NLS DRAFTS ON PROFESSIONAL ETHICS

DRAFTING TIPS

ON

PROFESSIONAL (ETHICS & SKILLS)

NIGERIAN LAW SCHOOL

(2020/2021)

EYEKE KENNETH SAMUEL

NLS DRAFTS ON PROFESSIONAL ETHICS

TABLE OF CONTENTS

1. (Week 3) Overview and History of the Legal Profession - 3

2. (Week 4) Regulatory Bodies in the Legal Profession - 6

3. (Week 5) Judicial Officers (Appointment & Discipline) and

Discipline of Legal Practitioners - 9

4. (Week 6) Duties of a Lawyer to Clients - 15

5. (Week 7) Advertisement and Improper Attraction of Business - 19

6. (Week 8) Duty of Lawyer to State, Court, Colleagues & the Profession - 22

7. (Week 9) Basic Drafting Principles and Stages of Drafting - 24

8. (Week 10) Letter Writing, Memorandum, Legal Opinion,

Minutes of Meetings, and Curriculum Vitae - 26

9. (Week 11) Legislative Drafting - 42

10. (Week 12) Rules of Interpreting Statutes& Counseling Skills - 45

11. (Week 13) Legal Research and Closing of Files - 49

12. (Week 14) Alternative Dispute Resolution: Negotiation; Mediation

and Multidoor Court House - 52

13. (Week 15) Arbitration and Conciliation - 54

14. (Week 16) Law Office Management - 59

15. (Week 17) Remuneration of Legal Practitioners - 63

16. (Week 18) Legal Practitioners’ Accounts - 84

NLS DRAFTS ON PROFESSIONAL ETHICS

Week 3
OVERVIEW OF LAW IN PRACTICE AND HISTORY OF THE LEGAL
PROFESSION

HISTORY OF THE LEGAL PROFESSION AND REGULATIONS: In August

1860 Lagos was ceded to the Queen of England as a result Lagos became a
British colony. Therefore all laws applicable in England became applicable to
Lagos, and in 1876 the Supreme Court Ordinance was promulgated to the
colony. The problem of this legal system was that there was shortage of qualified
personnel to man the court and shortage of court facilities which led to the
employment of lay-men without the knowledge of the law to man the legal
process. As at 1862, there were 7 Magistrates–3 were barristers, 2 were writing
clerks, 1 was a merchant and 1 was a commander of the West Indian Garrison in
Lagos.
To solve this problem, the Supreme Court Ordinance of 1876 was promulgated
for the admission of persons to practice as legal practitioners in Nigeria.
The history of the development of the Legal profession is thus divided into 3
stages as follows: (1) 1876-1914. (2) 1914-1962 (3) 1962 till date.
OVERVIEW OF THE RULES OF PROFESSIONAL CONDUCT FOR LEGAL
PRACTITIONERS
A. Practice as Legal Practitioner
Rule 1: General Responsibility of a lawyer.
Rule 2: Duty as to admission into the legal profession.
Rule 3: Aiding the unauthorized practice of the law.
Rule 4: Avoidance of intermediary in the practice of the law.
Rule 5: Association for legal practice.
Rule 6: Retirement from judicial position or public employment.
Rule 7: Engagement in business.
Rule 8: Lawyers in salaried employment.
Rule 9: Practicing fees.
Rule 10: Seal and stamp.
Rule 11: Mandatory continuing legal education.
NLS DRAFTS ON PROFESSIONAL ETHICS

Rule 12: Practising certificate.

Rule 13: Notification of legal practice.

B. Relation with Clients

Rule 14: Dedication and devotion to the cause of the client.
Rule 15: Representing client within the bound of the law.
Rule 16: Representing client competently.
Rule 17: Conflict of interest.
Rule 18: Agreement with client.
Rule 19: Privilege and confidence of a client.
Rule 20: Lawyer as witness for client.
Rule 21: Withdrawal from employment.
Rule 22: Calling at client’s house or place of business.
Rule 23: Dealing with client’s property.
Rule 24: Responsibility for litigation.
Rule 25: Investigation of facts and production of witness.

C. Relations with Other Lawyers

Rule 26: Fellowship and precedence.
Rule 27: Good faith and fairness among lawyers.
Rule 28: Associating in a matter.
Rule 29: Change of lawyer.

D. Relation with the Court

Rule 30: Lawyer as officer of court.
Rule 31: Duty and conduct of lawyer to court.
Rule 32: Candid and fair dealing.
Rule 33: Trial Publicity.
Rule 34: Relation with Judges.
NLS DRAFTS ON PROFESSIONAL ETHICS

Rule 35: Lawyer and Tribunal.

Rule 36: Courtroom decorum.
Rule 37: Employment in criminal cases.
Rule 38: Lawyer for indigent accused.

E. Improper Attraction of Business

Rule 39: Advertising and soliciting.
Rule 40: Notepaper, envelopes and visiting cards.
Rule 41: Signs and notices.
Rule 42: Books and articles.
Rule 43: Change of address.
Rule 44: Associate and Consultant.
Rule 45: Barrister’s and Senior Advocate’s robes.
Rule 46: Press, Radio and Television.
Rule 47: Instigating controversy and litigation.

F. Remuneration and Fee

Rule 48: fees for legal service
Rule 49: Retainer.
Rule 50: Contingent fee arrangement.
Rule 51: Payment of the expenses of litigation.
Rule 52: Fixing the amount of fee.
Rule 53: Division of fees.
Rule 54: Offer of compensation or gift by the other party.

G. Miscellaneous
Rule 55: Enforcement of Rules.
Rule 56: Interpretation
NLS DRAFTS ON PROFESSIONAL ETHICS

Week 4
REGULATORY BODIES IN THE LEGAL PROFESSION

BODY OF BENCHERS: Established bySection 3(1) of LPA as a body of legal

practitioners of the highest distinction in the legal profession in Nigeria with the
responsibility for the formal call to the Bar of persons seeking to become legal
practitioners.

LEGAL PRACTITIONERS DISCIPLINARY COMMITTEE: The committee was

established by Section 11 (1) of the Legal Practitioners Act Cap L11, LFN
2004. It is the committee of Benchers who have the responsibility to determine
and consider charges brought against legal practitioners who have misbehaved

COUNCIL OF LEGAL EDUCATION: The Council of Legal Education is the body

primarily responsible for the education of persons aspiring to the legal profession
in Nigeria i.e. the proprietor of the Nigerian Law School. It was established under
Section 1 of the Legal Education (Consolidation, Etc.) Act

LEGAL PRACTITIONERS PRIVILEGES COMMITTEE: This was established by

the Section 5(3) Legal Practitioners Act (As Amended) to Confers, make rules
& withdraw the rank of Senior Advocate of Nigeria on deserving legal
practitioners in Nigeria – Paragraph 3, 2018Guidelines for the Conferment of
the Rank of Senior Advocate of Nigeria; Section 5(1) LPA.

THE NIGERIA BAR ASSOCIATION: Membership is automatic upon enrolment

at the Supreme Court. Practicing fees must be paid latest by 31 st March each
year. A lawyer must notify the local NBA when he opens a legal practice. NBA is
an interest group not created by any statute but recognised by various statutes.
In the case of Fawehinmi v Nigerian Bar Associationit was said that the
Nigerian Bar Association is only a juridical entity but without juristic personality.

LEGAL PRACTITIONERS REMUNERATION COMMITTEE: The Legal

Practitioners' Remuneration Committee is established by Section 15(1) LPA.
The committee has made the Legal Practitioners (Remuneration for Legal
Documentation and other Land Matters) Order 1991.Composition (1)The AGF
(the chairman) (2) The AG of the state (3) The president of the NBA;(4) Three
others members of the NBA
NLS DRAFTS ON PROFESSIONAL ETHICS

NATIONAL JUDICIAL COUNCIL: Established by Section 153 CFRN 1999 as a

federal body. Functions; Recommend persons for appointment or removal as
judicial officers; they also exercising disciplinary powers & Control general policy
and administration - Part I of the Third Schedule CFRN 1999
EXCLUSIVE RIGHTS OF A LEGAL PRACTITIONER
Exclusive rights of legal practitioners are rights that cannot be exercised by any
other person except the legal practitioner. The legal practitioner here is the legal
practitioner defined according to the LPA (on the roll of legal practitioners) and
not those whose names have been struck off. These rights are:
1. Appointment as Attorney-General of the Federation or State. See Section
150 and 195 CFRN, 1999 .
2. Appointment as Judicial Officers: 15 years (Supreme Court), 12 years
(Court of Appeal) or 10 years (other superior courts) post call can be appointed
as a judicial officer
3. Conferment of the Rank of Senior Advocate of Nigeria: See Section 5(1) &
(2) LPA.
4. Right of Audience in Court (Legal Representation)Section 8(1) LPA and
Section 36(6) (c) CFRN 1999
5. Preparation of Documents to obtain Probate or Letters of Administration
Section 22(1) (d) LPA
6. Preparation of Land Instruments for a Fee see Section 22(1) (d) LPA and
Section 4 of Land Instruments Preparation Laws of the Western Region
of Nigeria (LIPL) See Rule 3(1) and (2) RPC 2007. Rule 10(3) RPC 2007
7. Formation of a Company: To satisfy the requirement for the formation of a
company under CAMA, a legal practitioner is expected to comply with a
statutory declaration. Section 35(3) CAMA However, this right has been
deleted from the 2020 CAMA
8. Appointment as a Notary Public: Only a legal practitioner can be appointed
by the Chief Judge as a Notary Public. Section 2(2) Notaries Public Act.
9. Preparation of Documents Relating to Court Proceedings: a legal
practitioner has the right to prepare documents relating to proceedings in
court. See Section 22(1) (d) LPA. A litigant is however entitle to prepare the
document if he is representing himself in court.
RESTRICTIONS ON A LEGAL PRACTITIONER
I. Non Payment of Practising Fees See Section 8(2) LPA; Rule 9 RPC and
Article 19 Constitution of the NBA. Practising fees is graded from SAN &Body
of Benchers (N50, 000); 15 years or more post call standing (N25, 000); 10 years
NLS DRAFTS ON PROFESSIONAL ETHICS

or more but less than 15 years (N17, 000); 5 years or more but less than 10
years (N10, 000); Legal Practitioners of less than 5 years (N5, 000).
II. Salaried Employment: Rule 8(1) RPC states that a lawyer, shall not appear
as advocate in a court or judicial tribunal for his employer except where the
lawyer is employed as a legal officer in a Government department.
III. Public Officers and Private Practice: In 1992, an exemption was made for
law lecturers in universities and law school Section 15, Part II of the 5th
schedule of the Constitution
IV. Senior Advocate of Nigeria: He cannot appear without another junior or a
fellow SAN and cannot appear in criminal cases alone -Rule 2 Senior
Advocates of Nigeria (Privileges and Functions) Rules 1979.
V. Engaging in Business: Rule 7(1) RPC unless permitted by the General
Council of the Bar (Bar Council)
VI. Retired Judicial Officers: Retired judicial officers (except Magistrate) don’t
have right of audience in any court or tribunal both during and after their
appointment. See Section 292(2) CFRN 1999 and Rule 6(3) RPC.
VII. Mandatory Continued Professional Development (CPD) & Annual
Practicing Certificate Rule 11& 12(3) RPC. (yet to be implemented)
VIII. Improper Dressing: The right of audience of a legal practitioner can be
limited Rule 36(a) Rules of Professional Conduct.
IX. Legal Practitioner as Litigant; Where a legal practitioner is in court as a
litigant, he cannot appear both as a party and as a counsel for himself. See
Fawehinmi v NBA.
X. NBA Stamp and Seal: Rule 10 RPC - A lawyer acting in his capacity as a
legal practitioner, shall not sign or file a legal document unless there is affixed on
any such document a seal and stamp approved by the Nigerian Bar Association.
XI. Association for Legal Practice: A legal practitioner is not to enter into
partnership with a non-lawyer for the purpose of practicing legal profession -
Rule 5(1) RPC.
XII. Employment in Previous Matters: A lawyer shall not accept employment as
an advocate in any matter upon the merits of which he had previously acted in a
judicial capacity. See Rule 6(1) RPC.
XIII. Foreign Counsel: A foreign legal practitioner has no right of audience in
Nigerian courts except he has been granted warrant by the Chief Justice of the
Federation. Section 24 & 2(2)
XIV. Notary Public: A notary public is precluded from exercising his duties and
functions in any proceedings or matter when he has an interest. See Section 19 NPA
2010.
NLS DRAFTS ON PROFESSIONAL ETHICS

Week 5
JUDICIAL OFFICERS (APPOINTMENT & DISCIPLINE) AND DISCIPLINE OF
LEGAL PRACTITIONERS

Judicial officers are the officers presiding over the superior courts of record.
Superior courts of record are creation of the constitution. See Section 318
CFRN, 1999. Section 6(5) (a)-(j) of the CFRN, provides for the following as
superior courts of record: Supreme Court, Court of Appeal, Federal High Court,
High Court of FCT, High Court of a State, Sharia Court of Appeal of the FCT,
Sharia Court of Appeal of a State, Customary Court of Appeal of FCT, Customary
Court of Appeal of a State; and National Industrial Court. Note that Magistrate,
District, Area, and Customary Courts are not superior courts, thus the others
presiding over them for this purpose are not regarded as judicial officers. They
are under the supervision of the High Courts and employed by the state Judicial
Service Commission.
SAMPLE DRAFTS

Letter of Application for Appointment as a Judicial Officer

Eyeke Kenneth Samuel,

No 16 Water Works Road,
Abakaliki,
10th December, 2020

The Chairman,
Ebonyi State Judicial Service Commission,
No 1 Ogoja Road,
Abakaliki,
Ebonyi State.

Dear Sir,

APPLICATION FOR APPOINTMENT AS A JUDGE OF THE HIGH COURT OF

EBONYI STATE
I, Eyeke Kenneth Samuel, hereby apply to be appointed as a Judge of the High
Court of Ebonyi State. I was called to the Nigerian Bar in the year 1999 and was
enrolled on the same day.
I have requisite experience in Legal practice as a Principal Partner with Eyeke
Kenneth & Associate, a firm of Legal Practitioners and Solicitors.
Please find attached copies of my documents for your necessary consideration.
I look forward to your kind consideration of my application.
NLS DRAFTS ON PROFESSIONAL ETHICS

Thank You.

Yours faithfully,

………………...
Eyeke Kenneth Samuel

ENCL:
1. Call to Bar Certificate
2. Receipts of payment of practicing fees
3. Bachelor of Laws (LL.B) Certificate
4. Curriculum vitae.

NJC Form A (Bio-Data)

1. Names in Full
2. Date of Birth
3. Place of Birth
4. State of Origin
5. Local Government Area
6. Residential Address
7. Telephone
8. Chambers/Office Address
9. Postal Address
10. Primary Schools attended with dates
11. Colleges attended with dates
12. Certificates awarded on leaving College with dates
13. Subjects offered and passed with grades
14. Universities attended with dates
15. Degrees awarded (showing dates & class)
16. University and Law School Prizes Awarded (if any) with dates
17. (a) Date called to the Bar in Nigeria
(b) Date and place admitted to practise outside Nigeria
(c) Date admitted as a Notary Public (if any)
(d) Date of conferment of the rank as a Senior Advocate of Nigeria
18. Law Practice Experience:
(a) Papillae in Chambers showing Head of Chambers and dates
(b) Date of setting up own chambers stating -
i. Type of chamber accommodation and address
ii. Names of Partners/Associates
iii. Names of Junior Counsel employed in Chambers indicating dates & duration
iv. Library owned and number of books in the Chamber’s library with addres
(c) Professional Appointments:
NLS DRAFTS ON PROFESSIONAL ETHICS

i. In the Ministry of Justice and positions held with dates

ii. In the Judiciary as Magistrate or President of Sharia/Customary Courts,
stating positions held with dates.
19. Judgments Obtained/Delivered in Contested Cases:
(a) Particulars of judgments obtained in contested cases personally
conducted in the Supreme Court of Nigeria in the past five years with
citation of Law Reports, if any.
(b) Particulars of judgements obtained in contested cases conducted in the
Court of Appeal in the past five years (or before taking up appointment as
magistrate, etc.) indicating particulars of Law Report, if reported.
(c) Particulars of at least ten (10) judgements obtained in contested cases
conducted in the High Court in the past five years (or before taking up
appointment as magistrate etc.) with copies annexed or cite Law Reports
were reported.
(d) Particulars of selected judgments delivered by the candidates in the past
two years as Chief Magistrates, etc. Annex copies of your best
judgements.
(e) Law Publications (including papers delivered at Conferences in the field
of Law and Jurisprudence) with copies annexed:
20. International Law Conferences attended (if any)
21. Particulars of Developed properties (if any)
(a) In home town for own homestead
(b) In Commercial cities for investment purposes
22. Loyalty to the Legal Profession
(a) Branch of the Nigerian Bar Association to which the candidates belongs
(b) Evidence of payment of practising fees. (Annex receipts for past five
years)
(c) Details of Annual Conferences of the Nigerian Bar Association attended in
the past five years, stating places and dates.
(d) Papers delivered by the candidate at Nigerian Bar Association Annual
conferences (if any).
23. Does the candidate consider himself –
(a) Successful in the Legal profession either as a private legal practitioner, or
a legal officer or magistrate.
(b) Of good character and reputation, honest and of high integrity?
(c) Garrulous or quarrelsome?

Dated the _____________day of ___________________ 2008

__________________
Signature
NLS DRAFTS ON PROFESSIONAL ETHICS

* Paragraph 19(d) shall now read as follows:

* Particulars of selected judgments delivered by the candidates in the past two
years as Chief Magistrates; or in any given past two years before the candidates’
present appointments/positions. Annex copies of your best judgments”
NOTE: All judgments obtained or delivered by the candidates vide paragraph 19
above shall be confirmed by the Head of Court/the Chief Judge.

Curriculum Vitae

CURRICULUM VITAE OF EYEKE KENNETH SAMUEL

1. PERSONAL BIO-DATA
Surname:
Other names:
Date of birth:
Place of birth:
State of origin:
Local Government Area:
Home town:
Sex:
Marital status:
Address:
Telephone:
Email:
2. SCHOOLS AND INSTITUTION ATTENDED TILL DATE
3. QUALIFICATIONS
4. WORKING EXPERIENCE
5. HOBBIES
6. REFEREES
7. CURRENT CONTACT ADDRESS
8. SIGNATURE AND DATE
NLS DRAFTS ON PROFESSIONAL ETHICS

WEEK 5 ASSIGNMENT ON APPOINTMENT AND DISCIPLINE OF JUDICIAL

OFFICERS & DISCIPLINE OF LAWYERS
QUESTION ONE:
Edith Goja is 16 years post call and has been practicing with the law firm of
Messrs Lyan Chambers of Plot 109, Independence Way, Kaduna. Her life-long
aspiration is to be appointed to the bench as a Judge. On 10th February 2019,
the Chief Judge of Kaduna State placed a notice at the High court notice board,
calling for expression of interest by persons qualified to As be appointed to the
Bench as a Judge. In response to this notice, Edith Goja decided to express her
interest.
(a) As Edith Goja, prepare a two page curriculum vitae that you will submit to the
Chairman of the Kaduna State Judicial Service Commission, High Court
Complex, Bida Road, Kaduna.
(b) With relevant statutory authorities, write a legal opinion on not more than one
page on the procedure that would be adopted in appointment of Edith Goja as a
Judge of the High Court of Kaduna State.
(c) Assuming that Edith Goja is appointed as a Judge of the High Court of
Kaduna State, and on 17th of March 2020, she collected the sum of N200m from
Alhaji Dangudu (a Plainitff in a matter before her court) in order to give
judgement in his favour in his case. The Defendant - Eya Samuel has become
aware of this fact and desires that Edith Goja be disciplined.
(i) Advice him on the step(s) that he should to initiate such disciplinary action
against Edith Goja
(ii) State the procedure to be followed by the disciplinary authority.
(iii) Mention three possible grounds for the removal of a Judicial officer and
identify the ground under which Edith Goja may be removed
(iv) State the possible fate(s) that may befall Edith Goja if she is found guilty by
the appropriate authority.
(c) Briefly explain the case of Elelu-Habeeb & Another v. A. G. Federation &
Others (2012) 13 NWLR(Pt. 1318) 423 as it relates to the removal of a judicial
officer.
NLS DRAFTS ON PROFESSIONAL ETHICS

QUESTION TWO:
Dele Momodu, a solicitor of 13 years post call was briefed by the Ikenga family of
Anambra State to help them recover the sum of N100,000,000 (one hundred
million naira only) owed to them by the Anambra State Government being the
amount outstanding in relation to compensation payable to them for their parcel
of land the Anambra State Government used to build the Auto Spare Parts
Market at Nkwo Awka, Anambra State. In line with the agreement reached
through negotiation between Dele Momodu Esq. and the Legal Adviser to the
Anambra State Government, the first installment of N50,000,000.00 (fifty million
naira only) was paid to the Ikenga family. Dele Momodu Esq remitted
₦40,000,000.00 (Forty Million naira only) to the Ikenga family and used the
remaining N10,000,000.00 (ten million naira only) to pay off the loan he collected
from Zenith Bank Plc.
Assuming that the Ikenga Family learns of the conduct of Dele Momodu, and
wants to have him disciplined for professional misconduct, answer the following
questions:-
(a) State the channels through which the family may lay its complaint against
Dele Momodu?
(b) List the bodies that can discipline a legal practitioner?
(c) Assuming Dele Momodu Esq is to be arraigned, explain the likely offence(s)
he would be charged with?
(d) What other offences does the relevant body have power to hear?
(e) Briefly indicate the procedure to be taken by the NBA upon receipt of the
Complaint?
(f) Itemize in numbered paragraphs the steps the relevant body would take in
order to discipline him?
(g) Assuming Dele Momodu Esq is found guilty, what could be his fate?
(h) Assuming Dele Momodu Esq is objecting to the striking off of his name by the
relevant body, explain to him the step(s) he must take?
(i) Assuming that Dele Momodu has applied for the restoration of his name to the
roll, state the factors that may be considered in deciding the application?
NLS DRAFTS ON PROFESSIONAL ETHICS

Week 6
DUTIES OF A LAWYER TO CLIENTS

Rule 1 RPC enjoins lawyers to uphold and observe the rule of law, promote and
foster the cause of justice, maintain high standard of professional conduct and
should not do anything that will portray the profession in a bad light.

Relation with Clients

Rule 14: Dedication and devotion to the cause of the client.
Rule 15: Representing client within the bound of the law.
Rule 16: Representing client competently.
Rule 17: Conflict of interest.
Rule 18: Agreement with client.
Rule 19: Privilege and confidence of a client.
Rule 20: Lawyer as witness for client.
Rule 21: Withdrawal from employment.
Rule 22: Calling at client’s house or place of business.
Rule 23: Dealing with client’s property.
Rule 24: Responsibility for litigation.
Rule 25: Investigation of facts and production of witness.

WITHDRAWAL FROM EMPLOYMENT It is the duty of a lawyer not to withdraw

from employment once assumed except for just cause - R. 21 (1) RPC. However
in the following circumstances he may withdraw from employment.
1. Conflict of interest between lawyer and client.
2. Where the client insists on an unjust or immoral course in the conduct of his
case. E.g. he wants the lawyer to bribe a judge.
3. If he persists in pressing a frivolous case against the lawyer‘s advice.
4. If the client deliberately disregards an agreement or obligation to pay fees or
expenses: R. 21 (2) RPC. A lawyer who is withdrawing from employment should
give reasonable notice to the client to enable him get another lawyer: R. 21 (3)
NLS DRAFTS ON PROFESSIONAL ETHICS

RPC. If the withdrawal occurs after full payment of fees, the lawyer should return
the part of the fee that has not been earned- R. 21 (4) RPC.

DEALING WITH CLIENT’S PROPERTY A lawyer is enjoined not to abuse or

take advantage of the confidence reposed in him for his personal gain or benefit-
R. 23 (1) RPC. A lawyer who collects money or manages property for his client
should report and account for it promptly- R. 23 (2) RPC.

CALLING AT CLIENT’S PLACE FOR BUSINESS A lawyer should not call at a

client‘s house or place of business for the purpose of advising or taking
instructions - R. 22 RPC. Exception: special circumstances or urgency.
Examples of such are, extreme old age, infirmity, client is in custody etc.

CHANGE OF COUNSEL BY CLIENTRule 29 of R.P.C. gives a client the right to

terminate the brief of a lawyer and change his lawyer. After the change the
following must be ensured: 1. The new lawyer should give notice to the former
lawyer; 2. He should try and ensure the payment of his outstanding professional
fees; 3. Both lawyers should give notice to the court.
RESPONSIBILITY FOR LITIGATION It is the duty of lawyers to decide the case
to bring to court for the claimant and the cases he will contest for the defendant.
He will be personally liable if he brings questionable actions or offers
questionable defence or advice, he will not be absolved on the basis of following
client instruction- R. 24(2) RPC
LAWYER AS WITNESS FOR A CLIENT. Rule 20 (1) of RPC provides that a
lawyer should not accept to act in any contemplated or pending case if he knows
or ought to reasonably know that he or a lawyer in his firm may be called or
ought to be called as a witness in the case.
PRIVILEGE AND CONFIDENCE OF THE CLIENT. (Rule 19 RPC). All oral or
written communications made by a client in the normal course of professional
employment are privileged and cannot be communicated or revealed to a third
party by the legal practitioner
DEDICATION AND DEVOTION TO THE CAUSE OF THE CLIENT A lawyer is
duty bound to devote his attention, energy and expertise to the service of his
client and subject to any rule or law to act in a manner consistent with the best
interests of the client. Rule 14 (1) RPC.
NLS DRAFTS ON PROFESSIONAL ETHICS

DUTY TO ACCEPT BRIEF Rule 24 (1) RPC of the provides that lawyers are
duty bound to accept brief relating to the area in which they practice, provided
the right fee is offered to be paid, except there are exceptional circumstances to
the contrary. This is known as the Cab Rank Rule
CONFLICT OF INTEREST A lawyer while representing his client should not
allow his personal, proprietary, financial or business interest to conflict with the
interest of his client. R. 17 (2) RPC. Where there exists such conflict of interest a
lawyer is duty bound to disclose such – R. 17 (1) RPC.
REPRESENTING CLIENT WITHIN THE BOUNDS OF LAW A lawyer‘s first duty
is to uphold the law. This supersedes his duty to his client, therefore he must
refuse to participate or aid conducts that are unlawful - R. 15 (1) RPC. In his
representation of his client a lawyer must keep strictly within the law not-
withstanding any contrary instruction from the client. Where the client insists on
perpetrating illegality, he must withdraw his service - R. 15(1) (a) RPC The
lawyer is duty bound to restrain and prevent his client from committing
misconduct or breach of the law with particular reference to judicial officers,
litigants and witnesses: R. 15 (2) RPC.
REPRESENTING CLIENT COMPETENTLY By virtue of Rule 16 of the RPC, a
lawyer shall not: a. handle a legal matter which he knows or ought to know that
he is not competent to handle without associating with a lawyer competent to
handle it unless the client objects; b. handle a legal matter without adequate
preparation; c. neglect or abandon a legal matter entrusted to him. d. attempt to
exonerate himself from or limit his liability to his client for his personal
malpractice or professional misconduct.
PROFESSIONAL NEGLIGENCE BY LAWYERS Section 9 (1) of the Legal
Practitioners Act provides that a person shall not be immune from liability for
damages attributable to his negligence while acting in his capacity as a legal
practitioner. The tort of negligence is therefore applicable to Legal Practitioners in
Nigeria.
NLS DRAFTS ON PROFESSIONAL ETHICS

WEEK 6 ASSIGNMENT ON DUTIES OF COUNSEL TO CLIENT

Alhaji maikudi is a well known philanthropist who owns many properties at Wuse
II, Abuja. He discovered that some of his tenants have refused to pay rents for
more than 2 Years. He decided to engage the services of Mr. Chinedu Okoro, a
legal practitioner to take over the management of the properties. He therefore
sent for Mr. Chinedu Okoro to come to his palatial home at Asokoro, Abuja. Mr.
Chinedu immediately rushed to see Alhaji Maikudi who briefed him and handed
over the file containing the list of the tenants and other information to him.

Immediately after leaving Alhaji Maikudi's house, he went straight to his friend
Abbey and narrated everything that transpired between him and Alhaji, he even
showed him the contents of the file. He thereafter, solicited the help of Abbey a
police officer to forcefully evict all the tenants from the properties. Upon hearing
this, Mrs Cash Madam one of the tenants went to see Mr. Chinedu Okoro and
gave him the sum of Two Hundred Thousand Naira in order to allow her continue
to use the premises without paying, Mr. Chinedu, accepted the money and then
instructed Abbey not to evict Mrs. Cash Madam.

The following week, one of the tenants named Mr. Bello, a spare part dealer,
sued Alhaji Maikudi for forcefully evicting him when his rent was yet to expire and
claimed damages for the goods that were destroyed during the eviction. At the
hearing of the at the hearing. However, before the conclusion of the case, Mr.
Chinedu in the open court announced his decision to withdraw from the case on
the ground of non-payment of professional fee.

With the aid of statutory and judicial authorities carefully highlight the ethical
issues in the scenario.
NLS DRAFTS ON PROFESSIONAL ETHICS

Week 7
PROPER AND IMPROPER ATTRACTION OF BUSINESS AND
CORRUPTION ISSUES

Improper attraction of business includes all acts, which give an unfair advantage
to a lawyer thus lowering the prestige of the profession. It also causes unhealthy
reputation, misrepresentations, insinuations of incompetence, and it is unethical.
Improper attraction of business is not permitted in the legal profession. There
are two ways in which lawyers can improperly attract business. They are
advertising and soliciting. Advertising is provided for under Rule 39(1) RPC
which permits some form of advertising provided it is fair and proper in all
circumstances and complies with the provisions of RPC. The kinds of
advertisements which a lawyer can engage is however made subject to Rules
39(2) & (3) RPC. Soliciting on the other hand is provided for under Rule 39(3)
RPC and unlike advertisement, it is absolutely prohibited by RPC. Soliciting
refers to any statement or conduct by a lawyer which is calculated to lure a
particular person or group of persons to give a brief to the lawyer. Soliciting
involves directly or indirectly seeking for employment by a lawyer. This could be
achieved by directly asking a possible client to employ the lawyer. It may also be
done indirectly through suggestive handbills, circulars or even through third
parties who tout for the lawyer with his knowledge. Unlike advertising, soliciting is
absolutely prohibited by the RPC. A lawyer should therefore not solicit for
employment from the public whether directly or indirectly.
NLS DRAFTS ON PROFESSIONAL ETHICS

WEEK 7 ASSIGNMENT ON IMPROPER ATTRACTION OF BUSINESS

AND CORRUPTION ISSUES

Mr. Beredugo Amakiri is a young man of 21 years of age. He is apracticing

lawyer andwas called to the Nigerian Bar in November 2019. He
established a sole practitionership type of law office and placed the office
notice on the roof of the storey building where his office is located. The
notice covers a reasonable size of the roof, with very bold inscriptions so
that prospective clients standing far away from the building could read them
without straining their eyes. On the notice are inter alia the following
inscriptions:
Beredugo Amakiri & Partners
(Good-practice Chambers)
Consultants in Oil and Gas law, Aviation law, Maritime law, Space law,
Corporate law, Property law and Family law.
On his office note-papers and visiting cards, Mr. Beredugo Amakiri also has
immediately after his name the following inscriptions: ‘NCE, MTV, PPMC;
and Attorney-at-the-Legal-Profession’ as his National Honours awarded
in Nigeria and Professional title respectively.
As a result of the current COVID-19 pandemic ravaging the whole world,
Mr. Beredugo Amakiri wrote a book on the prolonged health implications of
the disease. He added his legal professional qualifications after his name
on the book. In one of the pages of the book (page 7 to be precise), Mr.
Beredugo Amakiri criticized scientists for their inability to promptly find a
cure to the disease, and blamed medical doctors as well as other health
workers for the massive deaths all over the world.
Answer the following questions:
(a)(i). Comment on the appropriateness or otherwise of the place where Mr.
Beredugo Amakiri placed his office notice. Give reason for your
answer and cite relevant provisions of the Rules of Professional
Conduct for Legal Practitioners (RPC) 2007.
(a)(ii). With the aid of relevant provisions of the RPC, comment on the
appropriateness or otherwise of size of the office notice and the
bold inscriptions.
NLS DRAFTS ON PROFESSIONAL ETHICS

(a)(iii). Are there issues with the inscription or content of the office notice?
Give two reasons for your answer and cite relevant provisions of the
RPC in support.
(a)(iv). Comment on the appropriateness or otherwise of Mr. Beredugo
Amakiri’s National Honours and Professional title which he stated
on his office note-papers and visiting cards.
(b)(i). With the aid of the RPC, and bearing in mind the ethics of the legal
profession, comment on page 7 of Mr. Beredugo Amakiri’s book.
(b)(ii) .Assuming Mr. Beredugo Amakiri’s book made him gain national
popularity, and he began to move from one COVID-19 isolation
centre to another to seek out UK Returnees who have suffered
personal injuries due to the absence of National Centre for Disease
Control (NCDC) officials at some isolation centres or insufficiently
equipped isolation centres, in order to assist them institute an action
against the Federal Government, advise Mr. Beredugo Amakiri and
cite the relevant provision of the RPC.
(b)(iii). Assuming one of the UK Returnees is Mr. Beredugo Amakiri’s
client, and he discovers that the client is involved in money laundering, list
two appropriate steps Mr. Beredugo Amakiri should take as required by the
Money Laundering Act 2011 (as amended).
NLS DRAFTS ON PROFESSIONAL ETHICS

Week 8
DUTY OF LAWYER TO STATE, COURT, COLLEAGUES AND THE
PROFESSION

DUTIES OF LAWYER TO COURT

1. Punctual to Court: recommended 30minutes before the court sits, which is
normally 9am.
2. Duty to Observe the Rule of Law: a lawyer has a duty to observe the rule of
law, promote the course of justice and maintain high standard of professional
conduct. See Rule 1 RPC. This duty includes not going outside or giving
advice contrary to the provision of the law.
3. Properly Dressed in Professional Attire: black and white. See Rule 36(a)
RPC.
4. Proper Way of Addressing the Court: the proper way of addressing the
court, depending on the court the lawyer is appearing before, are as follows:
(a) Magistrate Court - Your Worship.
(b) Customary Court - Your Honour.
(c) High Court - My Lord/Your Lordship.
(d) Court of Appeal and Supreme Court - My Lord.
(e) Legal practitioner - My Learned Friend
5. Courtroom Decorum: the following are the court decorum a lawyer is
expected to observe:
(a) Conduct case with decency, decorum, custom and code of behaviour of the
court, custom of practice at the bar, appearances, dressing, manner and
courtesy. See Rule 36(b) RPC.
(b) Rise while addressing the court or being addressed by the court. Rule 36(c) RPC.
(c) Respect to the court in words and deeds. See Rule 31(1) and Rule 35
RPC (Tribunal).
(d) No unnecessary adjournments
6. Conducting the Case:
(a) The lawyer must conduct case in logical sequence – in civil, the plaintiff
first then his witness. In criminal, complainant first then prosecution
witness, defendant leads the defence and then witnesses.
(b) The lawyer must be candid and fair to the court. See Rules 30 and 32 RPC.
6. The lawyer must not obstruct justice e.g. by advising client not to tender
certain documents. Lawyer is an officer of court. See Rule 30 RPC.
7. Trial Publicity: a lawyer should not engage in trial publicity. A lawyer should not
comment on pending cases (might lead to judicial or public bias). See Rule 33 RPC.
NLS DRAFTS ON PROFESSIONAL ETHICS

Sample Draft of FORM 48

IN THE HIGH COURT OF ENUGU STATE
IN THE ENUGU JUDICIAL DIVISION
HOLDEN AT ENUGU
Charge No_________

NOTICE OF CONSEQUENCES OF DISOBEDIENCE TO ORDER OF COURT

To: EMEKE NASARA of No. 56 New Heaven, Enugu, Enugu State

Take notice that unless you obey the directions contained in this order, you will
be guilty of contempt of court and will be liable to be committed to prison.

Dated this 9th day of December, 2020

__________________
Registrar

Sample Draft of FORM 49

IN THE HIGH COURT OF ENUGU STATE
IN THE ENUGU JUDICIAL DIVISION
HOLDEN AT ENUGU

Charge No_________

NOTICE TO SHOW CAUSE WHY THE ORDER OF CONTEMPT SHOULD NOT

BE MADE
TAKE NOTICE that Eyeke Kenneth will on Wednesday the 20 th day of December,
2020, at the hour of 9:00 in the forenoon, apply to this court for an order for your
committal to prison for having disobeyed the order of this court made on the
11thday of October, 2020, requiring you to remove your trucks.
AND FURTHER TAKE NOTICE that you are hereby required to attend the court
on the first mentioned day to show cause why an order for your committal should
not be made.
Dated this 9th day of December, 2020

__________________
Registrar
NLS DRAFTS ON PROFESSIONAL ETHICS

Week 9
PRINCIPLES AND STAGES OF LEGAL DRAFTING

Legal drafting is communication in permanent form which must be clear,

unambiguous because it is not spoken. Legal drafting is the art of legal writing,
thus a skill that needs to be learned. One of the reasons why every lawyer must
learn legal drafting is because of the saying that “lawyers have two failings; first
is that they do not write well and the second is that they think they do.
Documents are drafted in English language, because it is the language of the law
in Nigeria. Standard British English, and plain English, should be used in drafting
documents. Some of the documents drafted by the lawyer includes pleadings;
agreements; reports; letters; legal opinion; memorandum; etc.
There is a need to adequately represent the intention of the clients in drafting
documents. The reason is that most clients are illiterates and do not know how to
go about drafting document or documents, as such they acquire the services of
legal practitioners to assist them in drafting good documents. The legal
practitioner on the other hand is to get a checklist from the client as regards to
what the draft shall curtail. The legal practitioner however, must not allow the
client to stipulate the type of document to be drafted. No matter how experienced
in legal transactions the client is, he or she does not know the law. The
knowledge of the law is the preserve of the legal practitioner. Thus, it is the legal
practitioner’s knowledge and expertise that should be exercised in deciding
which document can appropriately embody the transaction.
Oral and documentary details of the transaction must be provided by the client,
and in some cases, the legal practitioner must visit the subject matter of the
transaction, if necessary, to gain a better understanding of the transaction and to
enable the legal practitioner draft an appropriate document.

Basic Drafting Principles

No Mandatory Prohibitory Permissive

1. Legal Writing Shall Shall Not (a) may
(b) May not
2.Ordinary Writing Must Must not Should May
not May not
NLS DRAFTS ON PROFESSIONAL ETHICS

WEEK 9 ASSIGNMENT ON BASIC DRAFTING PRINCIPLES AND STAGES

OF DRAFTING

According to - George Coode (in “Legislative Expression or the Language of the

Written Law”) each legislative sentence consists of four parts namely:
(1) The description of the legal subject;
(2) The enunciation of the legal action;
(3) The description of the case to which the legal action is confined; and
(4) The conditions on performance of which the legal action operates.
Assuming that the following draft is a provision in the Lagos State Housing
Corporation Law:
“Subject to the provisions of any federal enactment on the National
Housing Policy, and upon the Governor designating land from time to time
for housing development, the Lagos State Housing Development
Corporation shall liaise with the Federal Mortgage Bank of Nigeria to
provide mass housing schemes in Lagos State for Lagos State civil
servants, and other interested members of the public within Lagos State”

Question 1:
(a) In one sentence, identify or description the legal subject saddled with putting
the law into effect.
(b) In one sentence, explain the legal action intended by the legislature.
(c) In not more than four sentences identify the case, situation or target(s) to
which (or to whom) the intended legal action is confined.
(d) List the ancillary conditions or limitations on performance of which the legal
action operates.

Question 2:
List and explain the five (5) stages of drafting
Question 3:
List and explain any five (5) habits that a draftsman should avoid in drafting.
NLS DRAFTS ON PROFESSIONAL ETHICS

Week 10
LETTER WRITING, MEMORANDUM, LEGAL OPINION, MINUTES OF
MEETINGS, AND CURRICULUM VITAE

LETTER WRITING: Practitioners are required to draft letters of various kinds,

ranging from a covering letter to a letter before a civil action. In drafting letters,
the conventions governing letter writing such as layout, salutation and
complimentary close must be adhered to. Letters are very important in legal
practice because it is the channel through which advice and instructions are
confirmed. As a permanent form of communication, utmost care must be taken
during the preparation stage to:
(a) Ascertain the instructions received from the client; and
(b) Fully understand the purpose and nature of the letter to be written.
It helps the lawyer in choosing the appropriate style, layout, tone and vocabulary
to use. When acting in a professional capacity, a formal style should be adopted.
There are two types of letter: formal and informal letter. Main focus is on formal
letter.

Sample Draft of a Letter

EYEKE KENNETH & ASSOCIATES
Legal Practitioners, Solicitors & Arbitrators
No 18 Muhammad Sani Street, Wuse 2, Abuja
08102959631
(eyekekennethsamuel@gmail.com)
Our Ref: _________________________________ Your Ref: _______________
5th January, 2021
Akpu Peter Ndubusi
No 7 Lawan Road, Lekki
Lagos

Dear Sir,

RE: AVAILABILITY CHECK AND RESERVATION OF THE NAME: CATCH UP

MEDIA LIMITED
We refer to your instruction on the above subject matter.
We are glad to inform you that Catch Up Media Limited has been approved for
registration by Corporate Affairs Commission.
Please be informed that in other to complete the process of registration, we
NLS DRAFTS ON PROFESSIONAL ETHICS

hereby request the following documents:

1. Two passport photographs of the person applying for the registration;
2. N10, 000 (ten thousand naira) being the amount for the filing fees;
3. N20, 000 (twenty thousand naira) being the amount for use of certificate;
4. The address of place of business; and
5. Nature of business.
Thank you.

Yours faithfully,

Eyeke Kenneth Samuel

(Principal Partner)
For: Eyeke & Associates

DRAFT FOR A LETTER OF DEMAND

EYEKE AND ASSOCIATES
Legal Practitioners, Solicitors & Arbitrators
No 18 Muhammad Sani Street, Wuse 2, Abuja
08102959631
(eyekekennethsamuel@gmail.com)
Our Ref: _______________________________ Your Ref: _______________
12th
December, 2020
Ibori Taribowei Success
No 7 Nigerian Law School
Lagos

Dear Sir,
LETTER OF DEMAND
We are the solicitors to Mr Otache Shaibu O. (Our Client) on whose behalf we
write you this letter.
Our client has informed us that on the 12th day of October, 2020 at about 09: 35
am around Abuja Municipal Area Council, he was knocked down by a Mercedes
Car with registration number XYL58 driven by you. Due to this, our client has
suffered injuries and incurred medical bills (details of the medical attention). Our
NLS DRAFTS ON PROFESSIONAL ETHICS

client request that you bear the cost of the medical bills as indicated in the
hospital bill within 7 days from the date of receipt of this letter.
Please find attached the medical receipt attached to this letter.
Take notice that unless you comply within the time stipulated, our client will be
left with no option than to fully take legal actions without further recourse to your
good self.
While we await your response, please be assured of our utmost cooperation.
Yours faithfully
,…………………….
Eyeke Kenneth Samuel
(Principal Partner)
For: Eyeke & Associates

Encl:
Hospital Bill Receipt

MEMORANDUM – INTERNAL COMMUNICATION

Memorandum is a Latin word that means ‘something to be remembered.

Memorandum is an official communication used internally – a way of passing
information to staff in the office. Apart from letters, memorandum can be sent out
but only internally. Memos do not go outside the organisation (the way it differs
from letters). Memorandum is similar to letters in terms of tone but differ in terms
of format.
Memorandum popularly called MEMO is usually short, precise, concise, although
there are times when memo can be long. If there was a notice before, then "Re"
is used. RE is used when there has been a previously discussed issue. E.g. in
reporting to a client on a case, in letter, it will be: RE: TITUS V. EDOZIEM
HC/11/12/10.No need for Dear Sir in memos. The purpose of a memo is to
convey information to colleagues or ask them to do something. It should be easy
to scan and the stakes/information should be stated clearly.
NLS DRAFTS ON PROFESSIONAL ETHICS

Structure of a Memo
1. Sender and Recipient: From - where it is coming from e.g. Deputy-
Registrar. To - where it is going to e.g. to all academic staff.
2. Date– 11th December, 2020.
3. No Salutation: salutation such as “Dear Sir”, are not used in memos.
4. Subject - summary of the message to the recipient (it should not be
clumsy).E.g. NOTICE OF MEETING (it has to be in capital letters). Use RE if
continuation of previous memo.
5. Body - paragraph format (blocked or indented). Style should be formal or
personal depending on your relationship with the person. If coming from
superior, it has to be formal. If between contemporaries, then it can be
informal. But ensure information is brief and concise and straight to the point.
The body normally consists of three paragraphs: opening, middle and closing.
(a) Opening Paragraph: introduces the subject of the memo and provides
the reason for the memo. It can be a statement of the problem.
(b) Middle Paragraph: more details on the subject. It can be a discussion on
why the problem exist. Number/bullet system should be used. Move from
the major to minor issues.
(c) Closing Paragraph: desired action from the recipients and a deadline for
response. It can also be about the suggestion on course of action and the
concluding statement.
6. No Complementary Close - just "THANK YOU".
7. Name, Designation and Signature – of sender.
8. Enclosures, Attachments and Distribution Lists: Enclosures, attachments
and distribution lists are included if necessary.
Draft of a Memorandum
FROM: The Head of Chambers
TO: All legal practitioners
DATE: 5th January 2021
SUBJECT: DIRECTIVES FROM THE PRINCIPAL PARTNER

Dear colleagues

I have been directed to inform you as follows:

1. All lawyers of the firm must specialise in a particular area of law.
2. Attendance at the annual Nigerian Bar Association conference is now
NLS DRAFTS ON PROFESSIONAL ETHICS

compulsory for all lawyers in the firm.

3. Suspension of all arrangement for the training of externs from the Nigerian
Law School 2020 set following the introduction of Stimulated externship by
management of the Institution.

Please forward to me your area of interest for your specialised practice of law
and any comments on how to effectively train the externs and the compulsory
attendance at the NBA conference by 10th January 2021.

Thank you.
(Signature)
Mrs Ashley Alobi O
Head of Chambers

CC:
Mr Eyeke Kenneth
Principal Partner

LEGAL OPINION
Legal opinion is a letter written by a lawyer to his client, in respect to a subject
matter, giving his professional or legal opinion/advice e.g. when a Bill is in
formation at the House of Assembly or from the AG’s office.
General Contents of a Legal Opinion
1. Introduction: cite the fact that writer has been authorised/briefed to write a
legal opinion on…. The authorising official must be stated and the capacity in
which he is authorising the writing of the legal opinion.
2. Summary of the Facts: the legal opinion should contain a summary of facts
where they are available. Where the facts are vague, writer should ask for
clarification from the authorising official e.g. company wishing to merge asks
the company secretary for a legal opinion on the merger.
3. Applicable Laws: What the applicable law is if one exists e.g. what the law
states in relation to the topic. Sometimes, the possible law may be
multifaceted. Start with the one that is in the favour of your opinion down to the
least favourable.
4. Application of Law to the Facts: Apply the law to the facts of the case.
5. Conclusion: In certain circumstances where there is more than one
conclusion, start with the best conclusion and move down to the options.
NLS DRAFTS ON PROFESSIONAL ETHICS

Conclude by stating what you think should be done based on the facts of the
case.
6. Signature: Sign the legal opinion.
Guidelines to Legal opinion
1. Restrict answer to which opinion is sought. Avoid general discussion.
2. Make the answer clear, simple and comprehensible to the recipient.
3. State the opinions’ limitations if any (e.g. you did not have access to all the
necessary relevant information/data).
4. Address all sides to the issue in an objective manner and state your opinion
(avoid balancing arguments).
5. The opinion should be stated in paragraphs with headings and sub-headings
where necessary
6. Checklist: Date, recipient’s address, the heading, opening/introduction, facts,
the law, my conclusion i.e. state the conclusion (sometimes an executive
summary is attached to this memo) and then explain on how I arrived at the
conclusion i.e. by merging the facts to the law, closing, name, signature and
office address of the writer.

Sample Draft of Legal Opinion and Covering Letter

As a counsel, Chairman of INEC has briefed you to write a legal opinion on the
rights of internally displaced persons (due to floods and insurgency) to vote in the
forthcoming general elections in Nigeria.

Legal Opinion

Introduction
I, Eyeke Kenneth Samuel of Obi Okoyo Chambers, at No 1 Dr Badmus Street,
Anambra State have been engaged by Professor Mahmood Yakubu the
Chairman of the Independent National Electoral Commission to write a legal
opinion on the right of internally displaced persons to vote in the 2015
gubernatorial elections.

Summary of Facts
Currently, in Nigeria, there are internally displaced persons due to floods and the
activities of insurgents in the North East of the country. Internally displaced
persons are persons who are no longer in their normal place of abode and have
had to seek refuge elsewhere. For instance, in Borno State, persons have fled
NLS DRAFTS ON PROFESSIONAL ETHICS

due to the activities of Boko Haram to neighbouring states in and outside Nigeria.

Relevant Statutory and Case law

Article 2(1) of the African Union Convention for the Protection and Assistance of
Internally Displace Persons in Africa (Kampala Convention) states that all
signatory states should ‘take necessary measures to ensure that internally
displaced persons who are citizens in their country of nationality can enjoin their
civic and political rights, particularly public participation, the right to vote and to
be elected to public office’. Nigeria ratified this Convention in 2012 and therefore,
it is bound by this law. Also see Elemelu v INEC where the court said that
prisoners and persons in Diaspora are not excluded from voting to vote – note
that this case law is not conclusive. The Electoral Act 2011states that Nigerians
above 18 years may register to vote if they are ordinarily resident, originate from
or work in any registration area.

Recommendation
Based on the Kampala Convention, INEC has a duty to take all necessary
measures to ensure that those within the country are to register and obtain their
permanent voters’ card in order to vote in the upcoming elections. In addition, the
Electoral Act provides some flexibility in the law so that any person resident in
Nigeria may register to vote, even those internally displaced. The issue is what
necessary measure Nigeria should take even within limited resources.

Covering Letter Forwarding the Legal Opinion to the Chairman of INEC

EYEKE KENNETH & ASSOCIATES
Legal Practitioners, Solicitors & Arbitrators
No 1 Dr Badmus Street, Anambra State
08102959631
(eyekekennethsamuel@gmail.com)
Our Ref: ________________________________ Your Ref: _______________
4th January, 2021

For the attention of Professor Mahmood Yakubu

Chairman, Independent National Electoral Commission
436 Zambezi Crescent
Maitama District
Federal Capital Territory
NLS DRAFTS ON PROFESSIONAL ETHICS

Abuja

The Chairman, Independent National Electoral Commission

LEGAL OPINION ON THE VOTING RIGHTS OF INTERNALLY DISPLACED

PERSONS
Pursuant to your letter of request dated 1 st of November, 2019 asking for a legal
opinion on the right of internally displaced persons to vote in the forthcoming
general election, I am pleased to inform you that the legal opinion is ready.

Please find enclosed, the copy of my report on the issue above. Do not hesitate
to contact me if you have any further queries.

Yours faithfully,

_________________
Eyeke Kenneth Samuel
For: Eyeke Kenneth & Associate

Encl
1. Legal opinion on voting rights of internally displaced persons.

MINUTES OF A MEETING
Minutes is a summarised record or written summary of the points discussed at a
meeting, that is, an official written message – attendance of members,
discussions, decisions, who is responsible for what, actions/steps to be taken
etc. It is important for a lawyer to learn the art of drafting minutes because of the
organisation of law firm and most company secretaries are lawyers and it is the
duty of the secretary to produce minutes.
Tips in Writing Effective Minutes of Meetings
1. Know the Purpose – Before writing minutes, you must know the purpose of it.
First, a report of meeting minutes is an official record of the meeting (i.e. a
legal document). But it is just not the type of record you write, print out, file and
then forever forget. It provides a historical account of official business and
operational decisions, and involvement of people making the decisions.
NLS DRAFTS ON PROFESSIONAL ETHICS

2. Keep It Concise – Keep the key information in order and make sure you do
not miss critical info. You only have certain limited time and it will be impossible
to write every single thing discussed during a meeting. So, keep it concise, i.e.
compact and short. Take notes of the issues discussed, major points raised
and decisions taken. Make sure what you write will be easily understood, and
usable in the future.

3. Get the Right Info and Follow the Right Format – To keep it short, here are
list of information that should be in your minutes of meeting: Time, date and
venue of meeting; List of attendance (and their position); Agenda of meeting –
key agenda, details, and specific action plan, and owner/executor of the plan;
and the name of person taking minutes.

4. Keep a Record – Normally, after minutes are hand-written, they are

transferred into a proper computerised document (e.g. Microsoft Word or
Excel), properly restructured, save and printed out. Good and fast typists can
immediately record conversation into the computer/laptop, where this requires
less time for fine tuning later on. The minutes are then distributed among the
attendees of the meeting, or those who will be responsible to take actions as
regards to what is discussed during the meeting should be avoided.

Basic Contents of Minutes

1. Heading (minutes of…state nature of, place, date and time of the meeting)
2. Attendance at the meeting (list of those in attendance and those not present,
if practicable)
3. Opening remarks/prayers
4. Adoption of agenda
5. Minutes of last meeting, matters arising and adoption of the minutes
6. Agenda of the meeting (discussion of agenda and issues arising there from)
7. Reports
8. Resolutions
9. Any other business (AOB) that is not included in the agenda
10. Conclusion
11. Adjournment and closing remarks/prayers
12. Signatories (Secretary or Chairman and Secretary)
NLS DRAFTS ON PROFESSIONAL ETHICS

Drafting Rules of Minutes

1. It should be a simple language
2. It should be clear
3. It should be precise
4. It should be proof-read.

Sample Draft of Minutes of Meeting

THE MINUTES OF THE 1ST ANNUAL GENERAL MEETING
OF
PENIELGLOBAL LTD
HELD AT NO 3 ELIM TOP SUITE, NLS BWARI, ABUJA ON 5TH JANUARY
2021 AT 9AM.

Members Present:
1. Prof. Afolabi Samuel
2. Mr. Johnson Olatunde Ayo
3. Barr. Simi Johnson
4. Mr. Kizzy Okoye
5. Mr E. E. Edward

Members Absent:
1. Miss Ngowari Solomon

In Attendance:
1. Mr. Gideon Edem
2. Barr Eyeke Kenneth

Agenda:
1. Presentation of Certificate of Incorporation
2. Appointment of Chairman
3. Appointment of Secretary
4. Appointment of Banker and Auditor
5. Adoption of Pre-incorporation contract
6. Any other Business
NLS DRAFTS ON PROFESSIONAL ETHICS

Opening:
The Chairman confirmed that notice of the meeting had been given to all the
directors of the Company and that a quorum of the board of director was present
at the meeting. The meeting commenced at 10 am and Prof. Afolabi Samuel
welcomed the members of the Board to the inaugural meeting.

Presentation of Certificate:
The Chairman informed the Board about the successful incorporation of Peniel
global Ltd and the Certificate of the Company was presented by Barr. Eyeke
Kenneth. The certificate was to be photocopied and placed in conspicuous place
at the registered and branch offices of the company.

Appointment of Chairman and Secretary:

Mr. Johnson Olatunde Ayo was appointed the Chairman of the Board and Mr.
Okoyo Kizzy nominated Prof. Afolabi Samuel as secretary of the Company.

Appointment of Banker and Auditor:

Zenith Bank Plc, Bwari, Abuja was appointed as the banker of the company while
the firm of Egbu Amarachi & Co. was named as the Auditor of the Company.

Any Other Business:

There being no further business, the meeting was brought to an end at 11am.

Adjournment, Closing Remarks and Prayers:

The meeting adjounrned and a closing prayer was said by Eyeke Kenneth.

________________ _________________
Chairman Secretary
NLS DRAFTS ON PROFESSIONAL ETHICS

THE MINUTES OF THE 3RD BOARD OF DIRECTORS MEETING

OF
PENIELGLOBAL LTD
HELD AT NO 3 ELIM TOP SUITE, NLS BWARI, ABUJA ON 5TH JANUARY
2021 AT 9AM.

Members Present:
1. Prof. Afolabi Samuel- Chairman
2. Mr. Johnson Olatunde Ayo-Director
3. Barr. Simi Johnson- Director
4. Mr. Kizzy Okoye- Director
5. Mr E. E. Edward- Director

Members Absent:
1. Miss Ngowari Solomon- Director

In Attendance:
1. Mr. Gideon Edem- Company Secretary
2. Barr Eyeke Kenneth- Auditor

Opening:
The Chairman confirmed that notice of the meeting had been given to all the
directors of the Company and that a quorum of the board of director was present
at the meeting. The meeting commenced at 10 am and Prof. Afolabi Samuel
welcomed members of the Board to the Meeting.

Reading and Adoption of the Agenda

The Agenda of the meeting as contained in the Notice of Meeting was read and
adopted by all members present.

Reading and Adoption of the Minutes of Last Meeting

The minutes of the last meeting held on the 7th of October, 2020 was read by the
Secretary and was unanimously adopted by all members present

Matters Arising
The Chairman proposed in opening of the company’s branch in two more
locations in order to expand the business outreach of the company.
NLS DRAFTS ON PROFESSIONAL ETHICS

Chairman also raised the establishment of the company foundation in order to

promote the corporate social responsibility of the company.

Resolutions
Members resolved to open new branches in Abakaliki and Yobe which will serve
as the company regional headquarters of both Southeast and Northeast
respectively
Members resolved to register a company limited by guarantee in order to
promote the corporate social responsibility of the company.

Any Other Business:

There being no further business, the meeting was brought to an end at 11am.

Adjournment, Closing Remarks and Prayers:

The meeting adjounrned and a closing prayer was said by Eyeke Kenneth.

________________ _________________
Chairman Secretary

CURRICULUM VITAE/RESUME

This is a brief account of a person’s qualifications and previous occupations, sent

with a job application (personal details, education and work experience: state of
origin, date of birth/age). Summary of applicant’s qualifications and suitability for
the job sought. A targeted marking tool as tailored to particular job.
Vitas and resumes both have similar purposes – as marketing documents that
provide key information about your skills, experiences, education, and personal
qualities that show you as the ideal candidate. Where a resume and curriculum
vitae differ is their use, format, and length.
Curriculum Vitae – often called a CV or Vita – tends to be used more for scientific
and teaching positions than a resume. Thus, vitas tend to provide great detail
about academic and research experiences. Where resumes tend toward brevity,
vitas lean toward completeness.
Unlike resumes, there is no set format to vitas. While vitas do not have the one-
page rule of resumes, you need to walk the line between providing a good quality
NLS DRAFTS ON PROFESSIONAL ETHICS

of depth to showcase your qualifications and attract potential employer interest

and providing too much information thus appearing verbose and turning off
potential employer interest.
The Dos and Don’ts
1. Tailor resume to the positions you are applying for.
2. Lawyers should be brief and straight to the point.
3. Information should be arranged in a chronological order (current or most
recent position/qualification first).
4. Lead with your strongest suit – usually employment but if fresh graduate or
career changer then education.
5. Make your resume easy to scan.
6. Select details that support your goal-duties and achievements that make you
shine in that particular job. Focus on achievements and quantify them.
7. Use strong verbs in your job description: instead of responsible for the
supervision of 7 staff members, use supervised a staff of 7.
8. Add a volunteer section.
9. Note honours and awards.
10. Be careful about hobbies e.g. extreme sport may be a red flag about risk of
injury and missing work.
11. Keep several different resumes for different job positions. Remember a
resume is a targeted marketing tool.
12. Don’t lie.
13. Don’t use tiny fonts and narrow margins to bring in more info on the page.
14. Don’t use technical terms or jargons.
15. Don’t use unusual formatting – some software screen resume and reject
yours.
16. Don’t recap your job description in the work experience section.
17. Don’t leave gaps in the resume – enrol in education program or training.

Contents of a CV
1. Name
2. Address (home or permanent, not P. O. Box)
3. Telephone and e-mail address (if any)
4. State of origin
5. Schools attended (from highest to lowest)
6. Educational qualifications with dates (from highest to lowest)
7. Area of specialisation (tailored to the job you are applying for)
NLS DRAFTS ON PROFESSIONAL ETHICS

8. Employment record
9. Present position
10. Summary of present job schedule
11. Cognate experience
12. Referees
13. Signature and date
Sample Draft of a Curriculum Vitae

CURRICULUM VITAE
NAME
ADDRESS
TELEPHONE
EMAIL

A) PERSONAL DATA
NAME:
SURNAME:
DATE OF BIRTH:
NATIONALITY:
STATE OF ORIGIN:
SEX

B) EDUCATIONAL BACKGROUND/ PROFESSIONAL QUALIFICATION

SCHOOL CERTIFICATE OBTAINED YEAR
University backwards

C) WORKING EXPERIENCE
COMPANY POSTION HELD PERIOD

D) ASSOCIATIONS
E) REFEREES: one academic and one employment referee

F) SIGNATURE AND DATE

NLS DRAFTS ON PROFESSIONAL ETHICS

ASSIGNMENT
Timothy Ebuka, a legal practitioner with the law firm of Humility Chamber at
No.5, Kanta road,Yola. In 2018 he was engaged to represent Alhaji
Ibrahim Ali of No.10 Enugu Road, Yola for recovery of 300 million Naira
balance owed to Alhaji ibrahim Ali by Hakuna matata University Yola,
Adamawa State for the construction of an ultra modern auditorium with
three thousand (3000) sitting capacity which was completed since
February 2017. The matter was before Adamawa State High Court No.5.
On 13th April 2018 when the matter was slated for hearing, he could not go
to court due to ill health. Consequently, he wrote to the court informing it of
this fact.

On 20th September 2018, the court delivered its judgment in the matter in
favour of Alhaji Ibrahim Ali for the sum of 300,000 million Naira.

Answer the following questions;

1. Alhaji Ibrahim Ali having retained Timothy Ebuka as his counsel, and
want his instruction to be in writing, draft the appropriate letter.
2. Draft the letter that was issued to Hakuna Matata University by
Timothy Ebuka asking for the payment of the sum owed Alhaji
Ibrahim Ali.
NLS DRAFTS ON PROFESSIONAL ETHICS

Week 11
LEGISLATIVE DRAFTING

Legislation is the making of laws or it could be said to be the process of writing

and passing laws. Legislative drafting, however, can be described as the process
of drafting bills and other legislative enactments including subsidiary legislations
and administrative orders, notices, warrants, permits, and similar documents.
Drafting is a skill aimed at constructing a document that achieves a purpose
required of it by the client, lawyer and the law. Drafting is the initial preparation of
that document. Drafting skill involves the construction of documents, both formal
and informal. It necessarily involves the selection of words and expressions.
Legislative drafting like any other form of legal drafting is an institutionalised
means of communication. The essential distinction is that unlike other forms of
legal drafting which may be easily altered or changed, legislative drafting is more
of a permanent enactment which stands on its own and speaks for itself without
any form of assistance, elucidation or explanation from the drafter or draftsman.
Legislations are made to govern and regulate human conduct within a society.
Where a legislation is drafted with clumsy and ambiguous language or phrases, it
might cost members of the public on whom the legislation is administered long
years of battles and litigations with attendant huge cost. It is imperative that a
great deal of care and diligence be exercised in drafting enactments to reduce as
much as possible the probable difficulties and confusion that may befall the
future administration and interpretation of enactments.
Thus, the legislative drafting process may be said to begin with the receipt of
drafting instructions and ends with completion of the draft. For there to be a
legislative drafting, there must be a legislative draftsman.

EXERCISE
Onicha Local government area of Ebonyi State is known to be very rich in
Limestone, Salt, Coal and tantalite. Since 2011, when the Federal Government
shifted the development to solid minerals, there has been an upsurge in the
mining of gold and tantalite in the area in a very indiscriminate and unregulated
manner. These mining activities are beginning to have harmful impact on the
environment and there is strong erosion as a result in the area.
The Governor of Ebonyi State, after many deliberations with the senators from
the state, has agreed that there is an urgent need for a law regulating mining and
prohibiting the mining of these minerals without a government licence and for
NLS DRAFTS ON PROFESSIONAL ETHICS

penalties to be imposed on offenders who violate the proposed legislation. It will

commence as determined by the Minister for Solid Mineral. The law will also
provide for a Solid Minerals Extraction Commission.
The order will be: Long title, Preamble, Commencement, Enacting Clause,
Establishment Clause, Interpretation Clause, Short title (LPCEEIS)
Draft the following clauses in their appropriate order:

1. Long Title: A BILL FOR AN ACT TO REGULATE THE MINING OF SOLID

MINERALS, PROHIBIT MINING OF SOLID MINERALS WITHOUT A
GOVERNMENT LICENCE, PROVIDE FOR SOLID MINERALS
EXTRACTION COMMISSION AND FOR THE PURPOSE CONNECTED
THEREWITH

2. Preamble: This bill is enacted by the National Assembly of the Federal

Republic of Nigeria to establish the Solid Minerals Extraction Commission
which will regulate mining of solid minerals and prosecute offenders who
mine solid minerals without government license thereby preventing the
indiscriminate and unregulated mining activities causing erosion and other
harm on the environment.

3. Commencement: The Act shall commence on a date to be determined by

the Minister for Solid Minerals. Or

Commencement: [ 2nd January, 2021]

4. Enacting Clause: ENACTED by the National Assembly of the Federal

Republic of Nigeria as follows:

5. Establishment Clause: There shall be established a body to be known as

the Solid Minerals Extraction Commission which shall be a body corporate
with perpetual succession and a common seal with its headquarters at No 30
Maitama Way, Maitama, Abuja.

6. Interpretation Clause: “Minerals” means gold and tantalite

7. Short Title: This Act may be cited as The Solid Minerals Mining Act 2015
NLS DRAFTS ON PROFESSIONAL ETHICS

WEEK 11 ASSIGNMENT
Kidnapping and armed banditry have been on the increase in recent times
in Zamfara State. Regrettably, several persons have been killed and
property worth millions of naira destroyed by armed bandits. The state
government is worried by the nefarious activities of the armed bandits and
has resolved to enact a law that will prescribe death penalty for kidnapping
and armed banditry. Under the law, a body will be established to strictly
monitor the implementation of the law. The law when enacted will come in
to force on the day the governor assents to it.
As a counsel in the Zamfara State Ministry of Justice, the solicitor-general
has instructed you to prepare a bill that will be presented to the Zamfara
State House of Assembly for the enactment of the legislation.
Answer the following questions
1. Identify the stages you will follow to enable you prepare the bill for
presentation to the House of Assembly
2. Assuming analysis is one of the stages you identified in 1 above,
mention the factors that will be considered in that stage
3. Draft the following parts of the proposed legislation
a. Long title
b. Commencement
c. Short title
d. Enacting Formula
e. Establishment Clause
f. Interpretation Clause by giving the word kidnapping a closed
definition and armed banditry an open definition
4. State three duties you owe the Zamfara State Government in the
circumstance
5. Mention three qualities you need to possess that will help you to
properly carry out the assignment.
NLS DRAFTS ON PROFESSIONAL ETHICS

Week 12
RULES OF INTERPRETING STATUTES

The main reason for interpretation is to know the intention of the law maker.
Under the CFRN 1999, there are three arms of government: legislature – law
making; executive – enforcement of law; and the judiciary – interpretation. See
Section 4, 5 & 6 CFRN. The judiciary interprets the constitution and the statutes.
The function of judiciary is exercised by the courts in Nigeria. See Section 6(5)
CFRN. The interpretation of statutes and documents is one of the most important
functions of the courts. In interpreting statutes and documents, the courts usually
use the tools of interpretation, namely: decision of superior courts, punctuations,
interpretation act, rules of interpretation of statutes, law dictionaries, text books
(legal text), definition clauses, marginal notes, schedules, preambles and long
title, interpretation sections, recitals, thesaurus, and case law. In addition, the
courts have laid down certain rules as guiding principles in interpreting statutes
and documents.

RULES OF INTERPRETATION

Literal Rule: This is the first rule of interpretation developed and it involves the
interpretation of a particular provision as it is literally speaking. Thus, when the
words of the statute are plain and unambiguous, its ordinary meaning should be
adhered to. See Ojukwu v Obasanjo, Awolowo v Shagari, Akintola v
Adegbenro, Ekeogu v Atiri, and Idehen v Idehen

Golden Rule: It is an offshoot of the literal rule in that after interpretation of a

statute using the literal rule and it leads to absurdity, then the words of the
legislation will be modified to give effect to the position of the statute. Thus, the
Golden rule will be used when the ordinary meaning of the statute would lead to
absurdity. See Lee v Knapp, Bronik Motors v Wema Bank Plc,
NLS DRAFTS ON PROFESSIONAL ETHICS

Mischief Rule: The rule says that in construction of the provisions of a statute,
the history of the legislation that is the circumstances surrounding the making of
the law should be considered. The rule was developed in Heydon’s Case and
the court laid down four principles as a guide.
1. What was the position of the law before the statute was enacted?
2. What was the defect or mischief which the old law did not provide for?
3. What was the remedy proposed by the new statute?
4. What was the true reason for the remedy?
The rule was applied in the following cases: Smith v Hughes, Savannah Bank v
Ajilo, President v National Assembly, and Abioye v Yakubu.

Ejusdem Generis Rule:This rule states that where particular words of the same
kind or class are followed by a general word (a generis), the meaning of the
general word will be limited to the things similar to the class of things earlier
enumerated. E.g. ‘All students should not eat cornflakes, golden morn and other
cereal’ - cereals will be interpreted in the class of cornflakes, golden morn. In
other, to exclude the ejusdem generis rule, the following devices can be adopted:
‘Including but not limited to’ or ‘without prejudice to the generality of the
following’. The rule was applied in the following cases: Ojukwu v Obasanjo,
Jammal Steel Structure v ACB, and FRN v. Ilegwu.
NLS DRAFTS ON PROFESSIONAL ETHICS

WEEK 12 ASSIGNMENT ON INTEPRETATION OF STATUTES

Section 1(a) of the Code of Conduct for the Members of the Nigerian Law School
Community provides that: “The SRC President shall have the power to seize the
mobile phone(s) of anyone found using it in class during lectures.”
Section 2 of the Code provides that: “Where a student is alleged to have
committed any misconduct, a query letter calling for his response to the
allegation against him shall be issued to him, after which a panel shall be set up
to investigate the alleged misconduct”.
Section 3 of the Code provides that “Where a student is caught cheating in an
examination, a panel shall be set up to investigate the matter and if found
culpable, the student shall be expelled”.
Section 4 of the Code provides that “A student, a lecturer, a cleaner of the Law
School, a System Technician of the Law School or any other person that enters
the Lecture Auditorium must clock in their names on a computer”.
Mr. Ademora, a lecturer at the School and Chinedu were observed using their
phones in class during a Property Law Practice Lecture.
Mr. Ademora during the course of the said lecture informed the class that one of
the reasons for the enactment of the Land Use Act was the problem faced by
Government at all levels in acquiring land for developmental projects. Hence, all
land in the country by the provisions of the Act became vested in the Governor of
each state with powers to grant rights of occupancy to occupiers of land and also
deem occupiers of land who were in occupation of any land immediately before
the enactment of the Land Use Act as deemed holders of Rights of Occupancy.
He now posed a question to the class asking “whether a customary tenant could
be deemed as the holder or owner of a right of occupancy over and above his
landlord simply because the customary tenant was in occupation of the said
land”?
Guy Bobo was caught cheating during the Bar Final Examinations, a panel was
set up to investigate the matter, he was found culpable and was subsequently
expelled. He has sued the Council of Legal Education in Court contending
among other issues that a condition precedent which is the issuance of a Query
Letter to him was not met, hence his expulsion from the school is a nullity and
prayed for an order of court admitting him to the Nigerian Bar and declaring him a
Barrister and Solicitor of the Supreme Court of Nigeria.
NLS DRAFTS ON PROFESSIONAL ETHICS

1. With the aid of appropriate Rules of Interpretation of Statutes, advise the

SRC President on why his powers of seizure of phones would not be
applicable to Mr. Ademora but may be enforceable against Chinedu.
2. As the judge in the suit filed by Guy Bobo, which of Rules and Maxims of
Interpretation of Statutes would you employ in rejecting Guy Bobo’s
contention regarding the non - issuance of a query letter to him as a
condition precedent to his investigation and subsequent expulsion?
3. As the judge in the suit filed by Guy Bobo, what Rules and Maxims of
Interpretation of Statutes would you employ in rejecting Guy Bobo’s
prayers for admission to the Nigerian Bar by an order of court?
4. With regards to the question posed by Mr. Ademora in class, what Rule of
Interpretation of Statutes would you use in answering Mr. Ademora’s
question in the negative? State the steps you would consider when
applying the most appropriate Rule of Interpretation of Statutes in this
circumstance?
5. Assuming the Minister for Justice and Attorney-General of the Federation
pays a visit to the Law School, enters the Lecture Auditorium without
clocking in his name on the computer, what Rule of Interpretation would
you employ in justifying his exclusion from the application of Section 4 of
the Code?
NLS DRAFTS ON PROFESSIONAL ETHICS

Week 13
ADVOCACY PRACTICE; LEGAL RESEARCH AND CLOSING OF FILES

Advocacy practice for the bar finals is compulsory. It can come out in either law
in practice, civil litigation or criminal litigation. When discussing advocacy
practice, the provisions of the Evidence Act – Sections 214, 215, 221 among
others must be made reference to.

Advocacy is a Latin word gotten from “advocare” which means “to speak out”.
Advocacy refers to the process of pleading the cause of others or handling a
client’s case. It is the art of persuading others (court) to believe in your client’s
version of events. Advocacy is pleading the cause of another. Also, it connotes
speaking out in defense or in aid of a cause or interest of another. There are
different forms of advocacy among which is trial advocacy. Trial advocacy deals
with the vocal skills which a lawyer uses in proceedings before the court or other
bodies in the cause of handling matters for his client. Note that trial advocacy
does not start at the court room but from a legal practitioner’s law firm. The trial
advocacy requires a legal practitioner which does not have any special
disqualification unlike other forms of advocacy where no special qualification is
required.
A legal practitioner without adequate knowledge of the law is not different from
persons who are not lawyers. In addition is the skill which basically is the
application of the knowledge so obtained. Thus, knowledge of the law and skill
goes together especially in the era of frontloading.
NLS DRAFTS ON PROFESSIONAL ETHICS

WEEK 13 ASSIGNMENT ON INTERVIEWING AND COUNSELLING SKILLS

AND ADVOCACY PRACTICE
1. Amaka Olabisi, legal practitioner had just entered the High Court premises for
a matter when she was approached by one Mr. Sanusi Ahmed, a business
mogul. He told her that he had some serious issues with his foreign partners with
respect to a deal that has gone bad and now his partners are threatening to sue
him. He wants to discuss the matter with her as soon as she was done with the
day’s proceeding. He also told her that being a very well known personality, he
would not want people to guess that he has problem so would want their
discussion to be at his private guest house at the GRA, a very serene and quiet
environment.
Mrs. Olabisi informed him that she would be glad to assist him in any way she
could but would need to hear what his story in order to advise and represent him
competently.
Use the above scenario to attempt the following questions:
a. State and explain the Stages/Steps in interviewing
b. Mention 5 essential requirements for an interview
c. What is an interview plan?
d. Mention 3 advantages of interview plan
e. Mention 3 disadvantages of interview plan
f. What is an open question?
g. Mention 3 advantages of open questions
h. Mention 3 disadvantages of open questions
i. What is a Closed question
j. Mention 3 advantages of Closed questions
k. Mention 3 disadvantages of Closed questions
l. Mention the stages/steps in the Clay and Smith model of interviewing
m. Mention the stages/steps in the Mike and Wolfe model of interviewing
n. Mention the stages/steps in the Avrom Sherr model of interviewing
o. Mention the stages/steps in the Brayne and Grimesmodel of interviewing
p. Comment on the request by Mr. Sanusi Ahmed that their discussion should
be at his serene and quiet guest house at the GRA.
NLS DRAFTS ON PROFESSIONAL ETHICS

2. Mr. Inachukwu Okonkwo, a legal practitioner called to the Nigerian Bar in 2007
has been assigned some students of the Nigerian Law School as externs. He, as
part of his duty as a field supervisor, decided to give his externs a test. Below are
some of the question she gave the students:
a. What is Examination-in-Chief
b. Mention 3 functions of Examination-in-Chief
c. What are the qquestioning techniques in an examination-in-chief
d. What is a leading question
e. Who is a Hostile witness
f. What is Cross-examination
g. Mention 5 purposes of cross-examination
h. Mention 4 types of qquestions to avoid in cross-examination
i. What is Re-examination
j. What is a Final Address
k. Mention the contents of a Final Address
NLS DRAFTS ON PROFESSIONAL ETHICS

Week 14
ALTERNATIVE DISPUTE RESOLUTION: NEGOTIATION, MEDIATION AND
MULTI-DOORCOURT HOUSE

ADR simply means Alternative Dispute Resolution. It is the method by which

parties to a dispute reach an amicable resolution of the dispute without the need
to resort to Court or litigation. ADR could be court connected or non-court
connected. It is the former when where the matter was already in court and the
parties agreed on an out of court settlement, while it is the latter where the
parties mutually reach an acceptable agreement without recourse to Court.
Litigation is the traditional method of dispute resolution. Any form of dispute
resolution other than litigation is an alternative dispute resolution method. ADR
and litigation cannot run together, it has to be one at a time. Ideally, ADR is
usually resorted to prior to instituting an action but subject to the circumstances
of each case, it can be resorted to before judgment is given. Thus, pendency of
litigation does not stop ADR as ADR must not necessarily precede litigation. If
litigation is pending and the parties go into ADR, the terms of settlement reached
by the parties would be brought to court and the court will enter and deliver it as
a consent judgment.
Stages of Negotiation
There are essentially five stages of negotiation. However, some authors
categorised them into five to six stages:
1. Opening Stage: In this stage, there is preparation by the parties, and the
parties meet.
2. Agenda Setting Stage: this stage involves setting out the agenda or issues of
the negotiation.
3. Bargaining Stage: The parties discuss the items one after the other or issues
involved in dispute or anticipated. Here the style, tactics, and strategies are
adopted.
4. Closing Stage: The parties summarise what they have agreed on and reduce
it into writing.
5. Execution Stage: This is the stage where the parties sign the binding
agreement between them. Where there is an action pending in court, the
agreement will be filed in court and consent judgment will be given to it.
Plea Bargaining
This is the form of negotiation that takes place in criminal cases. This is a
situation where the prosecutor enters into an agreement with the accused on the
NLS DRAFTS ON PROFESSIONAL ETHICS

sentence he is going to recommend to the court or on the charges he is going to

bring against the accused person in court in exchange for a plea of guilty from
the accused to save the prosecutor from the stress of a full trial. There are two
types of plea bargaining:
1. Charge Bargaining: this involves negotiations between the prosecutor and
the accused as to the charge the prosecutor would bring or maintain against
the accused person in exchange for a plea of guilty by the accused person.
2. Sentence Bargaining: this relates to a negotiation by the prosecutor with the
accused person on the type of sentence he is going to recommend to court in
consideration of a plea of guilty by the accused person.
It must be noted that all the strategies, styles and tactics involved in negotiation
in civil cases also apply to plea bargaining. However, one difference is that in
plea bargaining the State is always the stronger party and dominates the
process.
MEDIATION
Mediation is an offshoot of negotiation. This is because negotiation creates a
polarised situation; one on one side and other on the other side. Even when
parties are represented in negotiation, the position still does not change. Also, is
the fact that negotiation is based on win - lose situation or ends with such.
Mediation is triangular in that there are two parties and a third party in the middle.
Note, however that for a person to be a good mediator, such person must have
excellent skill of negotiation. It is not easy to negotiate a different situation but
with a third party, it would be easy for the parties to resolve their dispute. Note
that block-communication which is a feature of negotiation does not arise in
mediation.
Stages/Steps in Mediation
1. Introduction Stage: The mediator introduces himself to the parties and makes
opening statement. The parties also introduce themselves.
2. Telling the Story Stage: In this stage, each party tells his story and the basic
rule is that no interruption. Even in multi-party mediation each group must
present their story.
3. Identifying the Facts and Issues Stage: After the parties have told their
story, the facts that can lead to cause of action are to be drawn out. Thus, the
mediator helps identify material facts and relevant issues in dispute.
4. Alternative Resolutions Stage: At this stage, each party is to think of a
solution and list out the solutions.
5. Revising and Discussion Stage: At the stage where parties think of
NLS DRAFTS ON PROFESSIONAL ETHICS

solutions, the parties would have taken a hard line, thus the mediator would
help the parties to review the solution.
6. Agreement Stage: The agreement reached must be presented to the parties
and reduced into writing. There must be an enforcement clause inserted to
cover breach by either party.
7. Closing the Proceeding Stage: In this stage, parties exchange copies of the
agreement. Also, parties share compliments and the mediator ends the
proceedings. Note that expert witnesses are allowed in mediation proceedings.
Also, everything that happens is admissible in litigation. Note that disputes are
part of human existence and even though dispute cannot be resolved it can be
managed; and when dispute arises always look for the proper process to
resolve the dispute.

WEEK 14 ASSIGNMEN ON ADR

Mr. Okon Samuel was allotted Plot 1268 Maitama Cadastral district by FCDA
Abuja on 20th January, 2010. In 2015, he carried out a survey of ‘his’ property
and commenced the development of a 6 storey office complex. He was on the
fourth floor when Mr. Sule Onigbanjo went to court to obtain an injunction
restraining him from continuing the development on his (Mr. Onigbanjo’s) land.
On inspection of the cadastral survey map of Maitama, it was discovered that the
plot Mr. Okon had been developing was the adjacent Plot 1266. The parties have
agreed to submit their dispute to mediation at the instance of the District
Governor of Rotary International District 9130 under which is their Club, Rotary
club of Maitama. Both of them are Rotarians. The parties have agreed to respond
to mediation by Chief Oloro.
During the mediation session, Chief Oloro clearly pointed it out to both parties
that the plot being developed by Mr. Okon was the adjacent plot 1266. The
parties are seeking amicable resolution of the issues which culminated in the
order of interlocutory injunction.
i. Advise the parties on the other ADR options open to them apart from the
one mentioned in the scenario.
ii. What negotiation strategy would be most appropriate to ensure the matter
is withdrawn from court?
iii. Give at least 5 reasons why you would advise the parties not to proceed
with the case in court.
iv. Identify the stages Chief Oloro will go through to get the matter resolved as
stated in the scenario above.
v. Apart from the scenario above, identify the other types of disputes where
Mediation may be applicable.
NLS DRAFTS ON PROFESSIONAL ETHICS

Week 15
ARBITRATION AND CONCILIATION

Conciliation is a system of ADR where a third party known as the conciliator

uses his best endeavours to bring the disputing parties to a voluntary settlement
of their dispute. This is the process of settling a dispute in an agreeable manner.
It is a method by which a neutral third (3rd) party meets with the parties to a
dispute, and explores how the dispute might be resolved. However, he may
deliver his opinion as to the merit of the dispute in necessary cases. The
conciliator is a neutral person who decides and awards nothing and he is not
bound to observe the strict rules of natural justice.
ARBITRATION
Arbitration is an ADR mechanism where parties to a dispute submit to an
arbitrator(s) to resolve dispute. In other words, arbitration is simply a private
litigation. This is because its proceedings are not that formal. Arbitration stands
alone in relationship to other ADR thus it is Arbitration and ADR.
Methods of Originating an Arbitration Process

A. Arbitration Clause or Separate Arbitration Agreement: An arbitration

clause is sometimes found in contractual agreements. The position of the law is
that parties to an agreement which contain arbitration clause must first abide by
the arbitration clause before going to court. See Scott v Avrey, When a party to
an arbitration clause in an agreement, proceed to court contrary to the arbitration
clause, the other party can apply for stay of proceeding and the court, upon
fulfilment of the relevant conditions will stay the action. See Sections 4 and 5
Arbitration and Conciliation Act.

B. Statutory Arbitration Clause: Statutes establishing some bodies stipulate

that disputes between the body and another party shall first be referred to
arbitration. Such provision serves as a bar on the right of any of the parties to
institute any action in court until the arbitration has been taken and concluded

C. Post Dispute Agreement to Refer to Arbitration: Where the parties to the

arbitration did not insert an arbitration clause in their original agreement, they
may subsequently agree in writing to refer the matter to arbitration after the
dispute arose. Where the parties do this and refer their dispute to arbitration, they
NLS DRAFTS ON PROFESSIONAL ETHICS

cannot resort to court until the arbitration is concluded.

D. Reference by the Court: The court can do this suo motu or upon application
of a party. Instances where a court would refer parties to arbitration include
where a party goes directly to court in breach of the arbitration agreement, or
where one of the parties is refusing to enter into arbitration despite the arbitration
agreement. See Section 7 ACA (use statute and put details of court compelling a
party to go into arbitration).
Types of Arbitration
1. International Arbitration: this is where the parties to the arbitration are from
different countries or where the dispute arose out of business carried on in
different countries by the parties. Such arbitration is usually governed by
International conventions and treaties.

2. Domestic Arbitration: this type of arbitration is conducted between parties in

the same country and in respect of disputes arising within that country. The
transaction giving rise to that dispute and the obligations of the parties are all
within that country.

3. Ad Hoc Arbitration: Where there is dispute parties go to arbitration. The

parties are in control. Section 63(1) Lagos State Arbitration Law 2009
defines it as an arbitral proceeding that is not administered by an institution or
other body and which requires the parties themselves to make their own
arrangements for selection of arbitrators and for designation of rules,
applicable law, procedures and administrative support.

4. Institutional Arbitration: this refers to arbitrations conducted by arbitral

institutions such as the London Court of International Arbitration, Chartered
Institute of Arbitrators, American Arbitration Association, Lagos Multi-Door
Courthouse, and the Abuja Multi-Door Courthouse. Each of these arbitral
institutions has its own regulations which govern any arbitration conducted by
the body..

5. Customary Arbitration: this is not covered by ACA and customary arbitral

awards are not enforceable in the same manner as ordinary arbitral awards.
Customary arbitration is usually conducted in accordance with the customs,
usages, and trade practices of a particular community or group of people.
NLS DRAFTS ON PROFESSIONAL ETHICS

6. Others:
(a) Commercial arbitration
(b) Maritime arbitration
(c) Trade dispute arbitration

SAMPLE DRAFT (ARBITRATION CLAUSE)

In the event of any dispute between Eyeke Kenneth Sugar Ltd of No 18 Bagauda
Road, Kano and ADG Investment Ltd of No 5, Sanngo Road, Saki, Oyo State
under the Joint Venture Agreement, the parties shall first submit the dispute to
arbitration. The arbitration shall be governed by the Arbitration and Conciliation
Act, LFN 2004, the language of the arbitration proceedings shall be English
language and two arbitrators shall be appointed by both parties of their choice.

WEEK 15 ASSIGNMENT ON ARBITRATION AND CONCILIATION

United World Limited Inc. (United World) a U.S. based Company engaged
in newspaper paper publication and advertisement, entered into a contract
with Mobile Telecommunications Services (MTS), a Nigerian mobile
telecommunication service company to place an advertisement in a
newspaper known as USA Today in consideration of the sum of $38,250.00
(Thirty-Eight Thousand Two Hundred and Fifty Dollars). The contract
stipulated that MTS was to make payment within 30 days of signing the
contract, coupled with a penalty clause that the advertiser’s failure to pay
within the stipulated time would attract a 1.4% monthly interest rate. The
contract also contained an arbitration clause.
MTS failed to make payment within the stipulated period or at all. Although
it complained that the advertisement came out very late, about five months
after the agreed publication date, MTS accepted its liability to make
payment. When no payment was forthcoming, United World issued a writ of
summons against MTS to recover the advert sum plus interests. United
World also filed an application for summary judgement. In response, MTS
NLS DRAFTS ON PROFESSIONAL ETHICS

filed an application for stay of the court proceedings, stating that the matter
should be resolved by arbitration in accordance with the parties’ arbitration
clause.

Questions
1. In view of the provisions of section 5 of the Arbitration Act and other
principles on arbitration, advise the parties. Support your answer with
judicial authorities.
2. Draft the arbitration clause
3. Mention three ways on:
(a) How arbitration differs from litigation
(b) How arbitration differs from mediation
(C) How arbitration differs from conciliation
4. Mention three similarities between arbitration and mediation and
between arbitration and conciliation
NLS DRAFTS ON PROFESSIONAL ETHICS

Week 16
LAW OFFICE MANAGEMENT; IT IN LAW OFFICE MANAGEMENT

Law office management is the study of the organisation and methods employed
in the law office and the relationship between members of staff of that office on
one hand and their relationship with members of the public with whom they are in
contact. It is also concerned with the development of human and other resources
in a law office. The study of law office management is important because the
success of a legal practitioner to a large extent depends on his ability to
successfully manage his law office rather than on his academic achievements or
advocacy or drafting skills.

Grouping or Organisation of Firms

Sole Practitionership: This is the smallest unit of law practice in Nigeria and it is
the most common. It is the unit of practice involving one legal practitioner
practicing alone, but employing supporting staff (non-lawyers) to assist him in the
office. He establishes the law firm alone, practices alone, provides capital alone
and manages the law firm alone. He does not employ any other lawyer, just non-
lawyers as support staff.
Sole Proprietorship: It relates to a lawyer who establishes a law firm and
employs other legal practitioners to work for him in the firm together with other
support staff (non-lawyers). It is usually senior legal practitioners who have
capital to establish themselves as sole proprietors. The relationship between the
Sole proprietor and the other legal practitioners is that of employer and
employee..
Associateship: This is a unit of law practice where two or more lawyers
contribute the capital to provide facilities required for a law firm. The capital is
used to secure office accommodation and all other facilities. All the associates
occupy the premises and share the office facilities, they equally contribute to
wages and salaries of supporting staff but each will remain a sole practitioner
because he owns an independent practice and separate clients within the
associateship.
Partnership: This is a unit of law office where two or more persons wishing to
establish a law firm contribute capital to form a partnership. A partnership can be
formed orally or in writing. However, it is advisable to have a partnership
agreement in writing in order to prevent disagreements and problems.
NLS DRAFTS ON PROFESSIONAL ETHICS

SAMPLE DRAFT (LETTER FOR NOTIFICATION OF LAW OFFICE)

EYEKE KENNETH & CO

BARRISTERS AND SOLICITORS
NO. 16 ASO DRIVE NYANYA, ABUJA – NIGERIA
Phone: 08102959631 Email: eyekekennethsamuel@gmail.com

Our Ref: Date: 6th January 2021

The Chairman,
Nigerian Bar Association,
Abuja Branch,
High Court Complex, Maitama,
Abuja.

Dear Sir,
NOTIFICATION OF ESTABLISHMENT OF LAW OFFICE
I, Eyeke Kenneth Samuel, a Legal practitioner called to the Nigerian Bar on 20 th
November, 2018 and enrolled as a Barrister and Solicitor of the Supreme Court
of Nigeria, hereby give you notice of the establishment of my law office situated
at No. 16 Aso Drive Nyanya, Abuja - Nigeria in compliance with Rule 13 of the
RPC 2007.
Please find attached copies of my qualifying certificates and other relevant
documents.
Thank you.

Yours faithfully,

Eyeke Kenneth Samuel

(Principal Partner)
EYEKE KENNETH & CO

ENCLS:
1. Call to Bar Certificate
2. Receipt of payment of practicing fee
NLS DRAFTS ON PROFESSIONAL ETHICS

WEEK 16 ON ASSIGNMENT
(i) LAW OFFICE MANAGEMENT; (ii) IT IN LAW OFFICE MANAGEMEN

Sheila Adams, Jubril Aigbe and Martins Crowther were friends right from the
University of Jalingo, Nigeria. After obtaining their Law degrees, they proceeded
to the Enugu, Kano and Lagos Law School Campuses respectively. They
successfully completed the Bar course and have coincidentally been posted to
Abuja for their Compulsory NYSC programme. In camp, the trio agreed that after
five years of Law practice, they would come together to establish a Law Office.
Sheila said she wanted the office to be established in such a way that the three
of them would pool funds together and be able to share profits when the
occasion arises. Jubril on the other hand agreed to the aspect of pooling funds
but would like a situation where his practice would be independent of other
persons’. He preferred to have separate clientele but did not mind paying for all
office utility and other bills together. Martins said he had always fancied a
situation where he would be his own boss, working on his own but with the
employment of junior lawyers working under him.

Now answer the following questions.

a. What option of Law practice is open to Sheila when she decides to start
practice?
i. State the advantages and disadvantages of this type of Law office
b. What option of Practice is open to Jubril from the description given by him?
i. State the advantages and disadvantages of this type of Law office
c. What option of Law practice is open to Martins from the description of practice
given by him?
i. State the advantages and disadvantages of this type of Law office.
d. Is there any other type of Law practice that the trio have not yet considered? If
so, which is it?
NLS DRAFTS ON PROFESSIONAL ETHICS

i. State the advantages and disadvantages of this type of Law office.

Having been called to the Nigerian Bar for the past two years, Yasmin Danfodio
desires to set up her own Law firm. Her father on the other hand is not convinced
that she is mature enough to start her own Law office. He wants her to continue
in the present Law office where she works. She is trying to persuade him on why
she must open her own office.

e. State what reasons she can use in persuading her dad for her to start her own
Law office.
f. Assuming her father is seeking to source a law office for her, advise him as to
how to proceed on the task.

Sheila is contemplating applying for the position of Senior Advocate of Nigeria.

Sheba has been assisting her boss to get her documents ready. She noticed that
Sheila was producing documents in the business centre close to her office when
she could have easily produced them in her own office. Sheila’s response was
that she was not very savvy.

Now answer the following questions.

a. State at least ten ICT equipment that can possibly be used for getting work
done in a Law Office environment and their uses.
b. State five challenges that the use of the equipment could pose within the Law
office.
c. Assuming Sheila scales the first hurdle of the application process, state what
the committee would be watching out for during such inspection.
NLS DRAFTS ON PROFESSIONAL ETHICS

Week 17
REMUNERATION OF LEGAL PRACTITIONERS

LAWYERS FEES: Rule 48(1) RPC provides that a lawyer is entitled to be paid
adequate remuneration for his services. Also, a legal practitioner must not charge
an apparently excessive fee or a fee which is tainted with illegality.
It must be noted that as a general rule, a lawyer is not to pay for his client’s
litigation. In this regards, Rule 51 RPC provides that a lawyer shall not enter into
an agreement to pay for, or bear the expenses of his client’s litigation, but the
lawyer may, in good faith, advance expenses as a matter of convenience, and
subject to reimbursement.
It must be noted that by Rule 53 RPC, a lawyer shall not share his fees except
with another lawyer based on the division of services and responsibility. See also
Rule 3(1) (c) RPC which prohibits sharing of fees with non-lawyers. However, by
the Proviso to Rule 53 RPC, the following are permitted:
The determinants in charging professional fees are:
1. If it is a contentious work (e.g. litigation) in accordance to Rule 52 of the RPC.
2. If it is a non-contentious work, the fees to be charged will be based on the
Legal Practitioners (Remuneration for Legal Documentation and other
Land Matters) Order 1991, which is the scale charge.

Scale Fee: This stipulates the amount a legal practitioner can charge based on a
particular transaction. It is usually fixed and cannot be disputed or varied by the
court. Legal Practitioner (Remuneration for Legal Documentation and Other
Land Matters) Order 1991regulates scale fee, applicable in non-contentious
matters.
1. Scale I- Purchase and sale of land, mortgages
2. Scale II- Leases
3. Scale III- Matters not in scale I & II
Scale I
It relates to remuneration for services on sale or purchase of land and mortgage
transactions.
The rules for charging under scale 1 are:
1. Representing Both the Mortgagor and Mortgagee: If a Legal practitioner
represented both the mortgagor and mortgagee, he is to charge the
mortgagee “full” fees and “half” of the mortgagor’s legal practitioner’s fees. See
Rule 2 Part III of Scale 1 of the Legal Practitioners (Remuneration for
NLS DRAFTS ON PROFESSIONAL ETHICS

Legal Documentation and other Land Matters) Order 1991.

2. Perusing a Draft for Several Parties with Distinct Interest: Perusing a draft
on behalf of several parties with distinct interest, if the consideration is above
N100, 000 his fee is N2, 500. See Rule 3 Part III of Scale 1 of the Legal
Practitioners (Remuneration for Legal Documentation and other Land
Matters) Order 1991.
3. Sale by Auction: In a sale by auction, the legal practitioner to the auctioneer
is not allowed to charge any fees where he will be paid a commission. See
Rule 6 Part III of Scale 1 of the Legal Practitioners (Remuneration for
Legal Documentation and other Land Matters) Order 1991.
Scale II
It applies to fees to be charged for Leases and agreement to lease. The rules for
charging under scale 2 are:
1. Lawyers for Lessor and Lessee: The lessee’s legal practitioner fee is half
the lessor’s legal practitioner fees. See Rule 2 Part II of Scale II of the Legal
Practitioners (Remuneration for Legal Documentation and other Land
Matters Order 1991.
2. Acting for Both Lessor and Lessee: A Legal practitioner acting for both the
Lessor and Lessee is to charge the full fee of the lessor’s legal practitioner fee
and half of the lessee’s legal practitioner’s fee. See Rule 1 Part III Scale II of
the Legal Practitioners (Remuneration for Legal Documentation and
Other Land Matters Order 1991.
Scale III
It deals with non-contentious legal work which no scale is provided for in the
Order or where legal practitioner elects to charge his fees under Scale III
notwithstanding the provisions for the legal work in Scale I and II. Examples are
incorporation of companies, searches at Land Registry, bailing of suspects, etc.
The principles for assessment under Scale III are:
1. The complexity, novelty and difficulty of the matter;
2. The skill, labour, specialised knowledge, expertise and responsibility involved
on the part of the solicitor;
3. Value of the property involved;
4. The number and importance of the documents prepared;
5. The importance attached to the transaction by the client;
6. Places to be visited where the transaction or a part of it will take place;
7. The time expended by the lawyer in the transaction; and
8. Special exertion of devotion towards that transaction e.g. in election petition.
NLS DRAFTS ON PROFESSIONAL ETHICS

CONTENT OF BILL OF CHARGES

The LPA seems to be silent on the content of bill of charges, however, the
Supreme Court in Oyekanmi v NEPA made adequate provision on its content.
The court stated that Section 16(2) (a) LPA requires that a bill of charges shall
contain particulars of the principal items. A general guide as to the form, content,
and purpose of a bill of charges would be:
1. Letter Headed Paper: It should be on a letter headed paper.
2. Subject Matter of the Work Performed: The bill should be headed to reflect
the subject matter of the legal work performed by the legal practitioner. If it is
in respect of litigation, the court, the cause, and the parties should be stated.
3. Particulars of Charges, Fees and Professional Disbursement: The bill
should contain particulars of all the charges, fees and professional
disbursements for which the legal practitioner claims. Date and Particulars
of Principal Items and their Cost: The bill should contain particulars of the
principal items and the charges and fees thereof which must be particularised
and dated.
4. Scale used in Calculating the Bill: It is required to give sufficient
information in the bill such as the particular scale used in calculating the Bill if
it was legal documentation. This is to enable the client to obtain advice as to
its taxation and for the taxing officer to tax it.
5. Summarised Statement of Legal Work: It should also contain a
summarised statement of the legal work undertaken by the lawyer and where
they are of particular novelty or there are peculiarities which may justify the
fees charged, they should be clearly stated.
6. Standing and Rank of the Legal Practitioner: The standing and rank of the
legal practitioner may also be stated where necessary.
7. Date: The bill of charges must be dated.
8. Signature and Particulars of Lawyer/Firm: It must contain the signature,
name and address of the lawyer that prepared it; or in the case of a firm, it
should be signed by one of the partners on behalf of the firm.
9. Client’s Name and Address: It should contain the client’s address for
service.
10. Mode of Payment and Warning: the mode of payment preferred by the legal
practitioner should be clearly indicated. It should also be stated that failure to
pay on or before the required date, the lawyer will resort to court action.
See Section 16(2) (a) LPA; Oyekanmi v NEPA; Re A Solicitor.
NLS DRAFTS ON PROFESSIONAL ETHICS

SAMPLE DRAFT OF BILL OF CHARGES

EYEKE KENNETH & ASSOCIATES
LEGAL PRACTITIONERS AND SOLICITORS
NO 5,Afikpo Road, Abakaliki
Phone: 08102959631 Email:eyekekennethsamuel@gmail.com
Our Ref: _________________________________Your Ref:_______________

Date: 6th January, 2021

To:
Abdullahi Abdullquadir
No. 5 Balarabe Crescent,
Bagauda,
Kano.

Dear Sir,
RE: ABDULLAHI ABDULLQUADIR V FIRST BANK OF NIGERIA PLC.
LD/33133/15
BILL OF CHARGES
This is to notify you of the charges for the representations made on your behalf in
the case of Abdullahi Abdullquadir v First Bank of Nigeria Plc. LD/33133/15. The
charges are as follows:
1. Nature of professional service: litigation
Name of case: Abdullahi Abdullquadir v First Bank of Nigeria Plc. LD/33133/15.
2. Particulars of charges:
S/NO PARTICULARS OF ITEMS/DETAILS DATE AMOUNT (N)
OF WORK DONE
1 Drafting and filing of Writ of Summons 3/2/2020 20, 000
2 Drafting and filing of Statement of 3/2/2020 20, 000
Claims and Witness Statements on
Oath
3 Drafting and filing of motion ex parte 3/2/2020 3, 000
for interim injunction
4 Arguments for the motion ex parte for 3/2/2020 5, 000
interim injunction
NLS DRAFTS ON PROFESSIONAL ETHICS

5 Drafting and filing of motion on notice 3/2/2020 6, 000

for interlocutory injunction
6 Arguments for the motion on notice 12/3/2020 8, 000
for interlocutory injunction
7 Interviewing of six plaintiff/claimant 20/1/2020 24, 000
witnesses in chambers at N4, 000 per
witness
8 Conducting the hearing of the case till 4/4/- 500, 000
judgment 20/10/2020
9 Transport costs for 25 appearances at 4/4/- 25, 000
N1,000 per appearance 20/10/2020
10 Accommodation at Parkview Hotel for 4/4/- 250, 000
25 nights at N10, 000 per night 20/10/2020

11 TOTAL 861, 000. 00

(Eight
hundred and
Sixty One
thousand
naira only)

Kindly take note that you are expected to make the payment into the firms
Account number: 0157662466 with Guarantee Trust Bank Ltd, on or before 5th
day of February, 2021

Thank you in anticipation of your usual co-operation.

Yours faithfully,

____________________
S. K. Eyeke Esq
For: Eyeke Kenneth & Associates
NLS DRAFTS ON PROFESSIONAL ETHICS

Sample 2
ANOTHER SAMPLE: JUST PUT INTO THE LETTER

1. Nature of professional service: Purchase of property

2. Particulars of charges:
S/NO DATE PARTICULARS OF ITEMS AMOUNT (N)
1 13/01/2020 Expenses incurred in conducting search on 15, 000
property
2 24/01/2020 Fee for negotiating purchase of property 5, 000
3 27/01/2020 Preparation of Contract for sale of land 20, 000
4 3/02/2020 Investigation of title 3, 000
5 4/02/2020 Preparation of deed of assignment 25, 000
6 7/02/2020 Perfection of transfer 10, 000
Total 78, 000

Note that this Bill of Charges was prepared in accordance with Scale I of the
Legal Practitioners (Remuneration for Legal Documentation and other Land
Matters) Order, 1991.

Dated this _________, day of ______________________, 2021

NLS DRAFTS ON PROFESSIONAL ETHICS

Sample 3
EYEKE KENNETH & ASSOCIATES
LEGAL PRACTITIONERS AND SOLICITORS
NO 5,Afikpo Road, Abakaliki
Phone: 08102959631 Email:eyekekennethsamuel@gmail.com
Our Ref: _________________________________Your Ref:_______________
Date: 6th January, 2021
To:
Mr Ogungbure Ayorinde Victor of No. 14 Garki II Abuja..

Dear Sir,
RE: NEGOTIATION OF MORTGAGE LOAN
BILL OF CHARGES
Sequel to your instruction to negotiate a mortgage loan on your behalf, we are
pleased to inform you of its successful completion.
Find attached our invoice below for your prompt response.
Principal Item Date Cost (N)
1. Application for Loan 5/04/2020 30,000
2. Deducing title 6/04/2020 20,000
3. Postage of 6/04/2020 15,000
application letter
4. Transportation 5-6/04/2020 30, 000
5. Miscellaneous ,, 20,000
Expenses
Amount received as Nil
deposit
Total 115,000
Kindly pay the sum of sixty-five thousand naira (115,000) into account No.
0157662466 belonging to Eyeke Kenneth & Co at Guaranty Trust Bank PLC.
Thank you for the anticipated cooperation.

Yours faithfully,
………………
Eyeke Kenneth Esq.
(Principal Partner)
NLS DRAFTS ON PROFESSIONAL ETHICS

Sample 4
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO…………………
BETWEEN:
EYEKE KENNETH………………………………………………….
EMEDIONG ESSEIN……………………………………………… CLAIMANTS
(Carrying on Legal practice under the name and style of Eyeke Kenneth & Co)
AND
MR OGUNGBURUE AYORINDE .……...…………………………...DEFENDANT

STATEMENT OF CLAIM
1. The plaintiffs are the principal partners of Eyeke Kenneth & Co, a firm of Legal
Practitioners duly registered as a business name under the Companies and
Allied Matters Act 2004 with Registration Number: 545799 and with its
registered place of business at No. 145 Bank Road, Victoria Island, Lagos.
2. The Defendant is a business man and supplier of agricultural products of No.
14 Garki II Abuja.
3. The Plaintiffs were briefed by the Defendant on the 10 th day of January, 2020
to prosecute an action to recover the balance of N7, 000, 000.00 from his
business partner Agricultural Bank Plc, the Plaintiff’s letter of instruction is
hereby pleaded.
4. The Defendant’s case was instituted in Court and duly completed on the 20th
day of August 2020 as suit No FCT/CV/2020 MR OGUNGBURUE AYORINDE
V AGRICULTURAL BANK, the judgment certificate is hereby pleaded.
5. The Defendant paid the sum of N200, 000 as deposit to enable the Plaintiffs
carry out the instruction.
6. The Plaintiffs aver that they never entered into any contingent fee arrangement
with the Defendant.
7. The Plaintiffs have served on the Defendant personally, a Bill of Charges duly
signed and dated the 11th day of September, 2020 to pay the balance of N410,
000, the Bill of Charges is hereby pleaded.
8. The Defendant has refused to pay after 1 month of its service and a demand
letter was sent to the Defendant, the demand letter is hereby pleaded.
9. The Plaintiffs hereby claim against the Defendant as follows:
(a) The payment of the sum of N410, 000 being the balance of the services
NLS DRAFTS ON PROFESSIONAL ETHICS

rendered as contained in the Bill of Charges.

(b) Interest rate of 10 percent per annum from the date of failure to pay after
the 1 month grace until judgment is delivered and satisfied.

DATED THE 6th DAY OF JANUARY 2021

……………………..
Mariam Adebayo
Counsel to the Plaintiffs
Whose Address for Service is at No. 2
Idowu Taylor Street, Lekki, Lagos State
FOR SERVICE ON:
MR OGUNGBURUE AYORINDE
No 3 Imo Close
Jabi, Abuja.

CALCULATION OF CHARGES
I. Scenario
Air Cdr. Yabo Uzezi, public Servant of No 63 Kofar Eyong Road, Jimeta-Yola, is
the owner of property at Plot 134 Najiv Avenue, Victoria Island, Lagos with
Certificate of Occupancy No 231/LVI/2003. He also owns No. 46 Vitalis Close,
Maitama Abuja.
At a rent of N2m annually, Yabo created a term of three years over the
property at Lagos in favour of Engr. Tanko Calista, a Civil Engineer of No. 37
Augie Street, Apapa Lagos.
The three years rent was paid in advance. The agreement was to commence on
February 1, 2009.
Later, on February 25, 2009, he used the same property to secure a loan of
N20m obtained from Ritz Bank Plc. of No. 56 Ovie Faleti Road Ikoyi, Lagos at
annual rate of 15% redeemable within 6 months of commencement.
Yabo was unable to redeem a loan of N25m he obtained from Fidelity Bank Plc
in April 2016 within the agreed period; to avoid total loss of the mortgaged
property, he contacted Engr. Tanko Calista for the purchase of the property,
which was agreed for N32m.
NLS DRAFTS ON PROFESSIONAL ETHICS

You acted for all the parties in the negotiation for the loan of N20m, and also in
negotiation for the sale on behalf of both parties. You had earlier represented
both parties I'm the tenancy agreement.
You later sent a Bill of Charges for your professional services to both clients. The
Bank has failed to pay. You filed summary summons at the Chief Magistrate
Court, Yaba, Lagos since the amount claimed is just N3.8m.
Transactions Identifiable
The transactions identifiable in the scenario are:
1. Mortgage – acted for all the parties in the negotiation for the loan of N20m.
2. Sale of Land – acted for both parties in negotiation for the sale of land worth
N32m.
3. Lease - represented both parties in the tenancy agreement of N6m.
Rules of Computing Charges/Fee
1. Mortgage (Scale I)
(a) Different Solicitors: where the mortgagor and mortgagee are
represented by different solicitors, the mortgagor solicitor will be entitle to
full payment and the mortgagee solicitor will equally be entitle to full
payment.
(b) One Solicitor: where the mortgagor and the mortgagee are represented
by one solicitor, the solicitor will be entitle to half payment of what is due
to the mortgagor solicitor and full payment of what is due to mortgagee’s
solicitor.
2. Sale of Land (Scale I)
(a) Different Solicitors: where the vendor and the purchaser are
represented by different solicitors, the vendor solicitor will be entitle to full
payment and the purchaser solicitor will also be entitle to full payment.
(b) One Solicitor: where the vendor and the purchaser are represented by
one solicitor, the solicitor will be entitle to full payment of what is due to
the vendor solicitor and half payment of what is due to the purchaser
solicitor.
3. Lease (Scale II)
(a) Different Solicitors: where the lessor and the lessee are represented by
different solicitors, the lessor solicitor will be entitle to full payment and
the lessee solicitor will be entitle to half payment of what is due to the
lessor’s solicitor. E.g. if the lessor solicitor is entitle to N10, 000 from the
lessor, then lessee solicitor will be entitle to N5, 000 from the lessee.
NLS DRAFTS ON PROFESSIONAL ETHICS

(b) One Solicitor: where the lessor and the lessee are represented by one
solicitor, the solicitor will be entitle to full payment of what is due to the
lessor solicitor and half payment of what is due to the lessee solicitor. E.g.
if the solicitor is entitle to N10, 000 from the lessor, then the solicitor will
be entitle to N2, 500 from the lessee i.e. ½ of the N5, 000.
Scales of Charges
Scale I - Scale of Charges on Sales, Purchase and Mortgages

(1) (2) (3) (4) (5)

For the For the second For the fourth For the
and third and each reminder
first N1,000 subsequent without limit
N1,000 per
per N100 N1,000 up to per N100
N100
N20,000 per
N N100
N N
N

5. Mortgagor’s
legal
practitioner for 11. 25 11.25 3.75 2.50
negotiating
loan…

7. Mortgagee’s
legal
practitioner for 22.50 22.60 7.70 5.00
negotiating
loan…

9. Purchaser’s
legal practitioner
for negotiating a
purchase and
22.50 3.75 3.62 2.80
vendor’s legal
practitioner for
negotiating a
sale of property
by private
auction…
NLS DRAFTS ON PROFESSIONAL ETHICS

Scale II – Scale of Charges for Leases and Agreement to Lease

(c) Where the rent exceeds N1, 000 –
1. N37.50 in respect of the first N100 of rent
2. N25 in respect of each N100 of rent or part thereof up to N1, 000
3. N12.50 in respect of each subsequent N100 or part thereof

ANSWER

MORTGAGE

Total Value of Transaction – N20, 000, 000

Mortgagor’s Solicitor Fee

(Step 1 - For the first N1, 000 per N100 is N11. 25)

1, 000/100 x 11.25/1 = 112.5

(Step 2 - For the second and third N1, 000 per N100 is N11.25)

2, 000/100 x 11.25/1 = 225

(Step 3 - For the fourth and each subsequent N1, 000 up to N20, 000 per
N100 is N3.75)

17, 000/100 x 3.75/1 = 637.5

(Step 4 - For the reminder without limit per N100 is N2.50)

19, 980, 000/100 x 2.50/1 = 499, 500

(Step 5 – Addition of the total value of Step 1 – 4 to get what is due to the
mortgagor’s solicitor)

112.5 + 225 + 637.5 + 499, 500 = 500, 475

(Step 6 – Since the solicitor is entitle to half payment of what is due to the
mortgagor’s solicitor, the total value of Step 5 will be divided by 2)
NLS DRAFTS ON PROFESSIONAL ETHICS

500, 475/2 = N250, 237.50k

Mortgagee’s Solicitor Fee

(Step 1 - For the first N1, 000 per N100 is N22.50)
1, 000/100 x 22.50/1 = 225
(Step 2 - For the second and third N1, 000 per N100 N22.60)

2, 000/100 x 22.60/1 = 452

(Step 3 - For the fourth and each subsequent N1, 000 up to N20, 000 per
N100 is N7.70)

17, 000/100 x 7.70/1 = 1, 309

(Step 4 - For the reminder without limit per N100 is N5.00)

19, 980, 000/100 x 5.00/1 = 999, 000

(Step 5 – Addition of the total value of Step 1 – 4 to get what is due to the
mortgagee’s solicitor)

225 + 452 + 1, 309 + 999, 000 = N1, 000, 986

Final Answer
The total amount due to the solicitor who acted for both the mortgagor and
mortgagee will be an addition of the total value gotten under mortgagor’s
solicitor fee and mortgagee’s solicitor’s fee as follows:

N250, 237.50k + N1, 000, 986 = N1, 251, 223.50k

NLS DRAFTS ON PROFESSIONAL ETHICS

SALE OF LAND

Total Value of Transaction – N32, 000, 000

Vendor’s Solicitor Fee

(Step 1 - For the first N1, 000 per N100 is N22.50)

1, 000/100 x 22.50/1 = 225

(Step 2 – For the second and third N1, 000 per N100 is N3.75)
2, 000/100 x 3.75/1 = 75

(Step 3 - For the fourth and each subsequent N1, 000 up to N20, 000 per
N100 is N3.62)

17, 000/100 x 3.62 = 615.4

(Step 4 - For the reminder without limit per N100 is N2.80)

31, 980, 000/100 x 2.80/1 = 895, 440

(Step 5 – Addition of the total value of Step 1 – 4 to get what is due to the
vendor’s solicitor)

225 + 75 + 615.4 + 895, 440 = N896, 355.40k

Purchaser’s Solicitor Fee

Since the scale for calculating what is due to the purchaser’s solicitor is the same
with that of the vendor’s solicitor, the amount due to the purchaser’s solicitor will
also be N896, 355.40k. But considering the rule of computation, the solicitor will
be entitle to only half of what is due to the purchaser’s solicitor as follows:
N896, 355.40k/2 = N448, 177.70k
Final Answer
NLS DRAFTS ON PROFESSIONAL ETHICS

The total amount due to the solicitor who acted for both the vendor and
purchaser will be an addition of the total value gotten under vendor’s
solicitor fee and purchaser’s solicitor’s fee as follows:

N896, 355.40k + N448, 177.70k = N1, 344, 533.10k

LEASE

Total Value of Transaction – N6, 000, 000

Lessor’s Solicitor Fee

(Step 1 - Where the rent exceeds N1, 000 – N37.50 in respect of the first
N100 of rent)

100/100 x 37.50/1 = 37.5

(Step 2 - Where the rent exceeds N1, 000 – N25 in respect of each N100 of
rent or part thereof up to N1, 000)

900/100 x 25/1 = 225

(Step 3 - Where the rent exceeds N1, 000 - N12.50 in respect of each
subsequent N100 or part thereof)

5, 999, 000/100 x 12.50/1 = 749, 875

(Step 4 – Addition of the total value of Step 1 – 3 to get what is due to the
lessor’s solicitor)

37.5 + 225 + 749, 875 = N750, 137.50k

Lessee’s Solicitor Fee

(Step 1: The lessee’s solicitor is entitle to half of what is due to the lessor’s
solicitor as follows:

N750, 137.50k/2 = N375, 068.75k

NLS DRAFTS ON PROFESSIONAL ETHICS

(Step 2: However, since the solicitor acted for both lessor and lessee, the
solicitor is entitle to half of what is due to the lessee’s solicitor as follows:

N375, 068.75k/2 = N187, 534.375k

Or it can be calculated as one-quarter (¼) of what is due to the lessor’s

solicitor as follows:

N750, 137.50k/4 = N187, 534.375k

Final Answer
The total amount due to the solicitor who acted for both the lessor and
lessee will be an addition of the total value gotten under lessor’s solicitor
fee and lessee’s solicitor fee as follows:

N750, 137.50k + N187, 534.375k = 937, 671.875 approximated as N937,

671.88k
NLS DRAFTS ON PROFESSIONAL ETHICS

WEEK 17 ASIGNMENT ON REMUNERATION OF LEGAL PRACTITIONERS &

DUTIES OF LAWYER ON CHARGING CLIENTS
QUESTION 1:
You represented Mrs. Kayuba Ada of No. 15 Isiuzo Street, Ogui New Layout,
Enugu in a case of recovery of N10,000,000 owed to her by Agricultural Bank Plc
with respect to contract for the supply of five hundred tons of cashew nut worth
N10,000,000.00 (Ten million naira only), which she supplied to the bank for
onward exportation to Malaysia.
It was agreed between the two of you that she would bear all the expenses for
the documentation, filing and services; pay N2,000 as appearance fee for every
day you went to court and 5% of the actual sum recovered as your professional
fees. Before you filed the case, she made a payment on account of N100,000. In
the course of doing the case, you spent the sum of N30,000 on 1/11/2013 for
filing of writ of summons and other court processes with service; N10,000 for
filing of motion on notice and service on 6/11/2013. You made a total of 10
appearances in the case. You also spent N5,000 for typing and printing these
court processes. On 11/12/2013, consent judgement was entered in favour of
your client for the sum N8,000,000.00. You paid N2,000 to get a copy of the
judgement. You applied for writ of execution and went for enforcement on
17/12/2013 and spent N50,000.00 in relation thereto. On 21/12/2013, a banker’s
cheque for the judgement sum in favour of your client was delivered to you.

(a) Draft your firm’s bill of charges?

(b) You have served Mrs. Kayuba Ada your bill of charges and she refused
to pay, state the procedure you would adopt to recover your
professional fee?
(c) Assuming that you have decided to file an action against Mrs. Kayuba
Ada, and Obi Ben Esq. represented you, state the factors that Obi Ben
Esq. would take into consideration in charging his professional fees for
this matter?
(d) State and briefly explain the types of fees that a lawyer can charge his
clients?

QUESTION 2:
You represented Mrs. Kayuba Ada of No. 15 Isiuzo Street, Ogui New Layout,
Enugu in negotiating a loan of N10,000,000 which she collected from
Agricultural Bank Plc. Calculate your professional fee for this service.
NLS DRAFTS ON PROFESSIONAL ETHICS

MARKING SCHEME FOR TASKS ON REMUNERATION OF LEGAL

PRACTITIONERS
QUESTION 1:

(a)
XYZ CHAMBERS
(LEGAL PRACTITIONERS)
NO. ABC ADDRESS
TEL: 0009993303E-mail: hi@gmail.com Website: www.mzc.com

Our ref:……………………. Your ref:……………………Date:Any date.

Mrs Kayuba Ada,

No. 10 Isiuzo Street,
Ogui New Layout,
Enugu Street,

Dear Madam,

BILL OF CHARGES
IN RE: SUIT NO……..….. BETWEEN MRS KAYUBA ADA vs. AGRICULTURAL
BANK PLC

S/ DATE DETAILS OF WORK DONE CHARGE

NO.
1. 1/11/2013 Filing of Writ of Summons and other court N30,000
processes with service
2. 6/11/2013 Filing of motion on notice for summary N10,000
judgement with service
3. 6/11/2013 Typing and printing of court processes N5,000
4. Between Ten Appearance made on your behalf in N20,000
6/11/2013 this case at the agreed rate of N2,000 per
and appearance
11/12/2013
5. 11/12/2013 Getting Copy of the judgement N2,000
6. 17/12/2013 Arrangements for levying execution of the N50,000
NLS DRAFTS ON PROFESSIONAL ETHICS

judgement
7. 21/12/2013 Our Professional fees for conducting this N400,000
case till judgement - 5% of N8,000,000 as
agreed
Total Disbursement N517,000
Less payment on Account N100,000
TOTAL One million, eighty five thousand naira N417,000
only

------------
Mr. ABC
(Counsel)

(b)

The steps that I would adopt to recover my professional fees are:

1. I would wait for the expiration of one month from the date of service of the
bill of charges on her
2. Thereafter, I will file an action in the High Court

(c)
The factors that Obi Ben Esq would consider in charging his professional fees
for the case are:
1. Contingency or certainty of the compensation
2. The time the case would take
3. Customary charges of the Bar for similar services
4. The skill and labour required to complete the work
5. Novelty and difficulty of questions involved
6. Amount of money involved
7. Loss of opportunity of appearing for other persons
8. Benefit accruing to client
9. Whether the client is a constant or a casual one

(d)
The types of fees and their brief explanations are:
1. Scale fee - charges based on scale in the Legal Practitioners (Remuneration
for Legal Documentation and Other Land Matters) Order 1991
2. Fixed fee –charged on rate fixed for specific works
NLS DRAFTS ON PROFESSIONAL ETHICS

3. Appearance fee – charged by Legal Practitioners for appearing in court for a

client
4. Hourly rate fee – charged at a specific rate per hour that the legal practitioner
renders his services
5. Percentage fee – charged at a given percentage based on the value of the
transaction
6. Contingent fee - It is fee paid or agreed to be paid by client for the lawyer’s
services under arrangement whereby the amount of the compensation (whether
fixed or determined by a formula) would depend on the successful completion
of the case or brief.

QUESTION 2:

Calculation of my professional fees:

o STAGE 1: For the first N1,000 per N100

I would charge N11.25k on every N100 for N1,000:

N1,000 x N11.25
N100 1

= N10 x N11.25

= N112.50k

o STAGE 2: For the 2nd & 3rd N1,000 per N100 > N2,000
(2nd N1,000 + 3rd N1,000)

I would charge N11.25k on every N100 for N2,000:

N2,000 x N11.25
N100 1

= N20 x N11.25

= N225.00k
NLS DRAFTS ON PROFESSIONAL ETHICS

o STAGE 3: For the 4th & each subsequent N1,000 up to N20,000 per N100
> N17,000
(N20,000 – 1st, 2nd and 3rd N,1000, i.e. N3,000)

I would charge N3.75k on every N100 for N17,000:

N17000 x N3.75
N100 1

= N170 x N3.75

= N637.50k

o STAGE 4: For the remainder without limit > N9,980,000

He would charge N2.50k on every N100 for N9,980,000:

N9,980,000 x N2.50
N100 1

= N99,800 x N2.50

= N249,500.00k

o EZE IGWE’S TOTAL FEES:

Add up stages 1, 2, 3, and 4 as follows:

Stage 1: 112.50k
Stage 2: 225.00k
Stage 3: 637.50k
Stage 4: 249,500.00k

Total = N250, 475.00k

o The total fee would be the sum of N250,475.00K

NLS DRAFTS ON PROFESSIONAL ETHICS

Week 18
LEGAL PRACTITIONERS ACCOUNTS; LEGAL PRACTITIONERS
ACCOUNTS RULES

The legal practitioners’ account is regulated by the Legal Practitioners’ Accounts

Rules 1964 (LPAR) made by the General Council of the Bar also called the Bar
Council, by virtue of Section 20 of the Legal Practitioners’ Act. Note that the
success or failure of any law firm is premised on a management of resources that
comes to the firm. Rule 23 LPAR deals with exemption clauses (persons
exempted from complying with the provisions of the rules) – persons in the
Federal or State employment or in full time employment with statutory or local
authorities. The LPAR 1964 provides for three types of accounts a legal
practitioner is expected to keep, namely: Personal account, Clients’ account, and
Trust account. The applicable laws are LPA, LPAR 1964, LP (Remuneration for
Legal Documentation and other Land Matters) Order, 1991, RPC, CFRN 1999 as
amended, and Case Law.
Types of Books of Account
There are four types of books of accounts and records: cash book, ledger,
journal, records of bill of costs and notices sent to client. See Rule 10(1) LPAR.
1. Cash Book: The cash book is usually use in every law firm. The cash book
may relate to the transaction of the lawyer in his office or it may relate to client
account or trust account. There is also what we call the JOURNAL, which
contains daily expenses. From journal, items are transferred to cash book and
then to ledger. The structure of a cashbook is as follows:
(a) Heading: A cash book must be headed (will show the type of account) e.g.
Fatima’s cash book
(b) Date Column: The first column of the cash book is the date column –
DATE.
(c) Particulars Column: The second column consists of the particulars –
PARTICULARS.
(d) Debit Column: The third column is the debit column – DEBIT.
(e) Credit Column: The fourth column is the credit column – CREDIT.
The rules guiding entries into the cash book are as follows:
(a) All monies received must be debited i.e. all incomes.
(b) All expenses are credited i.e. all the money spent or designated to be
spent are posted in the credit column.
NLS DRAFTS ON PROFESSIONAL ETHICS

(c) The balance carried down will be entered under PARTICULARS but its
value will be posted under the side with the lesser value.
(d) The balance carried down is the difference between the total sum on the
debit side and the total sum on the credit side.
(e) The balance brought down is the last entry in the cash book and it is also
written under PARTICULARS but the value is written down under both the
debit and credit side.
The figure must be the same. If the figures are different that means the
account is not balanced.
OJO EMMANUEL CASH BOOK FOR JANUARY 2021

DATE PARTICULARS AMOUNT DR AMOUNT CR N

N
2-1-2021 Capital 2, 000, 000
3-1-2021 Capital 450, 000
5-1-2021 Capital 500, 000
17-1-2021 Rent 500, 000
17-1-2021 Laws 150, 000
17-1-2021 Furniture 750, 000
17-1-2021 Personal Bank Account 200, 000
17-1-2021 Client Bank Account 200, 000
30-1-2021 Motor Vehicle 900, 000
2, 950, 000 2, 700, 000
2-2-2021 Bal C/D 250, 000
2-2-2021 Bal B/D 2, 950, 000 2, 950, 000

2. Ledger: The ledger contains entries of individual items in a cash book. The
legal practitioner’s transactions contained in the cash book are categorised
into groups and each group of transaction is entered in a separate ledger
account. The corresponding book to cash book is the ledger account. In
NLS DRAFTS ON PROFESSIONAL ETHICS

accounting, always start with cash book before ledger. The principle of
accounting is still that every debit will have a corresponding credit. Receiving is
debit and giving is credit.
The structure of the ledger is as follows:
(a) Date Column: The first column of the ledger is the date.
(b) Particulars Column: The second column is PARTICULARS.
(c) Debit Column: The third column is Debit.
(d) Credit Column: The fourth column Credit.
The rules guiding entries into the ledger are as follows:
(a) Each transaction has a separate ledger account unlike cashbooks.
(b) All incoming funds are to be credited i.e. money received.
(c) All outgoing funds are be debited i.e. money spent.

OJO EMMANUEL LEDGER ACCOUNT FOR JANUARY 2021

CAPITAL ACCOUNT
DATE PARTICULARS AMOUNT DR N AMOUNT CR N
2-1-2021 Cash 2, 000, 000
3-1-2021 Cash 450, 000
5-1-2021 Cash 500, 000
Bal B/D 2, 950, 000

RENT ACCOUNT
DATE PARTICULARS AMOUNT DR N AMOUNT CR N
17-1-2021 Cash 500, 000

LAWS OF FEDERATION ACCOUNTS

DATE PARTICULARS AMOUNT DR N AMOUNT CR N
17-1-2021 Cash 150, 000
NLS DRAFTS ON PROFESSIONAL ETHICS

FURNITURE ACCOUNT
DATE PARTICULARS AMOUNT DR N AMOUNT CR N
17-1-2021 Cash 750, 000

PERSONAL ACCOUNT
DATE PARTICULARS AMOUNT DR N AMOUNT CR N
17-1-2021 Cash 200, 000

CLIENT BANK ACCOUNT

DATE PARTICULARS AMOUNT DR N AMOUNT CR N
17-1-2021 Cash 200, 000

MOTOR VEHICLE ACCOUNT

DATE PARTICULARS AMOUNT DR N AMOUNT CR N
30-1-2021 Cash 900, 000
NLS DRAFTS ON PROFESSIONAL ETHICS

EYEKE AND ASSOCIATES

Legal Practitioners, Solicitors & Arbitrators
No 18 Muhammad Sani Street, Wuse 2, Abuja
08102959631
(eyekekennethsamuel@gmail.com)
Our Ref: 4512/20__________________________ Your Ref: _______________
6 th January , 2021
The Executive Director,
Credit and Loans,
Zenith Bank Plc,
25, Atim Street,
Victoria Island,
Lagos.

Dear Sir,

APPLICATION FOR LOAN

We refer to the above subject matter.
We are the solicitors toof Mr Johannes Mudi of 12, Sabo Crescent Benin City,
Edo State (our client).
We are applying on behalf of our client Mr Johannes Mudi for the loan of N20,
000, 000 (Twenty million naira) from your bank. Mr Johannes Mudi intends using
a six bedroom bungalow at 34, Yaba Road, Surulere, Lagos valued at N39, 000,
000 (Thirty-nine million naira) as security for the loan.
Please, find attached the following documents for further investigation:
1. A copy of land certificate;
2. Letter of consent; and
3. An estate valuer’s report.

Thank you.

Yours faithfully,
(Signature)
Eyeke Kenneth
For: Eyeke & Associates
NLS DRAFTS ON PROFESSIONAL ETHICS

BILL OF CHARGES
A legal practitioner has a right to be remunerated for work done/services
rendered by him. See Rule 48 RPC. However, legal practitioner is enjoined not to
charge excessive fees. A bill is clearly excessive after it has been taxed and it
turns out that it does not commensurate with work done. Generally in legal
practice, there is no uniform way of charging; however legal practice can be
divided into three parts.
1. Legal documentation - land matters.
2. Contentious business, litigation, arbitration.
3. Non contentious business corporate practice.
It is only legal documentation that is regulated by Legal Practitioner
(Remuneration for Legal Documentation and Other Land Matters) Order 1991.
The order is divided into Scale I, II, (for non-contentious matters) and III
(Contentious matters). For contentious work, the following principles found in
Scale III of the order can be a guide.
1. The complexity of the matter or the difficulty or novelty of the question raised.
2. The skill, labour, specialized knowledge and responsibility involved on the
part of the legal practitioner.
3. The number and importance of the documents prepared or perused, without
regard to length
4. The time expended by the legal practitioner in the business
5. The place where and the circumstances in which the business or a part
thereof is transacted
6. The amount of money or value of property involved; and
7. The importance attached to the business by the client.
The conditions to be fulfilled in drafting charges are:
1. It must be in writing
2. Name of the client
3. Subject matter (of litigation, name of parties, and court)
4. Charges and particularisation of charges
5. Date and signature of legal practitioner
6. Date that principal item were incurred
7. Particularisation of principal items.
NLS DRAFTS ON PROFESSIONAL ETHICS

EYEKE AND ASSOCIATES

Legal Practitioners, Solicitors & Arbitrators
No 18 Muhammad Sani Street, Wuse 2, Abuja
08102959631
(eyekekennethsamuel@gmail.com)
Our Ref: EKS/005______________________ Your Ref: _______________
6th January, 2021
MR Ogungburue Ayorinde
No. 14 Garki II
Abuja.

ATTENTION: MR OGUNGBURUE AYORINDE

BILL OF CHARGES ON MR OGUNGBURUE AYORINDE v. AGRICULTURAL

BANK LTD SUIT NO /LSHC/20/2019/7 HIGH COURT OF LAGOS STATE
Nature of professional service: Litigation
Charges and particularisation of charges
Date Particulars Amount (N)
21-03-2019 Drafting and filing processes 100, 000

27-03-2019 Argument against preliminary 100, 000

objections
30-03-2019 Interviewing of two witnesses 50, 000
21-02-2017 to 30-02- Appearances at court for 10 times 500, 000
2019 (N50, 000 per appearance)
27-02-2019 to 30-02- Concluding of trial till judgment 700, 000
2020
TOTAL 1, 450, 000

Dated this ____________day of_________________2021

Sign__________
Eyeke Kenneth
For: Eyeke & Associates
NLS DRAFTS ON PROFESSIONAL ETHICS

SCENARIO
Miss Bukky’s was enrolled as a solicitor of the Supreme Court of Nigeria on 31 st
August, 2010.
On the 1st day of September, 2010 her parents gave her N38, 000 cash to enable
her set up private practice in Lagos. On 2nd September, 2010, Bukky paid N2,
400 being a year’s rent for office accommodation to one Mr. John, the Landlord
of the Premises. On 3rd September, 2010 she bought office furniture worth N1,
500. She also bought a second hand electric typewriter machine for N5, 000. She
bought a stationaries worth N800 and practice books to the value of N5, 000, all
items were paid for in cash. On 4th September, 2010 she opened a current
account with the New Nigerian Bank Ltd with the sum of N1, 000.
In furtherance of the above, on 5th September, 2010 she bought a brand new
Peugeot 505 SR at a cost of N12, 000 to facilitate her movement during the
course of her practice, and paid insurance premium of N1, 500 for
comprehensive insurance to the Great Nigeria Insurance Co. Ltd; she kept the
sum of N3, 000 in her office safe for petty cash disbursements. Draft Bukky’s
Cashbook Account.

BUKKY’S CASH BOOK FOR SEPTEMBER 2004

DATE PARTICULARS AMOUNT DR AMOUNT CR
N N
1-9-2010 Capital 38, 000
2-9-2010 Rent 2, 400
3-9-2010 Furniture 1, 500
3-9-2010 Typewriter 5, 000
3-9-2010 Stationeries 800
3-9-2010 Practice Books 5, 000
4-9-2010 Current A/c 1, 000
5-9-2010 Peugeot Car 12, 000
5-9-2010 Insurance Premium 900, 000
5-9-2010 Petty Cash 3, 000
NLS DRAFTS ON PROFESSIONAL ETHICS

38, 000 32, 200

30-9- Balance C/D 5, 800
2010
30-9- Balance B/D 38, 000 38, 000
2010

BUKKY’S LEDGER ACCOUNT FOR SEPTEMBER, 2004

CAPITAL ACCOUNT
DATE PARTICULARS AMOUNT DR N AMOUNT CR N
1-9-2010 Cash 38, 000

RENT ACCOUNT
DATE PARTICULARS AMOUNT DR N AMOUNT CR N
2-9-2010 Cash 2, 400

OFFICE FURNITURE ACCOUNTS

DATE PARTICULARS AMOUNT DR N AMOUNT CR N
3-9-2010 Cash 1, 500

TYPEWRITER ACCOUNT
DATE PARTICULARS AMOUNT DR N AMOUNT CR N
3-9-2010 Cash 5, 000

STATIONERIES ACCOUNT
NLS DRAFTS ON PROFESSIONAL ETHICS

DATE PARTICULARS AMOUNT DR N AMOUNT CR N

3-9-2010 Cash 800

PRACTICE BOOKS ACCOUNT

DATE PARTICULARS AMOUNT DR N AMOUNT CR N
3-9-2010 Cash 5, 000

CURRENT BANK ACCOUNT

DATE PARTICULARS AMOUNT DR N AMOUNT CR N
4-9-2010 Cash 1, 000

VEHICLE ACCOUNT
DATE PARTICULARS AMOUNT DR N AMOUNT CR N
5-9-2010 Cash 12, 000

INSURANCE PREMIUM ACCOUNT

DATE PARTICULARS AMOUNT DR N AMOUNT CR N
5-9-2010 Cash 1, 500

IMPREST/PETTY CASH ACCOUNT

DATE PARTICULARS AMOUNT DR N AMOUNT CR N
5-9-2010 Cash 3, 000
NLS DRAFTS ON PROFESSIONAL ETHICS

WEEK 18 ASSIGNMENT ON LEGAL PRACTITIONERS’ ACCOUNTS AND

LEGAL PRACTITIONERS’ ACCOUNTS RULES

Gajo Jason is the only son of the Amanyanabo of the oil bearing Otuokpoti
kingdom in Bayelsa State, south-south, Nigeria. He was called to the Nigerian
Bar in November, 2018. He did his youth service between 2018 and 2019. Upon
successfully completing his service, his father donated one of his tastefully
furnished Duplexes, at the D-line area of Port-hacourt, Rivers State, for use as
office accommodation by Gajo. The father, on the 20th of December, 2019, gave
Gajo Jason the sum of 20 Million Naira to purchase office equipment. On the 28 th
0f December, 2019, Gajo purchased a Mikano soundproof generator for 3 Million
Naira, on the same day he paid the sum of 1 Million Naira for Bookshelves. On
the 30th of December, 2019 his mother gave him 2 Million Naira as her
contribution to the setting up of the law firm. On the 3rd of January, 2020, Gajo
bought a brand new Toyota Jeep for 3 Million Naira, and paid the sum of 1 Million
Naira as 3 years subscription for Legalpedia Electronic Law Report.

Answer the following Questions:

(1) Draw up the cashbook?

(2) Mention the various accounts he is required to operate as a Legal
Practitioner in Nigeria?
(3) Mention the books of account that the law firm will require, when fully
established?
(4) State the effects, if any, of Gajo’s failure to keep the accounts mentioned in
(2) above?
(5) Mention the likely sources of his clients’ money?
NLS DRAFTS ON PROFESSIONAL ETHICS

EYEKE KENNETH SAMUEL