It mainly applied to criminal
litigation?
● Is the rule a hard and fast one? No. because, it has exceptions:
o He can only accept briefs in an area he professes to practice. He can however
associate with another lawyer that practices that field of law
o Where the lawyer fails to pay professional fees at the time of taking instructions
o Where the brief conflicts with personal/religious interest of the lawyer.
o Where it involves conflicting interest on the part of the lawyer.
o Where the brief is against the religious beliefs of the lawyer
o Where the lawyer can become a party to the case
o Where the lawyer may give evidence on the merits of the case.

Duty to take instructions:

● Where the lawyer takes the instructions of the client? It is in his chamber or firm. R. 22 of RPC:

A lawyer shall not call at a client’s house or place of business for the
purpose of giving advice to, or taking instruments form the client,
 except in special circumstances or for some other urgent reason
preventing his client from coming to his law office

● Are there exceptions? See: Rule 22 of the RPC. The exceptions are:
o Special circumstances preventing his client form coming to his law office. The
examples are:
▪ The client is of very old age

▪ The client is very sick, infirm and bed-ridden

▪ The client is of high national security

o Urgent reasons preventing his client from coming to his law office
NB: the provision of this rule is mainly in relation to taking brief. He is allowed to pay
visitation to his clients in as much it does not relate to taking brief.

Duty to take full instructions:

● Counsel must ensure that he is clear on the instructions given to him so that he can act
appropriately which may be by writing or recording.
● What is the most appropriate mode of taking such instructions? Writing or Recording.
o How do you as the lawyer ensure that you have all the instructions as requested by
your law? By the following:
▪ By having styles of eliciting relevant information from the client.
● A lawyer is not expected to follow instrucitons slavishly. R. 15(1) of RPC; Myers v. Elman
(1940)
● Ability to control the incidence of trial. Adewunmi v. Plastex (Nig) Ltd. (1986). However, the
case has been changed by the provision of R. 24(4) & (5):
A lawyer shall not conduct a civil case or make defence in a
civil case when he knows or ought reasonably to know that it
is intended merely to harass or to injure the opposite party or
to work oppression or wrong.
A lawyer shall be responsible for taking decisions in respect of
incidental matters not affecting the merit of the case or
operating to prejudice

Representing Clients competently and within the bounds of the law

● The lawyer has accepted brief and must therefore do everything possible to achieve the best
for his client. True or False? I tis false considering the provision of R. 15(2), (3)(i) and (j); 15(3);
24(4) RPC
● Refuse to aid conduct he believes to be unlawful even where there is support for the
argument that conduct is legal. R. 15(1)
● Use best endeavours to restrain/prevent client from committing misconduct or breach of the
law with particular reference to judicial officers, witnesses and litigants. E.g.;
 a. The client wants to bribe the judge
b. The clients want to concoct witnesses
c. The client desires to perjure.
● Where client persists, lawyer shall terminate (withdraw) relations. R. 15(2)(b) of RPC. There is
difference between Rejection and Withdrawal. It is rejection if the lawyer does not take the
case at all
● Where a fraud has been committed by the client, it is the duty of the lawyer to ensure that
such fraud is rectified by the client. R. 15(4) of the RPC
● A lawyer is precluded from vouching for the character of his client or his witnesses or stating
the confidence he has in the pursuit of his case. R. 15(5) RPC

Lawyer acting as a witness (R. 20)

● Where testimony does not relate to the merits of the case.

● Instances where lawyer may testify for client. See: R. 20(2).
● Note: Ground for Withdrawal.
● Other lawyers from the same firm also prevented from representation. R. 20(3)
● What happens where lawyer has already taken up employment and afterwards has to testify?
He is to withdraw. See: R. 20(4) & (5) of RPC

Duty to avoid Conflict of Interest Situations

● How would you define conflict of interest?

● In relation to a lawyer’s duties, what is the need for the consideration? R. 17 of
the RPC.
● Pa Erastus walks into the law office of Timlex Legal Practitioners. As soon as he enters,
Miriam recognizes him as a client from the law office where she worked previously. In
fact, she was the one that appeared in court on his behalf at the commencement of the
legal proceedings. She knew he was unlikely to recognize her as he mainly met with her
former principal. Her currently partner has requested she should attend to him.
Comment R. 17(2)

Duty of Disclosure

● What is duty of disclosure?

● Is there any difference in a lawyer acquiring proprietary interest in the subject matter of the
case he is handling and acquiring?
● Can a lawyer having acted for a lawyer in a particular matter elect to represent another party
in the same manner? R 17(4) of RPC.
● What about appearing in a matter

Privilege and Confidence of the Client

● A lawyer has a duty to kept his clients’ secrets and matters confidently discussed safe. R. 19
● This duty extends to his partners, associates and employees. R. 19(4); s. 193 of Evidence Act
● It must have arisen in the course of his employment of the client and continues even after
the representation ceases. S. 192(3) EA.
 Exceptions see: R 19(3) of the RPC

a. Consent after disclosure

b. If it is necessary to recover professional fees
c. Where the RPC or any other law permits;
d. where a court order requires.
e. If it is necessary to do so in defending himself or associates against an action of
wrong conduct or negligence
f. Where the confidence is about the commission of a crime and disclosure is
necessary to forestall it.
g. Where the communication is in furtherance of an illegal purpose. S. 192(1)(a) of
Evidence Act, 2011
h. Where the lawyer notices that a crime or fraud has been committed since he
commenced employment. S. 192(1)(b) of the Evidence Act.
NB: The Money Laundering Act, 2011 places responsibility on lawyers to probe in
to transactions of a client. See: s. 6-8 of the MLA
Note however, however, the position of the court in that provisions in the Act as
null and void and that the inclusion of the Legal Practitioners in the definition of
designated non-financial institutions as inapplicable as they run contrary to the
LPA, RPC and the Constitution.
● Why is it best for a client to reveal relevant secrets to his counsel?
o It helps counsel to have a broad view of the matter
o It prevents the lawyer from getting surprises by an opponent who is ready to take
advantage of such secrets.
● Instances where a lawyer’s testimony for a client may be allowed. R. 20(2)
o relates to value of services rendered
o testimony relating to irrelevant matters
o where evidence cannot be challenged by the other party
o where lawyer’s refusal to testify would injure the client’s case (due to the weight of
evidence within the lawyer’s knowledge

Lawyer as witness for a client

● a lawyer may testify in a matter he is handling for a client more so that it does not touch on
the merits of the case.
● It is however more professional for the lawyer to reject/withdraw from the case. Once he has
an incline that he may be required to testify as witness for client. R. 20(1) & (4) of RPC
● Can he testify on formal aspects of the proceeding? See: R 20(b)
● Instances where a lawyer’s testimony for a client may be allowed. R. 20(2) OF THE rpc
o Relates to value of services rendered
o Testimony relates to irrelevant matters
o Where evidence cannot be challenged by other party
o Where lawyer’s refusal would injure the client’s case (due to the weight of evidence
within the lawyer’s knowledge).

Responsibility for Litigation

 1. a lawyer shall accept any brief in relation to which he professes to practice. S. 24(1)
2. he must know which matter to pursue for a plaintiff and that he must pursue for a defendant.
Such actions must be clearly litigious and not questionable. S. 24(2)
3. he shall not pursue matters to harass or injure or oppress the opposing party. S. 24(3)

Withdrawal from employment

● is a lawyer after having accepted the brief of his client allowed to withdraw from same?
● See: By s. 21(1) of RPC; A lawyer shall not abandon or withdraw from an employment once
assumed, except for good cause.
● what conditions make up good cause?
o Where he has to testify on the merits of the case. R. 19(4)
o Persistent refusal to pay lawyer’s fees
o Conflict of interest
o Client insisting on just or immoral cause
o Consistent disregard of lawyer’s advice and wanting to pursue frivolous case
o Lawyer going to be joined as a party in the case of his client. R. 17(5)
o Counsel is obliged to give prior notice to client.
o Better done in writing and must give client enough time to secure alternative service
of R. 21(3)
o No other lawyer in his firm can take/ continue with the job
o If it is litigation, the court must be informed
o All paid money merited by counsel must be reimbursed to client.

Dealing with Client’s Property

● How should a lawyer deal with client’s property?

● In case of monies obtained, how should he deal with this? See: R. 23(2) of RPC.
● Can he convert client’s money to his fees in an instance where client has refused to pay?
● Can he sell the client’s house to make up for his fees? R. 17(3)(a) of RPC

Change of Counsel by Client (R. 29 of RPC)

● Duties of all parties include:

o New Lawyer:
▪ Promptly give notice to former lawyer

▪ Ensures that all outstanding bills are paid the former lawyer.
o Old and new lawyer:
▪ Inform court of change of counsel.
o Client:

Entitled to:

● All letters he got form the former lawyer to write at his instance
● Copies of letters written to other persons at client’s instance
● Draft and copies and documents made in course of business
 ● Documents form such drafts.

o Old lawyer:
● Letters written by the client to the lawyer
● Copies of letters addressed by lawyer to client
● A lien on client’s documents for unpaid fees.

Professional Negligence by Lawyers

Definition of Phrase.

● Where a lawyer breached his duty of care, whether as an act or omission in the course of
carrying out the job of his client, causing the latter to suffer damages. It is a conduct carried
out carelessly or recklessly
● Negligence by client may amount to professional misconduct. R. 14(5) of RPC.
● Nature:
o What is the relevance of the phrase in the scheme of legal practice?
o A lawyer is bound to exhibit professional competence in the course of handling
matters for clients. However as human kinds, errors are bound to happen.
o The degree of care to be shown by the lawyer would depend on the kind of brief and
other warranting circumstances
o However, the extent of negligence must be one that is gross rather than ordinary.
Bello v. Raji
● Areas of practice where negligence may occur:
o Legal advice
o Areas of solicitor’s work
o Handling of writs
o Handling of cases in court.

Legal Advice:

● As this is the foundational step of any action the client would henceforth decide to take (e.g,
whether to pursue an action or otherwise), the lawyer must ensure he does a careful analysis
of the facts provided before rendering any advice.
● Any misstatements provided in such circumstances may warrant him being liable in
negligence. The basis for this is that lawyer ought not to know the position of the law. Bello
Raji v. X (1946); Saif Ali v. Sydney Mitchell (1978)

Solicitor’s Work

● Such jobs may include: land or company searches, preparation and filing of legal documents,
drafting of wills etc.
● It is more probable for a suit of negligence to arise in the course of doing solicitors work than
in instances where a lawyer is conducting his case before court. S. 9(3); of LPA; Myers v.
Elman (1939).

Handling of Writs:
 ● Lawyers must ensure they carefully file writs in court particularly minidng the time within
which they do so. NBA v. Akintokun (2006)

Handling of Cases

● On conduct of cases before the court. See: s. 9(3) LPA; Rondel v. Worsely (1967)
● Before Rondel’s case
● English court initially held lawyers non-liable as it was thought that lawyers were not paid in
the sense of their being a contract between them and their clients. Fees were paid as a mark
of honour.
● Second, lawyers could not sue client for their fees.
● That their first duty was to the court rather than to the client.
● After Rondel’s case:
o That reasons why lawyers were not to be held negligent were on grounds of public
policy that:
▪ To attain justice, lawyers were to be fearless and independent

▪ To retry actions would prolong litigation. There must be an end to litigation

▪ To encourage lawyers to accept briefs of clients and not shy away for fear of
a suit in negligence.
● Academic discussions:
o That all the reasons given are no longer tenable.
o That rather than making the lawyer afraid, it shall keep them on their toes.
o That the fact that negligence exists does not necessarily mean that the matter shall
be retried. Record of proceedings of the original action may be referred to rather
than lining up witnesses all over again.
o Exception to the Cab rank Rule which allows for a lawyer to turn a case down for
reasons non specialization. Besides, competent lawyers in the relevant field could be
employed.
● As such, the rule in Rondel should be jettisoned and the courts should be left to apply their
discretion regarding such cases.
● Besides, the position of Rondel no longer exists in the UK, a case that formed the basis of
immunity of LPs which we copied.

Exclusion for liability

● Is or are there any exceptions(s) where a lawyer may not be held liable for professional
negligence in circumstances where he ought to be under Nigerian law?
● What is the condition for a lawyer to be excluded? S. 9 of the Legal Practitioners Act
● Note the distinction between before the courts and outside the courts. Lawson v. Matti
(1932) 11 NLR 113 on justification for holding the lawyer negligent.
WEEK 7

APPOINTMENT AND DISCIPLINE OF JUDICIAL OFFICERS & CORRUPTION ISSUES

Meaning of Judicial Officers

They are the holders of any judicial offices mentioned in s. 318(1) of the 1999 CFRN (as amended).

They are:

1. Chief Justice of Nigeria

2. Justice of Supreme Court
3. President of Court of Appeal
4. Chief Judge, Federal High Court
5. Judges of the Federal High Court
6. President of the National Industrial Court of Nigeria
7. Judges of the National Industrial Court of Nigeria
8. Chief Judge, High Court of a State and FCT
9. Judges, High Court of a State and FCT
10. Grand Kadi or Kadis of the Shariah Court of Appeal or states.
11. President or Judge of the Customary Court of Appeal of FCT or states

Qualification

1. National Industrial Court: s. 254B (3) & (4) CFRN (Third Alteration) Act, 2010
o Minimum of 10 years post call, and
o Considerable knowledge and experience in law and practice of industrial relations
and employment conditions in Nigeria.
2. Grand Kadi or Kadi Shariah Court of Appeal of the FCT: s. 261(3)(a) of 1999 CFRN (as amended
& Kadi SCA states. Section 276(3)(a), 1999 CFRN (as amended).
● Lawyer:
o he has been so qualified for not less than 10 years.
● Non-Lawyer:
o He has a recognized qualification in Islamic law form an institution acceptable to
the NJC for a period of not less than 10/12 years respectively for SCA of states and
FCT; and
o In addition, has considerable experience in the practice of Islamic law, or
o He is a distinguished scholar of Islamic law. ss. 261(3)(b) & 276(3)(b) Constitution.
3. President & Judge of the Customary Court of Appeal (FCT): section 266(3)(a), 1999 CFRN (as
amended) & President & Judge Customary Court of Appeal of states: s. 281
 a. Non lawyer: s. 266(3)(b); s. 281(3)(b): must possess considerable knowledge of
and experience in customary law practice, in the opinion of the NJC.
4. Court of Appeal: s. 238(3) 1999 CFRN (as amended)
a. Minimum of 12 years post call
5. Supreme Court: s. 231 of the 1999 CFRN (as ameded)
a. Minimum of 15 years

Disqualification for Appointment

See: section 289 of 1999 CFRN:

● Legal practitioners who are members of NJC, FJSC, SJSC, and JSC of the FCT are not qualified
to be appointed till after three years from the date that they ceased to be member.

Appointing Authorities

The bodies responsible for the appointment of judicial officers are:

a. The Federal Judicial Service Commission (FJSC): The body advises the NJC on those to be
appointed into federal judicial officers.
b. National Judicial Council (NJC): the body recommends to the Governor or President.
c. Judicial Service Committee of the Federal Capital Territory (JSC-FCT): it advises the NJC on
those to be nominated Into judicial offices of the FCT.
d. State Judicial Service Commission (SJSC): advises the NJC on the nomination to state judicial
offices.
e. The President of Nigeria
f. The Governor of a State

The Federal Judicial Service Commission

Advises the NJC on the suitable person to be nominated for appointment and recommends to NJC
on the removal of the following judicial officers: CJN, JSC, PCA, JCA, Judge of FHC, President and
Judge of NICN, and Chairman and members of CCT.

The National Judicial Council

● Recommends to the President the appointment from the list submitted to it by FJSC and JSC
of the FCT, the Federal Judicial Officers and the Judicial Officers of the FCT.
● Recommends to the President the removal of the Federal Judicial Officers and Judicial
Officers of the FCT.
● Recommends to the Governor the appointment from the list submitted to it by SJSC, the
State judicial officers
● Recommend to the Governor the removal state judicial officers.
● Controls the finances (recurrent and capital expenditures) of courts.

The Judicial Service Committee of the Federal Capital Territory

● Recommends to the NJC suitable persons for nomination for appointment and recommends
the removal of the following judicial officers of the FCT: CJ of the HC of FCT, Judges of HC of
FCT, Grand Kadi and Kadi SCA of FCT, President and Judge CCA of FCT.
 ● Appoints, promotes and exercises disciplinary control OF CR, DCR of the HC, SCA, CCA;
Magistrates, the judges and members of District and Area Courts and members of staff of the
Judicial Service of the FCT.

The Judicial Service Committee of the State

● Recommends to the NJC suitable persons for nomination for appointment and recommends
the removal of the following judicial officers of the State: CJ of the HC of the State, Judges of
HC of State, Grand Kadi and Kadi SCA of State, President and Judge CCA of State.
● Appoints, promotes and exercises disciplinary control OF CR, DCR of the HC, SCA, CCA;
Magistrates, the judges and members of District and Area Courts and members of staff of the
Judicial Service of the State.

The President of Nigeria

Appoints the Federal Judicial Officers and the judicial officers of the FCT.

NB: the appointment is done by the President.

Procedure for appointment by President

The following appointments require the confirmation of the Senate; CJN, President CA, CJ of FHC,
Grand Kadi SCA of FCT, President CCA of FCT, and Chairman CCT.

The following appointments do not require confirmation of the Senate: JSC, JCA, judge of FHC, Kadi
SCA of FCT, judge CCA of FCT, and members of CA.

The Governor of a State

He appoints the state judicial officers.

The following appointments require the confirmation of the State House of Assembly; CJ of HCS,
Grand Kadi SCA of State and President of CCA of State.

The following appointments do not require the confirmation of the State House of Assembly: Judge
of HCS, Kadi SCA of state; and Judge CCA of state.

Guidelines for Appointment:

1. Notice of intention to appoint specific Number of Judges is sent by:

a. The chairman of SJSC to Governor; or
b. Chairman of JSC of FCT/Head of the Federal Court to the Chairman to the
NJC/Chairman of FJSC (CJN in his statutory capacity as Chairman) and a copy sent to
the Secretary of NJC.
2. The Secretary of NJC upon receipt of notice will advise the Chairman of the NJC (CJN) on the
number of the judicial officers that can be appointed at that period based on the budget of
the Council.
3. The Chairman of the Council (CJN) will notify the Head of Court, the Chairman of SJSC, the
Chairman of the JSC-FCT and enquire whether to reduce the number and proceed with the
appointment or not.
 4. After the response of the Governor, and Head of Federal Courts to the Secretary of NJC on
confirmation based on number that can be appointed at the time , the Judicial Service
Commission or Committee concerned shall:
a. Call for application from qualified lawyers through publication in website, NBA
branches nationwide:
b. Write heads of Superior Courts of Record, serving Justices of the Supreme Court and
Court of Appeal requesting them to nominate suitable candidates.
c. Write President of NBA for Federal Courts and Chairman of Branches for State Courts
d. Shortlist (provisionally) not less than twice the number to be appointed after the
closing date.
5. Circulate the list of short-listed candidates to all serving and retired judicial officers, NBA,
members of JSC for comment on suitability of the candidates.
6. Sending of NJC FORM A to shortlisted candidates to fill and return with specified
attachments.
7. Tabling of a memorandum on each shortlisted candidate for consideration, by the JSC, with
attached documents. E.g., documents are: comments, petition, certificate of fitness, security
report etc.
8. Chairman of the JS Commission/Committee shall advise or recommend the shortlisted
candidates to NJC.
9. Recommendations of candidates to NJC via memorandum accompanied by minutes of
meeting of the Judicial service commission/committee, all documents considered, copy of
establishing legislation of the court, proof of adequate capital vote, a chart of the particulars
of shortlisted candidates, and proof of availability of facilities.
10. Placing of the memorandum on the agenda for the deliberation at the next NJC meeting.
11. Conduct of interview for the shortlisted candidates
12. Recommendation, by the NJC, of successful candidates for appointment to the Governor or
President
13. Appointment of judicial officer by Governor/President and ratification by State House of
Assembly/Senate where required.

Discipline of Judicial Officer

NJC is the body responsible.

See: Paragraph 21(a)(ii) & (b)&(d), 3rd schedule; s. 158(1) of 1999 of CFRN 1999 (as amended);

Grounds for removal and disciplining of Judicial Officer

SEE: S. 292(1)(a)(ii) & (b) CFRN 1999; FRN v. Nganjiwa

1. Misconduct: the misconduct must be capable to erode public confidence in the judicial officer
to warrant his removal. See: AG Cross Rivers v. Esin (1991).
2. Breach of code of conduct. The code of conduct was made by NJC and came into effect in
2016.
3. Inability to discharge his functions due to infirmity of mind or body.

Disciplinary Actions
 1. Recommendation for dismissal or removal from office
2. Prohibiting the nomination of the subject judge for the appointment to a higher judicial
officer for a specified period or permanently.

Other actions that can be meted on Judicial Officers instead of Removal

They are listed in Rule 16(2)(d) of judicial discipline regulation, 2014; Rule 24 & 28 Judicial Discipline
Regulation, 2017 as follows;

a. Censure or reprimand
b. Suspension
c. Compulsory retirement
d. Placing the subject judicial officer on a watch list.

Procedure for Disciplining and Removal of Judicial Officer

Judicial officer is not to be removed from office before retirement except as permitted by the
Constitution. S. 292(1); paragraph 21(b) & (d), 3rd schedule, 1999 CFRN (as amended); Elelu-Habeeb v.
NJC; Honourable Justice Nasir Ajana v. Kogi State House of Assembly & Ors.

The procedures however are:

1. Complaints in writing addressed to the CJN/Chairman NJC and filed at the office of the
Secretary of NJC, or office of the CJN or the head of court of the subject judge.
a. Accompanied by a verifying affidavit.
2. The complaint is either assessed by the CJN or referred to the Preliminary complaint
Assessment Committee.
3. The complaint is referred to investigation committee and the judicial officer concerned is:
a. Notified of the allegation in writing, and
b. Afforded reasonable time to react to the allegation
4. If the allegation is proved, NJC would take the appropriate disciplinary action.
5. If NJC recommends removal, Governor/President would remove the judicial officer from
office.
6. If the judicial officer is head of any court two third majority vote of House of Assembly or
senate would be required to remove the judicial officer
Week 8

DUTIES OF LAWYERS (to the Colleagues, Profession, State & Court)

&

CONTEMPT OF COURT

Colleagues/Fellow Advocates

● It must be treated with utmost courtesy and respect. Rule 26(1) of RPC.
● The mode of address of colleagues to one another is “Leard Friend”.

NB: Coming to court for a matter as a counsel, it is not your matter and it is your client’s matter. So, a
counsel should treat his fellow colleague with almost respect and courtesy.

● A lawyer could be liable for contempt where he threatens a fellow colleague on the account
of his client. See: Re Johnson
● A lawyer must be detached from the cases that he handled. Per Tobi in Nitoe Iso v. Eno

Duty to keep Promises (s. 27(2) of the RPC

● Lawyer mut always act in good faith when dealing with colleagues
● Must stand by undertakings given whether reduced in writing or not.
● Must avoid sharp practice:
o Keep away from acts or conducts calculate to gain undue advantage against an
opposing client. Rule 27(2) of RPC 2023
Examples of Sharp Practice:
i. Deliberately filing frivolous and irregular applications
ii. Seeking leave of court ot strike out a matter in spit of the previous knowledge of
opponent’s absence.
iii. In general, where counsel plays to the gallery in order to secure cost. See: Kwaptoe v.
Tsenyil where counsel waited till one day to expiration before filing a notice of appeal.
● Must not covet clients:
o Counsel must not take over the employment of fellow colleagues at the Bar. Rule
27(4) of RPC 2023
o A counsel must not communicate with the client of colleague in reference to a
particular matter, except with the prior notice of the latter. Rule 27(4) of RPC 2o23
o However, counsel can proffer advice to persons who are displeased with the services
of their counsel upon his communication with such other lawyer. Rule 27(4) & (5) of
the RPC, 2023
o Where a lawyer decides to have communication with the client of a colleague, such
communication must be done before that colleague. Rule 27(5) of the RPC
 o A lawyer may however interview the witness of the opposing party without the
consent of the lawyer in favour of whom he is called. Rule 25(1) of RPC
o A lawyer must not mislead or give advice to a person not represented by a lawyer.
Rule 27(5)(b) of RPC, 2023
o Where a counsel is receiving instructions from a client who was prior to the time
represented by counsel A, where client is no longer interested in the services of the
latter, he must ensure that counsel A is paid all fees due to him. Rule 27(4) & (5) of
the RPC 2023

Duty of Counsel to Opponents

● Counsel to opponents:
o Must respect opposing counsel and must not bring a case or defence merely
▪ to harass or to injure or to oppressing or to work hardship on the opposing
counsel.
▪ Actions brought by counsel must be justifiable
o Use of abusive words or statements against opponents must be avoided in or out of
court
o Counsel must not be used as a tool to assuage the emotions of a disgruntled client.

Equality at the Bar

Equality at the bar:

● Itemize the precedence in court:

o The Attorney General of the Federal Republic of Nigeria
o The Attorney General of States in their respective states.
o Life members of the Body of Benchers
o Senior Advocates of Nigeria based on their conferment, then enrollment or seniority
o Lawyers entitled to practice by virtue of their offices
o Lawyers enrolled
o Lawyers entitled to practice by virtue of warrant
● Equality at the bar is subject to the above.

Duty of Counsel to Court

Generally, lawyers are described as the minister in the temple of justice.

Ways of showing that he is a minister in the temple of justice.

1. Punctuality:
a. Court sits by 9:00 am but a counsel should be in court at least 30 minutes before the
court sits.
b. He should make sure that his client, where he ought to appear, is in court on time so
that the court won’t be waiting for the client or witnesses
2. Mode of dressing to court:
a. Men
i. The colour of the dress in court is White and Black.
ii. Wingel Collar Shirt
iii. Black suits, while collarless shirts, black trousers/if not a collarless shirt, a
winged collared shirt and no ties allowed
iv. The shoe should be formal black shoes
v. Stripped barrister trousers
vi. Black socks
vii. Barrister jacket
b. Ladies
i. Black dress
3. It is important to:
a. Know your court
i. E.g., parking, robing courtroom temperature
b. Know your judge
i. Peculiarities of the judge
ii. Punctuality of the judge, sitting and rising habits, etc.
c. Know where to sit in court: the Bar
d. Mode of addressing the court and fellow colleagues.
i. High Court: My Lord
ii. Court of Appeal: My Lords, Your Lordship
iii. Supreme Court of Nigeria: My Lords & Your Lordship
iv. Colleague-Colleague: My Learned Friend
v. Amicus Curea
vi. Lagos Magistrate: Your Honour
vii. Magistrate courts: Your Worship
viii. As the Cour pleases
ix. I take the hint of the Court
x. We are grateful on the well-considered judgement/ruling
4. Characters of dignity and honour to court:
a. Examples:
i. Eating/drinking before the court
ii. Reading extraneous material
iii. Sitting with leg crossed before the court
iv. Placing hands in pocket or waist
v. Speaking rudely to the judge
5. Others include:
a. Failure to keep promises or undertaken made to the courts. Rule 31(3)
b. Discuss pending case with the judge in the absence of opposing counsel
c. Send communication to the judge without the knowledge of the opposing counsel.
R. 31(4&5)
Also, note that these rules apply
6. Things you should not do court:
 a. Citing false or irrelevant authority
7. Trial publicity:
a. Lawyer must not make extra-judicial comments via communication media whether in
criminal or civil cases. Rule 33 of RPC
8. Relationship with judges
a. Lawyer must not present themselves as seeking the judge an unusual gain or favour.
See: Rule 34 of RPC 2023
9. Decorum in court:
a. How do I behave in court
b. How should I look while in court
c. Note the mode of dressing in superior courts as distinct from inferior court
d. Note also the mode of addressing the courts in the various venues

Query:

What is the difference between the conduct of a case by a lawyer representing his client and one
who is conducting his case by himself?

a. He cannot be stand in the Bar but in the gallery because his appearance is in abeyance.

Give a prescription as to the appearance of a lawyer conduct his case. Rule 36 of the RPC 20203

a. Not to be robbed

Is or are there any exceptions to your answer? In the case of Cf Agu v. Ezenwa (2020):

a. He can stay at the bar to conduct his case but he should enter the witness box when it is time
to give evidence.

Duty to the State

● Lawyers as offices of the court must do everything to ensure respect and dignity is
maintained within the profession.
● As such a lawyer must disclose acts of clients where such would constitute crime
● Even in cases of privileged communication, a lawyer has powers to divulge such
communication where it may lead to a crime.
● Note that counsel shall not be liable where he goes on to commit a crime even after being
advised by a court.
● A lawyer who advises a client to carr out criminal offence is as guilty as such client.

Duty to the Profession

● Prevent the admission of unqualified legal practitioner. Rule 2

o Prevent the admission of unsuitable persons to the Bar, e.g., insufficient qualified
persons or persons of questionable characher
o All lawyers are encouraged to work towards the protection of the legal profession.
They msut upholdthe honour and dignity of the profession
● Prevention of the use of intermediaries in the profession: rule 4
 oLawyers must avoid the sue of non-lawyer or agents intervening in the relationship
between his lawyer and client, except charitable organization.
● Prevent the unauthorized practice of law
o By not assisting non-lawyers to practice law. rule 3(1)(a)
o Or persons who have had their names struck of the roll or suspended from practice.
o In the same vein, a lawyer is prevented from sharing the proceeds from his practice
with non-lawyers. Rule 3(1)(c)
o A lawyer shall also not sign legal documents which he did not prepare though his
name is on it. Rule 3(2)
● Association for legal Practice
o A lawyer shall not associate with a non-lawyer in carrying out legal practice as a
partnership. Rule 5(1)
o Note cases where a partner dies. Rule 5(2) of the RPC
o He must not couch his name in such a manner to make others believe he is in a
partnership when is not. Rule 5(4)
● Holding brief:
o Is a lawyer allowed to hold brief for another lawyer? Yes according to Rule 27(3) of
RPC.

Dudy of lawyers:

● Employment in criminal cases

● Defence counsel shall:
o Be present in court throughout the case and on the fixed dates. R 14(4) of rpc
o Must be seen to ensure substantial justice of his client’s matter
o Cannot stand bail for his client
o Note the grounds that the counsel may stop representing his client.
▪ A ground of confession of guilt shall not operate as a ground for withdrawal.
● The defence counsel has a duty to discredit the evidence of the
prosecution thorugh…..
o Prosecuting counsel:
▪ Is not bound to secure a conviction at all cost

▪ His business is to ensure justice is done

▪ He shall not suppress facts that would establish the innocence of the
accused. Where he has such facts, he msut disclose them.
o A lawyer is prevented from bringin befor ethe court charges which evidence he does
not have or cannot establish before courts. S. 37(5)

Contempt of Court by Lawyers

Synonyms: distain, disrespect, scorn, condescension, disregard, disrepute, insolence, afront.

Definition:
 ● Contempt of court is where a person who is a party to a proceeding in a superior court of
record fails to comply with an order made against him or an undertaken given by him or
● Where a person whether a party to a proceeding or not does any act which may tend to
hinder the course of justice or show disrespect to the court’s authority.
● The willful disregard or disrespect for the authority of the court
● An action or inaction amounting to an interference with or obstruction to or having a
tendency to interfere with or obstruct due administration of justice. Awobokun v. Adeyemi
(1968)
● Some have posited that the definition may be inexhaustive and have laid down certain
factors as key ingredients making the conduct easier to identify.:
o Failure by a party to comply with order of court
o Hindrance of the course of justice
o Disrespect to the authority of the court
o Insulting the person of the judge
o Oral or written comments scandalizing or insulting the court
o Newspaper publication containing personal abuse of the court
o Acts of violence before the courts
o Talking in a boisterous manner to the court
o Interfering with court proceeding
o Interfering with or intimidating witnesses
o Commenting on pending proceeding (sub judice)
o Threats to judicial officers that is bound to affect their duties.,
Note however that it is not every act of discourtesy that would amount to contempt
nor every act of breach by counsel to his client that would amount to contempt.
Uzoura v. Queen
● Purpose:
o A weapon in the hands of the judicial office to:
▪ To protect the dignity of the court

▪ To prevent undue interference with the administration of justice. Parashuram

detara Shamdasani v. King emperor (1945)
o Not to bolster up the power of the judge as an individual

Types or Classification of Contempt

1. Civil contempt: they are acts that constitute willful disobedience to court orders.
2. Criminal contempt: this consists of words or acts which obstruct or tend to obstruct or
interfere with the administration fo justice.

Civil Contempt:

a. Acts that constitute willful disobedience to court orders for example:

a. Disobedience to court judgments, orders or rulings.
i. Aiding and abetting the above
ii. Failure to carry out promises made to courts
 It is referred to as private injury.

Nature of Contempt

a. Civil contempt is always ex facie curiea

b. Criminal contempt may either be ex facie curiea or in facie curea

Contempt Infacie Curiae

Allegations of bias made against the judge

Chewing gum befor ehte court

● Ex facie curiae
o Acts of contempt committed outside the fact of the court. Examples:
o Words spoken or otherwise published
o Acts done outside the court intended or likely toto interfere with or obstruct he fair
administration of justice.

Proof of Contempt:

Whether civil or criminal, both types of contempt are proved beyond reasonable doubt. In the case
Ifekwu v. Mgbako (1990) it was held that:

A contempt of court is an offence of a criminal character. A man may

be sent to prison for it. The offence therefore must be sufficiently
proved that is beyond reasonable doubt.

A civil contempt arising from the breach of an order of injunction must be proved beyond reasonable
doubt.

Procedure:

a. Contempt in the face of the court:

● Such is tried summarily.
● Can be dealt with by the judicial officer in the presence of whom the
offence was committed. Boyo v. AG Mi- West State
● Evidence can thereafter be given form the witness box
● The accused is put in the witness box and to show cause while he
should not be convicted.
b. Contempt outside the face of the court
● Two options:
o Offence to be dealt with summarily:
▪ Hearing must however be conducted in accordance
with the cardinal principle of fair hearing
 ▪ In addition, the facts surrounding the said contempt
must be so obvious such that it is almost
incontestable.
o The normal procedure be adopted, i.e., arrest, charge,
prosecution/trial must be followed.
o This is the more popular option.

Ntoe that it is however advisable that when a contempt took place ex facie curiae, a judge who has
been personally attacked should by all means desist from hearing the case.

Jurisdiction

The power to punish is inherent in all superior courts

of record. It follows therefore that the high court generally has the inherent jurisdiction to punish.

The magistrate courts have however been held to be courts of record and also have the powers to
punish summarily for contempt in the face of the court

Punishment

1. An offender may purge himself of his contempt by apologizing to the ocurt especially where
his conduct of contempt was not deliberate. The court may pardon such a person
2. Criminal contempt is punished for 3 to 6 moths.
3.

How to announce appearance

May it please this Honourable Court

I am Ridwan Sarumi (Mrs. for ladies)

I represent the claimant.

WEEK 8:

CLIENT INTERVIEWING & COUNSELLING

What is client interviewing?

● The process through which the interviewer (counsel) elicits information from the respondent
(client) through verbal or written communication.
● Wherethe interview is to take place, remember that it should be in the lawyer’s office and not
the client’s place or place of business. See: Rule 22 of RPC
● Note also rule 24 and its exception at this stage of legal work. The rule is about accepting
brief on which he professes to practice and its exception.
● Shall usually mark the commencement of a lawyer-client relationship
● Important for the lawyer to create a good first impression.

Proposes of Client

1. To establish a client/counsel relationship

2. Ascertain the legal needs of a client
3. To establish the goals of the client
4. To clam the client down and allay his anxieties. NB: it is not the duty of the lawyer to give
assurances to the client.
5. For a lawyer to have a clear perspective of the facts
6. To assist the lawyer in the legal analysis of the fact of the problem
7. To enable the lawyer proffer relevant legal advice to the client
8. To assist the lawyer in deciding the most favorable approach to adopt in resolving the
matter, whether ADR or litigation.

Essentials:

1. It should go on in Law Office, Rule 22 of RPC

2. The lawyer should have communication skills (Verbal, Vocal and Visual)
3. Confidentiality, Rule 19 of RPC
4. The lawyer should have good first impression through his appearance
5. Demeanor/attitude (free of distractions)
 6. Note taking (this relates to duty to take full instruction)

Interview Plan

It is advisable to always have interview plan before the client comes. Interview plan is the map out of
how the lawyer will interview the client.

Advantages of Interview Plan:

1. It helps lawyer to organize his thought.

2. To enable him give maximum attention to the client.
3. It helps lawyer to follow the logical pattern
4. It ensures that all vital areas are covered during the interview
5. It shows the lawyer is organized and competent

Disadvantages of Interview Plan:

1. It may interfere the flow of communication

2. It may restrict the client from divulging the information

Stages of Client Interviewing

1. Preparing
2. Starting/beginning
3. Telling the story
4. Gathering information for analysis (via questioning)
5. Conclusion

Preparing for interview:

● Booking appointments where possible.

Beginning the interview

● Welcoming by the receptionist

● Meeting and greeting stage:
o I hope you didn’t find it difficult to locate our firm?
o I hope you are okay?
o Introductions:
●
● Introduce yourself and other co-counsel attending the client interview. Refreshment should
be served
● Ease the client in the business of the day
● Confidentiality assurances:
o Be rest assured that anything you say here, remains here.
● Other ethical consideration such as existence of previous lawyer
● Conferring interview plan with client

Telling the story:

● The client should tell the story. The lawyer too should also be involved through body
communication. In other words, the lawyer should engage in active listening and passive
listening.
● Client is allowed to relate facts to the lawyer
● Lawyer could demonstrate passive listening by allowing the client to tell his story without
interruptions or active listening by verbal or non-verbal reactions. Examples of active
non-verbal listening are: nodding and eye-contact.
● Lawyer goes back to reconfirm the major details of accounts as narrated by the client. Here
the lawyer may ask questions using:
o Open-ended questions which allow the client to clear doubt by narrating the story
▪ Why did you …?

▪ What is…?

▪ How did you …?

Advantages of Open-ended Questions:

● Encourages the client to open up

● Allows client to discuss issue of importance
● Allows the client a better recall of facts
● Places client at ease. Easier to discuss sensitive and difficult issues
● Interviewer is able to observe and assess the client, e.g., credibility
● Interviewer can ascertain most important goal of client

Disadvantages of Open-ended Questions:

● May not allow the client to address the major issue in time and leave it till
the end
● May encourage rambling by client
● Interviewer may not get sufficient facts/details.
o Close-ended questions which are questions that elicit specific responses.
▪ Did you …?

▪ Did you not …?

▪ YES/NO

Advantages of Closed-ended Questions

● Specific details are given

● An interviewer forces a reluctant client to elicit important information
● A better recall of specific events linked to the problem

Disadvantages of Closed-ended Questions

● May end up as a client interrogation as opposed to a question session

 ● Failure to ask relevant questions may lead to loss of valuable information
and invariably giving wrong advice.

Analysis (for questioning)

● Lawyer ties facts given to position of the law

● Lawyer comes up with possible legal remedies
● Let client in on possible options available and both brainstorm

Conclusion

● Decision made by client translates to instructions to lawyer

● Lawyer advices but ultimate decision lies iwht client.
● Goes over tasks assigned to each of the parties
● Identify other matters to be dealt with
● Fix follow up meetings
● Close the interview

NB: Payment of professional fees may come before

Common Stages and Models of Client Interviewing

1. Clay and Smith’s model

2. Mike Wolfe’s model
3. Brayne and Grimes Model
4. Avrom sherr’s Model

Avrom Sherr:

1. Listening
2. Questioning
3. Advising or Counselling

Skills of a Counsel during Interviewing

1. Listening
2. Questioning
3. Analytical mind (mathematical minding)
4. Communication (verbal and non-verbal)
5. Drafting skills
6. Counselling skills

Ethical Considerations during Client Interviewing

1. Taking full instruction

2. Acts within the bound of the law
3. Conflict of interest
4. Confidentiality
5. Duty to act competently
6. Devotion and dedication to the course of the client
 7. Duty to accept brief.

WEEK 10

ADVERTISEMENT AND IMPROPER ATTRACTION OF BUSINESS

What is advertisement:

It is a deliberate act of taking steps to promote, market or publicize one’s goods or services through
media such as television, radio, newspaper, internet, or other channels of communication for the
purpose of attracting clients.

Is it allowed?

Rule 39(1) of the Rules of Professional Conduct, 2023

A lawyer may engage in any advertising or promotion in connection with his practice of law. The
conditions for advertisement and promotion are:

a. It must be fair and proper in all circumstances

b. It complies with the provisions of these rules.

So, it is allowed only to the extent that such is fair and proper in all the circumstances and must not
be contrary to the provision of Rule 39(1) of the RPC, 2023

Impermissible advertisements

By the provision of Rule 39(2) of RPC 2023, a lawyer is not to engage or be involved in any advertising
or promotion of his practice of the law which:

a. Is inaccurate or likely to mislead;

b. Is likely to diminish public confidence in the legal profession, or the administration of justice,
or otherwise bring the legal profession into disrepute;
c. Makes comparison with or criticizes other lawyers or other professions or professionals;
 d. Includes statement about the quality of the lawyer’s work, the size or success of his practices
or his success rate; or
e. Is so frequent or obstructive as to cause annoyance to those to whom it is directed.

In the same manner, Rule 46(2) of the RPC 2023 provides that:

A lawyer shall not:

a. Insert in any newspaper, periodical or any other publication, an advertisement offering as a

lawyer, to undertake confidential enquiries
b. Write for publication or otherwise cause or permit to be published except in a legal
periodical, any particulars of his appeal has not expired on any matter in which he has been
engaged as a lawyer; and
c. Take steps to procure the publication of his photograph as a lawyer to the press or any
periodical.

What is soliciting?

It can be defined as lobbying, begging, beseeching or prevailing on another to grant the handling of
a brief to a lawyer. A situation where a lawyer has canvassed for a particular job. In other words, if
not for the begging, the lawyers in question may not have been granted the handling of the brief.
The provision of Rule 22 of the RPC is here too.

Is it lawful?

Soliciting is entirely prohibited and impermissible without any exception. By the provision of Rule
39(3) of the RPC 2023, soliciting is prohibited. The rules provide what are termed as soliciting and
must not be done directly or indirectly. See: R 39(3) of the RPC 2023. In other words, a lawyer shall
not solicit professional employment either directly or indirectly by:

a. Circulars, handbills, advertisement through touts or by personal communication or interview;

b. Furnishing, permitting or inspiring newspaper, radio or television comments in relation to his
practice of the law;
c. Procuring his photograph to be published in connection with matters in which he has been or is
engaged or concerning the manner of their conduct, the magnitude of the interest or the
importance of the lawyer’s position
d. Permitting or inspiring sound recording in relation to his practice of law; or
e. Such similar self-aggrandizement.

Other relevant provisions prohibiting soliciting are:

a. A lawyer shall not accept employment from the publication of articles and participation in
television or radio programmes where he gives information on law. Rule 46(1) of the RPC
2023
b. A lawyer shall not insert in any newspaper, periodical or any other publication, an
advertisement offering as a lawyer, to undertake confidential enquiries Rule 46(2)(a) of RPC
2023;
 c. A lawyer shall not write for publication or otherwise cause or permit to be published except
in a legal periodical, any particulars of his practice or earnings in the courts or cases where
the time for appeal has not expired on any matter in which he has been engaged as a lawyer;
Rule 46(3) of RPC 2023 and
d. A lawyer shall not take steps to procure the publication of his photograph as a lawyer to the
press or any periodical; Ruel 46(4) of the RPC 2023.

What then can a lawyer do without inhibition in showcasing himself?

1. Publishing of brief biographical or informative data of himself in a reputable law list or law
director

By Rule 39(4) of the RPC 2023;

Nothing in this rule shall preclude a lawyer from publishing in a reputable Law list or Law Directory, a
brief biographical or informative data of himself, including all or any of the following matters:

a. His name or names of his professional association

b. His address, telephone number, telex number, email addresses etc.;
c. The schools, colleges or other institutions attended with dates if graduation, degrees and
other educational or academic qualifications or distinctions;
d. Date and place of birth and admission to practice law.
e. Any public or quasi-public office, post of honour, legal authority etc.;
f. Any legal teaching position;
g. Any National Honour;
h. Membership and office in the Bar Association and Duties; and
i. Any position held in legal scientific societies.

2. Note-papers, envelopes and visiting cards:

Rule 40 of the RPC 2023 which provides that: a lawyer may cause to be printed on his note-papers,
envelopes and visiting cards:

a. His name and address

b. His academic and professional qualification and title including the words “Barrister-at-Law”,
“Barrister and Solicitor”, “Solicitor and Advocate”, “Legal Practitioner”, Attorney-at-Law”,
and
c. Any national Honors

3. Sign and Notice

Also, by Rule 41 of the RPC 2023, A lawyer or a firm may display at the entrance of, or outside any
building or offices in which he or it carries on practice, a sign or notice containing his or its name and
professional qualifications, provided that the sign or notice shall be reasonable size and sober design.
The following things must be noted:
 a. The sign or notice may be for a lawyer or a firm:
b. The sign or notice may be displayed at the entrance of, or outside of any building or offices
where he or it carries on practice
c. The sign or notice is to contain his or its name and professional qualification
d. The sign or notice must be of reasonable size and sober design.

4. Books and Articles

A lawyer may add his professional qualification after his name where he writes a law book or law
article for publication.

5. Change of Address

Where a lawyer changes his address, telephone number or other circumstances relating to his
practice, the lawyer may send to his clients, notice of change and may insert an advertisement of
such change in a newspaper or journal.

6. Associate and Consultant

where a lawyer is available to act as an associate of other lawyers either generally or in a particular
branch of the law or legal service, he may send to lawyers in his locality only and publish in his local
journal, if any, a brief and dignified announcement of his availability to serve other lawyers in that
connection as long as the announcement is not designed to attract business improperly. See also
Rule 16 of RPC on the competence of lawyers

7. Press, radio and television

● A lawyer may write articles for publications, or participate in radio or television
programmes in which he gives information. Rule 46(1) of the RPC, 2023.
● Where a lawyer is instructed by a client to publish an advertisement or notice, the lawyer
may put his name, address and his academic professional qualification

Instigating Controversy or Litigation

According to Rule 47 of RPC 2023:

1. A lawyer shall not foment strife or instigate litigation and except in the case of close relations
or of trust, he shall not, without being consulted, proffer advice to bring a law suit.
2. A lawyer shall not:
a. Seek the land registry or other registries for defects with a view to employment or
litigation;
b. Seek out claimants in respect of personal injuries or any other cause of action with a
view to being employed by the prospective client;
c. Engage, aid or encourage an agent or any other person to follow up on accidents
with a view to employment as a lawyer in respect of any claims arising therefrom; or
d. Offer to agree to offer rewards to any person who by reason of his won employment
is likely to be able to influence legal work in favour of the lawyer.

What is Champerty?
It is a bargain made by a stranger with one of the parties to a suit, by which such third person
undertakes to carry on the litigation at his own cost and risk, in consideration of receiving, if he wins
the suit, a part of the land or other subject sought to be recovered by the action. Usually, it involves
instigating, forcing and bamboozling the client to take up action for which you would sponsor as a
legal practitioner after which you share the proceed with the client after winning the case. Rule 47 of
RPC 2023 is relevant here.

What is Contingent Fee Arrangement

By the Rule 50 of the RPC 2023.

CORRUPTION ISSUES IN LEGAL PROFESSION

Corruption has several definitions. It involves dishonest or illegal behaviour especially by persons or
influence such as government officials or police officers. The legal profession is a noble one. Thus,
legal practitioners should not aid and abet corruption. Corruption in legal profession could be official
or unofficial.

Instances/areas of corruption in legal profession:

1. demand for mobilization or facilitation fees by court bailiffs

2. cases of bribery by judicial officers, magistrates and others.
3. External pressures on judges, by relatives, politicians, lawyers, and other member of the
public

Money Laundering

Legal practitioners should not use their fiduciary relationship with clients in the wrong direction.
Thus, they should not be involved in money laundering for their clients. The responsibility of a legal
practitioner under the Money Laundering (Prevention and Prohibition) Act, 2022 s

hall be considered. NB: this 2022 Act repealed the Money Laundering (Prohibition) Act, 2011

Changes relevant to legal practitioners under 2011 Act

1. Under the 2011 Act, there was financial institution and designated non-financial institution;
2. Both financial institutions and designated non-financial institutions were under the
supervision of the Economic and Financial Crimes Commission
3. Legal practitioners and notaries public were not listed as designated non-financial institution
4. Special Control Unit against Money Laundering (SCUML) was established by Executive Order,
as a department in the EFCC.

The Court of Appeal Case of CBN v. Registered Trustees of the NBA

The court held in the case that section 5 of the Money Laundering (Prohibition) Act, 2011 cannot be
said to be intended for legal practitioners who have no business reporting the client/lawyer
relationship to a Minister in charge of Federal Ministry of Commerce, Trade and Investments.

Laws that protect Client Information

 ● S. 37 of the 1999 Constitution of the Federal Republic of Nigeria, 1999
● Ss. 192 & 193 of the Evidence Act, 2011 (as amended)
● Rule 19(1) & 2 of the RPC, 2023
● Note also: section 10 & 11 of the Legal Practitioners Act establishes the LPDC and punishment
for unprofessional conduct by Lawyers. See: ss. 20 & 21 of the Legal Practitioners Act
protects clients’ money in the Banks and ensure client’s money is accounted for.
● Although, a legal practitioner is enjoined to the RPC too keep client’s confidence, the legal
practitioners shall not be absolved from liability where such secret is in furtherance of an
illegal purpose or such secret relates to a fraud that has been committed by the client.

Money Laundering (Prevention and Prohibition) Act 2022

● By the provision of section 6 of the MLPA 2022 makes it compulsory for lawyers to register
with SCUML and report client’s information and transaction to it. Non-compliance can lead to
penalty, suspension, revocation or withdrawal of license.
● Legal practitioners must submit a declaration of their activities (register) with SCUML before
commencing business. See: s. 6(1)(a)(i)
● For legal practitioners already in business, they must submit a declaration of its activities
(register) with SCUML, within 3 months from the date of the commencement of the Act. See;
s. 6(1)(a)(iii)
● SCUML was established in 2005 by Executive Order, but MLPA 2022 has now given it
Legislative backing. See: s. 17 MLPA
● SCUML is responsible for supervision of designated non-financial institutions under MLA, 2011
EFCC now supervises FI’s
● See also: section 30 lists Legal Practitioners and Notaries and DNBP.

Responsibilities of a Legal Practitioner under the 2022, Act

● Prior to any transaction exceeding $1000 or its equivalent, identify the client, get the details
of the client and the details of the transaction and forward to SCUML. S. 6(1)(b-c)
● A register shall be kept and be preserved for five years after the last transaction. S. 6(2)
● A legal practitioner who fails to comply within 7 days from the date of the transaction
commits an offence and is liable on conviction to N250,000 fine for each day during which the
offence continues, and suspension, revocation or withdrawal of license by the appropriate
licensing authority. S. 6(3)(a & b)
● Legal practitioner should report immediately to the SCUML any suspicious transaction of his
client. Section 7(1)(a-c) off the Act, 2022
● Take steps to prevent the laundering of the proceeds of the crime or illegal transaction. S.
7(2)(b)
● See generally; s. 6-10 of the Act, 2022

Query

● Does the requirement for disclosure under the Money Laundering (P & P) Act, 2022 fall under
any of the exceptions in the Evidence Act and the RPC? THE Answer is YES under section 192
of the Evidence Act, 2011.
 ● Does the provision for disclosure under the Money Laundering (P & P) Act, 2022 conflict with
the Evidence Act and RPC? The answer is YES under Rule 17(2)(b) of the RPC 2023
● Does the Money Laundering (Prevention and Prohibition) Act, 2022 demand/require that a
legal practitioner should report payment of his professional fee to SCUML? NO

WEEK 11

DISCIPLINE OF LEGAL PRACTITIONERS

(Why must discipline be instilled)

Discipline:

Classification/grouping professional offences as contained in section 12 of the Legal Practitioners Act,

2004:

1. Infamous conduct in a professional respect; s. 12(1)(a) of LPA

2. Conviction by any court in Nigeria having award imprisonment for an offence which is
incompatible with the status of a legal practitioners; S. 12(1)(b) of LPA
3. Obtain enrolment by fraud; s. 12(1)(c) of LPA
4. Conducts incompatible with the status of legal practitioners. S. 12(2) of LPA

⮚ Infamous Conduct in a professional respect:

“If it is show than that... in the pursuit of his profession, has done
something with regard to it which would be reasonably regarded as
disgraceful… then it is open… to say that he has been guilty of
infamous conduct in a professional respect.
See:

● Allinson v. General Council of Medical Education and Registration (1894);

● NBA v. Alabi (2006)
● Okike v. LPDC
● Ndukwe v. LPDC

NB: Action must be done in a professional respect. See: R Idowu (1971) NBA v. Edu (2006)

How do we know which offences that will amount to infamous conduct and those that will not? Is
there any yardstick? Does the RPC determine this? See: Rule 55(1)

Generally, Rule 74 of the RPC 2023 provides generally that any contravention of the rules in Chapter 1
of the RPC amounts to Professional Misconduct. However, it is not all professional misconducts that
amount to infamous conduct.

● The tribunal would stay action until the person has been tried and convicted in a duly
constituted court of the offence.
● Reason is to avoid conflict of decisions between the court and the tribunal and also to prove
the case beyond reasonable doubt.
● See: MDPDT v. Okonkwo (2001); Denloye v. MDPDC (1968)
● THE PERSON CHARGED MUST HOWEVER
● Where the wording sof the charge do not exhibit a criminal element:
o Committee can go ahead to try the misconduct as charged without waiting for the
outcome of the court. see: Ndukwe’s case which was on failure to handover proceed
of judgement debt and stealing. See also: MDPDT v. Okwonkwo (2001)

Obtaining Enrolment by Fraud

It where there is a fraudulent act or a misrepresentation of material facts as to the status of a person
to an authority to secure his enrolment in the Supreme Court. It is important to note that the nature
of the offence is criminal. Examples are:

a. Forgery of certificates
b. Misrepresentation of personal data

Would it make difference if the representation arose from a mistaken belief?

Conduct not amounting to infamous conduct, but which is incompatible with the status of a legal
practitioner?

It is defined as offences done outside the pursuit of the profession. One which tarnishes or is capable
of tarnishing the image of the profession. This standard is borne out of the statutory need for a legal
practitioner to be of good character at all times.

Examples:
 ⮚ Habitual drunkard

⮚ Notorious fighter

⮚ Incessant shoplifter

⮚ Brothel patroniser

⮚ Notorious gambler

⮚ Bigamist

⮚ Coveting client’s spouse

Conviction by any court in Nigeria having award imprisonment for an offence which is incompatible
with the status of a legal practitioners; S. 12(1)(b) of LPA

The pre-conditions are:

See:

Does a conviction by the court for an offence call for automatic sanction by the committee?

What shall the committee consider? It is the gravity of the offence and its randomness.

Re Abuah

R v. King

Procedures:

⮚ Proceedings before the LPDC

o The chairman (LPDC) constitutes panels for the hearing of Applications against a
legal practitioner.
o Panel constitution is 3 members which includes of Chairman,
o Means of Communication
⮚ Possible Person(s) under the LPDC Rules to which the matter can be reported to:
o The Chief Justice of Nigeria
o The Attorney General fo the Federation
o The President/Presiding Justice of Court of Appeal
o The Chairman, Body of Benchers
o The President/Branch Chairman of the NBA; and
o The Legal Practitioner’s Disciplinary Committee: s. 4(a-e) of the LPDC Rules, 2020.
⮚ To where is the complaint forwarded? And what happens at this stage

⮚ Hearing-How done?
 o In person, or by counsel of choice while the Nigerian Bar Association shall appoint a
legal practitioner to present its case before the disciplinary committee.
⮚ Duty of the ICM
o Each application is initially considered by ammeber of the Committee referred to as
the “Initial Committee Members”

GUIDELINES AND RULES ON ANTI-MONEY LAUNDERING AND COMBATING THE FINANCING OF

TERRORISM FOR LEGAL PRACTITIONERS

Objectives and Application (Rule 55 of the RPC 2023)

● Promote adherence to the rule of law;

● Promote the duty of confidentiality and the client-lawyer privilege towards their clients, and
provided yardsticks for the overall ethics and best of practices of the profession to ensure
that legal services are not being misused by criminals or for legal practitioners to be
unwittingly involved in Money Laundering and Terrorism Financing;
● Internally self-regulate members of the legal profession and where applicable, recommend
legal practitioners who are in breach to appropriate disciplinary authorities in accordance
with the relevant provisions of the Legal Practitioners Act; and
 ● Adopt the risk-based approach for legal practitioners to be able to identify money
laundering, terrorism financing and proliferations financing situations and circumstances
before they occur and thus provide ethical and professional advice to clients when it
becomes necessary, while providing professional services as a legal practitioner.

Application of the Chapter (Rule 56 of the RPC 2023)

● It applies to all legal practitioners whose name appear on the roll and particularly described
in section 2 of the Legal Practitioners Act.

When reporting and compliance obligations shall arise:

Where a legal practitioner is instructed by a client in the following transactions to advise or assist in
the planning or execution;

● Acting as formation agent of legal persons;

● Acting as director or arranging for another person (proxy) to act as a director or secretary of
a company, a partner of a partnership or similar position in relation to other legal persons.
● Providing a registered office, business address or accommodation, correspondence or
administrative address for a company, a partnership or any other legal person of
arrangement.
● Acting or arranging for another person to act as trustees of an express trust or performing
the equivalent function for another form of legal person.
● Acting as or arranging for another person to act as nominee shareholders for another
person.
● Conducting sales or purchase of real estate for clients or providing advisory services to
clients in a real estate transaction. See: Rule 57(1) & (3) of the RPC 2023

Exceptions to Reporting and Compliance Obligations

● Legal Practitioner who only provides notary public services

● Legal practitioners who merely certifies the execution or authenticity of a Power of Attorney.
● Legal practitioners who merely certifies the execution or authenticity of other instruments
not primarily prepared by him to facilitate transactions buying and selling of real property or
business entities, managing of client money etc. see: Rule 57(4) of the RPC 2023

Record Keeping

● Legal practitioners shall keep the following records:

o Records of necessary information of his client that will aid his identification
o Records of transactions, for both domestic and international clients for a minimum
period of five years following the completion or termination of the transaction. Rule
58(1) & (3) of the RPC 2023
o Note that the record shall be up-to-date and reviewed regularly.
o The obligation to keep and preserve record shall subsist regardless of whether the
transaction or business relationship is on-going or terminated. Rule 58(2) & (4) of the
RPC 2023

Compliance with the Nigerian Bar Association Anti-Money Laundering Committee (NBAAMLC)
 o The NBAAMLC may solely undertake compliance examination nof law firms and forward the
report of such examination to Special Control Unit against Money Laundering (SCUML). Rule
59 of the RPC 2023

Power to Freez Funds, Assets and Economic Resources

o Where there is a positive match of persons and entities in UN designated list and the Nigerian
Sanction List, a legal practitioner shall immediately identify and freez without prior notice all
funds, assets and any other economic resources of such persons or entities and report to
NBAAMLC. See: Rule 60 (4) (b)

Nigerian Sanction List:

o A legal practitioner shall monitor and screen all persons and entities against the Nigerian
Sanction List as available on: www.nigsac.gov.ng See: Rule 60(3) of the RPC 2023

Clients whose Activities may indicate a Higher Risk

o Politically Exposed Persons (PEPs) and persons associated with or related to PEPs.
o Clients conducting their business relationship or requesting services in unusual or
unconventional circumstances
o Clients hiding or attempting to obscure the controlling interest or ownership of their
business.
o Client companies that operate considerable part of their business or major subsidiaries in
countries that may pose higher geographic risk.
o Clients that are cash or cash equivalent intensive businesses etc. See: Rule 64(3)(a-w)
o Businesses that while not normally cash intensive appear to have substantial amount of cash
o Businesses that rely heavily on new technologies
o Unincorporated charities and other “not for profit” organizations (NPOs) that are not
subject to monitoring or supervision, especially those operating on a “cross-border” basis.
o Clients using financial intermediaries and financial institutions
o Clients who appear to be acting on somebody else’s instructions without disclosing the
identity of such person.
o Clients who appear to avoid face-to-face meeting, etc. See: Rule 64(3) (a-w)

Monitoring of Clients and Specified Activities:

o Legal Practitioners should have a system in place to monitor their clients and their activities.
See: Rule 70 of the RPC 2023.

Reporting Obligations

o A legal practitioner or Law Firm shall have a system clearly setting out requirements for filing
Suspicious Transaction Reports (STRs) to the NBAAMLC for onward transmission to the NFIU
o To achieve this, the staff must be properly trained. See: Rule 71 of the RPC, 2023

Education, Training and Awareness

 o A legal practitioner shall make adequate resources available for training on anti-money
laundering and terrorism financing, preventive measures. See: Rule 72 of the RPC, 2023.

TRIAL ADVOCACY

o Advocacy: the pleading or canvassing a case in court, criminal or civil, with an aim to
persuading the court to decide in favour of the advocate’s client.
o Adequate preparation is required: interview of client’s and witnesses; study the claim/written
statements on oath of witnesses/real and documentary evidence (civil action); the
charge/proof of evidence/interview with accused/witnesses for the defence-(criminal
actions).
o Identify the theory of the case/prepare the trial plan, prepare an ideal closing speech/address
o A story in support of your case emerges, as shall be told by witnesses at the trial.
o Public

Virtual Hearing

o At the nascente stage in Nigeira

o Became prominent during the COVID-19 Pandemic, by virtue of court direction. See: NJC
COVID-19 Guidelines for Court Sitting and Related Matters; the Ogun State Practice Direction,
No. 2 of 2020; Lagos State Practice Direction for Remote Hearing 2020, the NIC Practice
Direction; Guidelines for sitting during COVID-19 Pandemic 2020; ECOWAS Practice Direction
on Electronic Case Management
o Hearing is through platforms like Skype, Google Meets and Zoom etc.

Problems of Virtual Hearing:

o Infrastructural deficiency, electrical supply, network issues,

o Public hearing requirement under s. 36 of the CFRN 1999; AG Lagos v. AG Federation not on
‘’[merit. Matter withdrawn. However, the court said as of today, virtual sitting is not
unconstitutional.
o Service by e-mail: can’t it be interfered with prima facie proof. Will there by the need for
order for substituted service?
o Admissibility issues
o Infrastructural inadequacies
o Network issues
o Electrical supply issues
o How will it be commenced.

Examination-in-Chief

Cross-Examination

Hostile Witness

National Institute for Trial Advocacy’s 10 Commandments of Cross Examination

 1. Be brief: the court remembers brief but result oriented cross examination
2. Short questions using plain words. Avoid legalese; e.g., use car not “motor vehicle”
3. Ask only leading questions: always leading questions-to control the witness-never a question
asking for explanation
4. Be prepared-know the argument you wan tto make-if you don’t know the answer, don’t
ask-except if you don’t care how the answer goes.
5. ;listen: listen to
6. Don’t get into a quarrel with the witness-no matter what he says-no matter how
outrageous-reserve comments till the summation
7. Avoid repetition-don’t allow the witness to repeat what he said in the examination in
chief-repetition reinforces belief in the testimony
8. disallow
9. limit your questioning- no one question too many-ask only to support the summation-the ear
or nose bitten off-witness backing the altercation-spitting out the ear.
10. Save the main point for summation.

See: Irvin Younger, 1975

Ethical Considerations

o Rule 1
o Rule 8
o Rule 14
o Rule 15
o Rule 15(3)(d)
o Rule 15(3)(g) & (h)
o Rule 15(5)
o Rule 16
o Rule 19
o Rule 19(4)
o Rule 25(4)
o Rule 30
o Rule 31
o Rule 32
o Rule 33
o Rule 34
o Rule 35
o Rule 36
o Rule 37
o Rule 37(3)
o Rule 47j
WEEK 14

LAW OFFICE

● What is law office?

o An office run/maintained by lawyers or a firm of lawyers for the practice of law.
o It is a business entity.
● Why do lawyers establish law office?
o Necessity
o Realization of an ambition
o Desire to be on their own and their boss
o Profitability
o Rule 22 of the Rules of Professional Conduct
● What are the qualities of lawyers who intend to establish law offices?
o Honesty and integrity
o Hard work and organization; and
o Determination and commitment
o Resilience
● For a lawyer to succeed he must have:
o Knowledge
o Skill
● Which type of capital does a lawyer need:
o A lawyer needs two types of capital:
 ▪ Start-up capital

▪ Working capital
● How does a lawyer source for capital?
o Personal fund
o Funds (gift) from family & friends
o Loans and overdraft
● Advisable for a lawyer to have business plan:
o Business plan means a document containing information about the proposed firm, its
goals and the financial projections.
o Content of business plan are:
▪ Name of the partitioner

▪ Name of the firm

▪ Business address

▪ Business start date

▪ Type of firm

▪ Goals of the firm

▪ Market competitors

▪ Capital requirement

▪ Borrowing requirement

▪ Security to be provided (i.e., financial security)

▪ Use of funds

▪ Employment of staff, and

▪ Management system

Classification of Law Office

● What are the classification of law office?

o Small
o Medium
o Large
● What are the criteria for such classification?
o Number of employed lawyers
o Location
o Status of the lawyers
o Client-base (status of clients)
 o Available facilities
● What are the organizational structures of Law Offices
o Sole practitionership
o Partnership

Sole Practitionership

● It is the unit of practice involving a practitioner practicing alone, but employing support staff
to assist him in the office.
● Smallest unit of organization of a law firm in Nigeria and the commonest.
● Advantages:
o Quick decision making
o Keeps all profits realized form the business
o Easy to set up
o Owner is more committed and cannot afford to fail
o Independence
● Disadvantages
o Bears the risk and loss alone;
o Considers briefs alone
o Works alone and no dependent
o Problem of attracting clients
o Holiday and relaxation, a luxury
o Lack of specialization
o The practice may die with the sole practitioner.

Sole Proprietorship

● This is a practice where a lawyer establishes a firm and employs other legal practitioners to
work in the firm
● Employer/employee relationship
● Advantages:
o Quick decision making
o Keeps all profits
o Less financial implication in setting up
o Cannot afford to fail
o Independent
o Division of Labour/Specialization
o Chance of succession by children or close relatives
o
● Disadvantages
o Bears the risk and loss alone
o Difficulty in attracting clients at the start
o Holiday and relaxation, a hurry

Associateship
 ● It is a unit of law practice where two or more lawyers contribute the capital to provide
facilities required to run a law firm. each lawyer’s practice is however independent.
● Advantages:
o Quick decision making
o Each keeps all the profits realized
o Less financial and administrative burden in setting up
o Higher commitment. Cannot afford to fail.
o Independence. No Boss.
o Brainstorming Opportunities
● Disadvantages
o Bears the risk and loss alone
o Problem of attracting clients
o Holiday and relaxation, a luxury
o The practice may die with the death of an associate
o Client poaching
o Divided loyalty
o Existence of jealousy or rivalry between/amongst associates

Partnership

● It is a unit of law office where two or more persons wishing to establish a law firm contrinute
capital to form a partnership and jointly run the firm.
● Partnership is rarely set up in Nigeria because of:
o Lack of trust/confidence,
o Fear
o Greed
o Generational gap
o Indiscipline
o Ego
o Inferiority & superiority complex
o Impatience
o Incompatibility
● Restrictions on the formation of partnership by legal practitioner:
o Refer to Rule 5(1-4) of RPC
o Between lawyers and non-lawyers
o Deceased partner
o Partner elevated to the Bench
o Lone-lawyer holding practice out as partnerhsip
● Advantages
o Accessibility to funding at start
o Division of labour/specialization
o Shared risk/stability of practice
o Brainstorming
o Easier securing of clients/professional outlook
o Holidays and relaxation
 ● Disadvantages
o Element fo dishonesty, greed and fear may affect level of commitment
o Delay in decision-making, wide consultation. Setting up takes time procedures
/bureaucracies.
o Liability of all partners by one’ action/inaction. See; United Bank of Kuwait v.
Hammond (1988)

Types of Premises to be used for Law Firm

1. Purpose-Built Office
2. Existing Building
3. Office in the Home

Law Office Staff

● Legal work is carried out in a law office by tis staff. There are two types of staff:
o Fee Earners: These are the practitioners in the law office who earn fees for the firm
o Support staff: these are people who assist lawyers in the office.
● The number and time depend on the firm and the available infrastructure.
● Method of employment and selecting staff:
o Advertisement
o Introduction by existing and former staff
o Recommendation by existing and former staff
o Inviting applicants from previous advertisement
o Recommendation by agencies and consultancies.
o Former externs or corps that served in the law office

Procedures for selection of staff:

● Selection can be made by:

o Test/interviews
o Qualifications as assumption of competence
● Letter (contract) of employment and its contents:
o Job title,
o Job description
o Date of employment
o Locations of staff
o Working hours
o Remuneration
o Gratuity
o Pension
o Annual leave
o Sickness and incapacity
o Termination of employment
o Restraint of trade
o Summary dismissal
Induction of new Staff:

●
o History of the firm
o Existing staff of the firm
o Administrative procedure
o Disciplinary procedure
o Grievance procedure

Law Office Machines

● Generator: Due to unreliable and inadequate supply of electricity, many law offices in Nigeria resort
to the use of generators. There are petrol-fuelled generators and diesel-fuelled generators. There
are also low capacity and high capacity generators. The type and size to be used depends on the
capability of each law office.
● Vehicles: Vehicles are also essential in a law office. This will facilitate the free movement of both fee
earners and supporting staff in their outside assignments.

Law Office Equipment

1. Photocopying machine
2. Telex Machine
3. Duplicating Machine
4. Facsimile Machine
5. Dictating Machine
6. Computer
7. Calculator/Adding machine
8. Devices using computers e.g. e-mail & internet
9. Telephone
10. Printer

LAW OFFICE SUPPLIES

● Letterhead/ letter headed paper
● Continuation Sheet
● Compliment Slips
● Business Card
● File Jackets
● Office Forms
● Legal Forms
● Other stationery e.g. ribbons, envelopes, staple pins, paper clips, cellotape etc.

Ensure law office has LAW OFFICE SECURITY AND INSURANCE and FITTINGS AND FURNITURE
Law Office Administration

● Mission and vision statement (firm’s goals)

Law Office Systems and Procedures

Law office systems and procedures are usually provided in a Law of

Contents:

Working hours, absence or lateness; attendance register; overtime work; confidentiality of work;
slary increment; salary advancement and loan; holidays; bonus provisions; annual leave; assignment
of staff

Running and management of law firms:

The following are considered important in the running and management of law firms:

● Time management
● Filing systems
● Law office records

Time Management in the Firm

● Categorizing work:
● Prioritizing work
● Use of reminder system: they are:
o Personal rewinder system: e.g., Laptop
o Firmwide reminder system:

Filing System:

● Documents are filed int eh following ways:

● Manually -paper form-Best to store in cabinets or shelves
● Electronic names; stored in electronic devices
● Methods of storage can be sorted either;
o Alphabetically (e.g., client name, subject matter, etc.)
o Non-alphabetically (e.g., Numerical)
● Movement of files must be controlled: they can be controlled by: managing a register of
incoming and outgoing files. This owudl allow for the retrieval of any file when requested.
● Law firms should also determine what actions are to follow closed files.

Law Office Records

● Law firms keep records of various types.

● Some records required in a law firm are:
o Office manual
o Staf register
o Equement and machines register
o Title document register
o Closed register
o Referral register
 o Intelernal elephone directory
o Incoming and outgoing correspondence book
o Incoming and outgoing calls book
o Visitor’s book

Managing in the Law Firm

● What should be Managmeent structure be like?

● Types
o Management by sole owner
o Management by committee of partners
o Management by all partners
o Management by sole partner
o Management by experts
o Management by associates

Management functions

o planning
o Organizing
o Coordinating
o Controlling
o evaluating
A. Planning
● Long term
● Medium term
● Short term

Areas of Law Office management that require planning

1. Finance
2. Service rendition
3. Clients base
4. Facilities
5. Staff

B. Organization
● Organization of resources (human, capital etc) for the implementation of planning. Who
takes care of what in the firm?
C. Coordinating
●

ICT IN LAW OFFICE MANAGEMENT

 LEGAL DRAFTING

Introduction

Why legal drafting?

See: Carl Felsenfeld Canadian Business Law Journal Vol. 6 1981-82

A Legal Draftsman’s Aim

● Conciseness
● Comprehensibility
● Clarity
See: Syney Prahan Jnr, “In the Fundamentals of Legal Drafting”.

Importance of Legal Drafting

Note the Basic Tool

● Mastery of English language; read newspaper or novels

Receiving Instruction from the Client

● Attitude at interview:

Stages of Legal Drafting

1. Understanding the instruction

2. Analyzing the instruction
3. Designing the draft
4. Composing the draft: note the use of precedent books. See: Olofintuyi v. Barclays Bank DCO
Ltd (1965) NMLR 142
5. Scrutinizing the draft

Technique of Drafting

Note the five points in this regard:

1. There should be sequence in the draft

2. Use short sentences
3. Use active voice and not passive voice
4. The draft must be intelligible. This can be achieved by:
a. Economy of language
b. Directness
c. Familiarity of English language
d. Orderliness
5. Use paragraphs where necessary especially where conditions are to be provided for. See for
instance the following condition:
 The treasurer shall vacate office if he has completed
three years in Office, becomes bankrupt or dies

It is better to draft it thus:

The treasurer shall vacate office if he:

a. has completed three years in office;

b. become bankrupt
c. dies

Paragraphing techniques:

The two types of paragraphing technique:

a. Two-layered text: it contains

o Introductory statement
o Independent paragraph
The example above is for two-layered text.
b. Three-layered text
o Introductory statement
o Independent paragraph
o Concluding statement

Example of three-layered text is as follows:

If an applicant-

a. has attained the age of 21 years;

b. has completed six months service;
c. agrees to be bound by this Trust Deed,

he may be accepted as a member.

It will therefore be wrong to draft like this:

If an applicant has attained the age of 21 years, has

completed six months service, agrees to be bound by
this Trust Deed, he may be accepted as a member.

Numbering of Paragraphs

Section 120(4)(a)(ii)(A), it will be read thus

Section 120

Subsection (4)

Paragraph (a)

Sub-paragraph (ii)

Sub-sub-paragraph (A)
Example 1:

If in respect of any financial year, it is found that the amount approved by the budget for any
purpose is insufficient a need has arisen for expenditure for a purpose for which no amount has been
approved, a supplementary estimate showing the sums required shall be laid before the board of
directors.

If in respect of any financial year it is found that-

a. the amount approved for the budget for any

purpose is insufficient; or
b. a need has arisen for expenditure for a
purpose for which no amount has been
approved,

a supplementary estimate showing the sums required shall be laid

before the board of directors

Example 2:

Any person who or hospital or clinic which fails to report as stipulated under this law shall be guilty of
an offence under this law.

1. Any-
a. Person who; or
b. Hospital or clinic which
2. Fails to report as stipulated under this law shall be guilty of an
offence under this law

Example 3:

A person convicted of an offence under this law shall be liable in the case of an individual to
imprisonment for a term not exceeding five years and in the case of a hospital or clinic to a fine of ten
thousand naira and in addition the hospital or clinic shall be closed down.

1. A person convicted of an offence under this law shall be;

a. liable in the case of an individual for a term not exceeding five years; and
b. in the case of a hospital or clinic to a fine of ten thousand naira;

and in addition, the hospital or clinic shall be closed down.

Elements of a Legal Sentence

1. legal subject: the person authorized to carry out a legal action.

2. legal action
3. the case: the circumstance when the legal action can be invoked
4. the conditions: the conditions attached to the carrying out of legal action

Draftsmen’s Habit to avoid

1. do not use archaic words. E.g., (hereinafter, hereinbefore, etc.)

 2. be consistent in your language because if you change your language, it is assumed you have
changed your meaning. E.g., if “Landlord-Tenant” is being used, it should be used through
out without shifting to the use of “Lessor-Lessee”.
3. Do not use intricated and very complicated expressions
4. Avoid verbosity.
5. Understanding the use of Will (optional) and Shall (mandator)
6. Understanding the use of “And” and “Or”. See; Associated Artists Ltd v. IRC (1956)
7. Aids to clarity and accuracy;
a. Use punctuation marks correctly
b. Make use of definitions
c. Make use of interpretation clause to delimit, extend and narrow-done the meaning of
a term used.
d. Use of marginal notes
e. Use of schedules where use pictures and technical issues
f. Repetition of preposition
g. Use of Esjudem Generis

Ambiguities in Drafting

Note the meaning of ambiguity. See; Ogbonna v. AG Imo State (1992) 1 NWLR (Pt. 220) 647; see also
Oladimeji v. Trans Nig Assurance Co Ltd (1998) 12 NWLR (Pt. 576) 44

NB:

● Ambiguity is not the same thing as vague. See; Nuhu v. Ogele (2003)
● It may be caused by phrases

“No person shall participate in the marking of script suffering from a bad eye-sight”

It should be re-drafted thus:

“No person suffering from bad eye-sight shall participate in the marking of script”

LEGISLATIVE DRAFTING

It starts with receipt of instruction and ends with completed draft. It is the part of legislative process,
an idea or concept concerning a social framework on society become…

Qualities of a good Legislative Draftsman

1. A quick and retentive mind

2. Ability to analyze problem in details and do not be shallow

Stages of Drafting Legislation

1. Receiving and understanding instructions

a. Draft the instruction
2. Analyzing of the instruction
a. Considering the existing laws
 b. Potential danger
c. practicability
3. Designing the draft
4. Composition of the draft
5. Scrutiny or revision of the draft

NB: There is difference between legislative process and legislative drafting process.

Arrangement in Parts

● Numbering of Parts: e.g., Part I, Part II, Part III… (Always use Roman Numerals).
● The arrangement into parts is for the purpose of:
i. Clarity
ii. Ease
● The factors considered in arranging provisions into part are:
i. Length
ii. Sub-themes
● Each part has its individual heading
● Marginal notes; sometimes called section heads, etc.
● Marginal references: it means references to another legislation.
● Order of arrangement sections:
● Preliminary segment
● Principal
● Miscellaneous
● Final

Concept of Legislative Drafting

1. Long title: Every Act or Law begins with a long title. it helps to understand the general
purposes of the Act, i.e., what the Act is all about. It helps to determine the scope and main
frame of the legislation. It also forms part of the legislation. It can be used to interpret the
provisions of the law. it must be in bold and capital letters. It starts thus:
a. AN ACT…
b. A LAW…
c. A BILL FOR AN ACT…
d. A BILL FOR A LAW…

NB: it will end with “AND FOR CONNECTED PURPOSES”.

See generally: Vacher & Sons Ltd v. London Society of Compositors (1913); Osawaru v.
Ezeiruka (1978); Re Wykes (1961)

2. Preamble: it helps you to know the reason behind a law. it helps to know why a law is
necessary. It helps in explaining the meaning of the law. it is included in a legislation that is of
constitutional or international importance. It may be used where the legislation is formal or
ceremony in character. It is used where the essence of the law is to ratify an international
treaty. See:
 3. Enacting Formula: it helps to know the authority making the law. Every law has an enacting
formula. It gives the law a jurisdictional identity and constitutional authenticity. It appears
just one in the legislation. Sample of Enacting Formula:
BE IT ENACTED by the National Assembly of the Federal Republic of Nigeria as follows:
BE IT ENACTED by the House of Assembly of Lagos State as follows:
4. Short Title: Every legislation has a short title. It is inclusive of the year of enactment. It serves
as a label. It serves as for ease of reference. It is the Nickname for the law. it differentiates
between the same laws made in the same year (e.g., CAMA 2020 (No. 1); CAMA 2020 (No.
2)…). Sample is as follow:
This Act may be cited as the Companies and Allied Matters Act 2020
5. Commencement: it may not be expressly stated in the law. Thus, it is presumed in that
circumstance that it commences the day it is assented. It may however expressly contain a
commencement date. Alternatively, the law may empower an authority to determine the
commencement date. It should end with the Year of the enactment.
See generally: Obmiami Brick & Stone (Nig) Ltd v. A.C.B (1992)
It could be either written as:
● Where it comes before the enacting formular:

[…] commencement

Or

● Where it forms a section of the law

This law shall come into force on the 17th of January, 2004.

6. Establishing section:

“It is hereby established a Body…”

OR

“There shall be established…”

OR

“There shall continue to be established…”2

o If it is a corporation, the establishment section should contain six features:

▪ Perpetual succession and common seal

▪ It can sue and be sued in its corporate name

▪ It has power to hold and dispose land.

7. Schedules
8. Marginal References
9. Marginal Notes
10. Explanatory Notes; Udo v. National Orthopedic Hospital Management Board
2
Neglect for the purpose of Bart II exam
Question

To ensure the attainment of free and compulsory educational for all Nigerians, the National Assembly
recently passed a law to establish the University Education Council, which is empowered to provide
free and compulsory education for students in Nigerian Universities. The council is made up of 37
members, with each state of the Federation and Abuja having a member. The law is to come into
force on 18th March, 2024. Draft the law and reflect the following parts of the law and in the proper
order: The enactment clause, the Interpretation Clause, the Establishment Section, Long Title, Short
Title and the Commencement.

Arrangement:

● Long little
● Commencement
● Enacting clause/Enacting Formula
● Establishment clause
● Short title
● Interpretation clause

Long Title

AN ACT TO ESTABLISH THE UNIVERSITY EDUCATION COUNCIL TO PROVIDE FOR FREE AND
COMPULSORY EDUCATION FOR STUDENTS IN NIGERIAN UNIVERSITIES AND FOR CONNECTED
PURPOSE

[18th March, 2024] Commencement

Enacting Clause:

BE IT ENACTED by the National Assembly as follows:

Establishment Clause:

1. It is hereby established a body known as University Education Council which shall:

a. be a body corporate with perpetual succession
b. be capable of suing and being sued in its corporate name.
c. be capable of owing and disposing property in Land.
d. have its own corporate seal

Interpretation Clause:

In this Act, except as otherwise provided, the following words means:

“University”

Short Tile:

The Act is to be cited as University Education Council Act, 2024

Expression in relation to Time

● ON: The mentioned date is included
● From: the mentioned date is excluded
● Still or Until: it is very uncertain and it will lead to ambiguity. The proper way is to say “Until
and including”.
● From .. day to … day: Both days are included.
● Within a reasonable time: it is uncertain. It is better to say, ON OR BEFORE … DAY OF …,
20…
● Immediately: it means as soon as possible.
● A Day Notice: 24 hours (midnight of the mentioned date to midnight of the next date)
● Clear days: time will not count until midnight of the mentioned date.
● Clear month:
● Calendar month: