Previous THE LEGAL PRACTICE - ELECTRONIC HANDBOOK ON LEGAL PRACTITIONERS' ACCOUNTS    9 / 1229   

Next LDC PRECEDENTS  Home Page COURSES 

THE LEGAL PRACTICE - ELECTRONIC HANDBOOKS

      COURSES

 THE LEGAL PRACTICE - ELECTRONIC HANDBOOK ON SKILLS AND ETHICS 

PROFESSIONAL ETHICS AND ALLIED MATTERS

CHAPTER 1

KEEPING TERMS AND TABLE ETIQUETTE AND MANNERS AT DINNERS

Students are expected to keep 3 dining terms, culminating in their Call to the Nigerian Bar. During these dinners, students are expected to also observe a modicum of decent behaviour, decorum, table manners and protocol. Because of the benefits derivable therefrom, dinners are compulsory and an integral part of training for the Bar. The rules are strict and liability may result in permanent disqualification from the bar. The Benchers file in, in a procession before Dinner commences. while every student stands. After the Benchers entry. no other person is allowed to or should enter the hall. It is a strict liability rule and will be visited with severe penalties if breached.      DRESSING:  

All students dining are expected to be in dark suits. For male students, dark suits, white shirts, black ties (not bow tie), black socks and black shoes with white breast pocket handkerchiefs. Striped (barristers) trousers can be worn under dark jackets. This is mandatory and should be clean and decently sewed.  For female students the regulation dress is dark skirt and dark jacket or dark ladies dress. The dark jacket or dress must be in long sleeve or three quarter sleeves. Black shoes are to be worn. For those wearing dark suits, white blouses should be worn under the suits.  There should be no trimmings of any type and only moderate jewellery (earrings, rings and watches) are allowed to be worn. There should be no mini skirts and uneven hemlines. There should be no covering of the head. Students are to keep strictly to the prescribed dress code, otherwise they will be disallowed from dining and that will mean forfeiting one dining term which has to be kept before eligibility for Call to Bar even after the publication of results and Call ceremony, from which such a student will be excluded.  

   TABLE MANNER AND DECORUM:  

All students are expected to be seated quietly in the Sir Adetokunbo Ademola Hall 5.00 p.m. latest. Ideally, practicing barristers should sit in. between students if there is enough room, for the purpose interaction and guidance. The tables shall have been laid by the stewards with the fork on the left, the spoon laterally placed and the knife on the right With the side plates and one drinking and other wine glass for each student before

students enter the hall. One bread roll is placed on the student's left side plate with butter in the butter dish and a butter knife. Students are expected first to place the napkins on their lap to preserve their dresses while eating. After commencement of dinner, the Chairman of the Body of Benchers says the prayers while everybody stands, after which dinner commences. Dinner is always a three course meal. The soup is first served and students are expected to use their hands to break the bread rolls into small pieces i.e. sizes that will just be small enough to go into the mouth; use the butter knife to butter the bread and thereafter commence eating and taking soup with the soup spoon. It is not allowed, because it is not decent table manners, to use the table knife or the mouth to cut the bread rolls . The soup spoon is to be used to take the soup in small quantities and students are not expected to make any noise with the spoon As soon as this finishes, the stewards shall remove the plates and start serving the main course. The fork and knife are for the main course and will be placed parallel to each other beside the plate on the left hand side. Students should also not stretch their hands to reach for things such as the butter etc. Rather, they are to whisper to their colleagues to assist them to pass them on to them the salt, pepper, etc. Meanwhile, wine will also have been served in the wine glasses provided. The sweets will be served last and is expected to be taken by students using small tea spoons provided.

During dinner, students are allowed to speak to their colleagues in low tones only observing proper table manners. Speaking in loud tones or voices is not permissible. Movement about the hall is also strictly forbidden unless in exceptional cases which the Chairman of the Body of Benchers can allow on a representation made to him by the Director General or the Secretary to the Council. Photograph taking is also strictly forbidden during dinner. Students should conduct themselves decently before the Benchers, and with decorum throughout Dinner. All mobile phones must be switched off.

In the course of the dinner, distinguished members of the body of Benchers are usually introduced to students to enable them know the distinguished members of the bar and the Bench dining with them; and one of their number usually gives an after dinner talk to students before the introduction, on diverse topics in relation to practice, the profession and what is expected of them as aspirants to Bar. At the end of dinner, the Chairman says the closing prayers, the Benchers bow to the Barristers who bow back and the Benchers and Barristers file out in procession while students remain silent and standing. The essence of Law dinners is to afford students the opportunity of meeting eminent members of the profession from the Bar and the Bench and to learn from them at first hand those intangible things about the profession, its tradition and its demands i.e. courage, respect, resilience, thoroughness, and comradeship that cannot be learnt from the pages of text books, law reports or lectures. Every student is expected to seize the opportunity afforded by this forum to broaden his horizon and to learn and imbibe those

fine attributes of decency and honesty expected of them as gentlemen to enable them to go into the world to erase or disprove that old uncharitable opinion held by some members of the Society as exemplified in the words of Jonathan Swift (1667 - 1745) when he wrote that lawyers were: " .. A society of men bred up from their youth in the art of providing by words multiplied for the purpose that white is black and black is white according as they are paid". They are expected here to learn and keep those traditions of the profession which have evolved over the years and continued for centuries, which have made the profession of law the learned, honourable and noble profession that it is and its members the champion of the enthronement of the Rule of Law and the defender of our civil liberties .

CHAPTER II

HISTORY OF THE LEGAL PROFESSION AND REGULATIONS BRIEF HISTORY   A.         1876 - 1914 The Supreme Court Ordinance of 1876 provided for three classes of people to practice law in Nigeria namely:    

 

(i)         Professionally qualified legal practitioners Those who have been called to Bar or admitted as solicitors in England, Scotland and Ireland were automatically enrolled in the Supreme Court of Nigeria as legal practitioners in Nigeria. Almost all of them were barristers. Bar examination was introduced in England in 1872. Law society examination for solicitor was introduced much earlier.   

(ii) Those who served Articles

S. 73 of the Supreme Court Ordinance 1876 empowered the Chief Justice to admit as a Solicitor of the Supreme Court, any person who has served 5 years continuously in the office of a practising barrister or solicitor residing within jurisdiction of the court and who has passed such examination on the principles and practice of law before such persons as the Chief Justice may from time to time appoint.

         

(iii)         Local Attorneys Acting under section 74 of the Supreme Court Ordinance of 1876 which empowered the Chief Justice to admit temporarily other fit and proper persons to appear and act in the capacity of barristers, solicitors and proctors as may appear necessary, few people not professionally qualified, were -admitted to practice law and were called "Local attorneys". The Chief Judge could require appointees to sit for an examination "to test his general education and knowledge as well as of the principles and practice of the Law.". They must be shown to be of good moral character, testified to by a judge or two district commissioners.

The enrolment was for six months and was renewable. Only a few local attorneys were appointed under this power. They included Britons, West Indians and Nigerians. In 1914, in response to the protest of professionally qualified lawyers, no further local attorneys were appointed. The last applicant was reputed to be one J. Osho Davies whose application was refused by the then Chief Justice. Appeal by him to the full court was dismissed in April 1913 on the ground that the Chief Justice's discretion in that respect was properly exercised.        

B.         1914 - 1962

Legal practice was restricted to professionally qualified lawyers, i.e. those who qualified as barristers or solicitors in Britain and these were in three classes as follows: (i) Barristers To be a barrister one had to join one of the four Inns of court in England, namely Middle Temple, Inner Temple, Lincoln's Inn and Gray's Inn. Educational qualification was West African School Certificate. The four Inns forming the English Council of Legal Education arranged lectures for students of the four Inns on the subject constituting the Bar examination. There were two parts of the examination: Bar part 1 and Bar final. The Council organized lectures on the various subjects but attendance was discretionary. Many students did not attend the lectures and rather took private tuition or subscribed to a correspondence course. Dinner was compulsory and each candidate must keep 12 dining terms of which there were four in one year. A student who had passed both parts of the Bar examinations and kept his dining terms was called to the Bar by the Benchers of his Inn and thereafter formally enrolled at the Supreme Court in England. If the barrister intended to practice in England, he must take a 3 month post-call. practical course and must serve pupilage in a law chamber for one year. Until recently he paid a fee of one hundred guineas to the head of the chamber. No fee is now required. The barrister cannot earn any fee during the first six months of pupilage. Thereafter he can.

(ii) Graduate Barristers While a law degree was not required to become a barrister, most English aspirants to the Bar had University law degrees. Possession of a law degree with 2nd Class Honour exempts a student from Bar part I examinations. Some Nigerian students also attended English University and obtained the law degree in addition to their Bar examinations. Recognition was given to graduate barristers in the civil service in Nigeria by giving them an enhanced salary point over those paid to non-graduate lawyers. A barrister earns his livelihood by representing litigants in the courts. He also gives legal opinion on matters referred to him by a solicitor. A barrister is appointed in a case by a Solicitor and he has no direct contact with the litigant.

(iii) Solicitors To be a solicitor one must be articled to a firm of solicitors in England for a minimum period of four (4) years. Educational qualification was West African School Certificate. During articles, a candidate must pass Solicitors' part I and Solicitors' Final examinations organized by the Law Society which is the governing body for solicitors. Like barristers, a law degree was not required to be qualified as solicitors. A University Law graduate however spent two years under article instead of four and could also be exempted from solicitors’ part 1 examination. A graduate Solicitor in Nigeria civil service gets the same enhanced salary as a graduate barrister. A school was established to organize teaching course for solicitors in 1922 and attendance was compulsory.

In England a solicitor is the general legal adviser to citizens. He draws up leases and conveyances, drafts wills, prepares commercial agreements and gives legal advice on all matters to clients. Where a legal dispute is going to court he appoints a barrister to settle pleadings and conduct the case in court. He also seeks legal advice from a barrister from time to time on behalf of his clients.

Deficiencies of an English trained lawyer practicing in Nigeria (i)       In England, he is trained as a barrister or· a solicitor and after qualification he

only practices there as such. In Nigeria, on being called to the Bar and enrolled at the Supreme Court, he practices as both barrister and solicitor.

  (ii) In England, he studied English textbooks and law reports. In particular, in constitutional law, he studied the unitary system of government while Nigeria is a Federation. Also, he has no knowledge of Nigerian customary law which is an essential part of our legal system. He also has no knowledge of our land law.

(iii)     Almost all practitioners in Nigeria trained as barristers in England, and most did not have a university degree and did not take the post-call practical course, nor were they attached to chambers for the mandatory period of one year. Until 1967, there was no mandatory course of lectures which an aspiring barrister must take. What was mandatory was dinners.

Please note however that the absence of a post call practical experience for most lawyers who practiced in Nigeria did not extend beyond 1945. The Supreme Court Ordinance of 1876 was repealed by the Supreme Court Ordinance of 1943. The Supreme Court (Civil Procedure) Rules of 1945 validated by the 1943 Supreme' Court Ordinance provided in Rule 1 Order 16 additional grounds for the enrolment of lawyers in Nigeria. The Chief Justice may in his discretion approve, admit and enrol to practice as/a barrister and solicitor in Court, any person who inter alia.

·           Has read in the chambers of a practicing barrister or advocate of more than five years standing for at least one year, or has practiced in the courts of the country in which he has been called or admitted for at least two years subsequent to his call or admission; or

·           Has subsequent to his call to the bar or admission as an advocate, read in Nigeria in the chambers of a practicing barrister of more than ten years standing for at least two years; or

·           Has practiced as a barrister or solicitor in the courts of a British Colony or Protectorate for at least two years. These were the conditions for the admission to practice law in Nigeria from 1945 until 1962 when the current new regulations were introduced.

To correct these anomalies, the government of. the Federation of Nigeria in April 1959 appointed a Committee consisting of the regional Attorneys General, the Solicitor-General of the Federation, the Legal Secretary of the Southern Cameroons and six

distinguished legal practitioners under the chairmanship of the Attorney-General of the Federation, E.I.G. Unsworth. The committee was mandated "to consider and make recommendations for the future of the legal education and admission to practice, the right of audience before the court and the making' of reciprocal arrangement in this connection with other countries". From the committee's report published in October 1959, the following recommendations emerged that:    (i)        Nigeria should establish its own system of legal education    (ii)        A faculty of law should be established, first at the University College,

Ibadan, and subsequently, at any other University to be established in future;

   (iii)     A law school, to be known as the Nigerian Law School be established in Lagos to provide vocational course

   (iv)       The qualification for admission to legal practice in Nigeria should be a degree in law of any university whose course for the degree is organized

by the Council of Legal Education, and the vocational course prescribed by the Council (at the school established by it).  (v)         Any person graduating in law from a university which has not accepted

the syllabus recommended by the Council of Legal Education should be required to take further examination as the Council may prescribe.

  (vi)        A Council of Legal Education should be established.

A majority of the Unsworth Committee's recommendations were accepted and implemented by the government vide the Legal Education Act 1962 and the Legal Practitioners Act 1962. The Law School was set up late 1962 and ran its first three month course for eight students at a building acquired by the council at 213, Igbosere Road, Lagos from January - April 1963. The graduates who had already been called to the Bar in England were allowed to take a three month course. Law graduates who had not been called to the Bar had to do one-year course, the first of which started in October 1963.   B.         POST 1962 Three categories of people could practice as Legal practitioners in Nigeria under the Legal Practitioners Act of 1962, now Cap 207 LFN 1990 and Cap. L11 Vol. 8 LFN, 2004. The Act defines a "Legal Practitioner" in section 24 as "a person entitled in accordance with the Legal Practitioners Act to practice as a barrister and solicitor either generally or for the purpose of any particular office or proceedings". The three categories are therefore provided for in the definition, namely;   (i)         Those entitled to practice generally   (ii)        Those entitled to practice for the purpose of any particular office, and   (iii)       Those entitled to practice for the purpose of any particular proceedings.   (i).         Those entitled to practice generally

A person shall be entitled to practice generally if, and only if, his name is on the roll of Legal Practitioners kept by the Chief Registrar of the Supreme Court of Nigeria. Section 2(1) Legal Practitioners Act. The Act further provides that a person shall be entitled to have his name on the roll if, and only if   (a)        He has been called to the Bar by the Benchers   (b)        He produces a certificate of call to the Bar to the Registrar. Section 7(1) Legal Practitioners Act.

Section 4(1) Legal Practitioners Act  as amended by the Legal Practitioners (Amendment) Decree No.9 of 1992 states the conditions for call to the Nigerian Bar. A person shall be entitled to be called to the Bar if (a) he is a citizen of Nigeria (b) he produces a qualifying certificate to the Benchers (c) he satisfies the Benchers that he is of good character. However, please note that non-citizens may now also be called to the Bar if they satisfy conditions (b) and (c) above. See Decree No. 9 of 1992. In other words, from the present position of the Law, non-Nigerians may be called to the Nigerian Bar.

Production of Qualifying Certificate The issuance of a qualifying Certificate, stating that a person is qualified to be called to the Bar is the responsibility of the Council of Legal Education. Two conditions are prescribed by section 5 of the Legal Education Act for the Certificate.   (i)         Nigerian Citizenship

  (ii)        Successful completion successfully of a course of practical training in the Nigerian Law School which (including the time spent in taking the examination at the end but excluding any interval between the conclusion of the examination and the announcement of the results thereof) lasted for a period fixed by Council as an academic year.

Please note that by virtue of the provisions of the Legal Education (Consolidation etc.) Amendment Decree No. 8 of 1992, a non-citizen of Nigeria may now be entitled to have a qualifying certificate issued to him by the Council stating that he is qualified to be called to Bar if, except when the Council otherwise directs, he had successfully completed a course of practical training in the Nigerian Law School. Attendance at the school is mandatory. If what the council considers a minimum attendance is not satisfied; the student may be asked to withdraw from the course or not allowed to sit for examination. Attendance at other programmes arranged by the school is also mandatory e.g. law office attachment and Court attachment.

Exemption from Course The Council can waive the requirement for the attendance of the course at the Law School before issuing qualifying certificate - Sections 2(a) & 2(b) Legal Education (consolidation) Act 1976. This power is very exceptionally exercised under the

Professional Bodies Special Provisions Act 1972 and the Professional Bodies (Legal Profession) Exemption Order 1973.

Criteria for Exemption from Attendance at the Law School The Council in the exercise of its power has set out the criteria for exemption: - (Legal Notice 439 dated 5th day of July, 1989). A person may be exempted from going through the course at the Law School if:-

a.       he is a Nigerian citizen; and b.      he qualified to be admitted to the Law School c.       His qualifying subjects for admission to the Law School include all the core subjects

prescribed by the Council of Legal Education; and d.      At the time he qualified to attend the Law School or a reasonable time thereafter he

lost the opportunity of doing so for reasons beyond his control.

Criteria for Partial Exemption for Nigeria University Law Teachers (a)        Graduates from Common Law jurisdictions who have been teaching Law for five years and above in a faculty of law in a Nigerian University, can be exempted from part I course; and (b) Graduates from Common Law jurisdictions who have taught Law in a Faculty of Law in a Nigeria University for ten (l0) years and above can be exempted from the part I course (See Legal notice 446 dated 3rd August 1989). After such exemption they will be eligible for admission to the Part II Course.

    (ii)        Those entitled to practice by virtue of office – S. 2(3) Legal Practitioners Act  A person for the time being exercising the function of any or the following offices, that is: (a) the office of the Attorney General, Solicitor-General or Director of Public Prosecution of the Federation or of a state; (b) such office in the public service of the Federation, or of a state as the Attorney General of the Federation or of a State, as the case may be, may by order specify, shall be entitled to practice as a barrister and solicitor for the purpose of that office.

Pursuant to this provision, the following offices have been so designated by Legal Practitioners Act. (Entitlement to practice as Barrister and Solicitors) Federal Officers Order 1992.

SCHEDULE 1.        Directors

2.        Deputy Directors

3.        Assistant Directors

4.        Chief Legal Officers

5.        Assistant Chief of Legal Officers

6.        Principal Legal Officers

7.        Senior Legal Officers

8.        Legal Officers

9.        Pupil Legal Officers.

See also Entitlement to practice as Barristers and Solicitors. (National Assembly Office) (Legal Practitioners) Order 1995; Entitlement to practice as Barristers and Solicitors (Federal Housing Authority) (legal Practitioners) Order 1995; Entitlement to practice as Barristers and Solicitors (Federal Road Safety Commission) (Legal Officers) Order 1997.

 

(iii) Those entitled to practice in particular proceedings Le. By warrant - section 2(2) Legal Practitioners Act  "If an application under this subsection is made to the Chief Justice by or on behalf of any person appearing to him to be entitled to practice as a advocate in any country where the legal system is similar to that of Nigeria and (he) is of the opinion that it is expedient to permit that person to practice as a barrister for the purpose of proceedings described in the application, he may by warrant under his hand authorize that person on payment to the Registrar of such fee not exceeding fifty naira .. , to practice as a barrister for the purposes of those proceedings .. " Note: Awolowo v. Usman Sarki, Minister of Internal Affairs and the Attorney-General of the Federation 1962 LLR 177; (1966) N.S.C.C. 209.  

CHAPTER III

RIGHTS OF A LEGAL PRACTITIONER

  (a)         Representation of litigants in any proceedings and preparation of documents relating to proceedings in court. Sect. 22(d) Legal Practitioners Act Cap 206, LFN, 1990; Cap L 11, LFN, 2004)

Although by Section 8(1) of the legal Practitioners Act, a legal practitioner has the right to represent another and shall have the right of audience in all the courts of law sitting in Nigeria, this right can only be exercised whilst it is available and not when it is in abeyance i.e. whilst a legal practitioner is also a litigant before the court. In his role as litigant he is not appearing in court as a legal practitioner. He therefore cannot exercise the right of audience and the right to represent a co-defendant in an action. See Fawehinmi v. N.B.A. (1989) 2.N.S.C.C.I.

The exclusive right of a legal practitioner to represent a litigant extends to all courts of Law in Nigeria (including Customary or Area Courts) Section 36 (6) (d) 1999 Constitution. UZODIMA V. POLICE 1982 (1) NCR 27; Section 8 (1) Legal Practitioners Act. However please note Rule 45 (2)(b) & (c) new RPC 2007 which provides:

A lawyer shall not wear the Barrister’s or Senior Advocates robe when conducting his own case as a party to a legal proceeding in court or giving evidence in a legal proceeding in Court. See also Newton v. Chaplin (1850) 19 L.F.CP. 374 - if he defends himself in a criminal charge, he must be in the dock to conduct his defence.   

(b)        Company Formations - Section 35(3) Companies and Allied Matters Decree 1990 (now CAPC20, VOL III, LFN 2004). A statutory declaration by legal practitioner engaged in the formation of a company or by a person named in the article as director or secretary of the company shall be produced before a company can be incorporated    [c]        Conveyancing - Section 22(d) Legal Practitioners Act  Land Instruments Registration Law 1959 (W.N.) SS.2 and 4. No person other than a Legal Practitioner shall either directly or indirectly for or in expectation of any fee, gain or reward, draw or prepare any instrument. Penalty: N100 fine. Instrument means any document conferring, transferring, limiting, charging or extinguishing any right, title or interest in land but does not include a Will.

(d)       Preparation of documents for probate or letter of Administration - Section 22(d) Legal Practitioners Act. Only a legal practitioner can prepare documents for probate or letters of Administration.

(e)       Only a legal practitioner can be appointed as a Judge to a superior court with the exception of Sharia Court of Appeal and Customary Court of Appeal. (f)        Only a legal practitioner can be appointed an Attorney General and Minister of Justice and has a preserved place in any Government.

IMPERSONATING A LEGAL PRACTITIONER OR DOING THE WORK OF A LEGAL PRACTITIONER Section 22, Legal Practitioners Act: "subject to the provisions of this section, if any person other than a Legal Practitioner:-   (a)         Practices, or holds himself out to practice, as a legal practitioner or   (b)        Takes or uses the title of legal practitioner, or (c)       Willfully takes or uses any name, title, addition or description falsely implying, or otherwise pretends, that he is a legal practitioner or is qualified or recognized by law to act as legal practitioner, or

(d)       Prepares for or in expectation of reward, any instrument relating to immovable property relating to or with a view to the grant of probate or letters of administration, or relating to or with a view to proceedings in any court

of record in Nigeria.

Such a person shall be guilty of an offence and liable, in the case of any offence under paragraph (a) of this subsection or a second or subsequent offence under paragraph (d) of this subsection, to a fine of an amount not exceeding NI00.

In this subsection "instrument", in relation to immovable property, means any document which confers, transfers, limits, charges or extinguishes any interest in property or which purports so to do and "immovable property" includes unextracted minerals.

(2)       Nothing in the forgoing subsection shall prevent a person from being dealt with for contempt of court, but no proceedings for an offence under this section shall be brought or continued against a person in respect of any act if he has been dealt with for contempt of court in respect of that act.

RESTRICTIONS ON THE RIGHTS OF A LEGAL PRACTITIONER TO PRACTICE        1.    NON-PAYMENT OF PRACTISING FEE - SECTION 8(2) Legal Practitioners Act  Rule 9 RPC 2007; Article 19, NBA Constitution 2001

A legal practitioner must pay an annual practising fee to be "accorded the right of audience in any court in Nigeria". The fee is now as follows:

  a.         Senior Advocates of Nigeria and

Honorable Benchers

20,000.00

b.        Legal Practitioners of 15 years or more standing post-call

10,000.00

c.         Legal Practitioners of 5 years or more standing but less than 10 years post-call

7,500.00

d.        Legal Practitioners of 5 years or more standing but less than 10 years post-call

4,000.00

e.         Legal Practitioners of less than 5 years standing post-call

2,000.00

 

  See the Schedule to Legal Practitioners (Bar Practising fees) Notice (S.I. 5 of 2002), contained in CAP L 11, LFN 2004.

The fee is payable to the Registrar of the Supreme court who shall issue a receipt in respect of the payments and publish the list of such payments from time to time. Nine-tenths of the money collected shall be paid to the Nigerian Bar Association. Non-payment is a breach of Rules of Professional Conduct. The fee must be paid before January 31st each year and in the case of a new lawyer within a month of enrolment –Rule 9 RPC 2007.

Branches of NBA also have the power to impose levies or subscriptions to defray the expenses for running its affairs, and a member in default shall be subjected to the same sanction as his failure to pay practicing fee. Section 14(i) and Section 2(2)(a)(ii) NBA Constitution.

II.        SALARIED EMPLOYMENT – Rule 8 RPC 2007

A member of the Bar, whilst a servant or in salaried employment of any kind, shall not appear as advocate in the Court. Only a lawyer who is employed as a legal officer in a Government Department is exempted.

   III.      PUBLIC OFFICE AND PRIVATE PRACTICE Previously, the position of a legal practitioner who is a public officer from 12th December 1984 vis-à-vis private practice was governed by Section 1 Regulated and Other Professions (Private Practice Prohibition) Decree 1984. With some exceptions the Decree prohibited private practice for legal practitioners who were public officers. It provided as follows:

"For the purpose of this Decree but subject as herein after provided, private practice in relation to any scheduled profession includes the rendering of or render to any other person (not being the employer or any other person normally entitled in the course of his official duties to receive such service) of any service relative to the profession concerned whether or not after his normal hours of work or on work free days for money's worth or for any other valuable consideration and, without prejudice to the generality of the foregoing includes in particular: (a)        The performances of all descriptions relating to the profession concerned including the rendering of advice or provision of consultant service connected with or relating to the profession concerned; or

(b)     The issue of certificate, the certification of documents or any other matter concerned with the issue or certification of documents connected with or relating to any of the aforementioned services; or

(c)        The establishment of any undertaking either by professional concerned or in

Partnership, or in any form of association with any other person (whether or not himself A public officer) for the provision of any of the service or matters referred to in this subsection.  (3)         Notwithstanding any provision of this section, it shall be lawful for the professional concerned, apart from during the course of his normal official duties to render any of the services referred to in subsection (2) of this section. -  (a)        To himself.   (b)        To any person in any emergency.   (c)       To any person (whether corporate or incorporate) authorized either

generally or specifically by the Government to receive the services of that professional for the time being or, where a period is specified, for that

specified period;   (d)       Where such services are rendered free of charge to any of the following,

that is:-    (i)         Any member of the family of that professional;    (ii)        Any charitable organization or another person on purely

humanitarian grounds; and    (iii)       Any professional association to which he belongs

Section 2 of the Act provided for penalties- 1st offender -N2, 000.00 fine or 1 year imprisonment 2nd " -N5, 000 or 2 years imprisonment 3rd “-3 years imprisonment without option of fine

In addition, the Legal Practitioner shall have his name struck off the roll. The offender shall be tried in the Federal or State High court. There is no appeal. Certified copy shall be sent to the President within 15 days of judgment for confirmation or otherwise.

In 1992, an exemption was made for law lecturers vide the Regulated and other Professions (Private Practice Prohibition) (Law Lecturers Exemption) (No.2) Order of 14.9.92. Full time lecturers were exempted from the application of the 1984 Decree.

However in 1999, the Decree of 1984 (together with its Exemption Order of 1992) was repealed by the Constitution of the Federal Republic of Nigeria (Certain Consequential Repeals) Decree No 63 of 1999.

In effect, the current position of the law is as stated in S. l (PART 1) of the 5 th schedule of the 1999 Constitution. It provides that:

"A public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities". S.2(b) provides that a public officer shall not "except where he is not employed on full time basis, engage or participate in the management or running of any private business, profession or trade but nothing in this sub-paragraph shall prevent a public officer from engaging in farming" .

S.15, Part II of the 5th schedule of the Constitution lists public officers as including "all staff of Universities, Colleges and Institutions owned and financed by the Federal, State Governments or Local Government Councils".  

IV.       SENIOR ADVOCATE OF NIGERIA   (1)        Subjects to the Rules made by the Legal Practitioners Privileges Committee with approval of the Federal Executive Council, a Senior Advocate of Nigeria shall not be entitled to engage in practice as a member of the legal profession, other than a Barrister, unless in partnership with a legal practitioner- who is not a Senior Advocate of Nigeria Sec. 5(8) Legal Practitioners Act    (2)      A Senior Advocate of Nigeria shall not appear as counsel in any civil case before any superior court of record except with a junior or another Senior Advocate of Nigeria Rule 2(1) Senior Advocate of Nigeria (privileges and functions) Rules 1979

V.        ENGAGING IN BUSINESS - RULE 7 RPC 2007   (1)        A legal practitioner shall not practice at the Bar and simultaneously practice any other profession without the authority of the General Council of the Bar.

(2)   No legal practitioner may practice as a lawyer and engage in any trade or business declared by the Bar Council to be incompatible with practice as a lawyer or which tends to undermine the high standing of the profession.

The "other profession" referred to in Rule 7(1) RPC has been declared by the General Council of the Bar to be all forms of trading including all forms of or participation in any trade or business with the following exceptions: (a)       Membership of a board of directors of any company which does not involve

executive, administrative or clerical function. (b)       Secretary of a board of directors of a company or a general meeting of a company. (c)       Being a shareholder in a company

He is specifically barred from engaging in the sale or purchase of commodities personally, or as commission agent. Rule 7(2)(a) and (b) RPC.

VI.       RETIRED JUDICIAL OFFICER

VII. Sect. 292(2) CFRN 1999 "Any person who has held judicial office shall not on ceasing to be a judicial officer for any reason whatsoever thereafter appear or act as a legal practitioner before any court of law or tribunal in Nigeria. See ATAKE v. AFEJUKU (1994) 12 SCNJ 1. By virtue of Section 318(1) CFR 1999 "Judicial Officers means Judges of the High Court, Court of Appeal, Supreme court of Nigeria, Grand Khadi, Khadi of Sharia Court of Appeal, President or Judge of the Customary Court of Appeal.        

See other restrictions on retired judicial officers and retired lawyer as stated by Rule 6(1)(2)(3)(4) of the RPC which provides that:

  (1)       A lawyer should not accept employment as an advocate in any matter upon the merits of which he has previously acted in a judicial capacity. (This provision is not limited to judicial officers as defined above).   (2)       A lawyer, having once held public office or having been in the public employ, should not after his retirement accept employment in connection with any matter which he has advised on or dealt with while in such office or employment.   (3)       A judicial officer who has retired shall not practice or judicial tribunal in Nigeria as an advocate in any court of law or judicial tribunal in Nigeria.   (4)       A judicial officer who has retired shall not sign any pleading in any court.

NOTE THAT By virtue of Rule 6(5), a judicial officer who has retired may continue to use the word “Justice” as part of his name.

VIII NON COMPLIANCE WITH MANDATORY CONTINUED PROFESSIONAL DEVELOPMENT (CPD), Rule 11 and Rule 12 of the RPC 2007.

The NBA shall publish a list (Annual Practising List) of legal practitioners who have complied with the requirements of the CPD programme (in addition to payment of practising fees) and are therefore entitled to practice as legal practitioners in that year. Unless a lawyer holds an Annual Practising Certificate issued by the NBA certifying that he has fulfilled the approved CPD programme he is prohibited from carrying on legal practice. Rule 12(3) of the RPC. This provision is however yet to be implemented.

CHAPTER IV

CONTROLLING BODIES IN THE LEGAL PROFESSION

1.         The Council of Legal Education Legislation: Legal Education (Consolidation) Act 1962 (Cap 206, LFN, 1990; CAP L10 of the Laws of the Federation, 2004).

  Functions:

1.      Legal Education of persons seeking to become members of the legal profession. Sect. 1(2)

2.      Continuing legal education for legal practitioners (Sect.3) 3.      Incidental matters

 

The Council shall have powers to do such things as' it considers expedient for the purpose of performing its functions. Sec. 2(5). "The Council has under these provisions prescribed conditions which a University Faculty of law must comply with before its products are eligible for admission to the Law School. Council has also prescribed good conduct for admission and   the court has upheld it.    . OKONJO v. COUNCIL OF LEGAL EDUCATION FCA/L16/78 March 12, 1979. 1979 DAC (Digest of Appeal Cases) 28.

  Note:

1.      Conviction by a court of law is not necessarily evidence of bad conduct. The nature of offence is material.

2.      Acquittal by a court or state pardon is not necessarily conclusive evidence of good conduct.

  Composition of Council:     (a)       A Chairman to be appointed by "the Federal Executive Council on recommendation of the Attorney-General of the Federation. .     (b)        Attorney-General of the State, or where there is no Attorney-General, the Solicitor-General of the State.     (c)        A representative of the Federal Ministry of Justice to be appointed by the Attorney-General of the Federation

    (d)       The head of the faculty of law of any recognized University in Nigeria whose course of legal studies is approved by the Council as sufficient qualification for admission to the Nigerian Law School.     (e)        The President of the Nigerian Bar Association.     (f)        Fifteen persons entitled to practice as legal practitioners in Nigeria of not less than ten years standing and selected by the Nigerian Bar Association  (g)       The Director-General of the Nigerian Law School; and   (h)       Two persons who must be authors of published learned works in the field of law to be appointed by the Attorney-General of the Federation A person appointed as Chairman of the Council, unless he previously resigns or is removed from office, holds office for four years and shall on ceasing to hold office be eligible for reappointment.

A person appointed as a member of the Council pursuant to paragraph (h) of subsection (1) of this section shall, unless he previously resigns or is removed from office, hold office for four years and shall on ceasing to hold office be eligible for reappointment.

No remuneration shall be paid to any member of the Council in respect of his office. Sect. 2(5). A Federal Government directive in 1983 that Council Board members should be paid was not implemented for inconsistency with this provision.

Power of the Attorney-General of the Federation to issue directives to Council: Section 4 of the Act provides as follows:- "Subject to this Decree, the Attorney-General of the Federation may give to the Council directions of a general character with regard to the exercise by the Council of its functions and it shall be the duty of Council to comply with such direction". (Note the difference between this provision and that in legal Education Act 1975).

2.        The Body of Benchers: Legislation: Sect. 3 Legal Practitioners Act.

 Functions:  

a. Formal Call to the Bar of persons seeking to become legal practitioners. See S.3(1) Legal practitioners' Act 

b. They prescribe call fees. See 5.5(d) Legal Practitioners (Amendment) Decree 21 of 1994. c.       They exercise disciplinary jurisdiction over members of the legal profession and

students seeking to become legal practitioners. See S.8 of the 1994 Decree. d.      They have made Regulations prescribing the keeping of three dinning terms by

aspirants to the Bar and that the aspirants must be of unblemished conduct and are to be sponsored by two members of the Body of Benchers.

e.       They issue Certificate of Call. S.4(3) Legal Practitioners Act . f.        General management of the affairs of NBA. S.2 of the 1994 Decree.

g.       Making regulations for maintaining the traditional values of the profession. Accordingly they have prescribed keeping of 3 dining terms, unblemished conduct and sponsorship in writing of aspirants by two members of the Body of Benchers.

Composition of the Body: This is "a body of legal practitioners of the highest distinction in the legal profession in Nigeria" and is made up as follows:    (a)        The Chief Justice of Nigeria and All the Justices of the Supreme Court     (b)       The President of the Court of Appeal;     (c)       The Attorney-General of the Federation and Minister of Justice;     (d)       Presiding Justices of Court of Appeal Divisions     (e)       The Chief Judge of the Fede1al High court;     (f)        The Chief Judge of the Federal Capital Territory, Abuja;

(g) The Chief Judges of all the States;     (h)       The Attorneys-General of all the States;     (i)        The Chairman of the Council of Legal Education, ,     (j)         The President of the Nigerian Bar Association     (k)       Thirty Legal Practitioners nominated by the Nigerian Bar Association     (1)       Such number of person, not exceeding ten, who appear to the body of Benchers to be eminent members of the Legal profession in 'Nigeria of not less than 15 years post-call standing.

PRIVILEGES The rights and privileges conferred on Attorneys-General shall be accorded to only life members of Body of Benchers. Sec.6(3) Legal Practitioners Act . The privileges are stated in sect. 6(1)(a) & (b) of Legal Practitioners Act  and are (i) exclusive right to sit at inner bar or front row (ii) right to mention any cause or matter which is on the list for mention and not .otherwise listed for hearing out of turn. Please note that the Body of Benchers may make regulations either generally or in respect of any particular case for the discharge of the functions conferred upon it by the Decree. It is under this provision that it has made regulations providing for compulsory dinners by aspirants for Call to the Bar and that candidates for Call to the Bar must be sponsored in writing by two Benchers and that they must have unblemished conduct. .  

2.         LEGAL PRACTITIONERS PRIVILEGES COMMITTEE   Established by S.5(3) of the Legal Practitioners Act ,   Sect.5 Legal Practitioners Act.

     Functions: I.    Conferment of the Rank of'" Senior Advocate of Nigeria on Legal Practitioners of:-    (i)         not less than 10 years standing, and     (ii)        who have achieved distinction in the legal profession  II. Making rules as to obligations and privileges to be conferred on SANS. Under this power, the Senior Advocates of Nigeria (Privileges. & Functions) Rules 1979 were made and the following Privileges are conferred on SANS:     (a)        The exclusive right to sit in the Inner Bar or where no facilities exist for an inner bar:, on the front row of the seats available for Legal Practitioners.      (b)       The right to mention any motion in which he is appearing or any other cause or matter which is on the list for mention and not otherwise listed for hearing out of its turn on the cause" list.

(c) The right to wear silk gown.

The question of who has achieved distinction is for the Committee to decide guided by Rules formulated by the Committee.

WAYS TO BECOME A SENIOR ADVOCATE OF NIGERIA The old guidelines as set out by the Chief Judge in July, 1990 were as follows: 1.         An applicant shall furnish to the Committee:-   (a)       Particulars of at least six cases in all of which he has appeared, within the last three years preceding the date of application, before the Supreme court: or   (b)        Particulars of at least two contested cases in the Supreme court and at least four contested cases in the court of appeal in all of which the applicant has appeared, within the last three years preceding the date of his application, before the Supreme Court and the Court of Appeal; or    (c)       Particulars of at least one contested case in the Supreme court and at least four contested cases in the Court of Appeal and at least six contested cases in the High court(s) in all of which the applicant has appeared, within the last three years preceding the date of his application, before the Supreme Court, Court of Appeal and the High Court(s).

2.          Unless the committee thinks that an incumbent Attorney-General of the Federation is not a fit and proper person to be conferred with the rank, the Attorney-general of the Federation would be honoured with the rank if he was not conferred with the rank before his appointment.

3.         The rank may in exceptional circumstance be conferred on academic members of the. profession if the applicant has distinguished himself through teaching and/or

published works by making substantial contributions in the field of law and jurisprudence . Particulars and copies of such publications should be supplied to the Committee.

4.          All former Queen's counsel who apply will be conferred with the title

5.         Partners in Chambers who severally satisfy all the criteria are eligible to be conferred with the rank but not Associates and salaried junior legal practitioners in Chambers.

6.          In addition, to forensic excellence, an applicant should furnish the committee with evidence of:           (i)        good law office with good library and

  (iii)        having at least two junior legal practitioners and staff in his chambers 7.          Candidates to be conferred with the rank should also have the following qualities:

·         Good character, good reputation, honesty, integrity, ability, sound knowledge of the law.

·         Successful practice at the bar, satisfactory presentation of cases in Court and generally high standard within the profession and

·         Respect for the code of conduct and Etiquette at the Bar and loyalty to the profession. Above were listed by Chief Justice of Nigeria on July 16,) 990 when swearing-in-new Senior Advocates of Nigeria, however changes have since been made following the new guidelines released in 2007.

Effective from 2007, the new guidelines set out by the Chief Justice of Nigeria on ways to become a Senior Advocate of Nigeria are as follows:

1.        Payment of a non refundable fee of N200, 000.00 for each application upon submission. Bankers cheques should be made payable to “The Chief Registrar, Supreme Court of Nigeria (SAN Account.)” Payments lodged electronically or by fax is unacceptable and no application unaccompanied by the prescribed fee shall be treated. Cheques should be in Nigerian Naira and drawn on a Nigerian bank. An acknowledgement of receipt of application shall be received by the applicant within 14 days of receipt of his application and prescribed fee.

2.        Particulars of 10 contested cases which the applicant considers to be of particular substance, complexity or particular difficulty or sensitivity handled by the applicant. The citation of the law report is to be provided, but otherwise the applicant is to provide certified hard copy as well as electronic PDF version. Of the 10 cases, at least three should be from the Supreme Court, three from the Court of Appeal and four should have

been decided by a High Court or an Arbitrator. Applicants are encouraged to provide particular of recent cases to demonstrate current engagement in full time law practice and that the applicant is abreast with current developments in the law. However, applicants are fee to provide older cases which are landmark decisions or other wise of particular significance or complexity.

A case will be considered of substance or complexity or of particular difficulty or sensitivity if in the opinion of the LPPC-

(i) it involves an issue of significant legal or public interest.

(ii) decides a novel point of law.

(iii) it is considered ground breaking or a land mark decision.

(iv) involves a substantial amount of money.

(v) it is frequently cited in the law reports.

It is noteworthy that under the new guidelines, former Queen’s Counsel can no longer be eligible for the conferment. Also an Attorney General of the Federation who is not a SAN as at the time of his appointment shall no longer be automatically conferred with the rank upon his appointment as the Federal Attorney-General. In the case of members of the academia, although the new guidelines are also silent on their eligibility, the issue nevertheless appears unclear. There are provisions in the Application from for details of publications of legal work by applicants and therefore it may be that members of the academia desirous being conferred with the rank may well be considered.

Under the new guidelines also, physical inspection of the applicant’s law offices shall be carried out.

(Please note that the LPA imposes some obligations on SANs, some of which have been discussed under Restrictions on legal practice by Legal Practitioners).

                    Composition of Committee:  

         i.  Chief Justice of Nigeria - Chairman        ii.  Attorney-General of the Federation       iii.  One Justice of the Supreme Court      iv.  President of the Court of Appeal        v.  Five Chief Judges of the States High Court      vi.  The Chief Judge of the Federal High Court     vii.  Five legal practitioners who are Senior Advocates of Nigeria

The members under (iii.), (v) and (vii) are appointed by the Chief (Justice of Nigeria In consultation with the Attorney-General of the Federation

4.         LEGAL PRACTITIONERS REMUNERATION COMMITTEE Legislation Sect. 15 Legal Practitioners Act

Functions: The general regulation of charges of legal practitioners. The old scale of charges for conveyance matters prescribed for legal practitioners in 1971 has been replaced by Government Legal Notice No. 198 made. on 15th, August, 1991 - The Legal Practitioners (Remuneration for Legal documentation and other Land Matters) Order 1991.  

Composition of Committee:

1.      The Attorney-General of the Federation -Chairman 2.      Attorneys-General of the States 3.      The President of the Nigerian Bar Association 4.      Three members of the Nigerian Bar Association appointed by that association

5.          LEGAL PRACTITIONERS DISCIPLINARY COMMITTEE LEGAL PRACTITIONERS (DISCIPLINARY COMMITTEE) RULES 1965

Sect: 10 Legal Practitioners Act. (Renumbered S.11 by Decree 21 of   Functions: This committee of the Body of Benchers is charged with the consideration of alleged misbehaviour affecting the profession by legal practitioners and punishment thereof. Appeals from the decisions of the Committee lie directly to the Supreme Court. See S.9 of Decree 21 of 1994. (Please note that the functions of the Committee are treated in greater details under the chapter (professional discipline of a Legal Practitioner).

The composition of the committee as reconstituted by Decree 21 of 1994 is as follows:   (a)        a Chairman who shall not be either the Chief Justice of Nigeria or a Justice of the Supreme Court   (b)       two Justices of the Court of appeal, one of whom shall be the President of the Court of Appeal   (c)        two Chief Judges   (d)       two Attorneys-General, who shall be either the Attorney-General of the Federation and the Attorney-General of a State or two State Attorneys-General   (e)        four members of, the association who are not connected with either the investigation of a complaint or the decision- by the association to present a complaint against a legal practitioner for determination by the disciplinary committee.   6.          GENERAL COUNCIL OF BAR Legislation: Section 1 Legal Practitioners Act

  Functions:

(i) Although, S.1 of the LPA gave to the General Council of Bar the power of General management of the affairs of the Nigeria Bar Association (subject to any limitations for the time being provided by the Constitution of the Association), this power has since been transferred to the Body of Benchers vide S.2 of Decree 21 of 1994. In reality however, attempts by the Body of Benchers to manage NBA affairs has always met with resistance. Please note that under its general management powers as provided in S.1 of the LPA, any decision of Council under this provision may be revoked or modified by the annual General Conference or any general meeting of the association. Sect. 8(a) Constitution of the Association.

NOTE: The Constitution of the NBA specifically excludes the power of the General Council of the Bar in respect of the following:   (a)        Any control over the Budget or finances of the Association;   (b)        The power to appoint representative of the Association to any statutory or other body;   (c)       The power to issue public statements or purporting to express the view of the Association upon a matter of public interest or upon a matter affecting the interest of the legal profession generally; or   (d)       The power to make arrangements (including the drawing of an agenda or choice of venue of meetings) for the Annual General Conference or any other meeting of the Association. Section 7(a)(i)-(iv)

NOTE ALSO that although the powers of the General Council to fix practicing fees was transferred to the Body of Benchers by Decree 21 of 1994, the current position of the law is that the Federal Attorney General now fixes the practising fees in consultation with the NBA. See Legal Practitioners Amendment Decree 31 of 1999.       (ii)        Making rules of accounts to be kept by legal practitioners Sect. 20(I) Legal Practitioners Act       (iii)      Making and revising Rules of Professional Conduct. S. 12(4) Legal Practitioners Act. In accordance with S.12(4) LPA, the Council made the Rules of Professional Conduct at its General Meeting in Lagos on 25:12:1967 and amended on 15:1:1979. The Council has also recently made new rules of Professional Conduct in 2007 to replace the old one.

Membership           

    (a)    Attorney General of the Federation who shall be the President of the Council     (b)    The Attorney General of the States, and

    (c)    20 members of the Nigerian Bar Association not less than seven of whom shall be legal practitioners of not less than 1 0 years' standing.   Section 1 (2)(a)-(c) Legal Practitioners Act. 

NIGERIAN BAR ASSOCIATION The Association is unlike others, not a creation of statute. However it is registered and its existence is given recognition by the Legal Practitioners Act in that -       (a)        It has representatives in most of the Bodies created by the Act. E.g. Council of Legal Education, Body of Benchers.       (b)      Its sustenance is provided for by the Act which stipulates that a legal practitioner shall pay a practicing fee before he is given a right of audience in the court and 90% of such fee is paid over to the Association. Sect. 8(2) Legal Practitioners Act.

Membership: Every person duly enrolled as a Legal Practitioner. S. 8(2) provides that any member who fails to pay the annual Practicing Fees before the end of March of each year shall, for so long as he is in default have no right of audience in any court of law or to prepare any legal document including Memorandum and Articles of Association or to hold any office as legal practitioner. A breach of this section shall constitute professional misconduct. See Provision of S. 4 NBA Constitution. Query: Whether the italicized provisions are enforceable.

Functions: The maintenance of the honour and independence of the Bar and the defence of the Bar in its relation with the judiciary and the executive, maintenance of the highest standards of professional conduct, etiquette and discipline, promotion of good relations among members of the association, promotion of legal education and law reform, etc.

Legal status of Nigerian Bar Association. The trustees of Nigerian Bar Association are registered as "Registered Trustees of Nigerian Bar Association" under the Land (Perpetual Succession) Ordinance 1924, contained in CAP 98, LFN and Lagos 1958. By virtue of this registration on 8 th of April 1983, Registered Trustees of Nigerian Bar Association is a juristic personality and not a juridical personality. Note that CAP 98, LFN 1958 became Part C, CAP 59, CAMA 1990 ( now CAP C20, CAMA, VOL III Laws of the Federation 2004).

By virtue of S.695, CAMA 1990 (now S.612, CAP C20 CAMA, LFN 2004), all previous registrations under the Land (Perpetual Succession) Ordinance. 1924 are validated. By S. 679 (1) CAMA 1990 (now S.596, CAP C20, CAMA, LFN 2004), trustees upon registration become a body corporate with perpetual succession, common seal, power to hold property and to sue and be sued in its corporate name.

It appears that in the case of Fawehinmi v. NBA (No. 2) 1989 2 NSCC 43, the attention of the court was not drawn to the fact that the trustees of NBA were registered. The proper party ought to have been "Registered Trustees of NBA".

Order of Precedence in Court See First Schedule of LPA as contained in CAP L11, LFN 2004      (i)         Attorney-General of the Federation.      (ii)       Attorneys-General of the States in order of seniority as SAN and thereafter in order of seniority of enrolment.

     (iii)        Senior Advocates of Nigeria in order of seniority.      (iv)       Persons authorized to practice as legal practitioners by virtue of paragraph (b) of subsection (3) of section 2 of this Act. NOTE that S.2 (3)(b) refers to such offices in the civil service of the Federation or of a State as the Attorney-General of the Federation or of the State, as the case may be, may by order specify.      (v)        Persons whose names are on the roll in order of seniority of enrolment      (vi)       Persons authorized to practice by warrant.

NOTE: Although the First Schedule of the Legal Practitioners Act  omitted the Life Members of the Body of Benchers from the Order of Precedence, by S.6 (3) Legal Practitioners Act , the Life Members of the Body of benchers are accorded rights and privileges conferred on the Attorneys General and therefore take precedence in court accordingly.

PRIVILEGE OF LAW OFFICERS Section 5(a) Legal Practitioners Act as amended by the Legal Practitioners (Amendment) Act No.2 1979.   (1)        Notwithstanding any other provision of this Decree but subject as provided in section 7(5) and Schedule 1 here to, all courts of law in Nigeria before which legal practitioners are entitled to appear shall accord to every law officer specified in this section the following rights and privileges, that is to say.   (a)       The exclusive right to sit in the inner bar or, where no facilities exist for an inner bar, on the front row of seats available for legal practitioners.   (b)       The right to mention any motion in which he is appearing or any cause or matter which is on the list for mention and not otherwise listed for hearing out of its turn on the cause lists.   (2)        The law officers to whom this section applies are the Attorney-General of the Federation, the Attorney-General of any State in the Federation and Solicitor-General of the Federation.

CHAPTER V

DUTY OF COUNSEL TO COURT

1.         Must be punctual to court. Counsel should aim to get to court about 30 minutes before court sits to enable him to have composed himself and seen and possibly rehearse with his witnesses who should also be advised to come early.

The Court may strike out or adjourn a case with costs or proceed with hearing without counsel where counsel and/or his witnesses are not punctual.  

Where counsel for unavoidable reason cannot be punctual, he should write to court and the opposite counsel requesting that the case be stood down or adjourned. It is the discretion of court to grant the request

2.         Must attend all sittings of court unless he had obtained leave of court to be absent. Okonofua v. State (1981) Vol.12 NSCC 233; (1981) 6-7 SC 1 ; FRN V ABIOLA [1997] 2NWLR (pt 488) 444 at 467

Same consequences for absences as for lateness.

Shemfe v. Police 1962 I ALL NLR 811. Awolowo v. Suleman Takuma LD/223/80 Decided 19/10/1982

Takuma v. Awolowo FCA/L/149/82 Decided 25/1/1983

Persistent absence of counsel from court without leave could be treated as interference with the course of justice and held to be contempt of court. Mckeown v. R 1971 15 DLR 390.

Absence of counsel on date of judgment is not necessarily contempt of court, however it is disrespectful for counsel to be absent on date of judgment. Izuora v. R 1953 AC 327 13 WACA 314 where it was held that mere discourtesy to court is not necessarily contempt of court.

3.         Must be properly dressed to court. See rule 36 of the RPC.Counsel should always be attired in a proper and dignified manner and abstain from any apparel or ornament calculated to attract attention to himself. At the Superior Courts (i.e. High Courts, Court of appeal and Supreme Court), he should be robed.

MEN: Black or dark-blue two piece or three piece suit, white collarless shirt, white wing collar (size should be "bigger than shirt neck size, two studs required to hold collar to shirt) white band, black shoes.

ALTERNATIVES  (i)          White shirt with wing collar attached in lieu of collarless shirt detachable wing collar.  (ii)         Black and grey stripped trousers in lieu of suit trousers.  (iii)         Sleeved vest in lieu of coat

  WOMEN: Black or Dark-blue straight dress, skirt and blouse, or skirt and jacket with white blouse if open, white collarete or ladies white band, black shoes. Dress must have long sleeves and must be high to the neck and must at least be knee length.  

4.   Must know the correct mode of addressing the judge and professional colleagues   Magistrate (Male and Female)           Your Worship   Customary Court Judge (Male)         Your Honour   High Court Judge (Male)        My Lord/Your Lordship   High court Judge (Female)     My Lady/Your Ladyship   Court of Appeal and Supreme Court            My Lords   Legal Practitioner           My Learned Friend

See Henry Cecil: The English Judge pg. 44 Keith Evans: Advocacy at the B

  5.          Must know and maintain the correct decorum in Court. Rule 36 RPC 2007.

 (a) A Lawyer should rise when addressing or being addressed by the judge. See Rule 36(c) RPC 2007.

(b) He should never talk when the Judge is talking. (c) While the court is in session, he should not assume an undignified posture.

See Discipline of Law pg. 8 where Lord Denning stated thus: "Whatever the tribunal, you must give good impression. Your appearance means a lot. Dress neatly, not slovenly. Be well-groomed. Your voice must be pleasing, not harsh or discordant. Pitch it so that all can hear without strain. Pronounce your consonants. Do not slur your words. Speak not too fast but yet nor too slow. All these things are common place but they are so often forgotten that I warn against the mistakes I see made daily. No hands in pockets. It shows slovenliness.  No fidgeting with pencil or with gown. It shows nervousness. No whispering with neighbours, it shows lack of respect. No 'ers' or 'urns'. It shows that you are slow-thinking, not knowing what to say next. Avoid mannerisms like a plague. It distracts attention. Don't be longwinded. All these lose you

your hearers; and once you have lost them, you are done for. You can never get them back-not so as to get them to listen attentively."

Note that the patience of the court is not inexhaustible. See Hon. Justice Oputa: Modern Bar Advocacy pg 220. See also ESSO West Africa Inc. V. Alli (1968) 1.N.M.L.R.414

6.         Must maintain a respectful attitude to the court in words and deed. Rule 31(1) RPC 2007. A lawyer shall always treat the court with respect dignity and honour. If he has a proper ground for complaint against a judicial officer, he shall make complaint to the appropriate authorities. Rule 31(2) RPC. See also Rule 35 which enjoins lawyers before a judicial tribunal to accord it due respect, courtesy, and dignity.

Counsel owes the duty to show respect for the Court and enhance the smooth administration of justice. Fawehinmi v. State (1990) 5. N.W.L.R. pt. 1488,42. Nwafor Orizu v. Anyaegbunam (1973) 11 N.S.C.C. 280.  

A judge can commit another judge for contempt.

Where a legal practitioner interrupted a court during the course of his judgment with the words: "This is a most unjust remark" he was held to have committed contempt. R V Jordan (1888) 36 W.R. 797. RV Stafford County Court Judge (1888) 57 L.J. AB 485.

See also Atake V The AG. Federation & Anor (1982) Il SC. 153. To accuse a judge of unjudicial conduct in appropriate cases may not amount to contempt of court. Maharaj V.AG. Trinidad and Tobago (1978) 2 All E.R. 670

7.        Counsel must be fully prepared to go on with the case and not seek unnecessary adjournment thereby wasting the court's time. Court may refuse application for adjournment and proceed with the case. See Awolowo V. Takuma FCA/L149/82.

8.        Must conduct his case in logical sequence thereby assisting the court to follow the case with ease. In Civil cases, Plaintiff should give evidence first, then witnesses. Defendant should lead defence witnesses. In criminal cases, complainant shall lead the prosecution witnesses while accused, if giving evidence, would lead defence witnesses.

Note: Justice Maule's observations to Counsel: See Oputa: Modem Bar Advocacy pg 15. Also Orojo: Conduct and Etiquette in the Legal Profession at pg. 65.

"Mr. Smith, do you think that by introducing a little order into your narrative you might possibly. render yourself a trifle more intelligible? It may be my fault that I cannot follow you .. but I should like to stipulate for some sort of order. There are plenty of them. There is the chronological, the botanical, the metaphysical, the geographical, why, even the alphabetical order would be better than no order at all."

9. Must be candid and fair. Rule 32 RPC 2007. Counsel is regarded as an officer of the court, See rule 30 and the court is entitled to rely upon him for assistance in ascertaining the truth, verital est justitiae mater, Counsel must make the fullest disclosure of evidence to the Court whether for or against his case and must knot knowingly suppress a material fact. He must also not fail to cite a decided case that is against 'him although he is entitled to distinguish such case.

The paramount duty of counsel is not to mislead the Court. Re-certain Legal Practitioners (1960) 5 F.S.C. 233.

Rule 32 RPC 2007 Glebe Sugar Refining Co. Ltd V. Greenock Port & Harbour Trustees (1921) AC. 66. He must not knowingly mislead the court. He must also not stand by and allow the court to be misled.

Linwodd v. Andrew (1988) 5 8LT 612. Barrister permitted affidavits which contained matter amounting to chicanery to be used. On motion to commit him .for contempt of court it was. argued that all he had been guilty of was not having thrown up his brief. Held: It was his duty to disclose to the Court that the affidavits were untrue and that his fault did not consist in not throwing up his brief but in having made' himself a party to fraud whose aim was to delude the court. Court should not visit mistake of counsel on litigant where to do so would cause grave injustice to litigant Nig. Airport Authority v. Adewale (1985) 3 NWLR 474.

10.    Counsel should avoid Trial publicity. See Rule 3311.    Relation with Judges. See Rule 34

A lawyer shall not do anything, or conduct himself in such a way as to give the impression that his act or conduct is calculated to gain or has the appearance of gaining special personal consideration or favour from a judge.

CHAPTER VI

DUTY OF COURT TO COUNSEL

Constitutional obligation to grant fair hearing to both parties. Counsel must be allowed to conduct case in the way he thinks best and the court should not interfere. Counsel are entitled to be accorded right of audience. See Salim v. Ifenkwu & Ors (1996) 5 N.W.L.R. (pt. 450), 564.  Court is expected to respect counsel. See Ezeogu v. Onwuchekwa (1997) NWLR. Pt 502 Where the court unduly interferes the judgment may be set aside.

R. v. Clewere 1953 37, CR App Rep.37 Jones v. National Coal Board 1957 2Qb 55. (the Hippy Hallet Case)

Okorie v. Police 1966 LLR 134, See also Oteju & Ors v. Ologunna & Ors. (1992) 8 NWLR. (Pt 262) 752.

Akinfe v. The State (1988) 3 N W.L.R. p 85,.79.

Uso v. Police 1972 NSCC 37

Okoduwa & Ors v State (1988) 3. S.C.NJ. 110

Where a court refuses a reasonable request for adjournment and proceeds with the case without counsel, the court may breach the constitutional provision of "fair hearing". So also where the court did not allow counsel to call his witnesses or to make address.

A Judge should be impartial and observe rules of Natural justice. State v. Oyenubi (1973) 3 . U.I.L.R. pt.1, 156

Note with regret that the party that suffers when a judgement is set aside when there has been no fair hearing is the litigant not the judge. Innocent Madufor Ozims v. Edwards Anoruo 1991 3 NWLR Pt. 181 p. 571

In all a judge is to be impartial but not to sit unconcerned where counsel's incompetence is likely to cause injustice. See Alhaji Musa Omo Eleja V Bangudu (1994) 3 N W.L.R. pt 334,534

LEARNING THE PSYCHOLOGY OF THE COURT 1.          Know your Court (i)    Climatic condition - some have effective air-condition system in which case warm clothing like a 3 piece suit, sleeved vest, or thick material gown would be ideal. Others

have no functional air-conditioning and ventilation system is poor. Light material suit and gown will be more suitable. 

(ii)    Whether facilities for robing exist in court.  Otherwise alternative arrangements should be made.

(iii)       Whether facilities for Car Parking exist. Note call-over (or Motion) Days. Have regard to safety of car and contents  2         Know your Judge

(i)         Punctuality of Judge to court and habit of rising during hearing and when he rises for the day.(ii)       Peculiarities of Judge  (a)        Preference for large type or small type documents  (b)       Fast writing or slow writing judge           (c)        Loquacious Judge (d)       Awkward Judge (e)       Judges who write down so little

3. Respect for Judge  

(i) Stand up when court orderly bangs the door and remain standing until the judge has sat down.   (ii)        Stand up whenever the judge addresses you.   (iii)       Seek the judge's permission for almost everything you want to do in

court;     (a)  To announce yourself.              (b) To call and examine your witnesses.       

(c)  To refer to authorities and read passages from Law Reports.  In drawing the attention of the Judge to some case, you may say “May I refer your Lordship to …”

Thank the judge for almost everything he says to you.

"Most grateful to your Lordship" (d)    Don’t talk when the judge js talking or when another counsel is talking unless to enter an objection in the latter case. (e)    Do, not read magazines, chew anything or make use of mobile phones in the view of Court.

(iv)  Dress neatly and respectfully.

4. Where to sit in Court Select a seat that reflects your standing at the Bar. Give up seat for elders. It has rewards in the form of assistance and co-operation.

Avoid front row which is reserved.

Avoid press seats. The  Judge may refuse you audience.

Do not cross your legs.

CHAPTER VII

DUTY OF COUNSEL TO CLIENT

(i)         Duty to Accept Brief Duty to accept brief in the court in which the lawyer practices subject to proper professional fees otherwise called the Cab Rank Rule. Rule 24(1) RPC 2007. However, please note that counsel is not absolved from bringing questionable actions to court see rule 24(2) RPC 2007

See also ONYEGOCHA'S Case. "It has long been recognized that no counsel is entitled to refuse to act in sphere in which he practices, and on being tendered a proper fee; for any person however unpopular or even offensive he or his opinions may be, and it is essential that duty must continue. Justice cannot be done and certainly cannot be seen to be done otherwise" Per Lord Reid in Rondell v. Worsley (1969) A.C. at 227. The whole essence of such a rule is to protect the reputation of counsel in the course of performing their duties. However special circumstances may justify his refusal, at his discretion to accept a brief e.g. Personal interest, conflicting interest, religious ground, etc. Refusal on other ground may be unprofessional conduct.

See Udo v. State (1988) Pt 82) 316; Udofia v.   The State (1988) 7 S.C. N. J. 188. Okosi v. State (1989) NWLR 642 (Pt 100) Judicial decisions on them posit that a counsel assigned to defend an accused person charged with the offence of murder should not only exert his efforts fearlessly in the defence of such accused, he must also show commitment to the case over any of his personal engagement. Failure to do this may result in denying such accused his right to fair trial and possibly an order by the appellate court setting aside the conviction of such, accused by the trial judge. See also Queen v. John Uzochukwu (1958) 3 F S.C. 14.  (ii)         Duty to Take Instruction in Chambers Counsel should always be briefed in his law office and not in client's house or place of business. Consequently, counsel should always endeavour to maintain very neat law office, recruit smart and efficient staff, and procure good furnishing. In special circumstances e.g. infirmity or illness of client or some other reason which may prevent a client from 'coning to the law office, counsel may go to client's home to take instruction or accept brief. See Rule 22 RPC.

(iii) Duty to take full instruction A lawyer must always take full instructions from his client, and also obtain full knowledge of client's cause as well as ascertain all facts before advising thereon. A lawyer should

also avoid giving assurance to clients more so where his employment may depend on such assurance.

Mode of taking Instructions: It may be oral, written or both. However, it is advisable that lawyers should take instructions in writing. Denning L.J. in Griffith v. Evans (1953) 2 All E.R. 1364 had this to say. "The duty of a solicitor depends, of course, very much on what he is employed to do. In this case, the solicitor says that he was employed solely for the purpose of claim under the Workmen's Compensation Acts, and therefore, he was under no duty to consider the possibility of a common law claim, whereas the workman says that he' employed the solicitor to conduct his case for compensation without specifying whether it was under the Acts or not, leaving it to the solicitor to do the best he could for him, and therefore the solicitor 'ought to have considered the possibility of a claim at common law. On this question of retainer, I would observe that where there is difference between a solicitor and his client on it, the court has said for the last hundred years or more that the words of the client is to be preferred to the word of the solicitor, or at any rate, more weight is to be given to it. The reason is plain. It is because the client is ignorant and the solicitor is, or should be learned. If the solicitor does not take the precaution of getting a retainer, he has only himself to thank for being at variance with his client over it and must take the consequences.

(iv)      Duty to disclose Conflicting - Interest Duty to disclose conflicting interest at the time of retainer including any interest in or close connection with any person or the subject of retainer which might influence the client in the selection of counsel. Rule 17 RPC.

In some cases of conflicting interest; the brief must be refused. A lawyer will not be permitted to act against his former client when he has obtained confidential information while acting for him which would be improper and prejudicial to use against him in the service of an adversary. Otherwise, there is no rule that a lawyer cannot act against his former client. Onigbongbo community v. Minister of Lagos Affairs & 31 Others. In Re Chief FR.A. Williams 1972 2 U.I.L.R. 235 (SC).

Where there is special retainer, a lawyer should not accept any instructions in any matter forming the subject matter of the retainer, which will involve advising or arguing against the interests of the special retainer client. If the retainer is general, it is unprofessional conduct for a lawyer to advise or appear in any proceedings detrimental to the interests of the client paying retainer during the period of the retainer. (See Rule 49 (3) RPC).

Where Counsel receives brief from both parties he should not accept one where he has read the other. Halsburys 4th Edi. Vol. 3 P. 1143.

A Lawyer should not act in a case in which he had previously adjudicated as a judge or in which he had advised or dealt with when holding a public office. Rule 6 (1) + (2) RPC, Kehinde v. Balogun Adama (1975) 4 ODHC 2. Alhaji Raji Oyewole v. George Asa and others HOS.2A/75 unreported but cited in NBA v. Fawehinmi 1986 2 NWLR 224 at p.247. Aruwajoye v. Dada in Re: Aderemi 1973 56 WSCA 51 (55) Reynold v. H owell LR 8 QB 398. Yonge v. Toynbee 1910 KBD 235 . Adewuyi & Ors. V. Musadogun Ishola and ors 1958 WRNLR 110 (114).

Conversely, a judge should not preside over a case in which he had previously served as counsel or rendered legal advice unless he had fully disclosed this to the parties. Olue v. Enenwali 1976 2 SC 23. Counsel should not represent himself in litigation since objectivity and detachment can hardly be maintained. Egbe v. Adefarasin 1987 1 NWLR Part; 47.

In maintaining the highest tradition of the Bar, a lawyer should' present and argue his case dispassionately rather than being emotional. A lawyer who represents himself in the court can hardly be detached or dispassionate. See Oputa JSC in Egbe v. Adefarasin 1987 1 NWLR Part; 47.  (supra).

A lawyer should not act as counsel in a case in which he may be required to give evidence. However, distinction. must be made between the legal capacity of a lawyer to testify in the case he handles and the propriety of his so testifying. As to the former, the competence of a lawyer to testify is governed by the Evidence law (see S. 154 (1) of the Evidence Act). If he does not suffer from any of the disabilities mentioned in S. 154(1) and (2) of the Evidence Act, he is competent to give evidence. His competency is not vitiated by the mere fact that he gives the evidence in the case he handles and neither is his evidence inadmissible without more. See Vol. 17 Halsbury's laws of England, 4 th

Edition paragraph 233,. See also GACHI & Ors. v. THE STATE (1965) NMLR 33 AT 36; ELABANJO V. TIJANI (1986) 2. N.S.C.C. 1367. as to the propriety of his testifying in this circumstance. The position is that he should not ordinarily act as counsel and witness. See Gachi v. State (Supra); R.V. Secretary of States for India in Council (1941) 2 All E.R. 546 at 566; Horn v. Richard (1963) NNLR 67 AT 69. This is however a rule of practice, not a rule of law. Where a counsel gives evidence, he should not continue to act as counsel or if he knows ab initio that he is the only person with the necessary knowledge to prove or disprove a point in issue in the case, he should withdraw from the case and give his evidence. See also Rule 20 RPC. If a lawyer contravenes the rule of professional ethics and gives evidence in the case in which he acts as counsel, who should suffer? Professor Wigmore had this to say. -"It is not strange however that courts have sometimes been found ordering a new trial for counsel's breach of this rule of professional ethics. Why punish the innocent client? Why not suspend the counsel from practice? Courts are sometimes queerly illogical" (See Wigmore in his treatise on Evidence 3rd Ed. Vol. VI page

606. Paragraph 1911, cited by the S.C. in ELABANJO V. TIJANI (1986) 2. N.S.C.C. 1367.'case (supra).

FIDUCIARY RELATIONSHIP A Legal Practitioner should not buy his client's property as well as act as solicitor in the case. He should disclose his interest to his, client: ask him to retain another solicitor for the transaction and ensure that the price paid is fair.

WILLIAMS v FRANKLIN 1961 ALL NLR 218; ADUKE OYENIBI 1968 NMLR 477 A legal practitioner should accept no compensations, commission, rebates or other advantages from a person against whom he has been retained without the knowledge and consent of his client after full disclosure. See Rule 54 RPC.

A legal practitioner must fully disclose to his client the compensation he has obtained for on account of the brief. He must also disburse such money only on the instructions of his client.

A solicitor has absolutely no right to convert the client's property in his possession to his personal use. He can only do whatever is covered by his instructions. He cannot by the same token pledge a title deed or property which does not belong to him. Labode v. Otubu (2001) 7 NWLR at 282.

John Dada Ikabala & Ors V.J.O. Ojosipe (1972) 4 SC 82 CCCHCJ/2/72, Suit LD/967/91 21st

Feb. 1972 CCCHCJ/3/77 P.6.

(v)         Duty to thoroughly investigate and marshal facts stated by client, including interviewing of potential witnesses for his client or for the opposing side. Rule 25(i) RPC. It is inadvisable that counsel should meet his client's witnesses for the first time in court.

(vi)        Duty to advise client candidly and honestly. Under Rule 14 (2) e RPC, a lawyer shall inform the client that his claim or defence is hopeless if he considers it to be so. Where an action is statute-barred and counsel did not advise his client not to take the action, he could be damnified in costs.

  COCOTTONPOULOS v. P.Z. & Co. Ltd. 1965 LLR 170. He could also be liable for damages in negligence Bello Raji v: X. A legal practitioner (1946) 18 NLR 74  

The measures of damages in an action of this nature is the difference in the pecuniary position of the client from what it would have been had the solicitor acted without negligence. See Whiteman v. Hawkins and Godefroy v. Jay 1831 5 M & P 284 (297). Note that a counsel may be ordered to pay personally part of the costs awarded against his client, incurred as a result of dereliction of his duty to court. See Ajenifuja v. Salakoh unreported FSC 337/1959       (vii) Duty to preserve confidential communication Legal Practitioner must preserve his client's confidence and must not disclose any confidential communication made to him by his client without the client's knowledge and consent. Rule 19 RPC. See also Section 170(1) Evidence Act.

Queen v. Eguabor 1962 1 ALL NLR 287. When original and translated version of statement of accused to the police was being produced and read in court, accused denied that it is correct. He said what he told the police was that he was sick and could not get up. Defence Counsel then said "I do not object to the statement being tendered. My original instruction was that accused went to tap palm wine on the day 'in question". See also Horn v. Richard (1963) NNLR 67  HOLDEN, J., in this case stated that "Every Client is entitled to feel safe when making disclosures to his solicitor or counsel, and there are cases establishing firmly that counsel cannot be called to give any evidence which would infringe the client's privilege of secrecy".

The duty does not determine with the end of the proceedings for which lawyer is retained nor by the withdrawal of the retainer. It lasts forever unless waived by the client. S. 169 (3) Evidence Act. WILSON v. RASTALL 1972 14QB 153 The privilege, however, does not exist when the communication relates to an unlawful transaction such as the commission of a crime or a fraud. Rule 19(3)(c) RPC Annesley v Earl of Anglessea 1743 LR 5QB 317. Complainant told the prosecutor that "he would give a large sum to have his adversary hanged". Gobden v. Kendrick 4 TR 431, plaintiff admitted to his attorney after trial that he had given no consideration for promissory note sued upon. See also the Provision of Section 170(1) Evidence Act.

R. v. COX 1884 14 QB 153. After a judgement had been obtained against R., he consulted a solicitor to seek advice on whether a bill of sale could be executed by him and dated before judgement. On a prosecution of R for conspiracy to defraud the judgement creditor, it was held that the solicitor could give evidence of communication by R.

Note that the duty to preserve confidential communication equally applies to interpreters and clerks and agents of Legal Practitioners S. 170 Evidence Act.

(viii) Duty to follow client's instructions It is a duty of lawyer to follow client's lawful instructions and he will be held responsible for any loss which may ensue as a result of his disobeying them. Usun v. Anwan 1947 18 NLR 144.        

Where a client issues instructions to his lawyer which the lawyer in the proper exercise of his professional judgement cannot accept, the lawyer must· terminate. the brief Adewunmi v. Plastek Nig. Ltd (1986) 2 N.S.C.C. 852.,

RIGHT OF A LAWYER TO CONTROL INCIDENTS OF TRIAL: RULE 24(4) RPC In the absence of express limitation, an instruction to a lawyer confers upon him the power to do all such things as he considers necessary within the scope of his instructions to obtain the most favourable result for the client. Thus, he can compromise a suit or withdraw an appeal without further reference to his client. He can determine what accommodations to be granted to the opposing lawyer to the exclusion of his client, provided the merits of the case are unaffected and the client is not prejudiced. Rule 24(5) RPC.Note that the basis of the Counsel's right to control incidents of trial is the presumption of the client's confidence in the counsel. See Edozien v. Edozien (1993) 1.N.W.L.R. (pt 272) 678 at 693.

Note also that it is a right, not a duty.

Orisharinu v. Mefun 1937 (13) NLR 187 Adewunmi v. Plastek Nig. Ltd (1986) 2 N.S.C.C. 85(supra)

In the latter case Eso JSC said this:- "Counsel has authority, except he is expressly limited, to withdraw the record, to call or refuse to a call a witness, to determine the order in civil proceedings in which to call his witness, to decide what particular questions to ask a witness unless his client insists on the line of questioning in which case counsel will have a discretion to accept such· instruction or withdraw from the case. Counsel can consent to arbitration, to a compromise, to a verdict, to a reduction of damages. A lawyer can settle a client's case out of court, he can compromise it in court or out of court. A lawyer is a professional and vis-a-vis a client, he is on contract, and his professional skill, hired by the client, is to be employed at his discretion. After all, he is employed to deal with learned men, in learned surroundings and he himself is learned, while the client, even if he is a lawyer himself is not learned for the purpose of the case". NOTE" The wide scope of power conferred on a counsel to control incidents of trial has been limited to technical matters and not admission of facts. Abidogun v. Arowo-Mokun (1990) 6 N.W.L.R. (pt 158) 618 at 628; Difa v. The state (1997) N.W.L.R 224 at 226.

See also Mosheshe General Merchants Ltd. Vs Nigeria Steel Products ltd. (1987) LN.W.L.R. Part 55 at page 110  and N.N.S.C. v Sabana (1988) 2 NWLR page 23. Note also the cases of Babajide Ali v. Aisa 1966 ALL.N.L.R. 249; Bello Akanbi & Others v. Mamudo Alao (1988) ALL.N.L.R. 242 and Alhaji Abba Gana v. Alhaji lerma & Anr. SS.C. 102/1983 (Unreported) Elike v. Nwakwoala, (1984), .A.N.L.R. 505 Strauss v. Francis (1866) LRI QB 379. In this case Blackburn J. pronouncing on the authority of a counsel over a case said as follows: "Few counsel, I hope, would accept a brief on the unworthy theme that he is simply to be the mouthpiece of his client. Counsel, therefore, being ordinarily retained to conduct a cause without limitation, the apparent 'authority with which he is clothed when he appears to conduct the case is to do every thing which, in the exercise of his discretion, he may think best for the   interest of his client in the conduct of the cause".   Note: In representing a client in court, counsel need only to announce his appearance for such client and court will automatically presume that the counsel so appearing has the authority of the client he Claims to represent. Courts do not inquire into counsel's authority to appear. Tukur v. Govt. of Gongola State (1988) 1 NWLR 39 (pt 68) or ALL. N.L.R. 42 .

(ix) Duty to appear in litigation on behalf of his client until conclusion of the case.

   A lawyer can only withdraw from employment, once assumed, for good cause and after reasonable notice to the client. Rule 21(1)(2)(3) RPC 2007. "Good Cause' includes where the client insists upon an unjust or immoral counsel in the conduct of his case, or if he persists over the lawyer's emonstrances in presenting frivolous defence, or if he deliberately disregards an agreement or obligation as to fees and expenses". Upon withdrawal, lawyer should refund such part of the retainer as has not been clearly earned. Rule 21(4) RPC 2007 CLIENTS' RIGHT TO TERMINATE BRIEF –Rule 18(1) RPC 2007A Client may terminate his brief to counsel at any time when he no longer has confidence in him. A client can change his lawyer whether for good cause or not. No refund of fee paid can be claimed. If full fee has not been paid, the lawyer can bring an action to recover it. ABURIME v NPA (1978) 4 SC 111. Client must terminate his retainer with one lawyer before briefing another lawyer. Rule 11 (e) Note also Rule 11 (c) Trade Bank PLC v. Deen Mark Construction Co. Ltd & Ors (1996) 2 NWLR (pt432)577 at 593. NOTE: Where a counsel is debriefed, he owes the court a duty to make a final appearance before the court for a formal withdrawal of his representation. See Okonedo - Egharegbarni v. Julius Berger Nig. Ltd (1995) 5 N.W.L.R. (pt 398) 679 at 699.

  (x) General Professional Duty of lawyer to Client Rule 14(1) RPC 2007

Under the new RPC, Rule 14(1), it is the duty of a lawyer to devote his attention, energy and expertise to the service of his client and subject to any rule of law, to act in a manner consistent with the best interest of his client. See also Rule 14(2)-(5) new RPC.

Regarding the exercise of zeal by the lawyer, there have been 2 schools of though viz: 

(i) Lord Brougham in defence of Queen Caroline before the House of Lords: “An "advocate, by the sacred duty which he owes to his client knows in his discharge of that office, that he owes his duty to one person in the world, that client and none other. To save that client by all expedient means, to protect that client at all hazards and cost to all others, and amongst others, to himself is the highest and most unquestionable of his duties and he must not regard the alarm, the " suffering, the torment, that destruction which he may bring on any other".

(ii)House of Lord in Myers v Elman 1940 AC 282 at p. 307., "My, noble and learned friend Lord Brougham said that an advocate should be fearless in carrying out the interest of his client; but 1 couple that with the qualification and restriction - that the arms which he wields are to be the arms, of the warrior and not of the assassin. It is his duty to strive to

accomplish the interests of his clients per fas, but not per nefas, it is his duty, to the utmost of his power, to seek to reconcile the interests he is bound to maintain, "and the duty it is incumbent upon him, to discharge with the external and immutable interests of truth and justice". It is submitted that (ii) above is in accord with Rule 14(1) RPC and Rule 15(1) and (2) RPC 2007.  This latter view is the correct one and has been generally endorsed. See also D.P.P. v. Sadiq [1980] 1 N.C.R. 370 at 371.

A solicitor is an officer of the court and owes a duty to the court, he is a helper in the administration of justice. He owes a duty to his client but if he is asked or required by his client to do something which is inconsistent with his duty to the court, it is for him to point out that he cannot do it and if necessary cease to act. Rule 15(1) and (2) RPC 2007.

The duty a solicitor owes to the court is paramount. If he were to be a solicitor in the light of Lord Brougham's description, he will ultimately become the mouthpiece of his client or his tool (see Rondel v. Worsley (1966) 3 WLR 950). Apart from the court, a solicitor owes a duty to the State to uphold the laws and advise his client to do the same. (See Rule 15(2)(b) new RPC). He owes a duty to the other party and his professional colleagues on the other side to be fair and candid. Rule 27 RPC. He owes a duty to the profession to avoid the perpetration of despicable acts such as would drag the noble and honourable profession into disrepute. In effect, a practitioner in attempting to win a case for his client by hook or crook will invariably offend the court and may in the process become insolent to the judge, the State and his profession. He will definitely be the worse off.                        Lord Denning in Rondel v. Worsley (1966) 3 WLR 950).states as follows: "It is a mistake to suppose that he is mouthpiece of his client to say what he wants, or his tool to do what he directs. He is more of these things. He owes allegiance to a higher cause. It is the cause of truth and justice. He must not consciously mistake the facts. He must not unjustly make a charge of fraud, that is, without evidence to support. He must produce all the relevant authorities, even those that are against him". See UBA v. Tann (1993),4 N.W.L.R (pt 287) 368 at 381 per TOBI J.C.A. (as he then was).

  (xi).      DUTY IN CRIMINAL CASES (See generally R37 RPC 2007)

 (a)        DUTY OF PROSECUTING COUNSEL "The Primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done. Rule 37(4) RPC. The suppression of facts or the secreting of

witnesses capable of establishing the innocence of the accused is unethical and savours of unprofessional conduct Rule 37(6) RPC 2007.  According to Sir Malcom Hilbery' "As a prosecutor it is his duty to see to it that every material point is made ,which supports the prosecution's case or destroys the case put forward for the defence. But as prosecution counsel he should not regard his task as one of winning the case. He is not to make merely forensic points or debating scores. There is, perhaps, no occasion when the barrister is called upon to exhibit a nicer sense of his responsibilities than when prosecuting".

Rand J. in the Canadian case of Boucher v. R. 1955 SCR 6 at p. 23 also offers complimentary opinion on the duty of a prosecuting counsel as follows: "It cannot be over emphasized that the purpose of a criminal prosecution is not to obtain a conviction. It is to lay before the court what the crown considers to be credible evidence relevant to what is alleged to be a crime. Counsel has a duty to see that all available legal proof of the facts is 'presented, it should be done firmly and fairly. The role of prosecutor excludes any notion of winning or losing, his function is a matter of public duty than which in civil life there can be none ,charged with greater personal responsibility. It is to be efficiently performed with an ingrained sense of the dignity, the seriousness and the justness of judicial proceedings".

See also (i) Atanda v. Attorney General 1965 NMLR 225 (2) Layonu v. State 1967 1 ALL NLR 198 (iii) Odofin Bello v. State 1967 NMLR 9 (iv) Enahoro v. The State 1965 1 ALL NLR 125.

The criminal appeal court in England, in the case of R.v. Sugarman, emphasized that "the business of the State counsel is fairly and impartially to exhibit all the facts to the jury. The crown has no interest in procuring the conviction but that the right person be convicted". The court warned that where counsel relies on the real strength of his case and thinks he can strengthen it by things collateral, in a manner contrary to the law, he only weakens his case and may prevent a verdict which ought to be obtained. Where a prosecuting counsel is aware of any decision of the court favourable to the accused it is impropriety in him to hide it from the court. He can, however; legitimately do any of the following:      (i)        If the decision is by a lower court, he may invite the court to overrule it.     (ii)        If by a court of co-ordinate jurisdiction, he can either distinguish it

from the case in hand or invite the court to depart from the decision (by overruling same). See R v. ANANI 13 WACA 196.

A public prosecutor shall not institute a criminal charge if he knows it is not supported by probable evidence. See R37(5) RPC 2007.

(b)       DUTY OF DEFENDING COUNSEL It is the right of the lawyer to undertake the defence of a person accused of crime, regardless of his personal opinion as to the guilt of the accused. Otherwise innocent persons, victims only of suspicious circumstances might be denied proper defence. The lawyer is bound, by all fair and honourable means to present every defence that the law of the land permits, to the end that no person may be deprived of life or liberty but by the due process of law. Rule 9 old RPC. There is however no equivalent in the RPC.   Sir Malcom Hilbery said that "He must remember, if he is defending, that it is not for him to provide or devise a line of defence for the accused. His duty is to receive the accused's story from him and to do with it the best he can"

R. v. Bullivant 1900 2 QB 163 Myers v. Elman 1940 AC 282.

Duty when client confesses guilt: A confidential disclosure of guilt alone does not require a withdrawal from the case.

However, if the accused who has confessed insists that he shall give evidence (of innocence) or that such positive evidence to establish falsely his innocence shall be called, the barrister must refuse to represent him. He cannot take part in putting forward a case which on the prisoner's confession he knows will be a false one supported by perjury. Rule 15(3)(f) RPC 2007.

The plea of not guilty is a formal plea, which is merely a challenge to the prosecution to prove its case. Since the prisoner is presumed innocent till proved guilty, and it is always for the prosecution to prove guilt, there is no impropriety in fighting to show that the prosecution's evidence has fallen short of proof: that is entirely different from being party to putting before the court a positive defence known to be false. Even where the accused admits the guilt of the charge against him after the trial has started that should not ipso facto discourage the defence counsel in the defence of the accused person. Where the prosecuting counsel fails to discharge his duty to prove accused guilty beyond reasonable doubt, the defence counsel should not hesitate in pointing out the lapse on the part of the prosecuting counsel or officer to the court in his address. See Ahmed v. C.O.P. (1971) N.M.L.R. 409, Abele v. TIV N.A. (1965) N.M.L.R. 425. As to the standard expected of a defence counsel in a murder charge, See Udo v. State (1988) Pt 82) 316(supra); Okosi v. State (1989) NWLR 642 (Pt 100) (supra); Udofia v.   The State (1988) 7 S.C. N. J. 188. (supra); Queen v. Uzochukwu (supra).

xii)       DUTY IN CIVIL CASES

a)        Where a case is hopeless in civil litigation, a lawyer must decline to bring the action: "You say in your evidence that you neither persuaded nor dissuaded the plaintiff when he applied to you on the subject of his action. In that respect you did not do your duty. It was your duty to tell him that he ought not to bring the action"

"The lawyer must decline to conduct a civil case when convinced that it is intended merely to harass or injure the opposite party or to work oppression" Rule 24(3) RPC. See also Rule 24(2) RPC 2007. , It is an abuse of the process of court to issue a writ knowing that there is no real cause of action and the legal practitioner may be required to pay the costs to which his client has been put. Cocottonpoulous v. P.Z. co. Ltd. 1965 LLR No. 170

b) Where litigation is advised counsel should refrain from making bold and confident assurances. More importantly, he should remember the rules of natural justice that the other party has not been heard. Where the counsel discovered that the case is hopeless after it has been commenced he should advise against its continuance but if the client insists on going on, it is not dishonourable to accept the instruction. Re Cooks 1889 5 LTR 407.

c)        Duty to Exercise Professional Competence Section 9 Legal Practitioners Act provides:   (1)        Subject to the provision of this section, a person shall not be immune from liability for damage attributable to his negligence while acting in his capacity as a legal practitioner, and any provision purporting to exclude or limit that liability in any contract shall be void.                     (2)        Nothing in the foregoing subsection shall be construed as preventing the exclusion or limitation of the liability aforesaid in any case where a legal practitioner gives his services without reward either by way of fees, disbursement or otherwise.   (3)        Nothing in subsection (1) of this sector shall affect the application to a legal practitioner of the rules of law exempting barristers from the liability aforesaid in so far as that rule applies to the conduct of proceedings in the face of any court, tribunal or other body.

The solicitor has a duty to devote to the clients business that reasonable care and skill to be expected from, a normally competent and careful practitioner. Degree of "Care and Skill" "No attorney is bound to know all the law. God forbid that it should be imagined that an attorney is bound to know all the law or that an attorney should lose his fair recompense on account of an error, being such an error that a cautious man might fall into". MONTRIOU v. JEFFREYS 1825 & P 113(116). "

"A solicitor should not be judged by the standards of a particularly meticulous and conscientious practitioner, the standard is what a reasonably competent practitioner would do having regard to the standard normally adopted in his profession". Midland Bank v. Stubb & Kemp 1979 Ch 384.

CASES OF LIABILITY Giving wrong advice: Otter v. Church Adam Atham & Co. (1953) Ch 280 bringing action which is statute barred: Bello Raji v: X. A legal practitioner (1946) 18 NLR 74 ; delay in instituting proceedings so that the action became statute-barred unless client neglected to give lawyer instructions or to put lawyer into funds: Clayton v. Kearsey (1935) 79  SJI 180; delay in entering an appearance or serving defence so that default judgement is obtained by Plaintiff; failure to prosecute case with due diligence so that case is struck out for want· of prosecution: Fitzpatrick v. Batget & Co Ltd 1967     Q WLR 706 ; failure to make searches in conveyancing: Allen v. Clark (1863) 7 LT7 81 (Solicitor acting for purchaser failed to discover that property was mortgaged); bringing an action against wrong parties; Salf alli v. Sydney Mitchel & Co. (1980) AC 1980 . Counsel may be liable to third Party: Ross v. Caunters 1980 1 Ch 207 .

Exceptions: (1) Where lawyer is acting without remuneration he may not be liable. (Section 9(2) LPA. Lawson v. Sifre & Mati (1932) 11 NLR 113, which followed the English decision in Cassidy v. Minister of Health 1951 2 K b 343. (Cassidy sued Minister of Health for negligence of he doctors who performed an operation on him. Before the operation he had no stiff fingers. After, he had four stiff fingers, Held (i) Negligence is presumed until the contrary is proved and (ii) that the Hospital is liable for negligence of its servants and (iii) there is liability whether the doctors do the act for reward or not.). "If a man goes to a doctor because he is ill, no one doubts that the doctor must exercise reasonable care and skill in his treatment of him; and this is so whether the doctor is paid for his service or not" Lord Denning. Discipline of Law Page 238.  

(2)       There is no liability for negligence committed when conducting a case in court e.g. failure to call a witness or to cross-examine a witness. Rondel v. Worsley (1967) 1 Q.B. 4477 ALL E.R. 993.

It is pertinent to point out here that the decision in Rondel v. Worsley (1967) 1 Q.B. 4477 ALL E.R. 993.  has been overruled by the House of Lords in ARTHUR   J. S. HALL & Co. v. SIMONS (2000) ALL E.R. 673; . The effect of this is that Barristers in England no longer have immunity from liability for damage attributable to negligence.

However, the position of the law in Nigeria remains as stated in Section 9 (3) Legal Practitioners Act  i.e. Barristers are exempted from liability for damage attributable to negligence regarding their conduct of proceedings in the face of any court, tribunal or other body. The reason for this being that in the event of conflict between our statute and an English decision, our statute prevails.

The rationale behind this exception, which no other professional enjoys is predicated on public policy, centred on-   (i)        the need for lawyers to be fearless and independent in conducting the case in the court.   (ii)        The possibility of a case being retried all over again in order to sustain an action in negligence against the counsel   (iii)       The need to forestall endless litigation as every lawyer who losses a case will invariably be sued by the client. Lord Denning, in his judgement gave copious justification for this immunity as follows: "There is in my judgement, a sure ground on which to rest the immunity of barrister. At any rate, so far as concerned his conduct of a case in court. It is so that he may do his duty fearlessly and independently as he ought; and to prevent him being harassed by vexatious actions such as this present one now before us. It is like the ground on which a judge cannot be sued for an act done in his judicial capacity however corrupt .. and on which a witness cannot be sued for what he says in giving evidence, however perjured .. and on which an advocate cannot be sued for slander for what he says in court however malicious ..

"It is fearsome thing for a barrister to have an action brought against him, to have, his reputation besmirched by a charge of negligence. To have the case tried all over again but this time with himself, the counsel, as the defendant. To be put to all the anxiety and, I would add, all the most of defending himself. Even though in the end he should win. Faced with this prospect, a barrister would do all he could to avoid, rather than risk it, he would forever be looking over his shoulder to forestall it. He would be tempted to ask every question suggested by the client, however irrelevant; to call every witness desired by the client: however useless; to take every point, however bad; to prolong the trial

inordinately; in case the client should be aggrieved and turn around on him and sue him for negligence. If a barrister is to be able to do his duty in court fearlessly and independently, he must not be subject to the threat of an action for negligence".

NOTE: It was also observed in Imo Broadcasting Corporation v. Iwueke (1995) 1 N.W.L.R. (pt 372 ) that counsel are by the calling of their profession responsible men on whom the vice of negligence or inadvertence is a rare attribute.

d) DUTY TO OPEN CLIENT ACCOUNT A Lawyer has the duty to open a separate bank account for the keeping of money received on behalf of a client and should make no withdrawal from it unless permitted by the Rules. A lawyer who breaches this provision could have his name struck off the roll even though there has been no criminal trial or conviction. In Re a Solicitor 121 Sol.J0376. Decided 25 th May 1977 . A bank cannot have recourse to the Legal Practitioners client's account to recover any indebtedness of the legal practitioner to the bank unless the indebtedness arose in connection with the account. Section 20(1) Legal Practitioners Act .

Note that where a lawyer collects money for his client, or is in position to deliver property on behalf of his client, he shall promptly report and account for it and shall not mix such money or property with or use it as, his own. See Rule 23(2) RPC 2007.

DUTY OF COUNSEL IN SPECIAL CIRCUMSTANCES

1 a) DUTY TO FELLOW ADVOCATE(i) To treat with respect, fairness, consideration and dignity - Rule 26(1) RPC 2007. Lawyers are to treat one another with respect, fairness, consideration and dignity and shall not allow any ill – feeling between opposing clients to influence their conduct and demeanour towards one another ( and even towards the opposing clients).

In Re Johnson (1887) 20 QBD 68 it was held to be contempt for a solicitor to abuse and threaten an opposing counsel while on his way along the passages from the judge's chambers after an application therein. He should endeavour as far as possible to suit the convenience of fellow counsel when the interests of his client or the cause of justice will not be injured by so doing. It is particularly improper for counsel to criticise another or impugn his motives for taking a weak case or seeking an adjournment. See Iso v. Eno (1992) 2 N.W.L.R (pt 590) 204 at pp 217-218 per TOBI J.C.A. (as he then was).

Rule 27 also enjoins lawyers to maintain good faith and fairness amongst each other.

  (ii)       To keep Promises - Rule 27(2)(a) RPC 2007.A lawyer should adhere strictly to all express promises to and agreements with opposing counsel, whether oral or writing, and should adhere in good faith to all agreements implied by the circumstances or by local customs. United Mining Co. v. Becher 1910 2 KB 296 Ex p Hales 1970 2KB 539 Re Hull Country Bank 1879 13 Ch 261.               (iii)       To Avoid Sharp Practices- See generally Rule 27(2)(c) 2007.When he knows the identity of a lawyer representing an opposing party, he should not take advantage of the lawyer by causing any default or dismissal to be entered without first inquiring about the opposing lawyer's intention to proceed. In the trial of a cause it is unethical to allude to the personal colloquies between counsel which cause delay and promote unseemly client wrangling. Ludwig felt that 2 causes contribute to sharp practices (1) the desire to please a revengeful client and (2) the desire to manufacture costs. See Densa Engineering Works Ltd v. U.B.N. PLC (1991) 1 N.W.L.R. (pt 585) 162 at 171 per Salami J.C.A., Kwaptoe V.Isenyi (1999) 4 N.W.L.R. (pt 600) 571 at 574.  (iv)       Equality of Members –Rule 26(2)RPC 2007.Rule 38 RPC. Subject to the rules of precedence all members of the Bar are equal. This principle involves the explanation that no member of the Bar irrespective of his rank or title shall regard himself as superior or inferior to any other member of the Bar.           

(v)        Denigration of the -members of the profession is infamous conduct. ALLINSON v. GENERAL MEDICAL COUNCIL.  (vi)          Duty not to Covet Clients Rule 27(4) RPC provides that when a member of the bar is aware that a person is already represented by another member of the Bar in a particular matter, he shall not have any dealing with that person in the same matter without giving prior notice to the other member of the Bar. The member of the Bar accepting instructions in such circumstances shall use his best endeavours to ensure that all the fees due to the other member of the Bar in the matter are paid.

(b)       DUTY TO OPPONENTS Duty to be fair and avoid unjustifiable litigation "The lawyer must decline to conduct a civil cause or to make a defence when convinced that it is intended merely to harass or injure the opposite party or to work oppression or wrong." Rule 24(3) RPC 2007.

In Re Cooke (1889) 5 TLR 407 Lord Esher said:

"If a solicitor were instructed by his client to take certain proceedings which could legally be taken but which would, to the knowledge of the solicitor, injure his antagonist unnecessarily, but the client nevertheless instructed him to go on in order to gratify his anger then, if the solicitor knew all this, he would be unfair and wrong if he took those proceedings, although he was acting on instruction in so doing". A lawyer is not to take, unreasonable or oppressive proceedings in order to gratify a malicious client. Legal Ethics P. 135. - Counsel should refrain from invective and abusive words even against his opponent. If he does, the court ought to stop him. "Eloquential Cogniturans male decdendi subile" (it is dog's eloquence to undertake the task of abusing one's opponent).   11         DUTY TO THE STATE   (i)        Duty to uphold the Law (General Responsibility of a Lawyer).Rule 1 RPC 2007.

A lawyer has a special duty to _uphold the law and promote the cause of justice because

he occupies a quasi-official position. In the words of Justice Yales in Mayor of Norwich v.

Berry 1767 BURR 2109 at p.2115. "The court must have Ministers, the Attorney are its

Ministers".

In the U.S. case of Re-summers 1945 325 US 561 the decision by the Bar of Illinois to

refuse admission to a conscientious objector to National service on the ground that he

would be unable to subscribe to the oath to support the constitution of the State of

Illinois was upheld by the Supreme Court.

Note the rule that "Any misconduct by a lawyer which would if committed before he was

a lawyer have been sufficient to prevent him from being admitted as a lawyer will be

sufficient to warrant his being struck of the roll or suspended from practice. Re Hill 1868

LR 30B 545.

See Waziri v. State (1997) 3 N.W.L.R. (PT 496) 689. Se also Okaro V State (1990) 1

N.W.L.R. (pt 125) 128 at 136 where it was held that a Counsel in court in a capital trial

has a very important and sacred duty to perform. He owes that duty to not only his client

and the court but also to society at large. It is of the very essence of that duty that he

should promptly take objection to every irregularity at the trial, be that an irregularity

relating to procedure or to evidence called at the trial.

     

(ii)        Duty not to Advise or Assist in Violation of the Law

Goodenough v. Spencer: 1874 46 How. Pr. 347 (Howard's New York Practice Reports)

at pp.350-351:

"No attorney or counsel has right in discharge of his professional duties to involve his

client by his advice in a violation of the laws of the State, and when he does so, he

becomes implicated in the client's guilt if, when by following the advice, a crime against

the laws of the State is committed. The fact that he acts in the capacity and under the

privilege of counsel dos not exonerate him from the well-founded legal principles which

render all persons who advice and direct the commission of crime guilty of the crime

committed by compliance with the advice".

Myers v. Elman 1940 AC 282.

Where a Testator instructed his lawyer to prepare certain conveyance with intent to

evade payment of duty which the solicitor carried out, an order to the solicitor to produce

the instructions cannot be resisted as privileged communication.

 

III        DUTY TO THE PROFESSION Rules 1, 2, 3 & 4 RPC 2007.

Rule 1 (General responsibility of a lawyer) provides that a lawyer shall uphold and

observe the rule of law, promote and foster the course of justice, maintain a high

standard of professional conduct, and shall not engage in any conduct which is

unbecoming of a legal practitioner.

Rule 2 of the new Rules provides that- A lawyer shall not knowingly do any act or make any omission or engage in any conduct designed to lead to the admission into the legal profession of a person who is unsuitable for admission by reason of his moral character or insufficient qualification or any other reasons.

Rule 3 provides that a lawyer shall not aid a non lawyer in the unauthorised practice of the law or share his legal fees with a non lawyer except as provided in Rule 53. He shall also not write or sign his name on a document prepared by a non-lawyer, for a fee, as though such a document were prepared by him.

Rule 4 – He shall not permit his professional services to be controlled or exploited by any lay agency which intervenes between him and the client. Charitable societies or institutions rendering aid to the indigent are not deemed as such intermediaries.

Instigating Litigation or controversy. Rule 47 RPC 2007

(a)       It is unprofessional conduct for a lawyer to proffer advice to bring a lawsuit, except in rare cases where ties of blood relationship or trust may render it necessary. Fermenting strike or instigating litigation is unprofessional conduct. (b)        Other objectionable matters to be avoided by lawyers include -   (i)         Searching of land titles for defects with a view to employment In litigation.   (ii)        seeking claimants in respect of personal injuries and other causes of action as possible clients   (iii)       engaging agents and others to follow up on accidents with a view to employment in legal capacity by next-of-kin and others.   (iv)       Offering reward to persons likely by reason of their own

employment to be able to influence legal work in favour of a particular lawyer.

It is in the interest of the profession generally that any such case should be reported to the Bar council for disciplinary action. See Rule 55(2) RPC 2007

Advertising and Soliciting, Rule 39 RPC 2007.

The new Rules permit advertising to some extent. See R 39 of the new Rules which provides as follows:

(1)     Subject to paragraphs (2) and (3) of this rule, a lawyer may engage in any advertising or promotion in connection with his practice of the law provided:

(a)    It is fair and proper in all the circumstances.(b)   It complies with the provisions of these Rules.

(2)     A lawyer shall not engage or be involved in any advertising or promotion of his practice of the law which-

(a)    is inaccurate or likely to mislead;(b)   is likely to diminish public confidence in the legal profession, or the Administration of

Justice, or otherwise bring the legal profession into disrepute;(c)    makes comparison with or criticizes other lawyers or other professions or professionals;(d)   includes statement about the quality of the lawyers work, the size of success of his

practice or his success rate or;(e)    Is as frequent or obstructive as to cause annoyance to those to whom it is directed.

(3)     Notwithstanding the provisions of paragraph (1) , a Lawyer shall not solicit professional employment either directly or indirectly :

(a)    By circulars, handbills, advertisement, through touts or by personal communication or interview.

(b)   By furnishing, permitting or inspiring newspaper, radio or television comments in relation to his practice of the law;

(c)    By procuring his photograph to be published in connection with matters in which he has been or is engaged, or concerning the manners of their conduct, the magnitude of the interest involved or the importance of the lawyers position;

(d)   By permitting or inspiring sound recordings in relation to his practice of law; or(e)    By such similar self-aggrandisement.

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

(a)    His name or names of his professional association.(b)   His address, telephone number, telex number, e-mail address etc.(c)    The school, colleges or other institutions attended with dates of graduation, degree and

other educational or academic qualifications or distinctions;(d)   Date and place of birth and admission to practice law;(e)    Any public or quasi-public office, post of honour, legal authorship etc.(f)     Any legal teaching position;(g)    Any National honours;

(h)    Membership and office in the Bar Association and duties thereon; and (i)      Any position held in legal scientific societies.

SEE ALSO: Rule 40 which permits practitioner’s name and address on note papers, envelopes and visiting cards.Rule 41 which also permits practitioner’s name and address on signs and notices.Rule 42 permits practitioner’s name and qualifications in an article or book for publication. Rule 43 permits notice of change of address sent to clients.Rule 44 permits a lawyer to send to other lawyers in his locality and also publish in his local journal, a brief and dignified announcement of his availability to serve other lawyers as associates and consultants.Rule 46 (1) A lawyer may write articles for publication, or participate in radio and television programmes in which he gives information on the law, but shall not accept employment from any such publication or programme to advice on inquiries in respect of their individual rights.

(2) A lawyer shall not –(a) insert in any newspaper, periodical or any other publications, an

advertisement offering as a lawyer, to undertake confidential enquiries;(b) write for publication or otherwise cause or permit to be published

except in a legal periodical, any particulars of his practice or earnings in the courts or cases where the time for appeal has not expired on any matter in which he has been engaged as a lawyer; and

(c) take steps to procure the publication of his photograph as a lawyer in the press or any periodical.

(3) Where a lawyer is instructed by a client to publish an advertisement or notice the lawyer may put his name address and his academic professional qualifications.

Miscellaneous DutiesDuty to take notes. Counsel should take his own personal notes of the evidence, submissions and rulings in the case in which he is counsel. (1) He will need to know what one witness said so that he can "put" his evidence to the witness for opposite party when necessary.(2)    He will need the note of a witness evidence during his examination in chief for purposes of cross-examination of that witness and/or other witness. (3)    He will need to be able to review all the evidence that has been given in his final submission.

(4)    He will need the notes of evidence to determine the accuracy of record of proceedings made by the judge for the purpose of appeal.

DUTY OF CLIENT TO LAWYER To pay the agreed professional fee or stipulated fee to a lawyer on dates due. In default, the lawyer may withdraw his services. Rule 21(3) RPC 2007 and or may bring an action to recover such fee. Section 16(1) Legal Practitioners Act.  A lawyer should as much as possible avoid controversies with clients concerning remuneration, so far as shall be compatible with his self respect. Lawyers are advised to resort to court only to prevent injustice, imposition or fraud G.O.K. Ajayi v. Lagos City Council (1969) 1 ALL NLR 367

A lawyer can only sue for professional fees if he has served on the client a bill of charges duly signed by him BAKARE V OKENLA (1968) 5 NSCC 245 . Where fees is agreed in writing by both parties, a lawyer can sue for its recovery SOLUADE v. FARI 9 NLR 87

The court may on the application of a client, order a legal practitioner to deliver his bill or charges to the client and punish him for contempt in case of refusal or failure to do so, Section 16(4) Legal Practitioners Act

 A solicitor has a right of lien on the property of his client in his possession.  ABDALLAH v. THOMAS 2 WACA 114.  He cannot however, spend money to which he lays claim.  Proper course is to have the matter settled either by negotiation or legal process SAGOE v R 1963 1 ALL NLR 290 (293). Solicitor has two other remedies: 

(i)        He can ask the court to direct that personal property recovered under a judgment obtained by his exertions stands as securities for his costs for such recovery

(ii)      He can apply to court for charging order on property recovered or procured through his instrumentality in respect of his suit. 

ESSENTIAL QUALITIES OF GOOD ADVOCATEExtract from Munkman “The Technique of advocacy” 

(i)        A good voice:It does not need to be  a very loud voice, since the carrying power of a voice depends on its quality rather than its volume but it is necessary to be able to speak clearly and

distinctly.  A monotonous voice will soon bore the judge, so that some variation of tone is also important.  In speaking in court it is best to go fairly slowly, as otherwise part of the argument may be missed. 

(ii)      Command of words:A sound command of the English language is another essential.  Without this it is impossible to frame questions readily in cross-examination, to frame non-leading questions in examination-in-chief, or to deliver speeches at short notice.  An accurate and varied style needs much cultivation.  The essentials of style in court are simplicity and clearness; if it is possible in addition, to be interesting and occasionally picturesque. 

(iii)     Confidence:No quality carries an advocate further than this:  confidence can be cultivated.  The confident handling of a case, once it has started is in no way inconsistent with a certain nervous tension before starting a race, but every effort should be made to eliminate this feeling.  The ideal state, as for an athlete, is one of alert position. 

(iv)    Persistence:Persistence is a marked characteristic of the average successful junior.  It enables him to fight cases to the end in spite of unexpected difficulties, and is a most valuable asset in cross-examining. 

(v)      Practical judgment:This needs a little explanation.  Knowledge of law, and of technique, is a knowledge of general principles. The nearer one gets to individual facts, the less one is guided by general principles and the more the feel of things:  this ability to judge individual situations may to some extent be innate, but is generally acquired by experience and it is convenient to call it practical judgment.  It is exemplified by the ability to sense a weak point when cross-examining or in the selection of the central issue on which a case is fought, or in judging probabilities, and indeed in many other connections. 

(vi)        Knowledge of mankind and of affairs:Advocacy, like teaching and medicine, is an art, which co-operates with human nature, because it works on the minds of the judge; the jury and the witnesses.  Besides, the facts in most cases are concerned in part, at any rate, with the actions of the parties and of other persons, and motives and probabilities play a leading part in legal argument on the facts unless these are proved conclusively by direct evidence.  For these reasons, the knowledge of ordinary human behaviour and of the springs of human action are fundamental.  Likewise, the law touches o most branches of human affairs in one form or

another and a superficial acquaintance with almost any topic may facilitate the presentation of a case.  Of the many things with which the law is concerned, some arise with great frequency, and it is useful to know something about the habits and living conditions of all social grades (valuable in divorce and criminal practice) about elementary anatomy, about commercial accounts, and about the working of machines. Other qualities are Honesty, Industry or Hardwork, Eloquence, Quick wit, and spirit of fellowship. General knowledge of this kind cannot of course, be cultivated at once, but is gradually added to little by little in the course of practice. KNOW YOUR WITNESS

1.       Meet your prospective witness to make a statement for him.  Let him know you before he meets you in court. 

2.       Determine the relevance of his evidence and determine whether he is a credible witness.  Both will determine your decision to cal him a witness. 

3.       Discuss with  your witness how to dress to court to make a favourable impression. 

4.       Discuss with him how to give evidence in court.  Advice him to avoid being insolent, insulting or truculent.  Should answer questions politely and courteously.  Should not be unbalanced or exhibit temperament in the face of fiery cross-examination. 

5.       Rehearse his evidence with him a day or two before the court hearing to refresh his memory about an event which might have occurred years before. 

6.       Explain the proceedings in court to the witness e.g. (i) that he would be sworn before he gives evidence (enquire how he would like to be sworn) and (ii) that he would be required to leave the court i.e. out of court and out of hearing.  Agree with him where he would be during the period and how to fetch him when he is wanted in court. 

7.       Ensure that witness spend minimum time in court, particularly busy witnesses.  Where court has to adjourn before a witness testifies, counsel should inform him of adjourned date.  Most witnesses sitting in the well of the court do not hear what goes on between the bench, bar and court clerk. 

8.       Arrange payment of reasonable allowance to your witness to compensate for his travelling expenses and the loss suffered by leaving his business to come to court. 

Remember your case will be determined on the strength of evidence given by your witness. 

CHAPTER VII

CONTEMPT OF COURT BY LAWYERS

Part of the Occupational Hazards of Lawyers is their susceptibility to be cited for contempt by an irritable judge.           (1)         Definition: The word "Contempt" is defined in Collins English Dictionary as the attitude or feeling of a person towards a person or thing that he considers worthless or despicable scorn. Wilful disregard of or disrespect for the authority of a court of law or legislative body.

IN FRANKLIN O. ATAKE   v. ATTORNEY GENERAL OF THE FEDERATION & ANOR (1982) 11 S.C at page 175. IDIGBE JSC has this to say on the definition of contempt of court. "It is indeed difficult to give exact definition of contempt of court and this is because it is so manifold in aspects but generally it may be described as any conduct which tend to bring into disrespect, scorn or disrepute the authority and administration of the law or which tends to interfere with and or prejudice litigants and/or their witnesses in the course of litigation."  Also in THEOPHILUS ADETOLA AWOBOKUN &, ANOR v TOUN ADEYEMI (1968) N.M.I.R. page 289. The Court defined contempt of court as follows "The essence of contempt is action or inaction amounting to an interference with or obstruction or having a tendency to interfere with or obstruct due administration of justice."             (2)        PURPOSE: In PARASHURAM DETARAM SHAMDASANI v. KING EMPEROR (1945) A.C. at page 268. The court said, "The purpose of the discipline enforced by the court in the case of contempt is the need to project the dignity of the court to the person of the Judge and to prevent undue interference with the administration of Justice but not to bolster up the power and dignity of the Judge as an individual. The importance of this is that of all the places  where 1aw and order is maintained, it is in the courts the course of justice must not be deflected or interfered with. Those who strike at it strike at the very foundations of the society.   To maintain law and order judges have and must   have power at once to deal with those who offend against it".     

(3)    TYPES OF CONTEMPT There are two types of contempt: Criminal and Non-Criminal Contempt, i.e. Civil contempt.

 CRIMINAL CONTEMPT: This consists of words or acts which obstruct or tend to obstruct or interfere with the administration of justice. To call a judge a liar, Ravel 1917, to allege

he is partial, VIDYASAGARA   v THE QUEEN 1963 AC 589 to say in the course of judgement, "That is a most unjust remark" Stafford County Judge 1888-57 LTQB 483, JORDAN 36 WR 289.

CIVIL CONTEMPT: This is contempt in procedure consisting of disobedience to the judgements, orders or other process of court and involving a private injury. See OBIEKWE ANIWETA v. THE STATE FSA/E/47/78 delivered on 16/8/78. AWOBUKUN v. ADEYEMI (1968) N.M.L.R. 289 at 294, AFE BABALOLA v. FEDERAL ELECTORAL COMMISSION & CHIEF ADEGBORIOYE: SUIT NO. AK/MA/77 OF 21/2/78 delivered by T.A. AGUDA CJ ONDO STATE.

4. CONDUCT OR ACTS THAT AMOUNT TO CONTEMPT: It is not possible to particularize the acts which can or cannot constitute contempt of court - see AGBACHOM v. THE STATE (1970) I ALL N.L.R. Page 69. It is not every act of discourtesy to the court by counsel that amounts to contempt, nor does conduct which involve a breach by counsel of his duty to his clients necessarily amount to contempt: See IZUORA v. QUEEN 13 WACA Page 313. Nevertheless the following acts or conduct have been held to constitute contempt of court: language or behaviour which is outrageous or scandalous or which is deliberately insulting to the court; comments whether oral or written scandalizing the court is contemptuous, publication in a newspaper or article containing scurrilous personal abuse of a judge, with reference to his conduct as a judge in a judicial proceeding which has terminated is a contempt of court.

Allegations of partiality made against the judge which are probably the most common way in which the court has been held to be scandalized, are treated very seriously as contempt because they tend to undermine confidence in the basic function of a judge. An article or publication in a newspaper that scandalizes or is calculated to bring the court into disrepute amounts to contempt. See R v. THOMAS HORATIUS JACKSON 6 NLR & 46- 55, OBIEKWE ANIWETA v. THE STATE (SUPRA). Any publication in a newspaper misrepresenting proceedings of a court is contempt under section 133 (4) of Criminal Code. Every private communication to a judge for the purpose of influencing his decision upon a pending matter and whether or not accompanied by the offer of a bribe or by personal abuse is a contempt of court as tending to interfere with the cause of justice: See AWOBOKUN v. ADEYEMI (1968) NMLR 289.

A fair and civil criticism made against court, may not amount to contempt. See Okoduwa v. State (1988) 3 S.C.N.J. 110.

Contempt could either be in the face of the court (in facie curiae) or outside the court (ex facie curiae). Contempt in facie curiae has no closed category and examples in such instance are many. But broadly it is word spoken or act done within the precincts of the

court which obstructs or interferes with due administration of justice or is calculated to do so. Contempt ex-facie curiae may be described as words spoken or otherwise published or act done outside court which are intended or likely to interfere with or obstruct the fair administration of justice: see RE: DR OLU ONAGORUWA: FCA/E/117/79 NO 5/2/80.  

PROOF OF CONTEMPT

Since a contempt of court is an offence of a criminal character, it must be proved beyond reasonable doubt; See AGBACHOM v. THE STATE (1970) I ALL N.L.R. Page 69.. AWOBOKUN v. ADEYEMI 1968) NMLR Page 289. A Civil contempt arising from a breach of an order of injunction must nonetheless be proved beyond all reasonable doubt as in a Criminal proceeding. See AMERICAN INT. SECURITY & TELECOMMUNICATIONS SYSTEMS (NIG) LTD v. ELUGENE PETERSON & ANOR SUIT NO. FRC/L/1077 of 27/10/78.

6.       PROCEDURE In initiating proceedings of this nature, the guiding principle is as set out in OSWARD on Contempt committal and Attachment at P. 17 No person shall be punished for contempt of court which is a criminal offence unless the specific offence charged against him be distinctly stated and an opportunity of answering it given to him. See OBIEKWE ANIWETA v. THE STATE (Supra). A court can deal summarily with cases of contempt in the face of the court and by the very judicial officer in whose presence the offence was committed but in cases of contempt committed in the face of the court, the court has two options: firstly, there may be cases where the offence should be dealt with summarily but such hearing must be conducted in accordance with cardinal principle of fair hearing and the case must be one in which the facts surrounding the alleged contempt are so notorious as to be virtually incontestable. Secondly in most cases, the proper procedure of apprehension or arrest, charge, prosecution etc. must be followed: See BOYO v. THE ATTORNEY-GENERAL OF MID-WEST STATE (1971) I ALL NLR 342 see also OKU v. THE STATE (1970) I ALL N.L.R. P. 60. MAHARAJ v. A.G. TRINIDAD & TOBAGO (1977) I ALL NLR 411.

When a contempt is not committed in the face of the court, a judge who has been personally attacked should not as far as possible hear the case. See AWOBOKUN v. ADEYEMI (SUPRA). If a trial court wishes to deal with a case of contempt in the face of the court summarily, he should put the accused not in the witness box but into the dock and ask him to show cause why he should not be compulsorily put into the witness box as that offend section 36(11) of the 1999 constitution which reads "No person who is tried for a criminal offence shall be compelled to give evidence at the trial. See DEDUWA v. THE STATE (1975) I ALL

NLR Pages 1 - 17, AGBACHOM v. THE STATE (1970) I ALL N.L.R. Page 69. See also proviso to Section 160 of the Evidence Act which buttresses Section 36(11) of the 1999 Constitution.

Natural justice demands that before anyone is committed for contempt, he must be informed of the details of the contempt and must be given an opportunity to make an answer and defence. Se RE: OLU ONAGORUWA FCA/E 117/79 delivered on 5/2/80.

7.       JURISDICTION OF COURT TO PUNISH FOR CONTEMPT: The High court has inherent jurisdiction to punish criminal contempt summarily but the power should be exercised with the greatest caution. See AWOBOKUN v ADEYEMI (1968) NMLR 289.

The inherent power to fine and imprisonment for contempt is not retained for the personal aggrandisement of a judge or whoever mans the court. The power is created and maintained for the purpose of preserving the honour. of the court. See OBIEKWE ANIWETA v. THE STATE See DEDUWA v. OKORODUDU (1975) 2 SCp.37 . See the provisions of section 133 of the Criminal Code.  

8. PUNISHMENT FOR CONTEMPT A charge of contempt of court is a serious one and it is necessary not only for the protection of the courts of justice, but also for the preservation of justice and the administration of it. In this country, acts or conducts which tend to invade these concepts should be very sternly dealt with and in a good time as well. See IN RE BOYO (1970) I ALL NLR 116.

The court will pardon a contemnor whose conduct is unintentional and who purges his contempt by a sincere apology and credible explanation. Court will pardon and discharge a contemnor if he acts unintentionally and from a mistaken belief or misconception of the laws thereby flouting a court's order See THE STATE v. HON. JUSTICE A.A.M. EKUNDAYO & ANOR KWS/I06/77 of 2/9/77. Contempt committed under section 133 of the Criminal Code carries a maximum imprisonment of THREE MONTHS. See OKOMA V UDOH (2002) I NWLR (Pt.748) 438.

According to Halsbury's Laws the punishment permissible by law in the case of Civil contempt is six months. See AFE BABALOLA v. FEDECO & ANOR AK/ML/77 of 21/2/78 at pages 17-23. A contemnor can be ordered to be kept in prison until he purges his contempt lKABALA v. OJOSIPE SUIT NO. LD/967/71 of 30/3/72 .  

CHAPTER IX

PROFESSIONAL DISCIPLINE OF LEGAL PRACTITIONERS

There are four professional offences provided for by Section 12 Legal Practitioners Act as amended for which a Legal Practitioner can be punished by the Legal Practitioners Disciplinary Committee. These are:-       (1)        INFAMOUS CONDUCT IN A PROFESSIONAL RESPECT: There is an identical provision in the Medical & Dental Practitioners Act which defines what constitutes "Infamous conduct". A definition is provided in the English case of ALLINSON v. GENERAL MEDICAL COUNCI 1894 l0b 750. "Where a medical man in the pursuit of his profession has done something with regard to it which would be reasonably regarded as disgraceful or dishonourable by his professional brethren of good repute and competency". ALLINSON v. GENERAL MEDICAL COUNCI

EXTRACT FROM THE JUDGEMENT At the meeting of the Council on May 28, 1892, the Council considered the following charges which have been made against the plaintiff, Mr. Thomas Richard Allison, by a society called the Medical Defence Union, viz "That being a registered medical practitioner, and a licentiate of the Royal Colleges of Physicians and Surgeons of Edinburgh, he systematically seeks to attract practice by a system of extensive public advertisements containing his name and address and qualifications, and invitation to person in need of medical aid to consult him professionally, the advertisements so systematically published by him being themselves of a character discreditable to a professional man."

These advertisements contained reflections upon medical men generally and their methods of treating their patients, and advised the public to have nothing to do with them or their drugs. The advertisements contained a series of answers to real or imaginary correspondents as to the proper treatment of different complaints, and there were recommendations to apply to the plaintiff for advice, the amount of fee charged by him for advice being stated."

LORD ESTHER. M.R. -“It seems to me that this question must be solved thus. Taking the evidence which was before the medical Council as a whole, did it bring the plaintiff within the definition which I have read? Was the evidence, taken as whole, reasonably capable of being treated by the Council as bringing the plaintiff within that definition of "infamous conduct in a professional respect"? I cannot doubt that it was. It seems to me that it may be fairly said

that the plaintiff has endeavoured to defame his brother practitioners, and by the defamation to induce suffering people to avoid going to them for advice, and to come to himself, in order that he may obtain the remuneration or fees which otherwise he would not obtain. If on the whole that which he has been doing could be reasonably construed as amounting to that, it comes, in my opinion, within the definition I have read, the Council were justified in saying that the plaintiff has been guilty of "Infamous conduct in a professional respect".

The definition was adopted for an identical provision in The English case of Solicitor Exparte Law Society 1912 1 KB 301 (311). It was also applied by the Privy Council in the case of GRAHAME v. ATT-GEN of FUJI 1936 AL ER 992 (1000).

For other illustration see RE GRAY Ex Parte Incorporated Law Society (1869) 20 LT 730. Solicitor acted willfully without clients authority.

RE DAVIES 1898 14 LTR 332. Solicitors concealed a will on his clients instruction.

RE LOWE & LE RICHIE 1978 LT JO 226. Conclusively obtaining a secret commission out of purchase money payable by his client.

RE: A SOLICITOR EXPARTE INCORPORATED LAW SOCIETY 1894 1QB 254. In M.D.P.T. v. OKONKWO (2001) 7 NWLR (Pt 711) 206, the court held that a charge of infamous conduct must be of a serious infraction of acceptable standard of behaviour, or ethics of the profession.

NOTE 1: What constitutes "infamous conduct" may depend upon the norms of each profession and the facts of each case should be considered accordingly. Some facts would apply to all professions e.g. Allison's case. Some would not e.g. misappropriation of clients money is a serious act of infamous conduct for legal practitioners who are expected to be absolutely trusted by clients with the safety of any money or property which may come to the lawyer on the client's behalf. This offence may not be regarded so seriously with Doctors whose nature of professional work does not involve handling money for patients. Conversely, adulterous relationship between doctor and patients is regarded as serious act of infamous conduct since female patients are expected to surrender their person to examination and treatment by their Doctor either in the privacy of the patient's home or the Doctor's clinic. See ONITIRI v. FADIPE Charge No LPDC/IP/82 where misappropriation of client's money was held to be infamous conduct by a Legal Practitioner.

NOTE 2: Where the facts constituting infamous conduct also constitute a criminal offence, it may not be allowed to institute professional disciplinary procedure against the offender unless criminal prosecution has been brought against him.

DENLOYE v. MEDICAL AND DENTAL PRACTITIONERS DISCIPLINARY COMMITTEE 1968 1 ALL NLR 306; GARBA v. UNIVERSITY OF MAIDUGURI   (1986) 1 NWLR (Pt. 18) 550 Note AKINTEMI & ORS v. PROP. ONASUMECHILI (1985) 1 NSCC 46.

NOTE - RE HILL 1868 LR 3QB 545. But this case can be contrasted with the English decision in RE HILL 1868 LR 3QB 545..

NOTE 3: Breach of any of the Rules of Professional Conduct in the Legal Profession could be held to constitute infamous conduct in a professional respect. See ONITIRI FADIPE Charge No. LPDC/IP/82 decided by LPDC in 1991.

NOTE 4: Where an infamous act was not done in professional respect it would not come within the provision of sect. 11(1) (a) LPA. But it may come with Sect. 11(2) Legal Practitioners Act.

IN RE. IDOWU LEGAL PRACTITITIONER 1971. 1 ALL NLR 126; In the matter of THOMAS JAMES WALLACE 1886 16 ER 26.

NOTE 5: Where a person who has been convicted of an offence which also constituted infamous conduct in a professional respect has that conviction reversed on appeal purely on technical ground, he could still be proceeded against professionally for infamous conduct in a professional respect Re KING 1845 8QB 129 15 ER.   (2)        CONVICTION BY ANY COURT IN NIGERIA HAVING POWER TO AWARD  IMPRISONMENT OF AN OFFENCE WHICH IS INCOMPATIBLE WITH THE STATUS OF A LEGAL PRACTITIONER.

1.       Offences involving financial dishonesty have always been regarded incompatible with the status of a practitioner. SAGOE v R 1963 1 ALL NLR 290 (293).  R v. ABUAH 1962 1 ALL NLR 279

2.        Offences which endanger the welfare of human beings or society generally would come within the provision e.g. possession, distribution importation or exportation of Indian hemp or Cocaine. Political offences e.g. treason, treasonable felony or sedition would not come within the provision. Marriage offences would be similarly regarded.

3.        It is not necessarily the seriousness of the offences that is material but whether a person who commits the offence should remain a member of a learned profession Re Weare 1893 2QB 290 (Maintaining brothel).

4.        The offence need not be committed in a professional respect to come under this provision. In Re Weare 1893 2QB 290 the practitioner who allowed his house to be used as a brothel was convicted and struck off. Re Valance 1889 24 LJ 638 assisting a prisoner to escape from the country.

5.        The conviction must be by a Court in Nigeria as provided by the statute. QUERY whether this is not too restrictive in this jet age. Where however the facts giving rise to the conviction above also constitute infamous conduct in a professional respect S 11 (l)(a) or Sect. 11(2) could be invoked.

6.        No appeal must be pending against conviction and the time of appeal must have passed for this provision to be invoked.   (3)        OBTAINING ENROLMENT BY FRAUD SECT. 12(1) [c] Where a person obtained enrolment by a misrepresentation of facts and if the true facts had been known he would not been enrolled, this provision may be invoked. This would cover any of the conditions that must be fulfilled to be called to the Bar since this is a precondition to enrolment Sect. 4(1) and 7(1) LPA. These are:   (i)        Citizenship - No longer essential.        See LEGAL EDUCATION (CONSOLIDATION etc) (Amendment) Decree No 9 of 1992   (ii)        Possession of a qualifying certificate from the Nigerian Law School   (iii)       Good Character It would also cover fraudulent misrepresentation of facts by an alien who succeeded in obtaining enrolment under Regulations made by the Federal Attorney General to practice here.

This Provision should also cover cases where a person obtained admission to the Nigerian Law School by fraudulent misrepresentation of academic status e.g. producing forged Law Degree Certificate or representing that he possessed a Law degree when he did not.

(4)       CONDUCT INCOMPATIBLE WITH THE STATUS OF LEGAL PRACTITIONERS SECT. S.12 (2) as amended. This is an omnibus ground and covers all residual cases where conduct complained of could bring the profession into dishonour or dispute. Cases like seduction of a client's wife, habitual drunkenness in public, employment of very foul language in public, and taking part in street brawl would appear likely to bring the profession into dishonour or disrepute.

PROCEDURE BEFORE LEGAL PRACTITIONERS DISCIPLINARY COMMITTEE

1.        A written complaint against a legal practitioner shall be forwarded by complainant or a person aggrieved to any of the following:

(a)    the CJN(b)   the A.G. Federation(c)    President, Court of Appeal or presiding Justice of the Court of Appeal.(d)   The Chief Judge of the High Court of a State or the Chief Judge of the Federal High Court

or the Chief Judge of the FCT.(e)    The A.G. of a State.(f)     Chairman, Body of Benchers; and (g)    President, NBA or Chairman of a branch of NBA.

See Rule 3(1) LPDC Rules 2006.

2.        A person specified above who receives a complaint shall forward same to the NBA and the NBA shall cause the complaint to be investigated. See Rule 3(2) LPDC Rules 2006.

3.        If after such investigation, NBA is of the opinion that a prima facie case has been made, the NBA shall forward a report of such case to the Secretary together with all documents considered by the NBA, and a copy of the complaint. Rule 4 LPDC Rules 2006.

4.        The NBA shall appoint a legal practitioner to present the case before the Committee. Rule 6 LPDC Rules 2006.

5.        Every party to the case shall be heard personally or through a counsel of his choice.

6.        On the direction of the Chairman of the Disciplinary Committee, the Secretary shall fix a day for hearing and serve hearing notices to parties (either personal service, registered post, e-mail etc) Rule 7(1) and (2) LPDC Rules 2006.

7.        There shall be at least 15 days between the service of hearing notice and the date of hearing. See Rule 7 (4) LPC Rules 2006.

8.        Except where service is by publication in the newspaper, the Secretary is to serve on parties, other than the complainant, both the hearing notice and copies of the report and the complaint prepared by the NBA. See Rule 7(5) LPDC Rules 2006.

9.        Upon proof of service, the Committee may proceed to hear and determine the case in absence of counsel. Rule 8 LPDC Rules 2006.

10.    An absent party/counsel may however within 30 days from date of pronouncement of findings and direction of the Committee apply for a re-hearing. Rule 9(1)LPDC Rules 2006.

11.    If the Committee is satisfied that it is just to re-hear the case, it may grant the application upon such terms as to costs or otherwise. Rule 9 (2) LPDC Rules 2006.

12.    The Committee shall hear witnesses and receive documentary evidence such as would assist it in coming to its conclusion regarding the truth or otherwise of the allegations. See Rule 10(1).

13.    The provisions of the Evidence Act apply to committees proceedings. See Rule 10(2). DENLOYE v. MEDICAL AND DENTAL PRACTITIONERS DISCIPLINARY COMMITTEE 1968 1 ALL NLR 306. See In Re G Idowu (A legal practitioner) 1971 7 NSCC 147.

14.    At the conclusion of hearing, the committee may call for written addresses. Rule 15(1) LPDC Rules 2006.

15.    Proceedings and announcement of the committee’s decisions shall be held in public. Rule 13 LPDC Rules 2006.

16.    If the Committee finds that the allegations have not been proved, it shall record its finding. Rule 16.

17.    If it finds that the allegations are proved, it may give direction:

(a)    ordering Registrar to strike off the Legal Practitioner’s name.(b)   suspend the practitioner from practice.(c)    Ordering the practitioner to refund money or hand over documents in his possession.(d)   Admonish the practitioner. See Rule 17 (a) – (d).

18.    Directions made by the committee are to be gazetted. Rule 20.

Please note that proceedings before the Committee shall comply with the rules of natural justice. LPDC v Fawehinmi (1985) NWLR (pt. 7) pg 300; (1985) 2 NSCC 998.

APPEALS Appeals lie from the decision of the Legal Practitioner's Disciplinary Committee to the Supreme Court. See Legal Practitioners Amendment Decree 1994 Section 10(e).

OTHER DISCIPLINARY AUTHORITIES     (a)        The Supreme Court - Section 12(1) Legal Practitioners Act. Where it appears to the Supreme Court that a person whose name is on the roll has been guilty of infamous conduct in any professional respect with regard to any matter of which the court or any other court of record in Nigeria is or has been seized, the Supreme Court may if it thinks fit, after hearing any representations made and evidence adduced by or on behalf of that persons and such other person as the court considers appropriate, give

such a directions as is mentioned in subsection (1) of section 11, and the directions shall take effect forthwith; and except in the case of an admonition the court shall cause notice to be published in the Gazette.     (b)        The Chief Justice - Section 13(2) Legal Practitioners Act. Where it appears to the Chief Justice that a Legal practitioner should be suspended from practice, either with a view to the institution against him of proceedings under this Decree before the Disciplinary Committee or while any such proceedings are pending the Chief Justice may if thinks fit, after affording the practitioner in question an opportunity of making representation in the matter give such a direction as is authorized by paragraph (ii) of subsection 11; and in deciding whether to give such a direction in consequence of the conviction of a legal practitioner the Chief Justice shall be entitled to disregard the provision of subsection (5) of that section.

  RESTORATION OF NAMES TO THE ROLL A Legal Practitioner whose name has been struck off the roll or who has been suspended may appeal for his name to be restored to the roll or that suspension be cancelled. An application for this purpose is usually made to the Disciplinary Committee but if the striking off or suspension was ordered by the Chief Justice of the Supreme Court then the application should be made to the Supreme Court. S. 14LPA. See R v. ABUAH 1962 1 ALL NLR 279. In deciding whether a name which is struck off should be restored or that a suspension be cancelled, the following factors are taken into consideration.   (i)         The gravity of the offence or offences necessitating the striking off of the applicant's name in the first place.   (ii)         Whether there is sufficient evidence of genuine remorse shown by the applicant in the period between the striking off of his name and the submission of the application.   (iii)        Whether in all the circumstances of the case the court is satisfied that the applicant has in the intervening years become a fit and proper person to be recorporated as a member of the legal profession. Re A.B. ABUAH (1973) II SE 41 at PP 43 and See also ADESANYA Vs. AG (FED) UNREPORTED SUIT No. SC 130/1964.

The court and the Committee would usually exercise a high degree of care before ordering restoration or cancellation of a suspension.

 LAW OFFICE MANAGEMENTINTRODUCTION Law Office Management is the study of the organization 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.

  TOPIC 1. ESTABLISHMENT OF A LAW FIRM   THE NEED TO ESTABLISH LAW FIRM It is unprofessional for a Legal Practitioner except in some special cases to give legal advice or take instructions from a client at the client's house or place of business. This by implication means that a Legal Practitioner should give legal advice and take instructions from the office which invariably requires him to establish a law firm.

Thus the Practice known as "Charge and Bail" whereby the legal practitioner hangs around courts to take instructions for representation of accused persons in bail applications constitutes a breach of the rules of professional conduct and ought to be discouraged as it cheapens the Legal Practitioner and the profession at large.

The need to establish a law firm became more imperative since the removal of restriction placed on young Legal Practitioners against private practice. See the Regulated and Other Profession (Miscellaneous Provision) Act 1978 amended by Regulated ,and Other Profession (Private Practice Prohibition Act) Cap 390 Laws of the Federation of Nigeria 1990. This has now been repealed byConstitution of the Federal Republic of Nigeria (Certain

Consequential Repeals) Decree No. 63 1999

REASONS WHY PRACTITIONERS ESTABLISH LAW FIRMS There are various options to a legal practitioner after being called to the Nigeria Bar, one of such options is to establish a law firm to engage in private practice. Legal Practitioners opt for private practice for many reasons e.g. necessity, desire to be their own boss, realization of ambition, profitability of the profession etc.

PERSONAL QUALITIES OF SUCCESSFUL PRACTITIONERS For whatever reason, a legal practitioner who establishes a law firm is establishing a business. Hence for the business to succeed, he must posses he following qualities:-             

      (i)         Honesty and Integrity : See Adewumi v. Plastex (Nig) Ltd. (1986) 17 NSCC 852; SAGOE v R 1963 1 ALL NLR 290 (293).; Onagoruwa v. State (1993) 7 NWLR (pg. 303) 49 and Rules 54 and Rule 23 RPC 2007.         (ii)        Hard work, Determination and Commitment: Lack of determination and commitment undermine the success and performance of a practitioner.

REQUISITES FOR ESTABLISHING A LAW FIRM     (i)       Knowledge: Knowledge entails both legal and non-legal knowledge and every practitioner is presumed to have both knowledge. (ii)        Skill: Next to knowledge is the skill which is the ability to apply legal knowledge to solve a legal problem. It is technically known as "know how". A combination of the two will be required to render good legal services otherwise a practitioner may be liable for damages. See Bello Raji v: X. A legal practitioner (1946) 18 NLR 74

FINANCING A LAW FIRM To establish a law firm, a legal practitioner must provide enough capital to meet the cost of establishing it. This capital includes both start-up capital and working capital. The major sources of finance are:-  (a)      Personal or owner's funds.  (b)      Loans and overdrafts from banks and other financial institutions.

BUSINESS PLAN A business plan is a document containing information about a proposed firm, its goals and the financial projections for it. It is normally prepared by an Accountant for the owner. Note that it is desirable for a legal practitioner who chooses to establish a law firm to have a business plan. The contents of a business plan are:-

1.      Name(s) of the practitioner 2.      Name of the firm 3.      Business Address 4.      Business Start date 5.      Types of firm 6.      Goals of the firm 7.      Segmentation of the market 8. Market competitors 9. Capital requirement 10.  Borrowing requirement 11.  Security to be provided 12.  Use of funds 13.  Employment of staff

14.  Management system

CLIENTELE A legal practitioner must ensure that markets exist for his service otherwise the purpose of establishing a law firm will be defeated. Potential clients therefore include the following:- (a)       Banks and other financial institutions. (b)       Companies (c)       Large statutory bodies ( d)      Legal Aid Council (e)       Individuals (f) Government briefs.Therefore, a practitioner should map out strategies of winning clients subject however to Rules of Professional Conduct.

  TOPIC 2.  

CLASSIFICATION AND ORGANIZATION OF LAW FIRMS

 CLASSIFICATION: (1) Small (2) Medium (3) Large Many criteria have been used to classify law firms. Some of them are:-   (a)        Location   (b)        Clients   (c)        Facilities   (d)        Status of lawyers   (e)        Number of Lawyers

ORGANIZATION OF LAW FIRM

1.        Sole Practitionership: This is a unit of practice involving a practitioner practicing alone, but employing supporting staff to assist him. He provides the capital of the firm and manages the firm. He as well does the legal work alone since there is no other practitioner to whom work can be delegated. This is the smallest unit of organization and the commonest in Nigeria as more than 70% of law firms in Nigeria are Sole Practitionership.

2.        Sole Proprietorship:- This is a unit of practice involving a legal practitioner who establishes a law firm, works there and employs other legal practitioners to work in the firm. The relationship between the practitioner-owner and employed practitioners is that

of employers and employees and their relationship is governed by a contract of employment with terms and conditions.

3.        Associateship:- This is a unit of practice whereby two or more practitioners come together to contribute the capital to provide facilities required for a law firm. All the practitioners occupy the same premises and share office facilities, they equally contribute to wages and salaries of supporting staff but each remains a sole proprietor because each owns independent practice and separate clients within the associateship.

4.        Partnership:- This is a unit of practice where two or more legal practitioners wishing to establish a law firm contribute capital to form a partnership. Note that one of the greatest set backs in the legal profession is its members reluctance or apathy to form partnerships. The few that were formed failed because of fear, greed, indiscipline, ego, impatience and incompatibility. Where a partnership is formed, all legal practitioners involved are owners and the relationship between them is that of joint owners. They are agents of one another and they owe a fiduciary duty to one another.

A partnership can be formed orally or in writing and it may be by deed. To avoid misunderstanding, however, a written agreement should be entered into. Such agreement should also contain terms governing the relationship.   Restriction on Law Partnership Although in the main, the Rules of Professional Conduct encourages setting up of law partnership, yet it places certain restrictions on the formation of partnership by legal practitioners. See Rule 5 (1)(2)(3)(4) and (5) RPC 2007.  

The above units of practice have advantages as well as disadvantages.

     TOPIC 3.

 LAW OFFICE Description of Premises The premises where a law firm operates is popularly called "Chambers" in Nigeria. This is not appropriate because of the fused nature of legal practice. The proper name should be "Law Office" as is called in United States of America where there is also a fused profession. Finding of Premises

A legal practitioner must decide whether to let office or buy land to build an office. But because of inadequate funds many legal practitioners let their offices. Information about availability of office can be obtained orally or from Newspaper or from Estate Agents. Wherever the information comes from, a legal practitioner must ensure that other businesses on the premises are compatible with legal practice. Types of Premises There are 3 types of premises that can be used for office accommodation. They are:

1.        Purpose built office accommodation:- This is a form of building purposely built for office accommodation. It is often open space but" partitioned by the practitioner as he wishes.

2.        Existing building:- this is an existing building that is converted into a law office with considerable modifications. This is because such building is initially designed for residential use.

3.        Office in the home:- A law office could be located at home whereby a legal practitioner operates from his home. But management theorists have warned against locating a law office in the home.  

LAW OFFICE LAYOUT                The layout of the Law Office should be properly and carefully designed. In the planning stage, several factors should be taken into account. Such factors include number of staff, future expansion, equipment and furniture etc. Again, a good law office must have the following:-   (a)        Reception Room   (b)        Practitioners' Room   (c)        Supporting Staff Room   (d)        Library   (e)        Toilet, etc. Please note however, that the most basic room requirements in the law office include (a)(b)(c) and (e) above. Law Office Security and Insurance Security" must be maintained in the Law Office. That is both physical protection of the properties against destruction, theft and damage as well as the mechanical protection of the stored information, files and original document. Effective security could be maintained by employing security guards and by insuring the office contents.   TOPIC 4. LAW OFFICE STAFF Legal work in the Law Office is carried out by 2 classes of staff viz fee earners and supporting staff.   1.         Fee Earners:- These are the practitioners who do legal work and earn fees for the firm. The number of legal practitioners depends on the size and type of the office.   2.         Supporting Staff:- These are the staff who do non-legal service in the office. Practitioners require the assistance of supporting staff to carry out non-legal work in the office. The number and type of supporting staff depends on the environment and available infrastructure. The basic supporting staff are Receptionist, typist, librarian, driver, security guards and litigation clerk.

Methods of attracting and Selection of Staff From time to time, law offices need both fee earners and supporting staff to meet the increasing service of client. Thus there are various methods of attracting these staff. These methods include:-   (a)        Advertising in the Newspaper   (b)        Introduction by existing former staff   (c)        Recommendation by the existing and former staff   (d)        Inviting applicants from previous advert   (e)        Recommendation by agencies and consultants

After the advertisement or recommendation as the case may be, the law firm establishes procedures for selection of staff for the job. The selection procedures differ from office to office but the basic selection procedure is test, interview and qualifications. Induction of Staff After the employment of a new staff the staff needs to be integrated into the working system. The purpose is to inform the new staff about the culture of the office. The new staff should know the following as an induction programme:-   (a)        History of the firm;   (b)        Administrative procedures;   (c)        The existing staff Disciplinary and Grievance Procedure A law office establishes disciplinary- procedure for breach of rules governing the conduct of staff at work. These procedures and rules are stated in the office manual. The disciplinary procedures include normally, verbal warning, formal written warning, final written warning and lastly dismissal from employment for gross misconduct.    TOPIC 5.         LAW OFFICE EQUIPMENT, MACHINES AND SUPPLIES To start a Law Office will require machines, equipment and supplies to carry out effectively its legal work. Thus the practitioner should determine the equipment, machines and supplies needed. The cost of these is one of the highest costs borne by a law office in Nigeria. They are higher than the cost of salaries and wages of fee earners and supporting staff. They are regarded as an investment as they are expected to last for several years, thus they must have maintenance back-up.

Acquiring Equipment and machines These are essentially 2 realistic methods of acquiring equipment and machines. These are either by leasing or purchasing. By leasing:- There are companies that engage in leasing equipment and machines. A lease of equipment or machines may be granted to a law office. Where such a lease is granted, the law office pays a monthly rent for a term of years. It is to be noted that it is uncommon in Nigeria for law offices to acquire equipment and machines by leasing. By purchasing:- On the other hand, machines and equipment can be acquired by outright purchase. Where they are purchased, the law office becomes the owner outrightly Note that each method has its own advantages and disadvantages.

Law Office Machines Machines are technologies which enable the equipment to function and also facilitate efficient performance of other functions, These technologies are:-  

(a)         Generator: Due to unreliable and inadequate supply of electricity, many law offices in Nigeria resort to the use of generators. There are petrol-fuelled generators and diesel-fuelled generators. There are also low capacity and high capacity generators. The type and size to be used depends on the capability of each law office.   (b)         Vehicles: Vehicles are also essential in a law office. This ~ill facilitate the free movement of both fee earners and supporting staff in their outside assignments.  Law Office Equipment The equipment needed by a law office includes the following:- 1.         Typewriter            (8)      Answering Machine 2.         Photocopying machine     (9)      Telex Machine 3.         Duplicating Machine        (10) Facsimile Machine 4.         Dictating Machine           (11) Dedicated Word Processor 5.         Rubber Stamp       (12) Computer

6.     Calculator/Adding machine (13) Devices using computers e.g e-mail & internet 7.     Telephone

Note that proper record of these should be kept by the law office. Again these equipment should be maintained and serviced by the law office to prevent sudden breakdown. Law Office Supplies A law office requires the following supplies as wel1 to function effectively.

They are: 1.     Letterhead 2.     Continuation Sheet 3.     Compliment Slips 4.     Business Cards

 

File Jackets Office Forms Legal Forms Other stationeries e.g. ribbons, envelopes, staple pins, paper clips, cellotape etc. The minimum and maximum level of supplies required must be ascertained and controlled. This can be accomplished by using stock book to monitor supplies.    TOPIC 6.         LAW OFFICE ADMINISTRATION A law office needs proper administration and management if it is to function well. To achieve proper administration and management, it must establish systems and procedure to regulate work and performance of task. These should be contained in the office manual to be displayed for all staff. The systems and procedures should not be static but prone to changes from time to time which may be occasioned by changes in

size of office or working methods in the office. The contents of an office manual includes:-

  1.     Working hours 2.     Attendance Register' 3.     Confidentiality of Work 4.     Salary advancement 5.     Bonus provision 6.     Assignment of staff 7.     Absence and lateness 8.     Overtime work 9. Holidays10. Salary Increment 11. Annual Leave 12. Reporting Structure13.          File Management14,          Provision of Office supplies 15. Method of answering the telephone 16. Procedure on receiving facsimile message 17. Procedure for dealing with correspondence 18. Procedure for borrowing office books 19. Disciplinary Procedure 20. Grievance procedure

Time Management Time is -a valuable resource to legal practitioner, hence it must be well managed. Time management is important to every practitioner, he needs to plan how to spend time to cover all tasks required to be carried out. It is important that practitioners plan how to carry out legal work. This can be done by making a list of "things to do" and prioritizing the work according to criteria of urgency and importance. Therefore, a reminder system must be devised. Practitioner should devise a personal reminder system. The most effective of which is the use of diaries both for personal use and office use.

Filing System Law Offices produce a lot of documents which should be filed in paper form or electronically. Most law offices file document in paper form, either using an alphabetical or non-alphabetical system. Whichever system of filing used, an indexing system is useful and cross-references must be complied for easy retrieval of documents. The law

office must decide whether to adopt a centralized or decentralized filing policy. The policy to be adopted will depend on organization of the firm. The movement of files must be controlled and procedure devised for requesting delivering and returning of files. At the conclusion of a matter, the file should be closed and the office must decide whether to hand over the file to the client or retain it. If the file is retained, the firm will incur costs of storing it, therefore, it must be moved to low - cost storage. The office must also devise a retention schedule stating the length of time the file will be retained before it is considered for destruction.

Law Office Records Information required for administering the office in the short and long run should be collated, and a record of them provided for use in the office. The purpose of such records is to enhance the efficient administration of the office by providing records from which information can be readily obtained. The record that will be required in a law office include:   1. Office Manual 2, Staff Register 3.          Equipment and Machine Register 4.          Book & Periodicals Register 5. Book & Periodicals Register 6. Master File Register 7 Closed File Register 8 Referral Register 9 Internal Telephone Directory 10    Income and Outgoing Correspondence Register 11 Incoming & Outgoing Telephone Call Book12 Visitors' Book, etc.

LEGAL SKILLSINTRODUCTIONLegal Practice skills deal with the skills that a legal practitioner needs to practice law completely.  It is necessary to distinguish between knowledge and skills.  Knowledge refers to an understanding of a body of law in an area of law.  Practitioners have knowledge of substantive and procedural laws through their legal training at the academic and vocational stages at university and the Law school.  Skill refers to the ability to apply knowledge of the law to solve a legal problem.  The distinction between knowledge and skill is often expressed as “know-what” and “know-how” respectively, the

former referring to knowledge and the latter to skill.  For example, an understanding of criminal law deals with knowledge, but the ability to institute or defend a criminal action deals with skills. Nature of Practitioner’s workTo determine the skills that practitioners need top carry out legal work competently , the nature of legal work must be ascertained.  In other words, what do practitioners actually do?  Practitioners’ work is diverse and includes the following:

(a)      Rendering legal advice:(b)      Negotiating transaction and settlement of disputes(c)      Drafting documents and pleadings(d)      Management of law firms

 There are many skills required to carry out the various work done by practitioners.  To render legal service, practitioners must possess legal research and verbal communication skills.  To represent clients in courts and tribunals, practitioners must possess advocacy skills.  To draft documents and pleadings, practitioners must possess a drafting skill.  To negotiate transactions and settlements of disputes, practitioners must possess negotiating skills.  Finally, to manage a law firm, practitioners must possess management skills.  Therefore, the skills that must be possessed by a practitioner includes the following: 

(a)      Legal Research(b)      Verbal communication(c)      Drafting(d)      Negotiating and(e)      Management

 A diagrammatic representation of practitioners’ skills is shown below PRACTITIONERS’ SKILLS (1) LEGAL RESEARCH INTRODUCTIONA practitioner can only render good advice on a legal matter if he or she possesses research skill.  It is the fact of the matter that will form the basis of legal research.  After establishing the facts of the matter, the practitioner must classify the matter into a legal category.  First, the practitioner must determine whether the matter falls within international law or domestic law.  Assuming it falls under domestic law, the area of domestic law into which it falls must be determined.  For example does it fall under civil law or criminal law?  Furthermore, the practitioner must determine whether it falls under

substantive criminal law.  Is it a breach of criminal law which falls under substantive criminal law or prosecution for an offence which  falls under procedural criminal law. The specific area within the law where the matter falls must be established before finding the law applicable to the matter through legal research.                      Nigerian Law and Legal Literature To find the  law applicable to a matter, a practitioner must know the  sources of Nigerian Law. It is one or more of these sources that will govern a matter. The sources of Nigerian law are as follows  (a)        Received English Law; (b)       Nigerian Legislation; (c)       Nigerian Case Law;(d)       Customary law; and (e)        Islamic Law.  Practitioners must have been taught these various sources of Nigerian Law during, the academic stage of legal training.  They are presumed  to know the applicable law governing a matter.  For example, a criminal matter is governed by Nigerian Legislation and case law.   Similarly, a  matter that deals with tort is governed by Nigerian legislation and case law.  Having decided the Nigerian Law applicable to the matter, the law must be found and examined. Where are Nigerian Laws to be found? Nigerian laws are contained Legal literature and they can be classified as follows: (1)       Primary sources (2)        Secondary sources; and (3)        Tertiary sources .

  Primary sources are books of law such as statute books (Laws of the Federation of Nigeria 2004. Laws of various states of the Federation/gazettes, etc). Law reports such as the Nigerian Weekly Law Reports. Nigerian Supreme Court cases are also primary sources of Law. The Quran is also a primary source of law.Nigerian law can also be found in secondary sources of Law. These are books about law rather than books of law. These books explain the law and they are the author's understanding and interpretation of the law. Unlike primary sources of law, they are not binding on courts  but provide a guidance to practitioner on the area of law. Finally, Nigerian Law can also be found in tertiary sources of Law.  These are also books about law, but unlike secondary sources; they do not explain the law. Instead they direct

the practitioner on where to find the  law. Therefore they are sometimes referred to as 'finding tools'. The practitioner must learn how to use  legal literature.  This entails understanding their form, especially those of primary sources. Where the applicable law on matter is unwritten customary law, it may be necessary to ascertain the rule of customary law.   This can be done by calling witnesses to testify to the point of customary law.   Hints on Legal Research The practitioner should follow these hints to carry out legal research effectively.   (a)        A practitioner should possess an array of dictionaries, including English dictionaries, dictionaries of Latin words and Law dictionaries.   (b).       Practitioners must take notes while doing research. The notes must include the date, place and time of the research.   (c)        Documents should be photocopied where the exact words of documents are required.   (d)        Colleagues with vast experience in an area of law should be consulted for guidance on research·. Also administrative and court officials should be consulted for guidance on matters within their knowledge.

PRACTITIONERS SKILLS (II): VERBAL COMMUNICATION INTRODUCTION:            Verbal communication between a practitioner and a client must take place before a practitioner can handle matter. That is, the client must consult the practitioner to air the legal problem. This may lead to the practitioner being retained to ,handle the matter. Verbal communication is communication by means of spoken words. It entails sending messages orally and the receipt and interpretation of such messages. Furthermore, verbal communication skill is used throughout the process of carrying out legal work.

Elements of Verbal Communications Verbal communication consists of three elements. The message is sent through these elements from the speaker to the listener. These elements are verbal, vocal and visual. The visual element refers to the spoken words used to send message to the listener. The vocal element refers to the quality of voice used to utter the spoken words. The visual element refers to the body language of the speaker when spoken words are being uttered. The vocal and visual elements of verbal communications are referred to as non-verbal elements of verbal communication. Empirical evidence shows that messages are conveyed mostly by the non-verbal elements of verbal communication. The three element of verbal communication will be considered in details.

LISTENING TECHNIQUES Effective communication between the speaker and listener requires the latter to listen to the message being conveyed by thy former. Two listening techniques have been identified: passive and active listening. Passive listening requires the listener to concentrate on the speaker and understand the verbal and non-verbal elements of the message. Active listening requires more participation from the listener in the communication process. Also the verbal and non-verbal elements of the message must be understood by the listener.

Passive and Active listening techniques can be used separately or together in verbal communication. The technique that is used will depend on the nature of communication.

USING QUESTIONS IN VERBAL COMMUNICATION Questions are the primary means of gathering information in professional verbal communication. There are two main types of questions. Open and, Close. Questions which allow the listener an unrestricted answer are open questions. Questions which restrict the listener to a range of answers are closed questions. The answers to a closed question are limited to a 'yes', 'no' 'or a specific brief answer. The right type of question must be asked to achieve the purpose desired by the speaker.

Practical Application of Verbal Communication Skill Verbal communication skill is used to carry out processes involved in legal work. These processes include telephone conversation, meetings and interviewing. A practitioner must posses verbal communication skill to use the telephone effectively, to be effective at meetings and to conduct effective legal interviews. The guidelines for effective use of telephone and conduct of meeting will be considered.

The most important practical application of verbal communication skill is legal interviewing. This is because the legal interview is the foundation of any subsequent action that may be taken on the matter. Theorists have propounded legal interviewing models that will ensure effective interviewing. These models are useful as a guide for the conduct of interview. Two legal interviewing models will be considered. These are as follows:- (a)        Avrom Sherr's three stage model, (b)        Chay and Smith's seven-stage model. Finally, practitioners should be cautious in the use of models, and they should be adopted to the circumstances of each matter.

PRACTITIONERS' SKILL (Ill): DRAFTING INTRODUCTION:

English is the language of the Law and the standard British English is used for drafting documents. Drafting is legal composition and it consists of sentences. Each sentence must be a unit of sense. George Coode, in "Legislative Expression of the Language of Law states that every legislative sentence consists of four parts. These are: (a)        The description of the legal subject, (b)        The enunciation of the legal action (c)        The description of the case of which the legal action is confined; and (d)        The condition on performance of which the legal action operates. The legal subject is the person conferred with the right, power, privilege, obligation or liability to carry out the legal action. The legal action states that right, privilege, power, obligation or liability which the legal subject is required to do or refrain from doing. The case states the circumstances in which the legal action can be involved. The conditions refer to any stipulated conditions which must be fulfilled before the legal action can take place.   Coode's order of composing legislative sentences is as follows: where there are no cases and conditions, the legal subject is stated first followed by the legal action. Where there are cases and conditions, the cases are stated first, followed by the conditions and followed by the legal subject and the legal action.

LEGAL COMP0SITION Coode's thesis for drafting legislative sentences has been held to be applicable for drafting nonlegislative sentences. Some writers have criticized Coode's thesis for drafting legislative sentences as technical and that not all sentences can be well drafted using his thesis. Such writers have proposed that the simpler order of constructing a sentence should be used in legal drafting. That is, the subject followed by the verb and then the object.

A sentence must begin with a capital letter and may end with a full stop, exclamation mark or question mark. It should be of the right length and should not be too long nor too short. It has been suggested that the length of a sentence should be 20, 25 and 28 words. These suggestions are mere guidelines and the written message to be conveyed will determine the right length of the sentence of a theme idea or argument. It has been suggested that the length of a paragraph should range from between five sentences to six sentences. Again flexibility should be the guiding principle. ·

PUNCTUATION MARKS & SPELLING A legal composition must be properly punctuated. The punctuation marks that may be used in legal composition are as follows: full stop, comma, semicolon, colon, brackets, dashes, question mark, exclamation mark, hyphen and apostrophe. Each of these punctuation marks

          will be considered.    Correct spelling must be used in legal composition. A good dictionary should be used to check spelling. A style guide and a thesaurus are also useful for legal 'composition. Practitioners may be required to draft documents such as internal memoranda, letters, contracts, conveyances, legal opinions, advice and pleadings. (See Legal drafting and conveyancing and Company and Commercial Practice Manuals for example of legal documents).

PRACTITIONERS:SKILL (IV): ADVOCACY· INTRODUCTION: Advocacy refers to pleading a case in a court or tribunal A Practitioner possesses advocacy skill to plead a case effectively in court. He or she must be guided by the rules, conventions and practices governing advocacy. (See Professional Ethics Manual).

A practitioner must prepare for a case before its presentation in court-Rule 1 (c) of the Rules of Professional Conduct in the Legal Profession provides: A lawyer must make every reasonable effort to prepare himself fully, prior to court appearances.  Preparation for a case entails ascertainment, of the facts of the case by interviewing clients and witnesses and examining documents and physical items. It also entails a detail study of pleadings, charges, proof of evidence and briefs of argument served on the practitioner. Having ascertained the facts of the case and studied al1 courts processes, the practitioner must then decide on the strategy to adopt in the case.   Writers have identified the following strategies for preparation of a case:   (i) Ideal closing speech;    (ii)          Appreciation of this situation;   (iii)         Theory of the case; and   (iv)         A story  Each of these strategies will be considered.

Prosecution of Action Counsel may represent a client at pre-trial, trial or on appeal. At any stage at which a client is represented, counsel must prepare for 1the case. Pre-trial hearings are usually for applications preceding the trial of the case. For example, motion for substituted service of process of court, for interim injunction, motion to amend pleadings and soon. Most of these applications are heard and determined on affidavit evidence addresses by counsel, after which a ruling is delivered.  Trial of a case civil or criminal involves calling of witnesses and adducing documentary and physical evidence to prove or disprove the case.

EXAMINATION-IN-CHIEF, CROSS-EXAMINATIGN AND RE-EXAMINATION Witnesses are examined-in-chief by counsel for. the plaintiff or prosecution; they are cross-examined by counsel for the other party and if necessary re-examined by the counsel for the person calling them. Counsel must decide whether to ask open or closed questions in examination-in -chief, cross-examination and re-examination. The purpose of examination-in-chief is to elicit evidence to support the case. Leading questions must not be asked in examination-in-chief or re-examination, except for introductory facts and

undisputed facts. Leading questions, may also be asked during examination-in-chief to get an unequivocal denial of an allegation. For, example, where the allegation against an accused is that he stole a car, at the end of the examination-in-chief, his counsel is allowed to ask, did you steal a Volkswagen car with registration number LA lA?"  The purpose of cross-examination is to undermine the evidence given by the witness in examination-in-chief and thereby weaken or damage the other party's case. Unlike examination-in-chief, leading questions may be asked in cross-examination.          Munkman in the Technique of Advocacy identified three techniques that can be used in cross-examination of witnesses. These are confrontation, probing and insinuation· techniques. Each of these techniques will be considered. After cross-examination by the opposing counsel, the party calling the witness may re-examine  him or her. The purpose of re-examination is also to redirect evidence and, limit its interpretation to planned strategy of the case.

FINAL ADDRESS At the end of these witness examination, the parties may address the court. Counsel for each party has a right to address the court, and the court cannot deny the right to address. However, a party may waive the right of address. The purpose of an address is to apply the law (statutory , provisions and judicial decisions) to the evidence established at the trial and to urge the court to deliver judgment in favour of the party addressing it. A structured address is more effective and it should be presented in the following order, issue(s), facts, argument and prayer. Each of these components of a structured address will be considered.

APPEAL If a party to a proceeding is dissatisfied by the decision of a court whether at pre-trial or trial, he or she may appeal to a higher court. The procedure for appeal to the higher court must be followed. In the Court of Appeal and Supreme Court, the hearing of an appeal must be preceded (except with leave of court) by the filing of briefs.

POST-PRESENTATION PROCEDURES At the end of every proceeding, counsel must immediately meet their clients and explain the outcome of the proceedings. The informal briefing must be followed by a formal briefing. A letter should be sent to the client stating the outcome of case, and the steps available to him or her, if dissatisfied with the decision of the court.

PRACTITIONERS' SKILL (V): NEGOTIATING INTRODUCTION:

Negotiation is a method by which two or more parties reach an agreement on matter or matters that require a decision between them. The decision on the subject matter of the negotiation is taken by the two parties themselves and not by a third party. It is this feature of negotiation that distinguishes it from other methods of decision-making such as adjudication, arbitration and mediation. These latter methods involve a third party making a decision for the parties.

TYPES OF NEGOTIATIONS Negotiation may involve settlement of disputes. It may involve domestic transactions such as banking, commercial or property transaction. Negotiations may also involve international transaction such as crude oil and agricultural exports, imports of industrial goods and technologies.

Whatever the type of negotiation, a practitioner must prepare for negotiation. Negotiation must not be seen as an easy option to litigation. The practitioner must prepare for negotiation in the same way he or she must prepare for litigation. To prepare for negotiation the facts of the matter must be ascertained and the objective which the client intends to achieve must be ascertained. The law applicable to the matter must also be a negotiated agreement. The Best Alternative to Negotiated Agreement (BATNA) and Worst Alternative to Negotiated Agreement (WATNA) on the matter must be considered before deciding whether the matter is best resolved by negotiation or other means.

NEGOTIATING   STRATEGIES STYLES AND TACTICS Negotiating strategies are the methods which a negotiator uses to achieve his or her real objective in order to reach an agreement on the matter under negotiation. There are two types of negotiating strategies:-   (a)       Competitive or Positional (otherwise known as win/lose)   (b)       Co-operative or Problem-solving (otherwise known as win/win) Negotiators also have distinctive negotiating styles. Each negotiator's style is influenced by his individual personality, the strategy he intends to adopt and his objective. Negotiating styles have been classified into three: Soft, Hard and Firm.   Negotiators also use tactics, to achieve their objective. Many tactics are used by negotiators and there are as many tactics as there are negotiators. The commonly used tactics includes the following: control of agenda, contextual manipulation; overwhelming numerical strength; puffs; threats; take it or leave it; piecemeal; package; nibble; limited authority; lack of authority; behavioral; and psychological tactics.

STAGES OF NEGOTIATION Negotiation is a process, that goes through several stages. Writers have identified different stages through which a negotiation must pass. The stages of negotiation

identified varies from three to eight. The number of stages through which a negotiation is processed is divided, . though important, is a matter of individual classification preference. More important is what takes place during the negotiation process. As negotiation is a process, it passes from one stage to another, and mayor may not lead to an agreement. In analyzing the negotiation process, four stages are identified:   (a)        Opening;   (b)        Bargaining;   (c)        Closing; and   (d)        Execution.

PRACTITIONERS' SKILL (VI): MANAGEMENT INTRODUCTION: The practice of law is a professional business, therefore practitioners intending to go into private practice must possess management skill over and above core legal skill.

Management is the employment of a firm's resources to achieve its desired goals. The resources of a firm include capital, staff and facilities. The goals are its future expectations of achievement and position in the market within a specific period.

It is necessary to distinguish between management and administration. Management deals with long-terms goals of the firm, while administration deals with immediate or short term goals of the firm.

The management of law firms is the responsibility of their owners. The ownership of the firm will determine the management system in the firm. The management system of law firms fall under four classes:   (a)    Management by a sole owner;   (b)    Management by a managing partner;   (c)    Management by a committee of partners; and   (d)    Management by all partners Each of these management structures will be considered.   VISION, MISSION STATEMENT AND GOALS The owners. must have a vision for the firm. Where there are several owners, their collective vision must be harmonized to produce a common vision. The vision of the firm should be written into a mission statement. The mission statement must state the long-term goals of the firm. The goals of the firm must meet certain criteria in order to achieve a yardstick against which achievement can be measured. These criteria are as follows: complimentary, specific, measurable, related to time and attainable. Each of these criteria will be considered.

MANAGEMENT FUNCTIONS To achieve the goals of the firm, management must carry out certain functions. These functions can be grouped into the following five classes:-         (a) planning;         (b) organising;         (c) co-ordinating;         (d) controlling; and         (e) evaluating.

PLANNING

Plans must be devised for the achievement of the goals of the firm. Three types of plans have been identified:· strategies, tactical and operational. Strategic plans are long term plans; tactical plans are medium term plans; operational are short-term plans. In devising plans, the external environment in which firms operate must be taken into account. This entails the socio-economic and political environment of the firm. The firm is under the control of the managers, unlike the external environment. Through planning and implementation, it can achieve its goals. The areas of the firm that require planning include the following:         (a) finance;         (b) service;         (c) clients;         (d) facilities; and         (e) staff Finance Financial planning requires that projections be made about the finance of the firm. Two techniques are used to carry out financial projections. These are profit and loss account projection and cash flow projection. Each of these projections will be considered.

Service There are a wide range of legal services that firms can render. They can specialize in court or commercial work or engage in general practice combining court and commercial work. Managers must devise plans on how to execute the type of work that the firm aims to do. Plans must be devised to recruit practitioners that possess the requisite skill to render the required services.

Clients The g0tlls of the firm should state the type of clients that it aims to serve. Legal service is rendered to a variety of clients such as individuals, companies, institutions and all tiers of government. Management should formulate plans to win the clients that the firm aim to serve. Clients are crucial to the survival of firms.          Facilities The facilities of a law firm include its premises, machines, equipment and supplies (see Law Office Management Manual) Managers must plan to provide the facilities needed by the firm to achieve its goals. A firm that aims to render services to companies, institutions and government will plan for the provision of more sophisticated facilities than that of a firm" that aims to render services to individuals.

  Staff

Legal work is carried out by practitioners support staff. There is an administrative element in all legal work for which support staff are required. Managers should devise plans to achieve the goals of the firm by recruiting practitioners that possess knowledge and skill in the firm's chosen area of work. Plans must also be made for support staff that will provide the administrative back-up for practitioners. The plan should provide for the optimum number of practitioners in the firm and the ratio of junior or middle and senior practitioners needed to render the services which the firm chooses to render. Managers must device plans to motivate their staff. Some theories of motivation will be considered. Also plans must be made for remuneration and training of staff.

Organising Plans devised by the managers must be implemented if the goals of the firm are to be achieved. The resource of firm must be organized to implement their plan. The main resource of a law firm is its human resources particularly practitioners. Support staff are also important. Therefore the organisation of support and practitioners is vital to the management of the firm. Work must be assigned to practitioners with the skill to carry it out. Plan must be devised to ensure that effective delegation takes place. Finally, the work of practitioners should be supervised to ensure that quality service is rendered.

Co-ordinating  Managers must co-ordinate the work of practitioners and support staff to ensure that work is carried out efficiently. The larger the firm, the greater the need for co-ordination.

Controlling Managers must control the operation of their firms so that it can achieve its goals. Controlling entails measuring performance of the firm against the plans devised for achieving its goals. The actual performance of the firm in the business areas should be measured and compared with the planned performance. Quality and quantity control may be used to measure the performance of the firm. Financial and other quantifiable performance such as service may be measured by quality control. Each area of business must be measured to determine whether the firm is operating according to planned performance.

Evaluating Managers must evaluate the financial performance of the firm to ascertain whether financial goals are being realized through devised plans. Evaluation of the performance of a firm should be made at specified period. It is usually made on given date once a year (called the accounting period of the firm), when the accounts of the firm for the preceding year are examined.

The profit and loss account and the balance sheet are used to evaluate the financial performance of the firm for the year under review. An example of a profit and loss account and balance sheet will be considered.

LEGAL PRACTITIONERS' ACCOUNTSINTRODUCTION:1.1 Because of the enormous amount of money which Legal practitioners in Nigeria are daily responsible for handling and disposing on behalf of their clients, the LegalPractitioners' Act 1962 provides that all Legal Practitioners shall keep proper books of account in relation to their practices. What the yearly total sum is, countrywide is anyone's guess, but it could be in the region of N1 billion. One can understand then, why the General Council of the Bar takes so much care to ensure that the handling of clients' money is not abused.

1.2 To this effect, the Legal Practitioners' Accounts Rules 1964 was made by theGeneral Council of the Bar and approved by the Attorney-General as required under the section 15(2) of the Legal Practitioners Act 1975. Nevertheless, the Rules made under the repealed law remain in force as provided by section 24(3) of the 1975Act.

1.3 Neither the Legal Practitioner's Act nor the Legal Practitioners' Accounts Rule 1964 intend to make accountants out of Lawyers, and neither of them provides or stipulates that Legal Practitioners must be accountants or book-keepers, rather both enactment enjoins legal practitioners to keep separate records of moneys received or paid on behalf of their clients.

1.4 The Legal Practitioners' Account Rule 1964 which shall be considered in detail later, enjoins every Legal Practitioner to keep separate accounts of(a) Their personal money;(b) Their clients money, and(c) Trust money

1.5 Neither the Act nor the 1964 Rules made its provision, states the legal practitioner shall personally keep the Accounts. And in the absence of such compulsion, it is submitted that the legal practitioner can employ an Accounts Executive or Accounts Clerk to keep such books of Accounts as may be required to be kept in compliance with the provisions of the said enactments.

1.6 Rule 3 expressly provides that every legal practitioner may keep one client account or many such accounts as he may think fit.

1.7 On the other hand, Rule 13 which deals with the trust account do not provide that the legal practitioner should open as many trust accounts as may be necessary but it is

desirable that separate account be opened in respect of each trust, thus avoiding the possibility of mixing up any of the trust funds.The Legal Practitioners Accounts Rule 1964 is divided into five parts

(a)   Part I - Rules 1;2 deals with the interpretation of the major terms such as

CLIENT, CLIENT'S MONEY, CLIENTACCOUNT, TRUST MONEY, SOLICITOR

TRUSTEE & TRUST BANK ACCOUNT1.10 OBLIGATORY ACCOUNTS:A legal practitioner is required under the Rules to keep two obligatory books ofAccount;(a) Client account; and

(b) Trust account; and by necessary implication from Rules 10 and 20(c) A personal, individual or partnership account

The reasons for keeping the various books of accounts may be summarized as follows:(a) The necessity and desirability of keeping client's money separate from the legal practitioners own money both in the bank and in the books kept by him;(b) It enables the legal practitioners to assess the value of his practice at any given time;(c) It enables him to know his debtors and creditors at a glance;(d) In the case of a partnership, it enables each partner to know the exact financial, position of the partnership; and(e) It makes for easy assessment of the individual or partnership tax liability at the end of the financial year.

METHODS OF RECORDING TRANSACTIONS:The art of recording pecuniary or business transactions in a regular and systematic manner is generally referred to as book-keeping. However, the term as understood by the practical business man involves much more that the simple recording of transactions in a systematic manner. It presupposes that such record shall be in a permanent form and that the details concerning the transactions shall be arranged in such a way that the monetary aspect of:(a) Each separate transaction(b) Each group of similar transactions(c) The whole of the transactions entered into during a given period of time, may be ascertained with minimum trouble and delay.

1.12 In order to accomplish this result, it has been found necessary to enter the transactions in a special book which facilitates the classification and aggregation of similar items without impending reference to any particular entry.

1.13 The main purpose of book-keeping therefore, is to give the businessman or legal practitioner, reliable information about his practice i.e.(i) Money received or expended by the practice;(ii) The debtors and creditors to the practice;(iii) The assets and liabilities of the practice;(iv) The profit and loss of the practice

1.14 The main purpose of the Legal Practitioner Accounts Rules 1964 is to ensure that legal practitioners keep all moneys had and receive or expended on behalf of his client (including trustee money) separate from his personal or partnership money, both of which must be recorded in order to obtain the financial information whichPractical business demands

1.15 EXAMPLEJIDE sells a book to FATIMA for Nl0 and FATIMA pays the Nl0 immediately. JIDE must show in his books:(a) That he has books to the value of NI0 less than he had before and(b) That he has NI0 more in cash than he had before

FATIMA must show in her books:(i) That she has books to the value of Nl0 more than she had before and(ii) That she has NI0 less in cash than she had before.

1.16 From the above example, it will be seen that every transaction has two aspects in each party books. And the simple example" furnishes the key to the fundamental principle, which must never be lost site of by the legal practitioner because it is the basis of the universally adopted system.KNOWN AS DOUBLE ENTRY BOOK-KEEPING

1.17 The system which is believed to have originated with the Venetian Merchants of the 15th century is the only system fulfilling the two-fold requirement that "for everyDEBIT there must be a corresponding CREDIT, and vice versa".

1.18 In technical language, these words express the fact that in recording a transaction in accordance with the principle of double-entry book keeping.(a) The RECEIVER is DEBITED with the pecuniary value of what he receives.

(b) While the GIVER is CREDITED with the pecuniary value of what he gives.

1.19 BOOKS REQUIRED FOR RECORDING TRANSACTIONS:Theoretically, the ONE essential book of account is the LEDGER. The double entry can be completed therein, and consequently it is, in theory, possible to carry out a complete system of book keeping by using such one book. In actual business, however, the use of such a single book has been found to be totally impracticable.Therefore in the simplest form of book-keeping at least two books are used viz:(i) The Journal, and(ii) The Ledger

1.20 The Journal(a) The name was derived from the French word journal, which means a diary, day-book or log-book, in it, is written a complete daily list of the trader's transactions entered in the order in which they occur.

(b) The operation of recording transactions in a journal (or journalizing) is' undertaken in order to obtain a complete and reliable chronological record of transactions. The items are arranged so as to show clearly to be debited(As the case may be) thus facilitating the entry (or posting) of the various items in the appropriate accounts in the LEDGER.

(c) The Journal or Day-book, was originally a daily record into which allTransactions were entered and classified; it is then posted or entered into the ledger accounts. Nowadays, the journal, if used at all, is for the following transactions:(i) the purchase or sale for assets on credit;(ii) the corrections of errors;(iii) transfer between accounts;(iv) opening and closing entries, and(v) any other items not recorded in other books of original entry.

1.21 EXAMPLE 2 - JOURNAL ENTRY:(A) The example given in paragraph 1.15 can be passed through the Journal (or can be journalized) in the following manner assuming the transaction occurred on 2nd January 1984.

(i) JIDE’S JOURNALDATE PARTICULARS DR

NCRN

21.1.84 TO: CASHBY: Books Being cost of book sold to Fatima

1010

(ii) FATIMA’S JOURNALDATE PARTICULARS DR

NCRN

21.1.84 TO: BOOKBY CASH Being cost of book sold to Fatima

1010

The short narration at the bottom of the journal is an explanation of the nature of the transaction which should always be given before a journal is closed.

1.22 As a legal practitioner you may not be involved in the use of Journals. The Ledger Book and the Cash books are the most likely books which may be involved in recording our business transactions.

1.23 CASH BOOK: Is a ledger account, being nothing more than the cash and bank accounts taken out of the Ledger and bound separately for the sake of greater convenience.1.24 (a) Treatment of the Cash Book: (i) When you receive money from your clients, you should DEBIT the cash book with the value or amount received.

(ii) When you buy stationeries or postage stamps, you should CREDIT the cash book with the value of the goods bought.

(iii) In the same way, when you pay your office rent, electricity and staff salary or wages you should CREDIT the cash book with the amounts expended. (b) If you pay all moneys received into a bank, you need to have a Bank CashAccount and where cash is kept for office use, you should keep a petty cash account. Also where a bank account is kept, all out goings are paid by means of a cheque. The petty cash book will be kept by your Secretary or Dispatch clerk for the recording of disbursements in respect of items such as postage stamps, cost of tea or coffee or daily transportation costs for junior staff on official assignments. The choice is really yours. However, you require at least a Cash Book Account, once you decide to set up a practice.

CAPITAL:(c) It is perhaps needless to say that when or before you set out to practice, you need some capital, however small it may be; you require such items as. Office tables (at least two-one for yourself and the other for your Clerk/Typist) you need office chairs, typewriter, books Letter Headings or Stationeries. You also require a car to facilitate your movements. Whatever amount you have when you have started constitutes your CAPITAL. The furniture, typewriter and stationeries will constitute you ASSETS. The total amount (capital and assets) put together. Including cash in your hand or at the Bank) is the VALUE of your business or practice. The cash in your hand or at the bank at start of the business is your WORKING CAPITAL. The total value of your assets including the cash in hand or at the bank constitutes your CAPITAL in the practice.

1.25 THE LEDGERA ledger records in permanent form, all the trader's or legal practitioner’s transactions after classification into separate or suitable groups e.g. those affecting cash, goods, or persons. All items in the Cash Book (except balances) are also posted into the individual Ledger accounts. The Receipts on the DEBIT side of the Cash Book are posted to the CREDIT side of the ledger accounts affected. While all payments on the credit side of the Cash Book are posted to the DEBIT side of the ledger accounts concerned. '

1.26 CLASSIFICATION OF TRANSACTIONThe classification of entries or the collection of transactions of a similar nature, into appropriate accounts, demands extreme accuracy on the part of the bookkeeper but provided that a few simple rules are observed, the work presents no difficulties which cannot easily be overcome. Thus, the whole trader's or a legal practitioner's dealing with other persons are recorded in an account bearing those other person's name; while his dealings in property and his items of expenditure are entered in accounts headed with the names of such property and class of expenditure respectively. Accounts which stand in the name of individuals, partnership, or companies are called PERSONAL ACCOUNT; all the others are called IMPERSONAL ACCOUNTS

Impersonal Accounts may be further sub-divided into two classes viz:(a) REAL ACCOUNTS record transactions in property and materials objects (Assets) and(b) NOMINAL ACCOUNTS record items of expenses incurred and income received, losses made and gains effected.

(a) EXAMPLES OF PERSONAL ACCOUNT:(i) V.A. ODEDINA "CAPITAL" ACCOUNT(ii) U.M.C (NIGERIA) LIMITED

(iii) FATIMA & CO. "CLIENTS" ACCOUNTS

The account in (i) and (ii) show the proprietor's personal relationship with the practice. The account in (iii) is not indicative of the proprietor's relation with the account. It is possible the account may be that of a supplier of goods or services to the proprietor or simply a debtor to the chambers.

(b) IMPERSONAL ACCOUNTS:(i) REAL ACCOUNTSLandBuildingsMachineryStock-intradeCash(ii) NOMINAL ACCOUNTSRentWagesInterestsInsurance premiumsDiscounts

1.27 METHOD OF ENTRIES IN THE BOOK(i) CASH ACCOUNT

Debit: ReceiptsCredit: Payments

(ii) PERSONAL ACCOUNTSDebit: ReceiverCredit: Giver

(iii) REAL ACCOUNTSDebit: Property Purchased or AcquiredCredit: Property Sold or Realized

(iv) NOMINAL ACCOUNTSDebit: Expenses/LossesCredit : Incomes/Gains

1.28 EXAMPLE 3Miss FATIMA was enrol1ed as a Solicitor of the Supreme Court of Nigeria on 31st August, 1984. On the 1st day of September, 1984 her parent gave her N28, 000 cash to enable her set up private legal practice in Lagos. On 2nd September 1984, Fatima paid N2, 00 being a year's rent for office accommodation to one Mr. John, he landlord of the

premises. On 3rd of September, 1984 she bought office furniture worth N1, 500.00. She also bought a second hand electric typewriter machine for N5, 000.00. She bought stationeries worth N800 and practice books to the value of N5, 000.00 al1 items were paid for in cash. On 4th September, 1984 she opened a current account with the New Nigeria Bank Ltd with the sum ofN1, 000.00. On 5th September, 1984 she bought a brand new Peugeot 505 SR at a cost of N12, 000.00 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 N3,000.00 in her office safe for petty Cash disbursements. Fatima’s Cash Account and the opening balances in her ledger Book will be as fol1ows:

DATE PARTICULARS DRN

CRN

1-9-84 Capital 28,000

2-9-84 Rent 2,4003-9-84 Office Furniture 1,500

3-9-84 Electric Typewriter 5,0003-9-84 Stationeries 800

3-9-84 Practice Books 5,0004-9-84 Current Account 1,000

5-9-84 Peugeot 505 Car 12,0005-9-84 Insurance Premium 1,500

5-9-84 Imprest Account 3,00030-9-84 Balance c/d 4,200

30-9-84 Balance d/b N32,000 N32,200

If you pause for a moment and have another look at the Cash Book Account you will discover that all payments made by Fatima were credited in the Account while the amount she received from her parents was debited in the same Account.

Before you precede further take another look at paragraph 1.27 (1) headed "Cash Account" there you were directed to Debit receipts and Credit payments.

You will see from the above entries in the Cash Book Account that directive was complied with.

CAPITAL ACCOUNT N NDATE PARTICULARS DR CR1-9-84 CASH 28,000

RENT ACCOUNT N NDATE PARTICULARS DR CR2-9-84 CASH 2,400

OFFICE FURNITURE ACCOUNT N NDATE PARTICULARS DR CR3-9-84 CASH 1,500

ELECTRICAL TYPEWRITER ACCOUNT N NDATE PARTICULARS DR CR3-9-84 CASH 5,000

STATIONERIES ACCOUNT N NPARTICULARS DR CR

3-9-84 CASH 800

PRACTICE BOOK ACCOUNT N NDATE PARTICULARS DR CR3-9-84 CASH 5,000

BANK CURRENT ACCOUNT N NDATE PARTICULARS DR CR4-9-84 CASH 1,000

MOTOR VEHICLE ACCOUNT N NDATE PARTICULARS DR CR5-9-84 CASH 12,000

INSURANCE PREMIUM N NDATE PARTICULARS DR CR5-9-84 CASH 1,500

PETTY CASH ACCOUNT N NDATE PARTICULARS DR CR1-9-84 CASH 28,000

(c) If the openings in the Ledger Accounts are correctly stated from the beginning it will facilitate additional entries in the various accounts during the year or accounting period.

1.29 EXAMPLE 4Let us consider for a moment that during the period of 6th September, 1984 to31st December, 1984 Fatima recorded the following income and expenditure.

(a) On the 18th October, 1984 Fatima received from John N500 for a possession case.

(b) On 30th October, 1984 she received from Mr. White N1, 000 for a criminal case conducted before a Magistrate Court.

(c) She won an action for liquidated sum in a High Court and she was paid N2, 500.00 on 10th November, 1984 by Mr. Box.

(d) She bought office Machines for the sum of N1, 5OO.00 on 20th November, 1984.

(e) On 30th November, 1984 she bought a Honda Motor Cycle for herClerk/Typist costing N750.00

(f) She paid wages to her Clerk/Typist (Mr. Monday) in the months of September, October, November and December, 1984 at the rate of N120.00 per month. Assume that all the wages paid on the last day of each month.

(g) She received cash of N5, OOO.OO on December, 20th 1984 to defend a civil matter on behalf of a Client company called Max Limited. You are now required to write up Fatima's Books of Account (Cash Book & Ledgers) for the year ending 31st December, 1984. For the moment you may ignore the income and expenditure account and the Balance sheet. The additional entries and Balances of the various accounts will be as follows:

CASH BOOK N N

DATE PARTICULARS DR CR30-9-84 Salaries & Wages 12015-10-84 Fee – Income 500

30-10-84 Fee – Income 1,00031-10-84 Salaries & Wages 120

10-11-84 Fee – Income 2,50020-11-84 Office Machine 1,500

30-11-84 Motor Cycle 75030-11-84 Fee - Income 120

30-11-84 Fee - Income 5,00020-12-84 Salaries & Wages 120

30-12-84 Salaries & Wages 120Balance C/D 6150

Balance B/D 9,000 9,000

SALARIES & WAGES ACCOUNT

DATE PARTICULARS DR CR30-9-84 CASH 12031-10-84 CASH 120

30-11-84 CASH 12031-12-84 CASH 120

FEE – INCOME ACCOUNTDATE PARTICULARS DR CR

15-10-84 CASH 50030-10-84 CASH 1,000

10-11-84 CASH 2,50020-12-84 CASH 5,000

DEFINITIONS OF TERMS:

2.1 Definition under the Rules(a) CLIENT - Shall include any person on whose account a Legal practitioner holds or receives client money

(b) CLIENT'S MONEY - Shall mean money held or received by a legal practitioner on account of a person for whom he is acting in relation to the holding or receipt of such money either as a legal practitioner or in connection with his practice as a Legal Practitioner, as agent, bailee, stakeholder or in many other capacity, provided that the expression "Client's Money" shall not include:-

(i) Money held or received on account of the trustees of a trust of which the legal practitioner is a solicitor trustee, or

(ii) Money to which the only person entitled is the practitioner himself or in the case of firm of legal practitioners, one or more of the partners in the firm.

(c) CLIENT ACCOUNT - Shall means a current or deposit account at a bank in the name of the legal practitioner, the title of which the word "client" appears.

(d) TRUST MONEY - Shall mean money held or received by a legal practitioner which is not client's money and which is subject to a trust of which theLegal Practitioner is a "Solicitor - Trustee" of such trust.

(e) TRUST BANK ACCOUNT - Shall mean a current or deposit account, the title of which the word "trustees" or "executor" appears, kept at a bank in the name of the trustees of the trust and kept solely for money subject to a particular trust of which the legal practitioner is solicitor - trustee.

(f) SOLICITOR - TRUSTEE; - Shall mean a legal practitioner who is only a sole trustee or who is a co-trustee with a partner, clerk or servant of his or with more than one of such persons. (This may be referred to as a controlled trust).

2.2 CONTROLLED TRUST - Means a trust of which a legal practitioner is sole trustee or co-trustee only with one or more of his partners or employees.2.3 DESIGNATED ACCOUNT - Means a deposit account at a bank in the name of the legal practitioner or his firm in the title of which the word "client" appears and which is designated by reference to the identity of the client of matter concerned.3. THE RULES:3.1 The Legal Practitioner's Account Rules 1964 provide for:(a) The maintenance of a "client" bank account separate from the legal practitioner's own bank account(s) and for the banking of client's money.(b) The keeping of accounts containing particulars of amount received, held and paid on behalf of clients; and(c) The General Council of the Bar to ascertain whether or not the rules have been complied with.

3.2 The 1964 Rules make similar provision with regards to "trust money" but only with regard to money comprised in trusts of which the Legal practitioner is a sole trustee or co-trustee with one or more of his partners or employees (otherwise known as "controlled trust").

3.3 The rules specifically set out in detail the scope of the work to be performed byThe Accountant making a report to General Council of bar on the Legal Practitioner's compliance with the said rules.

3.4 The interpretation Act shall apply to these Rules in the same manner as it applies to the Act of parliament.

3.5 EXEMPTIONS: Rule 9 provides that not withstanding the provision of these Rules, a Legal Practitioner should not be under obligation to pay into a client bank account, client's money held or received by him, if:

(a) The money is received by the legal practitioner in cash and is without delay paid in cash in the ordinary course of business to the client himself or to a third party; or

(b) Where the money received was in form of a cheque or bank draft which is endorsed over in the ordinary course of business to the client himself or to a third party without passing such money through bank account; or

(c) Where the legal practitioner pays such money into separate banking account opened or to be opened in the name of the client or of some person named by the client. (This sort of account will come within the category of "Specially DesignatedAccount"; or

(d) If the client, for his own convenience had in writing requested the Legal practitioner not to pay such money into a client account; or

(e) Where the legal practitioner received the money for the purpose of effecting payment of a debt due to the legal practitioner from that client or in reimbursement of money expended by the legal practitioner on behalf of the client, particulars or which debt or expenses had earlier been notified, in writing, to the client; or

(f) If the money is received by the legal practitioner expressly on account of costs incurred by him on behalf of the client and in respect of which a bill of cost has been delivered and/or agreed or on account of an agreed fee, for work done or to be done on behalf of the client' or

(g) Subject to circumstance described in Rule 5 of the Rules, which is discussed in sub-paragraph 4.6 below; and(h) Notwithstanding the above, the legal practitioner may make written application to the Bar Council for permission to withhold any client's money from a client account.

3.6 Rules 19 also relieves a legal practitioner from any obligation to pay into a TrustBank account money held or received by him which is:(a) Subject to a trust of which he is a Solicitor trustee; or

(b) In form of cash which is without delay paid out to a third party in cash in the execution of the trust; or

(c) In form of cheque or bank draft which is without delay endorsed over to third party in the execution of the trust.3.7 Rule 12 preserves the legal practitioner’s recourse or right, whether by way of lien setoff, counter-claim, charge or otherwise, against moneys standing to the credit of a client account.

3.8 Rule 20 (2) enjoined every legal practitioner to preserve all his record or Accounts relation to trusts of which he is a Solicitor-trustee for a minimum period of six years from the date of the last entry in such books of accounts. There is no similar express provision in relation to client's account, but it is suggested that records relating to any client's account should be preserved for a minimum period of six years before they are destroyed.

4. CLIENT'S MONEY4.1 The sources of client's money are varied but will include among others:

(a) CONVEYANCING - a major source of clients’ money for most firms of legal practitioners;

(b) EXECUTORSHIP AND TRUSTS - trust money may be paid into a client account, but if held in the capacity of Solicitor-trustee it should be paid into a trust bank account;

(c) INVESTMENT MANAGEMENT - some legal practitioners act as family advisers on investment;

(d) AGENCY WORK - some legal practitioners are agents for property and estate companies and insurance companies;

(e) FEES ON ACCOUNT - receipts in advance of professional work.

4.2 - Client money is protected in the following ways:(a) The Legal Practitioner Accounts Rules lay down stringent regulations for the handling of clients' money, for keeping it in a separate bank account and maintaining adequate records of client money transactions.

(b) The provision that the Bar Council whether acting on their own motion or on the written statement or request transmitted to them by or on behalf of anyBranch of the Nigeria Bar Association or on a written complaint lodged with them by a third-party, may request a legal practitioner to produce at a time and placed to be fixed

by the Bar Council, his books of account, bank pass books, loose leaf bank statements, statements of account, vouchers and any of the necessary documents for the inspection of an Accountant appointed by the Bar Council. The complaint must be in writing and the council will require prima facie evidence that grounds for the complaint exist;

(c) The Accountant's report may be used as basis for proceedings under theLegal Practitioner's Act.

4.3 The client's specific instructions as to the holding and disposition of funds are paramount, taking precedence over the Legal Practitioner's Account Rules, Thus, the client may instruct that this money- be retained in the Legal Practitioner's office in the form of cash or paid out in a particular manner even though the legal practitioner advises against it. Such instructions should be either in writing from the client or acknowledged in writing by the legal practitioner to the Client.

4.4 Client's money' received must be banked without delay, unless dealt with under paragraph 4.8 below. Without delay means the day of receipt or the next working day if the money is received after banking hours or at weekend or on a public holiday.4.5 In general, only client's money may be paid into a client account, but there are few exceptions:(a) Trust money,

(b) A nominal sum belonging to the legal practitioner who is required for – the opening or maintaining the account.

(c) Money which is required to be split as between the client's and trust accounts or between other accounts; and

(d) Money which was inadvertently or accidentally withdrawn from the account.

4.6 Thus, if a cheque received includes client's money or trust money, it may be split and paid into its relevant account. If the cheque is not split and includes client's money it must be paid into client account in the first instance, but any amount which cannot be properly treated as client's money must be transferred out.

4.7 Similarly, money inadvertently paid into a client account can be withdrawn immediately on discovery. This also extends to interest on a general client deposit account which the bank contrary to instructions, has credited to a client account.

4.8 Client's money received in the form of cash (or a cheque) may be paid (or endorsed over) to a client or on his behalf to a third party.

4.9 Money may be drawn from a client account:(a) On the instruction of the Client:

(b) If required for or towards payment of a debt due to the legal practitioner or expenses incurred by him:

(c) It required for or towards payment of a: legal practitioner's costs, provided a bill of charge or other written intimation of costs has been delivered to the client and he has been told, in writing that the money will be withdrawn.

(d) For transfer into another account.

(e) It is trust money required for the execution of a particular trust or is to be transferred to a separate bank account kept solely for a particular trust, and

(f) If the money was originally paid in to open or maintain the account.4.10 A withdrawal of money from a client account against an uncleared cheque is not itself a breach of the Rules, but it becomes so retrospectively if the cheque is dishonored.

4.11 Difficulties may however arise when a legal practitioner uses a banker's draft to complete a transaction on client account. When the draft is issued, the bank immediately debits the client bank account; but no disposal takes place while the draft remains in the possession of the legal practitioner (or his firm). However, as soon as the draft is endorsed over or released to a third party, there is a disposal of client's money and the client's ledger account must be debited immediately.

4.12 The Rules preserve the legal practitioner's right whether by way of lien, set-off, counter-claim, charge or otherwise, against moneys standing to the credit of a client account."

4.13 Money drawn on a client account should be drawn except by:(a) A cheque drawn in favour of the legal practitioner; or(b) A transfer to a bank account in the name of the legal practitioner not being a client account. This will make 'tracing' possible, where necessary.

5. TRUST MONEY:

5 .1 Definition:Trust money has been defined as money held or received by a legal practitioner which is not client's money and which is subject to a trust of which the legal practitioner is a trustee whether or not he is solicitor - trustee of such trust.

5.2 Trust money is expressly excluded from the Definition of client's money but it may nevertheless be paid into a client account. If it is paid into a client account it immediately comes within the scope of part IV of the Legal Practitioner's AccountsRules, (Rules 21 A and 22) which deals with the inspection and enforcement of the rule by the Bar Council against erring Legal Practitioners.

5.3 However, only money subject to a "controlled trust" may be paid into a "trust bank account".

5.4 Apart from the above, the rule of handling trust money are largely the same as for handling of client's money but there are some important differences.

(a) A separate trust bank account must be opened for each trust. By definition, there cannot be a "general trust bank account as is possible for client's money;

(b) If trust money is put in a deposit account and the legal practitioner is the trustee, he must account to the trust for any interest earned;

5.5 There may be paid into a trust bank account;(a) Money subject to the particular trust

(b) Money belonging to the Solicitor - trustee which is necessary for the opening of the trust bank account;

(c) Money which is required to be split between a trust account and another account; and

(d) Money received as a replacement for money mistakenly or accidentally withdrawn from the account.

5.6 No other money except those specified above may be paid into a trust bank account.

5.7 Rules 13 provides that subject to sub-paragraph 5.8 below, every legal practitioner who holds or receives money subject to a trust of which he is a solicitor-trustee, other than money which is paid into a client account as permitted by the Rules, shall without delay pay such money into the trust bank account of the particular trust. Without delay

means the day of receipt or the next working day if the money is received after banking hours or a weekend or on a public holiday.

5.8 A legal practitioner shall not be under any obligation to pay into a trust bank account money held or received by him which is subject to a trust of which he is Solicitor - trustee, if such money is received by him either in form of cash which delay paid in cash in the execution of the trust to a third party or in the form of a cheque or draft which is without delay endorsed over in the execution of the trust to a third party and is not passed by the legal practitioner through a bank account.

5.9 There may be drawn from a trust bank account;

(a) Money properly required for a payment in the execution of the particular trust;

(b) Money to be transferred to a client account;

(c) Such money, not being subject to the particular trust, as may have been paid into the account; as under sub-paragraph 5 5(b) above; and

(d) Money which may by mistake or accident has been paid into the account.5.10 No other money except those specified above may be drawn from the trust bank account except with the written authority of the Bar Council.

5.11 Every Solicitor - trustee shall at all times keep proper books and accounts as may be necessary.

(a) To show separately all his dealings with money held, received or paid by him on accounts of each trust of which he is a solicitor-trustee; or

(b) To distinguish the same from money held, received or paid by him on any other account.

5.12 Every solicitor-trustee shall preserve for at least six years from the date of the last entry therein all books and accounts kept by him.

(a) Trust money may be invested in all securities created either by the federal or state Governments or securities created or issue by companies or corporation, incorporated directly under any Act of parliament of the Federal Legislature or the State Law. The trustee poser of investment shall be subject to any consent or direction required to the investment of the trust funds.

(b) A trustee shall not be liable for breach of trust by reason only of his continuing to hold an investment which as at any time ceased to be an investment authorized by the provisions of the Government and other securities(Local/trustees powers) Act (Cap. 78).

(c) Under the Government and the Securities (Local Trustees' Power) Act a trustee may invest trust money in any of the stock issued by the following corporations:(i) Nigerian Coal Corporation(ii) National Electric Power Authority(iii) Nigerian Ports Authority and(iv) Nigeria Railway Corporation

INSPECTION AND ENFORCEMENT6.1 In order to ascertain whether the Rules have been complied with, the Bar Council, acting either:

(a) On their own motion; or

(b) On a written statement on request transmitted to them by or on behalf of anyBranch of the Nigerian Bar Association; or

(c) On a written complaint with them by a third party may require any Legal practitioner to produce at a time and place to be fixed by the Bar Council, his books of account, bank pass books, loose-leaf bank statements, statement of account, vouchers and any other necessary documents for the inspection of an accountant appointed for the information of the Bar Council, a report on the result of such inspection. Such a report may be used as a basis for proceedings under the Legal Practitioners Act 1976.

6.2 And upon being required so to do, a legal practitioner shall produce such books of account, bank passbooks, loose-leaf bank statements, fixed or appointed for the purpose.

6.3 In any case in which a Branch of the Nigerian Bar Association is of opinion that an inspection of a Legal Practitioner's Accounts should be made under the Rules, it shall be the duty of such branch to transmit to the Bar Council a statement containing all relevant information in their possession and make a request that such an inspection be made.

6.4 It is expedient that before instituting an inspection of a legal Practitioner's accounts on a written complaint of a third party, the Bar Council shall require prima facie evidence

that a ground for complaint exists. To this effect, it may require the payment by the third party to the Council of reasonable sum to be fixed by the Council to cover the cost of:

(a) The inspection and

(b) The cost of the legal practitioner against whom the complaints is made. The Bar council has power to deal with any sum so paid in such manner as they think fit.

6.5 As an alternative to the above, the Bar council may, in their discretion, require any legal practitioner to deliver to the Council within a specified time, a Certificate by an Accountant in a prescribed form similar to the Schedule to the Rules. In such a case the examination of the legal practitioner's books of account shall be carried out by an Accountant nominated by the legal practitioner himself in accordance with written instruction given to the Council to the Accountant or failing such nomination within a time fixed by the council, an Accountant may be appointed by the council to carry out the report.

6.6 All requests by the Bar council to a legal practitioner shall be made in writing under the hand of the secretary and sent by registered post to the last address of the legal practitioner appearing on the roll or in the list kept by Registrar under section 7(4) Legal Practitioner Act 1975. A letter sent by registered post shall for the purpose of these Rules be deemed to have been received by the legal practitioner on the tenth day after posting.

6.7 FORM OF ACCOUNTANTS CERTIFICATE1. Full Name of Legal Practitioner2. Firm name (if any) and addressees)3. State whether practicing alone or in partnership.4. Accounting period (Note): the certificate must cover a period of not less than twelve months prior to the date of the certificate).

In compliance with Rules 21 A of the Legal Practitioner's Account Rules 1964 and in compliance with instructions received from the Bar Council.

I..........................................have examined the books of accounts and practice produced to me and I hereby certify that from my examination and from the explanation and information given to me, I am satisfied that during the above-mentioned period.

1. He maintained the books required by Rules 10 and 20 of the Rules; and

2. He had complied with the provisions to the Rules except so far as concerns;(a) Certain trivial breaches due to clerical errors or mistakes in book keeping all of which were rectified on discovery; I am satisfied that none of such breaches resulted in loss to any client or any trust;

(b) The matters set out in the Report appended hereto.

3. Having retired from active practice as a legal practitioner he ceased to hold client's money or to act as a Solicitor-trustee on (the date).

4. Not being engaged in practice as a legal practitioner on his own account he neither held client's money nor acted as Solicitor-trustee. PARTICULARS OF THE ACCOUNTANTFull Name: .............................................................. ............... .Qualification: .............................................................................Address: ...................................................................................Signature: ................................................................................Date: .................................................................... ; ............... .

To: General Council of the BarNigerian Bar AssociationLaw CourtsLagos.

PARTNERSHIP ACCOUNTSThe examples considered earlier relates to the accounts of a Sole Practitioner and sole trader. The idea is fast gaining ground for two or more Legal Practitioners to join together and form partnership with each other. In such a situation, a partnership deed or agreement is generally drawn up setting out in clear terms, the major terms of the partnership. In the absence of any express agreement on the terms of the partnership, the provisions of the Partnership Act 1980 of the Partnership Law will apply. It is sometimes possible for the partners to contribute capital in equal proportion and therefore share the profit and or loss in equal proportion as well.Sometimes however, they may contribute capital at an agreed ratio or according to the ability of each partner or according to the seniority list of the partners. In most cases the

sharing of the profit or loss will be proportionate to the capital contributed by each partner.Nevertheless, it is important to stress that the principles are the same as for the accounts of a practitioner. The accounts used are the same and the variations are only of a very small nature.

7.2 TREATMENT OF CAPITALAs there is now more than one legal practitioner in Chambers, separate capital accounts are needed for each proprietor.Examples: 5Oluwole and Fatima are in Partnership and introduced N5, 000 in cash into the business(a) You should DEBIT the Cash Account, and(b) CREDIT the Capital account of each of the partners in the Ledger.

DR CASH ACCOUNT CRDATE PARTICULARS AMOUNT

NDATE PARTICULARS AMOUNT

NCapital Account(Oluwole)Capital Account(Fatima)

5,000

5,000------------------10, 000

Balance c/d 10,000

10, 000

DR CAPITAL ACCOUNT (OLUWOLE) CRDATE PARTICULARS AMOUNT

NDATE PARTICULARS AMOUNT

NCASH 5,000

DR CAPITAL ACCOUNT (FATIMA) CR DATE PARTICULARS AMOUNT

NDATE PARTICULARS AMOUNT

CASH 5,000

7.3 DRAWINGS BY PARTNERSThe drawings of a Sole Practitioner are transferred at the end of the year from the Drawings Account to the Capital Account. In the case of a partnership, drawings are not transferred to Capital Account. There will be a separate Current Account for each partner.

7.4 EARNINGS BY PARTNERSA similar procedure to the one just considered is adopted with the earnings of the partners e.g. net profit. Instead of being credited to Capital account of each partner, net profit is credited to the Current Account of each partner. The result is that the Capital account shows the amount of money which each individual proprietor has invested permanently in the business. On the other hand, the Current account shows the amount which a partner is at any time entitled to withdraw from the business.

7.5 OTHER EXPENSES / INCOMES The daily entries in the accounts of the partnership e.g. payment of expenses, receipt of income, are all the same as in the accounts of Sole Proprietor up to and including the preparation of the Profit and Loss Account. However, after the expenses and income have been recorded in the normal way in the Profit and Loss account, there is prepared an extension to the Profit and Loss Account which is called the appropriation Account. The appropriation Account is not a separate account but rather an extension or continuation of the Profit and Loss Account. After all the expenses and incomes have been entered and the profit has been ascertained.(a) DEBIT the Profit and Loss Account with the figure of the net profits; and(b) CREDIT the Appropriation account.

7.6 PARTNERSHIP SALARIESSometimes it may be agreed that the partners are to be paid salaries before any resulting profit or loss is shared between them. If this is so, the entries are:(a) DEBIT the Profit and Loss Account(b) CREDIT the Current Account of each partner

7.7 INTEREST ON CAPITAL ACCOUNTIt may also be agreed that the partners are to be entitled to interest on the amount standing to the credit of their Capital Account. If this is so, then the relevant entries are:(a) DEBIT the Profit and Loss Account; and(b) CREDIT the current Account of each partner

Example 6:

Oluwole, Fatima and Bassey established a partnership in January 1986 and each contributed N15, 000 as capital. It was agreed that Oluwole shall receive a salary of N13, 000 per annum, Fatima N12, 500 per annum and BasseyN12, 000 per-annum. It was also agreed that profit and loss shall be shared equally.The income of the partnership for the first year ended 31 December 1986 wasN200, 000 while their expenses amounted to N134, 999. During the same period the partners drawings were as follows:Oluwole N2, 000Fatima N3, 000Bassey N4, OOO

Each partner is entitled to 10% interest per annum on their Capitals.Prepare the partnership account (including the appropriation Account).

DR CASH ACCOUNT CRDATE PARTICULARS AMOUNT

NDATE PARTICULARS AMOUNT

NCapital Account

(Oluwole)

Capital Account(Fatima)

Capital Account(Bassey)

15,000

15,000

15,000

Drawings Account(Oluwole)

Drawings Account(Fatima)

Drawings Account(Bassey)

Balance c/d

2,000

3,000

4,000

36,000

DR CAPITAL ACCOUNT (OLUWOLE) CRDATE PARTICULARS AMOUNT

NDATE PARTICULARS AMOUNT

N

Dec. 86 Balance c/d 15,00015,000

Jan. 86 Cash 15,00015,000

DR CAPITAL ACCOUNT (FATIMA) CRDATE PARTICULARS AMOUNT

NDATE PARTICULARS AMOUNT

NDec. 86 Balance c/d 15,000

15,000Jan. 86 Cash 15,000

15,000

DR CAPITAL ACCOUNT (BASSEY) CRDATE PARTICULARS AMOUNT

NDATE PARTICULARS AMOUNT

NDec. 86 Balance c/d 15,000

15,000Jan. 86 Cash 15,000

15,000

DR DRAWINGS ACCOUNT (OLUWOLE) CRDATE PARTICULARS AMOUNT

NDATE PARTICULARS AMOUNT

NCash 2,000

2,000Current A/C 2,000

2,000

DR DRAWINGS ACCOUNT (FATIMA) CRDATE PARTICULARS AMOUNT

NDATE PARTICULARS AMOUNT

NCash 3,000

3,000Current A/C 3,000

3,000

DR DRAWINGS ACCOUNT (BASSEY) CRDATE PARTICULARS AMOUNT

NDATE PARTICULARS AMOUNT

NCash 4,000

4,000Current A/C 4,000

2,000

DR CURRENT ACCOUNT (OLUWOLE) CRDATE PARTICULARS AMOUNT

NDATE PARTICULARS AMOUNT

NDrawings

Balance c/d2,000

20,167

22,167

SalaryInterest on capital

Share on profit

13,0001,5007,667

22,167

DR CURRENT ACCOUNT (FATIMA) CRDATE PARTICULARS AMOUNT

NDATE PARTICULARS AMOUNT

NDrawings

Balance c/d3,000

18,667

22,167

SalaryInterest on capital

Share on profit

12,5001,5007,667

21,667

DR CURRENT ACCOUNT (BASSEY) CR DATE PARTICULARS AMOUNT DATE PARTICULARS AMOUNT

N NDrawings

Balance c/d4,000

17,167

22,167

SalaryInterest on capital

Share on profit

12,0001,5007,667

21,667

PROFIT AND LOSS ACCOUNTExpenses 134,999Net Profit c/d 65,000 200,000

Partnership Income 200,000

200,000

PROFIT AND LOSS ACCOUNT (APPROPRIATION)Partners SalariesOluwole 13,000Fatima 12,500Bassey 12,000 37,500

Interest on CapitalOluwole 1,500Fatima 1,500Bassey 1,500 4,500

Share ProfitOluwole 7,667Fatima 7,667Bassey 7,667 23,001 ---------------- 65,001 ----------------

Net Profit b/d 65,001

---------------- 65,001 ----------------

7.8 RECORDING OF CLIENT'S MONEY

In the recording of monetary transactions on behalf of clients, the legal practitioner needs:(a) One Cash Book Account, and(b) One Personal Account in respect of each client.

Debit Cash Account (Client Account) which is not the same as the one used for your personal or office money; and Credit ledger account of client.

Example 7:(a)   If you receive N20,000 from A.B. Client, the entries in your books will be as follows:

DR CASH ACCOUNT CRA. B. Client N20,000

DR A.B. CLIENT ACCOUNT CRCash N20,000

(b) If you pay money on behalf of your client- Credit Cash Account (Not the general Cash Account) - Debit ledger Account of client

Thus if you pay N5, 000 as registration and stamp duty fees on behalf of A.B. Client, the entries in the books will be as follows:

DR CASH ACCOUNT CRA.B. Client N5,000

DR A.B. ACCOUNT CRCash N5,000

Example 8:Let us assume that you acted for Jimo who recently sold his house for N40, 000 on

January 2, you received N4, 000 deposits from the purchaser on exchange of contracts to be held, as Vendor's agent. On February 1, you received the balance of the sale price of N36, 000.00. On February 2, you sent Jimo your bill of costs for N3, 000 and on February 5, you sent the balance due to Jimo.The entries will be as follows:

DR CASH ACCOUNT (CLIENTS ACCOUNT) CRDATE PARTICULARS AMOUNT

NDATE PARTICULARS AMOUNT

NJan. 2

Feb. 1

Deposit – Sale of House

Balance – Purchase

4,00036,00040,000

Feb. 2

Feb. 5

Bill of Cost

Jimo

3,00037,00040,000

DR JIMO’S ACCOUNT CRDATE PARTICULARS AMOUNT

NDATE PARTICULARS AMOUNT

NFeb. 2Feb. 5

Bill of CostCash Balance

3,00037,00040,000

Jan. 2Feb. 1

DepositBalance – Purchase

Price

4,00036,00040,000

The sum of N37, 000 is the balance payable to Jimo.

Example 9: Mallam Audu instructed you on 1/9/86 to act for him with regards to the purchase of a property at Victoria Island, Lagos.

To this end, he deposited the sum of N350, 000 with your CHAMBERS with instructions that you should pay for the property and other reasonable or incidental expenses there from.

(a) On 2/9/86 you paid N125 on searches.(b) On 18/9/86 you paid N2, 500 as valuation fees(c) On 10/10/86 on completion of negotiation and documentation you paid, theVendor (Mr. Felix) the purchase price of N217, 000 in line with the valuation report.(d) On 12/10/86 you paid stamp duty fee ofN2, 100(e) On 14/10/86 you paid Land Registration fees of N18, 000(f) On 15/10/86 you sent Mallam Audu your Bill of costs for N10, 000

The entries in the books will be as follows:-

DR CASH ACCOUNT (CLIENT’S ACCOUNT) CRDATE PARTICULARS AMOUNT

NDATE PARTICULARS AMOUNT

N1/9/86 Mallam Audu 350,000

350,000

2/9/8618/9/8610/10/8612/10/8614/10/8615/10/86

SearchesValuation feesPurchase PriceStamp dutyLand Reg. FeesBalance c/d

1252,500217,0002,00018,000100,275350,000

DR MALLAM AUDU’S ACCOUNT CRDATE PARTICULARS AMOUNT

NDATE PARTICULARS AMOUNT

N2/9/8618/9/8610/10/8612/10/8614/10/8615/10/86

SearchesValuation feesPurchase PriceStamp dutyLand Reg. FeesBill of costsBalance c/d

1252,500217,0002,00018,00010,000100,275350,000

1/9/86 Cash 350,000

350,000

7.9 It sometimes happens that the same legal practitioner will act for both Vendor and purchaser instead of each party engaging the services of different lawyers. It is not uncommon for a purchaser to make a deposit against the purchase price with his Solicitor on or before the exchange of contracts, sometimes such deposits are made to the Estate Agent who negotiated the sale, but more often than not, it is paid to one of

legal practitioners acting for the parties. The entries you will make in your books will depend on whether you are holding the deposit as

(a) An agent for the Vendor; or(b) As stake-holder

7.10 AGENT for the Vendor; I this case the money belongs to the Vendor immediately and the entries are:-CREDIT the Ledger Account of the Vendor - CLIENT ACCOUNTDEBIT Cash Account - CLIENT ACCOUNT

7.11 Acting as Stake-holder: In this case the money is temporarily neither that of the Vendor nor that of the Purchaser until the relevant matter' is completed when the money automatically becomes that of the Vendor. In the recording of the transaction an account is opened in the. Client's Ledger called "Stake-holder Account" and the entries will be: CREDIT Stakeholder - CLIENT ACCOUNTDEBIT Cash - CLIENT ACCOUNT

On the completion of the transaction a Ledger Transfer must be made from theStakeholder Account to the account of the vendor i.e. DEBIT Stakeholder accountCLIENT ACCOUNT: CREDIT the Ledger Account of the Vendor – CLIENT ACCOUNT.

The word CLIENT ACCOUNT has been continuously attached to the title of accounts discussed in this chapter in order to distinguish them from the LegalPractitioners' own business money and those that belongs to his Client.

7.12 RECORDING OF TRUST MONEYThe Trust Account is analogous to the Client Account. More often than not, a legal practitioner will be asked to act as a trustee to a trust and in such case will, from time to time, receive money belonging to that trust. It should be noted however that where the legal practitioner is not a Solicitor for a trust himself but only acting for trustees, (i.e. they are his clients) then any money received on behalf of that trust and the trustees, is CLIENT MONEY. In that wise, this case, normal rules apply i.e. the money must be paid into the ordinary client's bank account and a ledger account opened in the CLIENT'S LEDGER BOOK in the name of the trustee(s). But where the legal practitioner is a trustee himself, certain special circumstances apply.

7.13 We have seen earlier that the Legal Practitioner Accounts Rule 1964 enjoins any

Legal Practitioner who is a trustee to keep proper, faithful and accurate accounts for the trust and that such account(s) must be kept separately from all other accounts. Failure to comply with those requirements may render the legal practitioner (as a trustee) liable to an action by a beneficiary for breach of trust.Furthermore, a Legal 'Practitioner who fails to comply with the 1994 rules may be equally or additionally liable to disciplinary proceeding, particularly if he is a "Solicitor-trustee".7.14 Consequently, whether a legal practitioner is a Solicitor-trustee (i.e. a sole trustee) or an ordinary trustee (e.g. a trustee jointly with a layman who is not an employee in his Chambers or firm) he will need to keep separate records and books of account for each trust of which he is a trustee. In the recording of the transactions, the legal practitioner should have separate bank account for each trust so as to avoid the problem of mixing up moneys belonging to different trusts. 'Trust money may be paid into either,(a) The Chamber's Client Bank Account; or(b) The Bank account of the individual or particular trust.

7.15 If the trust money is paid into the firm's client Bank Account, then:

(a) CREDIT an account in the Client's Ledger - CLIENT ACCOUNT in the name of the trust:

(b) DEBIT Cash account -"CLIENT ACCOUNT.

7.16 However, if the trust money is paid into Bank account for the particular trust, the entries are made in the books of account kept for the particular trust. In that wise no entries should be made in the firm's books of account:

7.17 Withdrawals:(i) When withdrawals are made out of money held in firm's CLIENT ACCOUNT.

(a) DEBIT the ledger account kept for the particular trust in CLIENT'SLEDGER-CLIENT ACCOUNT; and I(b) - CREDIT Cash Account- CLIENT ACCOUNT;

(ii) When withdrawals are made out of money held in the Trust Bank account, the withdrawals should be recorded in the books of the trust, but no entries should be made in the firm's books.

7.18 Example 10:You are the sole Trustee of the Deaf Children's fund established by the Bar Council with a total of N750, 000 on 1st January 1985. The trust is to be administered in accordance with the trust deed. Your obligations under the trust deed include the settlement of

legitimate hospital bills or other medical expenses of the deaf children under the care of the Handicap Children Home in Lagos.During the year 1985, you settled the following items of expenditure on behalf of the fund.

(i) Medical Expenses : N275, 000(ii)Administration Expenses : N15, 000 (iii)Wages and Salaries : N34, 000(iv) Staff Retirement Benefit : N4, 000(v) You received interest of the Bank on behalf of the fund : N15, 000

DR V. A. ODEDINA “TRUST ACCOUNT” (DEAF CHILDREN’S FUND) CR DATE PARTICULARS AMOUNT

NDATE PARTICULARS AMOUNT

N1/1/8631/12/85

CashInterest Received

750, 00015, 000

765, 000

Medical BillAdmin. ExpensesWages & SalariesStaff RetirementBenefitBalance c/d

275, 00015, 00034, 0004, 000

437, 000765, 000

7.19 Example 11:Let us assume that you were appointed only as a Solicitor to the Trust just considered above (that is, they are your client); and that the various payments were made by you on behalf of the Trustees. The entries in your books will be as follows:

DR V. A. ODEDINA “CLEINT ACCOUNT” CASH ACCOUNT CR DATE PARTICULARS AMOUNT DATE PARTICULARS AMOUNT

N N1/1/8631/12/85

Deaf Children’s FundInterest Received

Balance b/d

750, 000

15, 000

765, 000

437, 000

Medical Bill

Admin. ExpensesWages & SalariesStaff RetirementBenefitBalance c/d

275, 000

15, 00034, 0004, 000

437, 000765, 000

DR CLIENTS LEDGER (DEAF CHILDREN’S FUND) CR DATE PARTICULARS AMOUNT

NDATE PARTICULARS AMOUNT

N1/1/86 Medical Bill

Admin. ExpensesWages & SalariesStaff RetirementBenefitBalance c/d

275, 000

15, 00034, 0004, 000

437, 000765, 000

CashInterest Received

Balance b/d

750, 00015, 000

765, 000437, 000

7.20 A Legal Practitioner is not interested in any cumbersome methods of book-keeping. The use of Journals Day Books or others like them are not useful to a Legal Practitioner. In a Solicitor-client relationship, the fees payable by the client are known quite in advance and agreement reached on payment. A legal practitioner is entitled to demand payment of his fees before the beginning of completion of a client's work, because of the provision of section 16(2) of the Legal PractitionerAct, prohibiting the legal practitioner from taking or commencing any legal action to recover his charges, unless certain conditions are fulfilled.See D.A.S. OLORUNFEMI, S.F. OGBE v. N.N.P.C (1980) 4-7/CCHC/93. The provision of section 16 of the Legal Practitioner Act 1975 enjoined a Legal Practitioner to issue out to his client(s) a "Bill of Charge" (See Appendix "B") for the work done or to be done on

behalf of the client and the type books of account that will be maintained by the legal practitioner in compliance with Legal practitioners account Rules of 1964. Where the use of Bills of Charge "or" bill of Costs" is fully operational in chamber, then the legal practitioner (s) may only require the use of the LOOSE- LEAF LEDGERS for the recording of all monetary transaction between him and his clients.

7.21 LOOSE- LEAF LEDGERS consist of sheets ruled like the pages of an ordinary bound ledger, such sheets being inserted or extracted from an expanding binder as and when required. A certain number of sheets are printed and numbered; and a register is kept by the· Legal Practitioner (or the Principal in the case of a Partnership) which shows when and to whom they were issued.The sheets may be arranged alphabetically - AI, A2, A3, etc. B1, B2, B3 etc C1, C2,C3, etc, and the number 4 given to a client when or after he had briefed the chambers and a file has been opened or created for the client. The number allocated to each client must always appear as parent of the reference number in any subsequent correspondence or Bills drawn on the particular client. Thus, supposesMr. James Chukwedo is the 15th client the sheet column will be C15 and this must always be made to appear on the Ledger sheet(s) of Mr. James Chukwedo's account, and if further sheets are used they will be numbered C 15/2 etc.The ledger sheets should be kept in two distinct binders or holders, one of live or current accounts and the other for dead or closed accounts. This if the transaction is a changed one, the client's account, when paid is transferred to the close section, if it is followed later by further transactions, the account is transferred to the current section.

CARD LEDGERS are exactly the same principle as the Loose-Leaf Ledgers, except that Card drawers are generally kept in special tray or drawer. Both the loose leaf binder and the card trays or drawers are generally fitted with patent looking devices, the keys of which can be kept by the Account Executive of the Chief Clerk or the Legal Practitioner himself or the Principal Partner in the case of partnership.(a) The advantages to be gained in the use of loose-leaf and Card ledgers may be summarized as follows:

i.          The current ledger (section) is not cumbered with dead or closed accounts, as later are taken out and filed separately; and neither does it contain a number blank pages;

ii.         There is no need for the use of index in order to trace the account of any client, the cards and leaves being arranged alphabetically.

iii.       The labor of making new indexes and opening entirely new ledger is dispensed with.iv.      The ledgers are continuous or "perpetual" particularly where the legal practitioner is

"retained" by the client i.e. the legal practitioner holds the 'retainership fee’.

v.        The work of posting, rendering statements or taking out balances can be performed much more quickly, especially where the work is being performed by the legal practitioner himself;

vi.      It makes the account neat and continuous, not scattered over many pages of the ledger and frequently necessitating much backward and forward reference when the account is one of any extent; and

vii.     When an account is the subject of litigation or inspection by the Bar Council, to produce a few loose leaves of cards instead of bound books will obviously be to the advantage of the court, the council and the Litigant.

(b) The following disadvantages may be stated against the use of loose-leaves and card ledgers:-

(i) The cards or leaves may be accidentally or willfully lost or destroyed, particularly when they are kept by staff (and not by the legal practitioner himself).

(ii) In the same way, fresh cards or leaves may be fraudulently substituted for others in order to commit or conceal fraud

7.23 "SLIP" SYSTEMMention should be made here of a system which seems to be more suitable to the form of legal practice in this country where individual practice is more common and convenient than the formation of big partnership as practiced in other parts of the world.Under the ordinary system of book-keeping, transactions are recorded in books of original entry, e.g. Journal, Day books, Sale Day Book, Purchase Books, etc, and the transactions have to be copied in to the ledger. The copying process has to be continued in other books according to the complexity of the translations and the requirements of the business itself.The "SLIP" system is really a reintroduction of the earliest methods of "book keeping without books', that is, a recording on loose sheets of paper of translations usually entered in subsidiary books. In its widest sense the term "Slip system" includes both the loose-leaf and card ledgers. The object of the slip system is to do away with the constant re-copying by making the original record serve all the purpose of book keeping. Thus, a carbon copy of an invoice may serve the purpose of both day book and ledger account. The counterfoils of receipts and cheques may be posted directly to the ledger account affected, thereby avoiding the copying into the cash book, and the subsequent copying from there into the ledger.Naturally, there are many variations of details in practice, a constant compromise, so to speak, between principle and convenience. So, as to the choice of the type of method to be adopted for use by the legal practitioners in the firm of partnership etc. for the

general Cash Book, it will no doubt be found desirable to retain the ordinary bound form of book. But where numerous subsidiary cash book are in use, a great deal of saving of labor may be affected by the adoption of the slip system.Where it is desired to make the original slip e.g. Duplicate, Receipt or counterfoils of chubs serve all the purpose of book-keeping, the "slip" will normally have been in order of date of issue, but otherwise, it should be sorted out alphabetically and placed in separate files or drawers. It means therefore that the personal account of each client will consist of loose slips. In trading businesses, when translations are settled, the slips are removed to another set of files or drawers.The slip system is suitable in business or chambers where the numbers of clients are chance and not regular ones. Except in "retainership" most clients are chance clients whose files will normally be closed at the end of each transaction or case, and may never be looked-up again except for reference purposes.It may also be used in business where the accounts are normally on cash basis.The Solicitor - Client relationship is indeed on cash basis, though certain client may be given period of time to pay or balance up. The advantages of this method are:

(a) It is absolutely direct, there being no intermediate entry between the original slip(e.g.) receipts, cheques) and the ledger; and

(b) It obviates the risk of error arising from copying one book into another.

As indicated above, when a client briefs you or your chambers and the fees are agreed, you should generally 'mark' you brief(s), showing clearly the amount of fee agreed to be paid or paid. When payment is made, you should issue a receipt to the client and make a note of the payment immediately on the brief for your Account staff so that the appropriate entry can be made in the legal practitioner, the counterfoils of the Receipts issued out to clients will serve the 'slip system' and from there the relative accounts can be made up at the end of the day, or week or month or quarter, or year. The earlier the necessary entries are made, the better they are. And by so doing, errors or omissions will be minimized and balances obtained with ease. In a big partnership, Receipts are printed in triplicate, just like the Bank tellers.In which case the original will be given or held by the client, the duplicate will be sent to the accounts Executive or Accounting Office, while the triplicate will remain (serially) in the booklet and kept with the Legal practitioner or the principal partner and with which the auditing or cross- checking can be done with those of the Accounting Executive or Officer at the end of the day, week or month, or as the case may be. The Accounting Officer will write up his books with the duplicate copies of the Receipts or Bills or Charge (which is equally printed in triplicates) in his possession and at the end of the accounting period, the balances will be extracted into the "TRIAL BALANCE" before the profit and

loss account for the years is drawn together with the Balance Sheet. Where "Bills or Charge" is printed or made out in triplicate copy will be sent to the Accounting Officer and the triplicate copy will remain in the appropriate file of the client. When Bill is paid it should be so marked as 'PAID" and the relevant matter may be regarded as closed as the case may be.

BILL OF CHARGES A legal practitioner is expected to charge fees for work done except where he does free legal work for those who cannot afford it. RETAINERSHIP This is payment made to the legal practitioner by a client. It could be general or special. General retainer exists where a legal practitioner is instructed to handle all problems in an area of law or on every area of law, during an agreed period of time. Under the general retainer, the legal practitioner is precluded from accepting to advice in or appear in any proceedings detrimental to the interest of the client paying the retainer during that period. Special retainer exists where the legal practitioner is instructed to handle a single matter e.g. where a legal practitioner is instructed to represent a client in a lease transaction, to draft the lease agreement and obtain Governor's consent.

CHARGING FEES A legal practitioner cannot charge arbitrary fees. He must charge fees according to the provisions of the law. The fees a legal practitioner can charge are regulated by the Legal Practitioners Act 1975 and the Rules of Professional Conduct. The Legal Practitioners Remuneration Committee is empowered by section 15 Legal Practitioners Act 1975 to make orders regulating fees of legal practitioners. In furtherance of the power, the committee passed the Legal Practitioners (Remuneration for Legal Documentation and Other Land Matters) Order 1991. The Order contains remuneration of legal practitioners in-land matters and other legal documentation matters.

TYPES OF LEGAL WORK 1.        Contentious work 2.        Non-contentious work

The guidelines for charging for these types of work are laid down in Rule 44(b) Rules of Professional Conduct.  

TYPES OF FEES 1.          Scale fee 2.          Fixed fee

  3.          Appearance fee   4 Hourly rate fee

  5.          Percentage fee   6 .         Contingent fee A legal practitioner should always prepare a bill of charges to be delivered to the client for every work done. This should also be done promptly to avoid cash flow problems. Such bill of charges must be drawn up according to law and must contain the statutory requirements. The bill of charges form should be pre-printed and should contain some information on the legal practitioner's letterhead - the name, address, space for date, telephone, etc. The LPA 1975 provides that a bill of charges must contain the following:

a.          Principal items to be charged b.          Particulars of the principal items c.          Date on which the principal items were incurred d.          Signature of the legal practitioner issuing the bill on behalf of the firm.

A bill of charges should also contain a.          Date on which it was issued b.          Matter to which it relates; and c.          Name of client to whom the bill is being issued.

See RE A SOLICITOR (1955) 2 ALL ER 283, NATIONAL ELECTRIC POWER AUTHORITY V OYEKANMI (1992) 4 NWLR (PT. 237) 636.

RECOVERY OF CHARGES A legal practitioner can sue a client who has refused to pay the bill of charges presented to him. See S 16(2)(A) Legal Practitioners Act  1975. See BAKARE V OKENLA (1968) 5 NSCC 245 OCEAN STEAMSHIP (NIGERIA) LTD v. SOTUMINU (1997) 2 NWLR (PT. 487) 284 . ABUBAKAR v. MANULU (1998) 10 NWLR (PT 568)41, Rondel v. Worsley (1966) 3 WLR 950)

TAXATION OF CHARGES See SOBODU v. DENLOYE (1998) 12 NWLR (PT 578) 341. ABURIME V NIGERIAN PORTS AUTHORITY (1974) 4 S.C. 111

CAP. L10_______________ Legal Education (Consolidation, etc.) Act._____________________

CHAPTER L10LEGAL EDUCATION (CONSOLIDATION, ETC) ACT

ARRANGEMENT OF SECTIONS

1. Establishment and functions of the Council of Legal Education. 2. Composition, etc., of the Council. 3. Additional functions of the Council. 4. Power of Minister to give directions to the Council. 5. Qualifying certificates. 6. Staff. 7. Application of the Pensions Act, etc. 8. Expenses. 9. Disposal of fees collected by the Council. 10. Short title and repeal, etc.

___________________________________

CHAPTER L10LEGAL EDUCATION (CONSOLIDATION, ETC.) ACT

An Act to re-enact the Legal Education Act 1962 as amended up to date and to introduce new provisions relative to the composition of the Council of Legal Education and the appointment of the Director-General of the Nigerian Law School.[1962 No. 12. 1966 No. 23. 1967 No. 29. 1976 No. 13. 1977 No. 10. 1985 No. 34.][8th March, 1976]

[Commencement.]

1.   Establishment and functions of the Council of Legal Education(1)  There shall be a body to be known as the Council of Legal Education (in this Act referred to as “the Council”) which shall be a body corporate with perpetual succession and a common seal.(2)  The Council shall have responsibility for the legal education of persons seeking to become members of the legal profession.2.   Composition, etc., of the Council(1)  The Council shall consist of—

(a) a chairman to be appointed by the President on the recommendation of the Attorney-General of the Federation;(b) Attorneys-General of the States or, where there are no Attorneys-General, the Solicitors-General of the States;(c) a representative of the Federal Ministry of Justice to be appointed by the Attorney-General of the Federation;(d) the head of the faculty of law of any recognised university in Nigeria whose course of legal studies is approved by the Council as sufficient qualification for admission to the Nigerian Law School;(e) the President of the Nigerian Bar Association;(f) fifteen persons entitled to practice as legal practitioners in Nigeria of not less than ten years’ standing and selected or elected by the Nigerian Bar Association;(g) the Director-General of the Nigerian Law School; and(h) two persons who must be authors of published learned works in the field of law, to be appointed by the Attorney-General of the Federation.(2)  A person appointed as chairman of the Council shall, unless he previously resigns or is removed from office, hold office for four years and shall on ceasing to hold office be eligible for re-appointment.(3)  A person appointed a member of the Council pursuant to paragraph (h) of subsection (1) of this section shall, unless he previously resigns or is removed from office, hold office for four years and shall on ceasing to hold office be eligible for re-appointment.(4)  The quorum of the Council shall be ten and the Council may regulate its own procedure; and the validity of any proceedings of the Council shall not be affected by any defect in the appointment of any member, or by reason that a person not entitled to do so took part in the proceedings.(5)  The Council shall have power to do such things as it considers expedient for the purpose of performing its functions, but no remuneration shall be paid to any member of the Council in respect of his office.

3.   Additional functions of the CouncilThe Council shall in addition to the function conferred on it by section 1 (2) of this Act have responsibility for those matters in respect of which, before the commencement of this Act, the Nigerian Institute for Continuing Legal Education had responsibility.

4.   Power of Minister to give directions to the CouncilSubject to this Act, the Attorney-General of the Federation may give the Council directions of a general character with regard to the exercise by the Council of its

functions and it shall be the duty of the Council to comply with such directions.

5.   Qualifying certificates(1)  A person shall be entitled to have a qualifying certificate issued to him by the Council stating that he is qualified to be called to the Bar if—(a) he is a citizen of Nigeria; and(b) he has, except where the Council otherwise directs, successfully completed a course of practical training in the Nigerian Law School which (including the time spent in taking the examination at the end but excluding any interval between the conclusion of the examination and the announcement of the results thereof) lasted for a period fixed by the Council as an academic year.(2)  Notwithstanding the provisions of subsection (1) of this section, a person may be entitled to have a qualifying certificate issued to him by the Council stating that he is qualified to be called to the Bar if—(a) he is a non-citizen of Nigeria; and(b) he has, except where the Council otherwise directs, successfully completed a course of practical training in the Nigerian Law School which (including the time spent in taking the examination at the end but excluding any interval between the conclusion of the examination and the announcement of the results thereof) lasted for a period fixed by the Council as an academic year.[1992 No. 8.]

6.   Staff(1)  Without prejudice to section 2 (5) of this Act, the Council may appoint such officers and servants as are deemed necessary by the Council for the proper discharge of its functions under this Act, upon such terms and conditions of service as the Council may determine:Provided that rates and scales of salary and other emoluments relating to any such appointment or employment shall be comparable with those prevailing in Nigerian universities.(2)  No person shall be appointed as Director-General of the Nigerian Law School unless—(a) he is the holder or a former holder of the office of a professor in a faculty of law in a Nigerian university; or(b) he is a holder of such qualification as are required for appointment as a professor in a faculty of law in a Nigerian university; or(c) he is a legal practitioner who has on the date of application, or had at any time prior to that date, been in active legal practice for not less than ten years.

7.   Application of the Pensions Act, etc.(1)  The Federal Civil Service Commission may by order published in the Federal Gazette declare the office of any officer or servant appointed by the Council under this Act a pensionable office for the purposes of the Pensions Act.[Cap. P4.](2)  Subject to subsections (3) and (4) of this section, the Pensions Act shall in its applications by virtue of subsection (1) of this section to any office, have effect as if the office were in the public service of the Federation within the meaning of the Constitution of the Federal Republic of Nigeria.(3)  For the purposes of the application of the Pensions Act in accordance with subsection (2) of this section—(a) paragraph (1) of section 7 of that Act (which confers power to waive the requirement to give notice of desire to retire) shall have effect as if for the references to the Minister there were substituted reference to the Council;(b) the power under section 9 (1) of the Act to require an officer to retire at any time after attaining the age of 45 shall be exercisable by the Council and not by any other authority.(4)  Nothing in the foregoing provisions shall prevent the appointment of a person to any office on terms which preclude the grant of a pension or gratuity in respect of service in that office.(5)  Any order made under the Legal Education (Pensions) Act, 1965 in respect of offices constituted by the Council before the commencement of this Act shall continue to have effect in accordance with its terms as if made by the Commission in exercise of powers conferred by this section.[1965 No. 34.]

8.   Expenses(1)  There shall be paid to the Council out of moneys provided by the Federal Government such sums by way of grant or loan as the Federal Government may from time to time determine.(2)  Any loan to the Council of moneys provided by the Federal Government shall be made on such terms as may be determined by the Minister in the Government of the Federation responsible for finance.(3)  The said Minister shall make regulations as to the keeping of accounts and records by the Council or by an officer of the Council, with respect to sums paid to the Council out of moneys provided by the Federal Government and fees collected by the Council

from students of the Nigerian Law School, and as to audit of the accounts; and the regulations shall provide for the submission in every year of a copy of the accounts to the President.

9.   Disposal of fees collected by the CouncilAll fees collected by the Council from the students of the Nigerian Law School shall be paid into the Treasury of the Government of the Federation and shall form part of the Consolidated Revenue Fund of the Federation.

10.   Short title and repeal, etc.(1)  This Act may be cited as the Legal Education (Consolidation, etc.) Act.(2)  The Legal Education Act 1962 is hereby repealed and the following other enactments, that is to say—[1962 No. 12.](a) the Legal Education (Pensions) Act 1965;[1965 No. 34.](b) the Legal Education (Amendment) Act 1970;[1970 No. 62.](c) the Legal Education (Amendment) Act 1973; and[1973 No. 37.](d) the Legal Education (Amendment) Act 1974,[1974 No. 37.]are also hereby, consequentially, repealed.(3)  The repeal of the enactments specified in subsection (2) of this section shall not affect any rules, orders, regulations or other instruments made under any of the enactments repealed and such rules, orders, regulations or other instruments shall continue to have effect as if made under the corresponding provisions of this Act. SUBSIDIARY LEGISLATION:PENSIONABLE OFFICES (NIGERIAN LAW SCHOOL) ORDER L.N. 70 1966 COMMENCEMENT 1ST JUNE 1962 Short Title1. This Order may be cited as the Pensionable Offices (Nigerian Law School) Order 1966Declaration of pensionable offices Cap. 346 2. The offices specified in the first column of the Schedule hereto are declared to be pensionable offices for the purposes the Pensions Act, with effect from the dates specified in the second Schedule of the said Schedule

SCHEDULE OFFICES OF THE NIGERIAN LAW SCHOOL DECLARED TO BE PENSIONABLE OFFICE EFFECTIVE DATE Deputy Director 1st April 1965 Secretary to the Council of Legal Education 1st October1963 Lecturer 1st December 1962 Librarian 2nd January 1963 Personal Secretary 7th December 1962 Executive Officer 27th September 1962 Executive Officer (Accounts) 1st May 1963 Assistant Executive Officer 3rd August 1964 Secretary-Typist 17th February 1964 First Class Clerk 1st April 1964 Third Class Clerk 30th September 1962 Stenographer 1st April 1963 Storekeeper 5th November 1965 Clerical Assistant 15th November 1965 Telephone Operator 15th May 1963 Typist 3rd September 1962PENSIONABLE OFFICES (NIGERIAN LAW SCHOOL) ORDER L.N. 25 1971 COMMENCEMENT 3rd April 1971Declaration of pensionable offices Cap. 346 3. The offices specified in the first column of the Schedule hereto are declared to be pensionable offices for the purposes the Pensions Act, with effect from the dates specified in the second Schedule of the said ScheduleShort Title4. This Order may be cited as the Pensionable Offices (Nigerian Law School) Order 1971SCHEDULE OFFICES OF THE NIGERIAN LAW SCHOOL DECLARED TO BE PENSIONABLE OFFICE EFFECTIVE DATE Director of the Nigerian Law School 2nd August 1966 Senior Lecturer 1st April 1967 Higher Executive Officer 1st April 1967 Assistant Executive Officer (Accounts) 1st April 1967 Assistant Executive Officer (Office Management) 1st April 1969 Library Officer 1st April 1967 Executive Officer (Internal Audit) 1st April 1969 Assistant Catering Supervisor 1st April 1969 Warden 1st April 1969Assistant Executive Officer (Audit) 1st April 1970

Assistant Librarian 1st April 1970 House Supervisor 1st April 19631 Amendment - LEGAL EDUCATION (CONSOLIDATION, ETC.) (AMENDMENT) DECREE No. 8 1992

LEGAL PRACTITIONERS ACT CAP. 207 LFN 1990 ACT CAP L11 L.F.N. 2004 AND SUBSIDIARY LEGISLATION

1        BODY OF BENCHERS REGULATIONS

2        CONSTITUTION OF THE NIGERIAN BAR ASSOCIATION

 

3        ENTITLEMENT TO PRACTICE AS BARRISTERS AND SOLICITORS (FEDERAL OFFICERS) ORDER

4        ENTITLEMENT TO PRACTICE AS BARRISTERS AND SOLICITORS (FEDERAL ROAD SAFETY COMMISSION) (LEGAL OFFICERS) ORDER [S.I. 2 of 1997.

5        ENTITLEMENT TO PRACTICE AS BARRISTERS AND SOLICITORS (FEDERAL HOUSING AUTHORITY) (LEGAL PRACTITIONERS) ORDER S.I.9 of 1995.

6        STANDING ORDERS OF THE GENERAL COUNCIL OF THE BAR

7        LEGAL PRACTITIONERS (SPECIAL FACILITIES TO PRACTICE IN NIGERIA) REGULATIONS

8        SENIOR ADVOCATES OF NIGERIA (PRIVILEGES AND FUNCTIONS) RULES

9        LEGAL PRACTITIONERS (REMUNERATION FOR LEGAL DOCUMENTATION AND OTHER LAND MATTERS) ORDER S.I. 7 1991

10    LEGAL PRACTITIONERS (DISCIPLINARY COMMITTEE) RULES 2006

11    NIGERIA SOCIAL INSURANCE TRUST FUND (LEGAL OFFICERS)   (ENTITLEMENT TO PRACTICE AS BARRISTERS AND SOLICITORS)   S.I. 17 ORDER 2001

12    NATIONAL HOSPITAL, ABUJA (LEGAL OFFICERS)   (ENTITLEMENT TO PRACTICE AS BARRISTERS AND SOLICITORS)   S.I. 5 ORDER 2003

13    NIGER - DELTA DEVELOPMENT COMMISSION (LEGAL OFFICERS)   (ENTITLEMENT TO PRACTICE AS BARRISTERS AND SOLICITORS)   S.I. 8 ORDER 2003

14    LEGAL PRACTITIONERS (BAR PRACTISING FEES), NOTICE S.I. 5 of 2002.

15    ENTITLEMENT TO PRACTICE AS BARRISTERS AND SOLICITORS (NATIONAL ASSEMBLY OFFICE) (LEGAL PRACTITIONERS) ORDER S.I. 8 of 1995.

16.    RULES OF PROFESSIONAL CONDUCT FOR LEGAL PRACTITIONERS 2007

CAP. L11

CHAPTER L11LEGAL PRACTITIONERS ACT

ARRANGEMENT OF SECTIONSThe General Council of the Bar

     

ARRANGEMENT OF SECTION

1. Establishment of Bar Council.2. Entitlement to practice 3. Establishment of Body of Benchers. 4. Call to the Bar. 5. Conferment. etc., of the rank of Senior Advocate of Nigeria.

6. Privilege of law officers. 7. Enrolment. 8. Right of audience, and precedence. 9. Liability for negligence. 10. Establishment of Disciplinary Committee. 11. Penalties for unprofessional conduct, etc. 12. Establishment of Appeal Committee of the Body of Benchers, etc. 13. Disciplinary jurisdiction of the Supreme Court. 14. Restoration of names to roll, etc.

Remuneration of practitioners

15. Scales of charges. 16. Recovery of charges, etc. 17. Applications for taxation of charges. 18. Taxation. 19. Supplementary provisions as to remuneration.

Safeguards for clients, etc.

20. Accounts and records for clients’ moneys. 21. Special provisions as to client accounts with banks.

General

22. Offences. 23. Miscellaneous supplementary provisions. 24. Interpretation. 25. Short title. First Schedule Table of precedence Second Schedule Supplementary provisions as to the Disciplinary Committee

SCHEDULES

FIRST SCHEDULE

Table of precedence

SECOND SCHEDULE

Supplementary provisions as to the Disciplinary Committee

------------------------------

CHAPTER L11LEGAL PRACTITIONERS ACT

An Act to re-enact the Legal Practitioners Act 1962 as amended up to date.[1962 No. 33. 1975 No. 15. 1976 No. 29. 1977 No. 40. 1977 No. 67. 1979 No. 9. 1979 No. 75. 1988 No. 46.]

[16th May, 1975]

[Commencement.]

The General Council of the Bar

1.   Establishment of Bar Council(1)  There shall be a body to be known as the General Council of the Bar (in this Act referred to as “the Bar Council”) which shall be charged with the general management of the affairs of the Nigerian Bar Association (subject to any limitations for the time being provided by the constitution of the Association) and with any functions conferred on the Council by this Act or that constitution.(2)  The Bar Council shall consist of—(a) the Attorney-General of the Federation, who shall be the president of the Council;(b) the Attorneys-General of the States; and(c) twenty members of the Association.(3)  The persons mentioned in paragraph (c) of subsection (2) of this section shall—(a) be elected to serve on the Bar Council at elections in which all members of the Association are entitled to vote in such manner as may be provided by the constitution of the Association; and

(b) hold office for such period as may be determined by or under that constitution,and not less than seven of those persons shall be legal practitioners of not less than ten years’ standing.(4)  The quorum of the Bar Council shall be eight, and the Council may make standing orders regulating the procedure of the Council and, subject to the provisions of any such orders, may regulate its own proceedings; and no proceedings of the Council shall be invalidated by any vacancy in the membership of the Council, or by the fact that any person took part in the proceedings who was not entitled to do so.

Practice as a legal practitioner

2.   Entitlement to practice (1)  Subject to the provisions of this Act, a person shall be entitled to practice as a barrister and solicitor if, and only if, his name is on the roll.(2)  If—(a) an application under this subsection is made to the Chief Justice by or on behalf of any person appearing to him to be entitled to practice as an advocate in any country where the legal system is similar to that of Nigeria; and(b) the Chief Justice is of the opinion that it is expedient to permit that person to practice as a barrister for the purposes of proceedings described in the application,the Chief Justice may by warrant under his hand authorise that person, on payment to the Registrar of such fee not exceeding fifty naira as may be specified in the warrant, to practice as a barrister for the purposes of those proceedings and of any appeal brought in connection with those proceedings.(3)  A person for the time being exercising the functions of any of the following offices, that is to say—(a) the office of the Attorney-General, Solicitor-General or Director of Public Prosecutions of the Federation or of a State;(b) such offices in the civil service of the Federation or of a State as the Attorney-General of the Federation or of the State, as the case may be, may by order specify,shall be entitled to practice as a barrister and solicitor for the purposes of that office.(4)  A certificate signed by, or by a person authorised either generally or specially in that behalf, any of the persons mentioned in paragraph (a) of subsection (3) of this section stating that a particular individual is exercising the functions of a particular office shall, without prejudice to any other means of proof, be conclusive proof for the purposes of that subsection that the individual is exercising the functions of that office; and any document purporting to be a certificate under this subsection shall be admitted in evidence and, until the contrary is proved, be deemed to be such a certificate.

3.   Establishment of Body of Benchers(1)  There shall be a body of legal practitioners of the highest distinction in the legal profession in Nigeria to be known as “the Body of Benchers” which shall be responsible for the formal call to the Bar of persons seeking to become legal practitioners, and which shall consist of the following members, that is—(a) the Chief Justice of Nigeria and all the Justices of the Supreme Court;(b) the President of the Court of Appeal;(c) the Attorney-General of the Federation;(d) the Presiding Justices of Court of Appeal Divisions;(e) the Chief Judge of the Federal High Court;(f) the Chief Judge of the Federal Capital Territory, Abuja;(g) the Chief Judges of the States of the Federation;[1990 No. 2.](h) the Attorneys-General of the States of the Federation;[1990 No. 2.](i) the President of the Nigerian Bar Association;[1990 No. 2.](j) the Chairman of the Council of Legal Education;[1990 No. 2.](k) thirty legal practitioners nominated by the Nigerian Bar Association; and[1990 No. 2.](l) such number of persons, not exceeding ten, who appear to the Body of Benchers to be eminent members of the legal profession in Nigeria of not less than 15 years’ post-call standing.[1990 No. 2.](2)  The Body of Benchers shall be a body corporate with perpetual succession and a common seal.(3)  Except as provided under subsection (4) of this section or by regulations made under subsection (5) of this section, a Bencher shall (unless he previously vacates it) vacate his office as a Bencher if he ceases to be the holder of any office by virtue of which he was appointed a Bencher.(4)  Notwithstanding anything in subsection (3) of this section, the Chief Justice of Nigeria shall hold office as such Bencher for life.(5)  The Benchers may make regulations—(a) providing for an increase in the membership of the Body of Benchers as set out in subsection (1) of this section and the qualifications for and conditions applicable to such membership;(b) providing for the tenure of office of Benchers including the conferment of life membership on any Bencher and the circumstances in which any Bencher may become a

supernumerary Bencher;(c) providing for the appointment of persons of distinction in any country as honorary members of the Body of Benchers and the conditions applicable to such appointment;(d) providing for the composition and quorum of the Benchers for the purpose of the exercise of any of the functions conferred on the Benchers under this Act and for the determining in connection thereto of any matter which, in the opinion of the Benchers, requires to be determined; and(e) providing, either generally or in respect of any particular case, for the discharge of the functions conferred on the Benchers under this Act.(6)  Any Bencher may in such manner and subject to such procedure as may be prescribed be removed from office for misconduct or on such other ground as the Benchers may, in their discretion, determine to be sufficient.(7)  The Benchers shall meet at such times and places as may be convenient for them and may, in such manner as they think fit, prescribe the procedure for their meetings.(8)  Except as may be provided by regulations made under subsection (5) of this section, the quorum of the Benchers shall be ten.(9)  The validity of any proceedings of the Benchers shall not be affected by any vacancy in the membership of the Benchers or by any defect in the appointment of a member or by any irregularity in the proceedings of any of their meetings.(10)  For the purpose of this section—(a) “functions” includes powers and duties; and(b) “prescribed” means prescribed by regulations made by the Body of Benchers,and the operation of section 11 (2) of the Interpretation Act (which deals with references in an enactment to acting appointments) is hereby excluded.[Cap. I23.]

4.   Call to the Bar(1)  Subject to the provisions of this section, a person shall be entitled to be called to the Bar if—(a) he is a citizen of Nigeria; and(b) he produces a qualifying certificate to the Benchers; and(c) he satisfies the Benchers that he is of good character.[1992 No. 9.](2)  Notwithstanding the provisions of subsection (1) of this section, a person may also be entitled to be called to the Bar, if—(a) he is a non-citizen of Nigeria;(b) he produces a qualifying certificate to the Benchers; and(c) he satisfies the Benchers that he is of good character.[1992 No. 9.]

(3)  The Council of Legal Education may by regulations provide that the provisions of paragraph (b) of subsection (1) of this section shall not apply in such cases and on such conditions (if any) as may be specified by the regulations.(4)  The Benchers shall issue to every person called to the Bar pursuant to subsections (1) and (2) of this section, a certificate of call to the Bar which shall be in such form as the Benchers may determine.

5.   Conferment, etc., of the rank of Senior Advocate of Nigeria(1)  Subject to subsection (2) of this section, the Legal Practitioners’ Privileges Committee established under subsection (3) of this section may by instrument confer on a legal practitioner the rank of Senior Advocate of Nigeria.(2)  A person shall not be conferred with the rank of Senior Advocate of Nigeria unless he has been qualified to practice as a legal practitioner in Nigeria for not less than ten years and has achieved distinction in the legal profession in such manner as the Committee may, from time to time, determine.(3)  There shall be a committee to be called the Legal Practitioners’ Privileges Committee which shall consist of the following—(a) the Chief Justice who shall be chairman;(b) the Attorney-General of the Federation;(c) one Justice of the Supreme Court;(d) the President of the Court of Appeal;(e) five of the Chief Judges of the States;(f) the Chief Judge of the Federal High Court; and(g) five legal practitioners who are Senior Advocates of Nigeria.(4)  The members of the committee under paragraphs (c), (e), and (g) of subsection (3) of this section shall be appointed by the Chief Justice of Nigeria in consultation with the Attorney-General of the Federation.(5)  Members of the committee under paragraphs (c), (e) and (g) of subsection (3) of this section shall hold office for two years after which they shall be eligible for re-appointment for one further term of two years only.(6)  The Legal Practitioners’ Privileges Committee may act notwithstanding any vacancy in its membership.(7)  The Legal Practitioners’ Privileges Committee may, with the approval of the Body of Benchers, make rules as to the privileges to be accorded to Senior Advocates of Nigeria, as to the functions of a legal practitioner, which are not to be performed by a Senior Advocate of Nigeria, as to the mode of appearance before courts by a Senior Advocate of Nigeria, and generally, but without prejudice to the foregoing, for ensuring the dignity of the rank of Senior Advocate of Nigeria.(8)  Until the first rules made in pursuance of subsection (7) of this section come into

force, a Senior Advocate of Nigeria shall not be entitled to engage in practice as a member of the legal profession otherwise than as a barrister, but nothing in this subsection shall be construed as precluding a Senior Advocate of Nigeria from entering into, or continuing in partnership with a legal practitioner who is not a Senior Advocate of Nigeria.

6.   Privilege of law officers(1)  Notwithstanding any other provision of this Act but subject as provided in section 8 (4) and the First Schedule hereto, all courts of law in Nigeria before which legal practitioners are entitled to appear shall accord to every law officer specified in this section, the following rights and privileges, that is to say—(a) the exclusive right to sit in the inner bar or, where no facilities exist for an inner bar, on the front row of seats available for legal practitioners; and(b) the right to mention any motion in which he is appearing or any other cause or matter which is on the list for mention and not otherwise listed for hearing out of its turn on the cause list.(2)  The law officers to whom this section applies are the Attorney-General of the Federation, the Attorney-General of any State in the Federation and the Solicitor-General of the Federation.(3)  The rights and privileges conferred on the law officers by subsection (1) of this section shall also be accorded to only Life Members of the Body of Benchers.[1992 No. 77.]

7.   Enrolment(1)  Subject to the provisions of this section, a person shall be entitled to have his name enrolled if, and only if—(a) he has been called to the Bar by the Benchers; and(b) he produces a certificate of his call to the Bar to the Registrar.(2)  The Attorney-General may, after consultation with the Bar Council, by regulations provide for the enrolment of the names of persons who are authorised by law to practice as members of the legal profession in any country where, in his opinion, persons whose names are on the roll are afforded special facilities for practising as members of that profession; and, without prejudice to the generality of the power conferred by the foregoing provisions of this subsection, the regulations may—(a) require persons seeking enrolment by virtue of the regulations to pass such examinations and to pay such fees as may be specified by or under the regulations;

(b) provide for the cancellation of enrolments having effect by virtue of the regulations where, in the opinion of the Attorney-General, the facilities aforesaid are altered or withdrawn.(3)  Except in pursuance of a direction given under the following provisions of this Act by the Supreme Court or by the disciplinary committee established under those provisions, a person whose name has been struck off the roll in pursuance of a direction given either before or after the commencement of this Act by that court or in pursuance of a direction of the Disciplinary Committee, shall not be entitled to have his name enrolled again.

8.   Right of audience, and precedence(1)  Subject to the provisions of the next following subsection and of any enactment in force in any part of Nigeria prohibiting or restricting the right of any person to be represented by a legal practitioner in proceedings before the Supreme Court or the Sharia Court of Appeal or any area or customary court, a legal practitioner shall have the right of audience in all courts of law sitting in Nigeria.(2)  No legal practitioner (other than such a person as is mentioned in subsection (3) of section 2 of this Act) shall be accorded the right of audience in any court in Nigeria in any year, unless he has paid to the Registrar in respect of that year, a practising fee as is from time to time prescribed by the Attorney-General of the Federation after consultation with the association.[1999 No. 31.](3)  The Registrar shall—(a) issue to every person by whom a practising fee is paid in respect of any year a receipt for the fee in the prescribed form; and(b) as soon as reasonably practicable after the end of January in each year and thereafter from time to time during the year as he considers appropriate cause to be printed in the prescribed form and put on sale a list or supplementary list of the legal practitioners by whom practising fees have been paid in respect of that year; and(c) pay over to the Association as soon as may be after the end of each year a sum equal to nine tenths of the aggregate amount of the practising fees received by him in pursuance of this section during the year,and a receipt purporting to be issued and list purporting to be printed in pursuance of this subsection in respect of any year shall be evidence that the person named in the receipt or, as the case may be, that any person named in the list has paid to the Registrar the practising fee in respect of that year.(4)  Legal practitioners appearing before any court, tribunal or a person exercising jurisdiction conferred by law to hear and determine any matter (including an arbitrator) shall take precedence among themselves according to the table of precedence set out in

the First Schedule to this Act.[First Schedule.]

9.   Liability for negligence(1)  Subject to the provisions of this section, a person shall not be immune from liability for damage attributable to his negligence while acting in his capacity as a legal practitioner, and any provision purporting to exclude or limit that liability in any contract shall be void.(2)  Nothing in subsection (1) of this section shall be construed as preventing the exclusion or limitation of the liability aforesaid in any case where a legal practitioner gives his services without reward either by way of fees, disbursements or otherwise.(3)  Nothing in subsection (1) of this section shall affect the application to a legal practitioner of the rule of law exempting barristers from the liability aforesaid in so far as that rule applies to the conduct of proceedings in the face of any court, tribunal or other body.

10.   Establishment of Disciplinary Committee(1)  There shall be a committee to be known as the Legal Practitioners’ Disciplinary Committee (in this Act referred to as “the Disciplinary Committee”) which shall be charged with the duty of considering and determining any case where it is alleged that a person whose name is on the roll has misbehaved in his capacity as a legal practitioner or should for any other reason be the subject of proceedings under this Act.(2)  The Disciplinary Committee shall consist of—(a) the Attorney-General of the Federation, who shall be chairman;(b) the Attorneys-General of the States in the Federation;(c) twelve legal practitioners of not less than ten years’ standing appointed by the Benchers on the nomination of the Association.(3)  The provisions of the Second Schedule to this Act shall have effect in relation to the Disciplinary Committee.[Second Schedule.]

11.   Penalties for unprofessional conduct, etc.(1)  Where—(a) a person whose name is on the roll is judged by the Disciplinary Committee to be

guilty of infamous conduct in any professional respect; or(b) a person whose name is on the roll is convicted, by any court in Nigeria having power to award imprisonment, of an offence (whether or not an offence punishable with imprisonment) which in the opinion of the Disciplinary Committee is incompatible with the status of a legal practitioner; or(c) the Disciplinary Committee is satisfied that the name of any person has been fraudulently enrolled,the Disciplinary Committee, may, if it thinks fit, give a direction—(i) ordering the Registrar to strike that person’s name off the roll; or(ii) suspending that person from practice by ordering him not to engage in practice as a legal practitioner for such period as may be specified in the direction; or(iii) admonishing that person,and any such direction may, where appropriate, include provision requiring the refund of moneys paid or the handing over of documents or any other thing as the circumstances of the case may require.(2)  Where a person whose name is on the roll is judged by the Disciplinary Committee to be guilty of misconduct not amounting to infamous conduct which, in the opinion of the Disciplinary Committee, is incompatible with the status of a legal practitioner, the Disciplinary Committee may, if it thinks fit, give such a direction as is authorised by paragraph (c) (ii) or (iii) of subsection (1) of this section; and any such direction may, where appropriate, include provision requiring the refund of moneys paid or the handing over of documents or any other thing, as the circumstances of the case may require.(3)  The Disciplinary Committee may, if it thinks fit, defer or further defer its decision as to the giving of a direction under subsections (1) and (2) of this section until a subsequent meeting of the Committee; but no person shall be a member of the Disciplinary Committee for the purposes of reaching a decision which has been deferred or further deferred unless he was present as a member of the Committee when the decision was deferred.(4)  It shall be the duty of the Bar Council to prepare, and from time to time revise, a statement as to the kind of conduct which the Council considers to be infamous conduct in a professional respect, and the Registrar shall send to each person whose name is on the roll and whose address is shown in the records of the Supreme Court relating to legal practitioners, by post to that address, a copy of the statement as for the time being revised; but the fact that any matters are not mentioned in such a statement shall not preclude the Supreme Court or the Disciplinary Committee from adjudging a person to be guilty of infamous conduct in a professional respect by reference to such matters.(5)  For the purposes of subsection (1) of this section, a person shall not be treated as convicted as mentioned in paragraph (b) of that subsection unless the conviction stands at a time when no appeal or further appeal is pending or may (without extension of time) be brought in connection with the conviction.

(6)  When the Disciplinary Committee gives a direction under subsection (1) or subsection (2) of this section, the Disciplinary Committee shall cause notice of the direction to be served on the person to whom it relates.(7)  The person to whom such a direction relates may, at any time within 28 days from the date of service on him of notice of the direction, appeal against the direction to the Appeal Committee of the Body of Benchers established under section 12 of this Act; and the Disciplinary Committee may appear as respondent to the appeal and, for the purpose of enabling directions to be given as to the costs of the appeal and of proceedings before the Disciplinary Committee, shall be deemed to be a party thereto whether or not it appears on the hearing of the appeal.(8)  A direction of the Disciplinary Committee under subsection (1) or (2) of this section shall take effect—(a) where no appeal under this section is brought against the direction within the time limited for the appeal, on the expiration of that time;(b) where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal;(c) where such an appeal is brought and is not withdrawn or struck out as aforesaid, if and when the appeal is dismissed,and shall not take effect except in accordance with the foregoing provisions of this subsection.(9)  Where a direction is given under subsection (1) or (2) of this section for the refund of moneys paid or the handing over of documents or any other thing and within 28 days of the date of the direction (or where an appeal is brought, on the dismissal of the appeal) the legal practitioner fails to comply with the direction, the Disciplinary Committee may deal with the case as one involving misconduct by the legal practitioner in his professional capacity.

12.   Establishment of Appeal Committee of the Body of Benchers, etc.(1)  There shall be a committee to be known as the Appeal Committee of the Body of Benchers (in this Act referred to as “the Appeal Committee”) which shall be charged with the duty of hearing appeals from any direction given by the Disciplinary Committee.(2)  The Appeal Committee shall consist of the following seven members of the Body of Benchers, as may be appointed by the Body of Benchers from time to time, that is—(a) as chairman, a Bencher, who is a member of the Body of Benchers other than by virtue of section 3 (1) (g) of this Act;(b) two Attorneys-General in the Federation;(c) two Judges of the High Court of any State; and(d) two members of the Association.

(3)  On any appeal against a direction of the Disciplinary Committee, the Appeal Committee may allow or dismiss the appeal in whole or in part, and if it is of opinion that any direction given by the Disciplinary Committee should not have been given or that a different direction should have been given by the Disciplinary Committee (whether more or less severe), the Appeal Committee shall revoke the direction of the Disciplinary Committee or, as the case may be, substitute therefore such direction as it thinks ought to have been given, being a direction which, under section 11 of this Act, could lawfully have been given by the Disciplinary Committee.(4)  The Appeal Committee shall cause notice of any direction given by it under this section to be served on the person to whom it relates.(5)  The person to whom such a direction relates may, at any time within 28 days from the date of service on him of the notice of the direction, appeal against the direction to the Supreme Court; and the Appeal Committee may appear as respondent to the appeal and, for the purpose of enabling directions to be given by the Supreme Court as to costs of the appeal before that court and of proceedings before the Disciplinary Committee, the Appeal Committee shall be deemed to be a party to the appeal before the Supreme Court, whether or not it appears on the hearing of that appeal.(6)  A direction of the Appeal Committee under subsection (3) of this section shall take effect—(a) where no appeal under this section is brought against the direction within the time limited for the appeal, on the expiration of that time;(b) where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal;(c) where such an appeal is brought and is not withdrawn or struck out as aforesaid, if and when the appeal is dismissed,and shall not take effect except in accordance with the foregoing provisions of this subsection.(7)  Subject to this Act, the Body of Benchers may make rules prescribing the procedure to be followed in the conduct of appeals before the Appeal Committee.

13.   Disciplinary jurisdiction of the Supreme Court(1)  Where it appears to the Supreme Court that a person whose name is on the roll has been guilty of infamous conduct in any professional respect with regard to any matter of which the court or any other court of record in Nigeria is or has been seised, the Supreme Court may if it thinks fit, after hearing any representations made and evidence adduced by or on behalf of that person and such other persons as the court considers appropriate, give such a direction as is mentioned in subsection (1) of section 11, and the direction shall take effect forthwith; and except in the case of an admonition the court shall cause

notice of the direction to be published in the Federal Gazette.(2)  Where it appears to the Chief Justice that a legal practitioner should be suspended from practice, either with a view to the institution against him of proceedings under this Act before the Disciplinary Committee or while any such proceedings are pending, the Chief Justice may if he thinks fit, after affording the practitioner in question an opportunity of making representations in the matter, give such direction as is authorised by paragraph (ii) of subsection (1) of section 11; and in deciding whether to give such a direction in consequence of the conviction of a legal practitioner, the Chief Justice shall be entitled to disregard the provisions of subsection (5) of that section.

14.   Restoration of names to roll, etc.(1)  Where either before or after the commencement of this Act the name of any person has been struck off the roll or a person has been or is deemed to have been suspended from practice, he may, subject to the provisions of subsection (2) of this section, make an application for the restoration of his name to the roll or the cancellation of the suspension—(a) if the striking off or suspension was ordered by the Chief Justice or the Supreme Court, to that court; and(b) in any other case, to the Disciplinary Committee.(2)  A direction under subsection (1) of section 11 of this Act or subsection (1) of section 13 of this Act may prohibit an application under subsection (1) of this section until the expiration of the period specified in the direction; and where such an application is duly made to the Supreme Court or the Disciplinary Committee, the court or Disciplinary Committee may direct that no further application shall be made under subsection (1) of this section until the expiration of the period specified in the direction under this subsection.Remuneration of practitioners

15.   Scales of charges(1)  There shall be a committee, to be called the Legal Practitioners Remuneration Committee, which shall consist of—(a) the Attorney-General of the Federation, who shall be the chairman of the Committee;(b) the Attorneys-General of the States; and(c) the president of the Association and three other members of the Association.(2)  The quorum of the Committee shall be three, of whom one shall be the chairman of the Committee or some other member of the Committee nominated by him to act as

chairman of the Committee on the occasion in question.(3)  The Committee shall have power to make orders regulating generally the charges of legal practitioners and, without prejudice to the generality of that power, any such order may include provision as to all or any of the following matters, that is to say—(a) the maximum charges which may be made in respect of any transaction or activity of a description specified by the order;(b) the ascertainment of the charges appropriate for any transaction or activity by reference to such considerations as may be so specified;(c) the taking by practitioners of security for the payment of their charges and the allowance of interest with respect to the security; and(d) agreements between practitioners and clients with respect to charges.(4)  The Committee shall not make an order under this section unless they have served a copy of the proposed order on the President of the Association and have considered any representations in writing made to the Committee by the Association within the period of three months beginning with the date of service of the copy; and if the President of the Association within twenty days of the day on which an order under this section comes into force, signifies that the order be annulled it shall, except in relation to anything previously done by virtue of the order, cease to have effect on the day next following the date of the resolution and be deemed never to have had effect.(5)  Until the first order made in pursuance of this section comes into force, nothing in this section shall be construed as affecting the law in force in any part of Nigeria with respect to the remuneration of legal practitioners.

16.   Recovery of charges, etc.(1)  Subject to the provisions of this Act, a legal practitioner shall be entitled to recover his charges by action in any court of competent jurisdiction.(2)  Subject as aforesaid, a legal practitioner shall not be entitled to begin an action to recover his charges unless—(a) a bill for the charges containing particulars of the principal items included in the bill and signed by him, or in the case of a firm by one of the partners or in the name of the firm, has been served on the client personally or left for him at his last address as known to the legal practitioner or sent by post addressed to the client at that address; and(b) the period of one month beginning with the date of delivery of the bill has expired.(3)  In any case in which a legal practitioner satisfies the court, on an application made either ex parte or if the court so directs after giving the prescribed notice—(a) that he has delivered a bill of charges to a client; and(b) that on the face of it the charges appear to be proper in the circumstances; and(c) that there are circumstances indicating that the client is about to do some act which

would probably prevent or delay the payment to the legal practitioner of the charges, then, notwithstanding that the period mentioned in paragraph (b) of subsection (2) of this section has not expired, the court may direct that the legal practitioner be authorised to bring and prosecute an action to recover the charges unless before judgment in the action the client gives such security for the payment of the charges as may be specified in the direction.(4)  The court may, if it thinks fit, on the application of a client—(a) order a legal practitioner to deliver his bill of charges to the client;(b) make an order for the delivery up of, or otherwise in relation to, any documents in the control of the legal practitioner which belong to or were received by him from or on behalf of the client,and without prejudice to the generality of the powers of the court to punish for contempt or to the provisions of this Act relating to the discipline of legal practitioners, the court may punish for contempt any legal practitioner who refuses or fails to comply with an order under this subsection.(5)  The value of any consideration received by any person for anything done by a legal practitioner in his capacity as a legal practitioner shall, in so far as the value exceeds the minimum charges to which by virtue of this Act the practitioner is entitled in respect of that thing, be recoverable from any person who received the consideration or from the legal practitioner by the person from whom the consideration moved either directly or indirectly.

17.   Applications for taxation of charges(1)  Except where a direction providing for the giving of security is given under subsection (3) of section 16 of this Act and security is not given in accordance with the direction, the court shall, on an application made by a client within the period of one month from the date on which a bill of charges was delivered to him, order that the bill shall be taxed and that no action to recover the charges shall be begun until the taxation is completed.(2)  Subject to the provisions of subsection (3) of this section, the court may if it thinks fit, on an application made after the expiration of the period aforesaid by the legal practitioner or (except as aforesaid) by the client in question—(a) order that the bill shall be taxed;(b) order that until the taxation is completed no action to recover the charges mentioned in the bill shall be begun and any such action already begun shall be stayed,and an order under the subsection may be made on such terms (other than terms as to the costs of the taxation) as the court may determine.(3)  No order shall be made under subsection (2) of this section—

(a) in any case, after the period of twelve months from the date on which the bill in question was paid;(b) except in a case where the court determines that there are special reasons for making such an order, if twelve months have expired since the date of the delivery of the bill or if judgment has been given in an action to recover the charges in question,and an order made by virtue of paragraph (b) of this subsection may contain terms as to the costs of the taxation.

18.   Taxation(1)  The taxation of a bill of charges shall be in accordance with the provisions of any order in force under section 15 of this Act; and where no such order is in force or any item falling to be taxed is not dealt with by the order, the charges to be allowed on taxation of the item shall not exceed such as are reasonable having regard to the skill, labour and responsibility involved and to all the circumstances of the case.(2)  If, at the time and place appointed in pursuance of rules of court for the taxation of a bill, one of the parties appears and any other party does not, the taxing officer shall proceed to tax the bill unless for special reasons he determines to adjourn or further adjourn the taxation so as to afford an absent party an opportunity to be present; and where he does so determine he may also determine by whom any costs of the adjournment or further adjournment shall be payable.(3)  Where on the taxation of a bill it appears to the taxing officer that there are circumstances of the case which make it appropriate to refer the taxation to the court, he shall so refer it; and the court may either—(a) proceed itself to tax the bill and notify to the taxing officer the amount to be declared and stated in his certificate in pursuance of the next following subsection; or(b) refer the taxation back to the taxing officer with its direction in the matter.(4)  On the completion of the taxation of a bill, the taxing officer shall forthwith declare the amount due in respect of the bill and shall file in the records of the court a certificate signed by him stating that amount; and any party to the taxation shall be entitled on demand to have issued to him free of charge an office copy of the certificate.(5)  If any party to the taxation is dissatisfied with a determination under subsection (2) of this section or the amount stated in a certificate filed in pursuance of this section (other than a certificate stating the amount notified by the court under subsection (3) of this section), he may, within 21 days from the date of the determination or filing, appeal to the court.(6)  The certificate of the taxing officer in respect of a bill of charges, or where the certificate is varied on appeal, the certificate as so varied, shall be conclusive as to the amount of the charges payable in respect of the bill; but nothing in this subsection shall

be construed as relieving a legal practitioner of any obligation to prove that a client is liable to pay a bill of charges, or as precluding a client from disproving that he is so liable.(7)  Subject to the provisions of any order made by virtue of subsection (3) of section 17 of this Act, if the amount stated in a certificate under this section relating to a bill of costs, or in such a certificate as varied on appeal, is less than the amount of the bill before taxation and the difference is equal to one sixth or more of the amount of the bill before taxation, the costs of the taxation shall be payable by the legal practitioner, and in any other case those costs shall be payable by the client.

19.   Supplementary provisions as to remuneration(1)  Without prejudice to the provisions of section 24 of this Act, in sections 15, 16, 17, 18 and this section (in this section referred to as “the remuneration provisions”) the following expressions have the following meanings unless the context otherwise requires, that is to say—“bill of charges” means such a bill as is mentioned in paragraph (a) of subsection (2) of section 16 of this Act;“charges” means any charges (whether by way of fees, disbursements, expenses or otherwise) in respect of anything done by a legal practitioner in his capacity as a legal practitioner;“client” means the person or any of the persons alleged to be liable to pay the charges of a legal practitioner;“the court” means the High Court of the State in which the legal practitioner in question usually carries on his practice or usually resides or in which the client in question usually resides or has his principal place of business or, in the case of a legal practitioner authorised to practice by warrant, the High Court of the State in which the proceedings specified in the application for the warrant were begun;“taxation” means taxation by the proper officer of the court, and cognate expressions shall be construed accordingly.(2)  For the purposes of the remuneration provisions, a bill of charges is delivered if it is served on or left for or sent to the client as mentioned in subsection (2) of section 16 of this Act and, in relation to a bill of charges, “deliver” and cognate expressions shall be construed accordingly.(3)  The remuneration provisions shall apply to a firm consisting of legal practitioners in partnership as they apply to a legal practitioner.(4)  For the purposes of the remuneration provisions, a person shall be deemed to be a legal practitioner in relation to any charges if he was a legal practitioner when he performed the services to which the charges relate.

Safeguards for clients, etc.

20.   Accounts and records for clients’ moneys(1)  Subject to subsection (4) of this section, the Bar Council may, from time to time, as the Council considers expedient, make rules—(a) as to the opening and keeping by legal practitioners of accounts at banks for clients’ moneys; and(b) as to the keeping by legal practitioners of records containing particulars and information as to moneys received, held or paid by them for or on account of their clients; and(c) as to the opening and keeping by a legal practitioner who is the sole trustee, or who is a co-trustee only with one or more of his partners, clerks or servants, of an account at a bank for moneys of any trust of which he is the sole trustee or such a co-trustee as aforesaid; and(d) as to the keeping by such a legal practitioner as is mentioned in paragraph (c) of this subsection, of records containing particulars and information as to moneys received, held or paid by him for or on account of any such trust as is so mentioned; and(e) empowering the Bar Council to take such action as it thinks necessary to enable it to ascertain whether the rules are being complied with.(2)  Rules made under subsection (1) of this section shall not come into force until they are approved by order of the Attorney-General, either without modification or with such modifications as he thinks fit; but before approving any such rules with modifications the Attorney-General shall afford the Bar Council an opportunity of making representations with respect to the proposed modifications and shall consider any representations made in pursuance of this subsection.(3)  If it appears to the Attorney-General that any rules should be made, revoked or altered in exercise of the powers conferred on the Bar Council by this section, he shall make a recommendation in that behalf to the Bar Council; and if within the period of six months beginning with the date of the recommendation the Council has not acted in accordance with the recommendation, the Attorney-General may, within the period of twelve months beginning with that date, make rules giving effect to the recommendation.(4)  Rules under this section shall not require the keeping of accounts or records—(a) by a legal practitioner in respect of moneys received, held or paid by him as a member of the public service of the Federation or a State; or(b) in such other circumstances as may be specified by the rules.(5)  For the purposes of this section, “trustee” includes personal representative, and in relation to a personal representative any reference to a trust shall be construed as a

reference to the deceased’s estate.

21.   Special provisions as to client accounts with banks(1)  A bank at which a legal practitioner keeps an account for clients’ moneys shall not, in respect of any liability of the legal practitioner to the bank which does not arise in connection with that account, have or obtain any recourse or right, whether by way of set-off, counter-claim, charge or otherwise, against moneys standing to the credit of that account.(2)  A bank shall not, in connection with any transaction in respect of an account of a legal practitioner kept for clients’ moneys with that or with any other bank (other than an account kept by him as trustee for a specified beneficiary) incur any liability, or be under any obligation to make any inquiry, or be deemed to have any knowledge of any right of any person to any money paid or credited to the account, which it would not incur or be deemed to have in the case of an account kept by a person entitled absolutely to all the money paid or credited to the account.General

22.   Offences(1)  Subject to the provisions of this section, if any person other than a legal practitioner—(a) practices, or holds himself out to practice, as a legal practitioner; or(b) takes or uses the title of legal practitioner; or(c) wilfully takes or uses any name, title, addition or description falsely implying, or otherwise pretends, that he is a legal practitioner or is qualified or recognised by law to act as a legal practitioner; or(d) prepares for or in expectation of reward any instrument relating to immovable property, or relating to or with a view to the grant of probate or letters of administration, or relating to or with a view to proceedings in any court of record in Nigeria,he is guilty of an offence and liable, in the case of an offence under paragraph (a) of this subsection or a second or subsequent offence under paragraph (d) of this subsection, to a fine of an amount not exceeding N200 or imprisonment for a term not exceeding two years or both such fine and imprisonment, and in any other case to a fine of an amount not exceeding N100.(2)  In subsection (1) of this section “instrument”, in relation to immovable property, means any document which confers, transfers, limits, charges or extinguishes any interest in the property or which purports so to do, and “immovable property” includes

unextracted minerals.(3)  Nothing in subsection (1) of this section shall prevent a person from being dealt with for contempt of court, but no proceedings for an offence under this section shall be brought or continued against a person in respect of any act if he has been dealt with for contempt of court in respect of that act.(4)  Nothing in paragraph (d) of subsection (1) of this section shall be construed as making it an offence for any person to prepare an instrument—(a) in the course of his activities as a pupil of a legal practitioner or of his employment as a clerk or servant of a legal practitioner;(b) relating only to property in which he has or claims an interest (including an interest as a personal representative or as a person entitled to any part of the estate of a deceased person);(c) relating only to proceedings to which he is a party, or prepared with a view to proceedings to which he may be a party;(d) for the purpose only of recording information or expert opinion intended for use in, or with a view to, any proceedings;(e) which is, or is intended to be, a will or other testamentary instrument;(f) of such a class or description as the Attorney-General may by order determine.(5)  Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.(6)  No proceedings for an offence under this section shall be begun after the expiration of the period of three years beginning with the date of the offence.(7)  It is hereby declared that any agreement to transfer, either directly or indirectly, any money or thing in consideration of any act which constitutes an offence under this section is void; and any money or thing so transferred, or the value of the thing, shall be recoverable by the transferor from the transferee or from any other person by whom the offence was committed, whether or not any proceedings have been brought in respect of the offence or the time for bringing such proceedings has expired.

23.   Miscellaneous supplementary provisions(1)  It shall be the duty of the Registrar to continue to maintain the roll of court kept immediately before the passing of the Legal Practitioners Act 1962 in pursuance of rule 5 of Order XVI of the Supreme Court (Civil Procedure) Rules; and in this Act “the roll” means the roll maintained in pursuance of this subsection.

(2)  The Association shall pay any sums received by it by virtue of section 8 of this Act into a separate fund which shall be used for the purposes of the Association; and it shall be the duty of the Association—(a) to keep proper accounts in respect of the fund and proper records in relation to the accounts; and(b) to cause the accounts to be audited in each year by an auditor approved, as respects that year, by the Auditor-General for the Federation; and(c) to cause a copy of the accounts and of the auditor’s report thereon to be sent to the Registrar and to each person by whom a practising fee has been paid in respect of the year in question in pursuance of section 8 of this Act.(3)  In calculating for the purposes of this Act the period of a person’s standing as a legal practitioner, there shall be taken into account any period before the passing of the Legal Practitioners Act 1962 during which he was entitled by law to practice as a barrister and solicitor in any part of Nigeria.(4)  Except as otherwise provided by or under this Act, any document authorised or required to be served by or under this Act may, without prejudice to any other means of service, be served by post in a registered letter.(5)  Any application to a court or Judge in pursuance of this Act shall be made in the prescribed manner.

24.   InterpretationIn this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—“Appeal Committee” means the Appeal Committee of the Body of Benchers established by section 12 of this Act;“Association” means the Nigerian Bar Association;“Attorney-General” means the Attorney-General of the Federation;“Bar Council” has the meaning assigned to it by section 1 of this Act;“Benchers” means the Body of Benchers established by section 3 of this Act;“President of the Association” means the person for the time being holding office as President of the Association in accordance with the constitution of the Association;“Chief Justice” means the Chief Justice of Nigeria;“Disciplinary Committee” has the meaning assigned to it by section 10 of this Act;“legal practitioner” means a person entitled in accordance with the provisions of this Act to practice as a barrister or as a barrister and solicitor, either generally or for the purposes of any particular office or proceedings;“prescribed” means prescribed by rules of court;“public service of the Federation” has the same meaning as in the Constitution of the

Federal Republic of Nigeria 1999;[Cap. C23.]“qualifying certificate” has the same meaning as in the Legal Education (Consolidation) Act;[Cap. L10.]“the Registrar” means the Chief Registrar of the Supreme Court;“the roll” has the meaning assigned to it by subsection (1) of section 23 of this Act, and cognate expressions shall be construed accordingly;“rules of court” means the rules of court made by the Supreme Court;“warrant” means a warrant issued by the Chief Justice under section 2 of this Act.

25.   Short titleThis Act may be cited as the Legal Practitioners Act.

ScheduleFirst ScheduleTABLE OF PRECEDENCE[Section 8 (4).]1.   The Attorney-General of the Federation.2.   The Attorneys-General of the States in order of seniority as Senior Advocates of Nigeria and thereafter in order of seniority of enrolment.3.   Senior Advocates of Nigeria in order of seniority.4.   Persons authorised to practice as legal practitioners by virtue of paragraph (b) of subsection (3) of section 2 of this Act.5.   Persons whose names are on the roll in order of seniority of enrolment.6.   Persons authorised to practice by warrant.

Second ScheduleSUPPLEMENTARY PROVISIONS AS TO THE DISCIPLINARY COMMITTEE[Section 10 (3).]The Disciplinary Committee1.   The quorum of the Disciplinary Committee shall be five of whom three shall be persons mentioned in paragraphs (a) and (b) of section 10 (2) of this Act.2.   (1)  The Chief Justice of Nigeria shall make rules for the purposes of any proceedings and as to the procedure to be followed and the rules of evidence to be observed in

proceedings before the Disciplinary Committee.(2)  The rules shall in particular provide—(a) for securing that notice of the proceedings shall be given, at such time and in such manner as may be specified by the rules, to the person against whom the proceedings are brought;(b) for determining who, in addition to the person aforesaid, shall be a party to the proceedings;(c) for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the Disciplinary Committee;(d) for enabling any party to the proceedings to be represented by a legal practitioner;(e) subject to the provisions of subsection (7) of section 11 of this Act, as to the costs of proceedings before the Disciplinary Committee;(f) for requiring, in a case where it is alleged that the person against whom the proceedings are brought is guilty of infamous conduct in any professional respect, that where the Disciplinary Committee adjudges that the allegation has not been proved it shall record a finding that the person is not guilty of such conduct in respect of the matters to which the allegation relates;(g) for publishing in the Federal Gazette notice of any direction of the Disciplinary Committee which has taken effect providing that a person’s name shall be struck off the roll or that a person shall be suspended from practice.3.   It shall be the duty of the Solicitor-General of the Federation to afford to the Disciplinary Committee such facilities, whether by way of accommodation, secretarial assistance or otherwise, as the Disciplinary Committee may reasonably require for the purpose of its functions.Miscellaneous4.   (1)  Subject to the provisions of section 10 of this Act a person appointed by the Benchers on the nomination of the Association to be a member of the Disciplinary Committee shall, unless he previously resigns, hold office for such term, not exceeding three years, as may be specified in his instrument of appointment.(2)  A person ceasing to be a member of the Disciplinary Committee shall be eligible for reappointment as a member of that body.(3)  A person may, if otherwise eligible, be a member of both the Disciplinary Committee and the Appeal Committee; but no person who acted as a member of the Disciplinary Committee in any case shall act as a member of the Appeal Committee with respect to that case.5.   The Attorney-General of the Federation or of a State may, if he thinks fit, direct the Solicitor-General of the Federation or, as the case may be, of the State, to act in his place as a member of the Disciplinary Committee for the purposes of any case; and references to an Attorney-General in this Schedule or section 10 of this Act shall be construed accordingly.

6.   The Disciplinary Committee or the Appeal Committee may act notwithstanding any vacancy in its membership and no proceedings of the Disciplinary Committee or the Appeal Committee shall be invalidated by any irregularity in the appointment of a member thereof or by reason of the fact that any person who was not entitled to do so took part in the proceedings.7.   The Disciplinary Committee may sit in two or more divisions.8.   Any document authorized or required by this Act to be served on the Disciplinary Committee shall be served on the Solicitor-General of the Federation.

Entitlement to practice as Barristers and Solicitors (Federal Officers) Order Cap. 207 LFN 1990

1. Short title.

2. Entitlement to practice.

Schedule

1. This Order may be cited as the Entitlement to Practice as Barristers and Solicitors (Federal Officers) Order.

2. The holder for the time being of each of the offices in the civil service of the Federation set out in the Schedule hereto shall be entitled to practice as a barrister and solicitor for the purposes of that office.

Schedule

Deputy Solicitor-General

Deputy Director of Public Prosecutions

Principal State Counsel

Legal Training Officer

Senior State Counsel

State Counsel

Pupil State Counsel

First Parliamentary Counsel

Parliamentary Counsel

Senior Assistant Parliamentary Counsel

Assistant Parliamentary Counsel

Legal Secretary to the President

Federal Administrator-General

Legal Adviser in all Ministries

Assistant Legal Adviser, Senior Legal Assistant or Legal Assistant in all Ministries

Registrar of Titles

Assistant Registrar of Titles

Registrar-General of Companies and Allied Matters

Registrar of Ships

Registrar of Trade Unions

Registrar (Commercial Legislation)

Deputy Federal Administrator-General

Standing Orders of the General Council of the Bar Cap. 207 LFN 1990

Excluded from L.F.N. 2004

Arrangement of Orders

1. Days and hours of meeting.

2. Conveying meetings.

3. Business for transaction at meetings.

4. Chairman of meetings.

5. Absence of Chairman from Nigeria.

6. Voting at meetings.

7. Minutes.

8 Signification of acts, documents, etc. of the Council.

9. Committees.

10. Annual statement.

11. Revision of amendment of rulings or decisions on infamous conduct.

12. Co-option.

13. Interpretation.

1. The meetings of the Council shall be held at such time and place and on such days, as the Chairman may from time to time determine.

2. (1) Subject to Standing Order 1, the Chairman may call a meeting of the Council at any time.

(2) If the Chairman refuses or neglects to call a meeting after a requisition for that purpose, signed by one-fourth of the total number of members of the Council has been presented to him or left with a reasonable person in his usual place of business, the same proportion of the total number of members of Council as demanded the meeting, may forthwith summon a meeting of the Council.

(3) At least twenty-one clear days before a meeting of the Council-

(a) notice of the time and place of the intended meeting, signed by the Secretary or by the members calling the meeting, shall be displayed prominently at the office of the Nigerian Bar Association in Lagos and the business proposed to be transacted threat shall be specified; and

(b) copies of such notice shall be left at, or sent by post, to the last known place of business or residence of each number:

Provided that want of service of such notice on any member shall not affect the validity of a meeting.

3. (1) The business to be transacted at any meeting of the Council shall be as prescribed by the Chairman.

(2) Except with the permission of the Chairman, or the consent of the members present, no business shall be transacted at a meeting of the Council other than that specified in the notice referred to in paragraph (3) of Standing Order 2.

(3) Any member may, subject to the approval of the Chairman, request the Council to consider any matter with respect to which the Council is competent to deal:

Provided that the Chairman may require a member to submit a brief memorandum on the matter in question before considering whether to grant such request.

4. (1) The Chairman shall preside at all meetings of the Council.

(2) If the Chairman or the person for the time being performing his functions in accordance with Standing Order 5 is absent from a meeting of the Council, the member present who is most senior in accordance with the table of precedence in the First Schedule to the Act shall preside.

5. Whenever the Chairman is away from Nigeria or his post is vacant, all the powers, functions and duties vested in or exercisable by him shall be performed by such other person as the Council may appoint at a meeting or, in default of such appointment, by the person for the time being performing the functions of the chairman of the Nigerian Bar Association.

6. (1) Subject to the provisions of any enactment, all acts of the Council and all questions coming or arising before the Council, shall be done and determined by a majority of the members present and voting thereon at a meeting thereof.

(2) In the case of an equality of votes, the person presiding at the meeting whether or not he voted, in the first instance, may give a casting vote.

7. Minutes of the proceedings of a meeting shall be drawn up and typed or stencilled and shall be signed at the next ensuing meeting by the person presiding threat, and any minutes purporting to be so signed shall be prima facie evidence of the proceedings and decisions at such meetings.

8. Anything required to be done by the Council in relation to its functions under the Act or under these Standing Orders may be signified under the hand of the Chairman.

9. (l) Subject to paragraph (5) of this Standing Order, there shall be two committees, consisting of not less than five nor more than nine persons, which shall be known as-

(a) the Finance and General Purposes Committee; and

(b) the Rules of Conduct Committee.

(2) A Committee appointed under this Standing Order

shall have power to co-opt legal practitioners who are not members of the Council provided that not more than one-third of the members of such committee may be so co-opted.

(3) The Finance and General Purposes Committee may be requested to make recommendations to the Council with respect to the Council's powers and functions under the Act, or these Standing Orders or the constitution of the Nigerian Bar Association, but so however that any such recommendation shall relate to matters other than those referred to in paragraph (4) of this Standing Order.

(4) The Rules of Conduct Committee may be requested to make recommendations to the Council as to the kind of conduct to be deemed as infamous conduct in a professional respect under the Act.

(5) Such other Committees may be appointed for such purposes as the Council may from time to time deem fit.

(6) Upon the appointment of a Committee under this Standing Order, the Council shall designate the chairman of such committee.

(7) Unless the Council otherwise decides, the Secretary shall be the secretary of any committee appointed under this Standing Order.

(8) Members of the Finance and General Purposes Committee or of the Rules of Conduct Committee shall hold Office for one year only but shall be eligible for re-appointment.

(9) All the powers vested in the Chairman shall mutatis mutandis be exercisable by the Chairman of a committee of the Council in respect of meetings of such committee:

Provided that the chairman of a committee may prescribe any day of the week after the hour of 2.45 pm. for a meeting of such committee, and provided further that he may give not less than three clear days notice of any meeting.

10. (1) The Council shall, with effect from July 1964, publish annually a statement of its proceedings which shall be sent to every legal practitioner whose name appears in the current Roll of Practitioners:

Provided that the Council may, if occasion demands, publish such statements of its proceedings as it deems fit in addition to the Annual Statements.

(2) The Annual Statement shall contain a section setting out all the rulings or resolutions of the Council on matters considered to be infamous conduct in a professional respect under the Act and such rulings or resolutions shall be numbered serially:

Provided that if there is no fresh ruling in the course of any one year, the Council shall only be obliged to send the last published annual statement to such practitioners as were enrolled since the date of its publication.

11. (1) The rulings or decisions of the Council on matters considered to be infamous conduct shall not be reviewed or amended unless the Council is satisfied that it necessary or expedient to do so after considering a resolution of the Nigerian Bar Association at a general meeting thereof requesting such review or amendment.

(2) The proposal for such review or amendment as is mentioned in paragraph (1) shall be supported by not less than two-thirds majority of the members of the Council present and voting at the meeting where the proposal is considered.

12. The Chairman may in his discretion invite any person to attend a meeting of the Council for any special or general purpose, and such person shall, to the extent that the Chairman considers it necessary or expedient, participate in discussions at the meeting; but he shall not be entitled to vote thereat.

13. "Chairman" means the chairman of the General Council of the Bar in accordance with the Act;

"Council" means the General Council of the Bar;

"the Secretary" means the person appointed as the Secretary of the General Council of the Bar.

NATIONAL HOSPITAL, ABUJA (LEGAL OFFICERS)  (ENTITLEMENT TO PRACTICE AS BARRISTERS AND SOLICITORS)  S.I. 5 ORDER 2003

UNDER

LEGAL PRACTITIONERS ACT (CAP. 207 LFN)

Commencement: 25TH APRIL  2003

 

In exercise of the powers conferred on me by section 2(3)(b) of the  Legal Practitioners Act and of all other powers enabling me in that behalf, I, Kanu Godwin Agabi, SAN, Attorney-General of the Federation,  hereby make the following Order -

1(1) The legal practitioners mentioned in the Schedule hereunder, who are for the time being holding and exercising the functions of the office of legal officers  of the National Hospital, Abuja shall, for the duration of the tenure of the said offices, be entitled to practice as barristers and solicitors for the purposes of the offices. In this section, reference to the office of legal officers includes any re-designation of the offices as a consequence of promotion or up- grading of the holders thereof and reference to National Hospital Abuja means the  Hospital 'of that name established pursuant to the Act. No. 36 of 1999This Order may be cited as the National Hospital Abuja (Legal Officers (Entitlement to- Practice as Barristers and Solicitors) Order 2003. SCHEDULE Section 1(1)Mr. Chris Yohanna Mamman, Barrister and Solicitor of the Supreme Court of Nigeria.Miss Judith O.M.I. Irabor, Barrister and Solicitor of the Supreme'Court of Nigeria.MADE at Abuja this 25th day of April, 2003.Kanu Godwin Agabi, SAN,

Attorney-General of the Federation,

 

NIGERIA SOCIAL INSURANCE TRUST FUND (LEGAL OFFICERS) (ENTITLEMENT TO PRACTICE AS BARRISTERS AND SOLICITORS) S.I. 17 ORDER 2001

UNDER LEGAL PRACTITIONERS ACT (CAP. 207 LFN)

Excluded from L.F.N. 2004

Commencement: 15TH August 200 I

In exercise of the powers conferred upon me by section 2(3)(b) of the

Legal Practitioners Act and of all other powers enabling me in that behalf,

I, BOLA IGE, S.A.N., Attorney-General of the Federation, hereby make the

following Order -

1.-(1) The legal practitioners mentioned in the Schedule hereunder, who are for the time being holding and exercising the functions of the office of legal

officers of the Nigeria 'Social Insurance Trust Fund shall, for the duration of the

tenure of the said offices, be entitled to practice ,as barristers and solicitors for the

purposes of the offices.

(2) In this section, reference to the office of legal officers includes any re-

designation of the offices as a consequence of promotion or up-grading of the

holders thereof and reference to Nigeria Social Insurance Trust Fund means the

Fund of that name established pursuant to the Nigeria Social Insurance Trust

Fund Act 1991, 2; This Order may be cited as the Nigeria Social Insurance Trust Fund

(Legal Officers) (Entitlement to Practice as Barristers and Solicitors) Order 2001.

SCHEDULE Section 1(1)

1.         Mrs. Fatima Ahmed Bassi, Barrister and Solicitor of the Supreme Court of Nigeria.

2.         Mrs. Olufunke Motunrayo Aleshinloye (Nee Oyajobi), Barrister and Solicitor of the Supreme Court of Nigeria.

3.         Mr. Mamudu Mudhi Ayinla, Barrister and Solicitor of the Supreme Court of Nigeria.

4. Mr. Ibrahim Garkida Wakawa, Barrister and Solicitor of the Supreme Court of Nigeria

5.         Mr. Oladotun Lawale Okanrende, Barrister and Solicitor of the Supreme Court of Nigeria

6.         Mrs. Ernestina Onyinye Ojeogwu (Nee Nwasor), Barrister and Solicitor of the Supreme Court of Nigeria

7.         Mr. Nasir Adamu Lambil Musa, Barrister and Solicitor of the Supreme Court of Nigeria

8.         Mrs. Eyitayo Omotosho (Nee Eniaiyekan) Barrister and Solicitor of the Supreme Court of Nigeria

9.         Mr. Adedamola Lanre Olaotan, Barrister and Solicitor of the Supreme Court of Nigeria;,

10.     Mr. Baba Birma, Barrister and Solicitor of the Supreme Court of Nigeria;

11.     Mrs. Aishatu Tahar Habib (Nee Ahmed), Barrister and Solicitor of the Supreme Court of Nigeria;

12.     Miss Rachael Osa Efoghe, Barrister and Solicitor of the Supreme Court of Nigeria

13.     Mr. Isa Paiko Sarki, Barrister and Solicitor of the Supreme Court of Nigeria.

14.     Mrs Kashim Galadima Maryam (Nee Ibrahim Musa), Barrister and Solicitor of the Supreme Court of Nigeria

15.     Mrs. Aisha Mohammed (Nee Abdu), Barrister and Solicitor of the Supreme Court of Nigeria.

16.     Mt. Justus Chikwea Okoro, Barrister and Solicitor of the Supreme Court of Nigeria

17.     Miss. Inuwa Mariam, Barrister and Solicitor of the Supreme Court of Nigeria.

18.     Miss. Indo Aisha Kotoko, Barrister and Solicitor of the Supreme Court of Nigeria.

19.     Mr. Yakubu Mala Yarema, Barrister and Solicitor of the Supreme Court of Nigeria

20.     Mr. Ashigar Abubakar, Barrister and Solicitor of the Supreme Court of Nigeria

21.     Miss. Veronica Nadiq Shinnaan, Barrister and Solicitor of the Supreme Court of Nigeria

22.     Mrs. Mairo Sule (Nee Musa), Barrister and Solicitor of the Supreme Court of Nigeria

23.     Mr. Johnson Osuolale Adewale, Barrister and Solicitor of the Supreme Court of Nigeria

24.     Mr. Clement Asoluka, Barrister and Solicitor of the Supreme Court of Nigeria

MADE at Abuja this 15th day of August 2001

BOLA IGE, S.A.N.

Attorney-General of the Federation

 

Legal Practitioners (Special facilities to practice in Nigeria) Regulations Cap 207 LFN 1990

Excluded from L.F.N. 2004

Arrangement of Regulations

1. Short title.

2. Requirements for enrolment and cancellation of enrolment.

1. (1) These Regulations may be cited as the Legal Practitioners (Special Facilities to Practice in Nigeria) Regulations.

(2) These Regulations shall have effect so however that nothing herein shall be construed to restrict or abridge the power of the Chief Justice of Nigeria to permit practice by otherwise disqualified persons in any designated proceedings.

2. (1) Subject to the provisions of this regulation, the facilities for enrolment as a legal practitioner shall be available to any person, other than a Nigerian, who satisfies the Chief Justice of Nigeria that he is a person of good character, and produces to the court, evidence by certificate signed by the Attorney-General of the Federation setting out-

(a) that the country of which the applicant is a citizen or national as the case may be, is a member of the Organization of Africa Unity and affords to Nigerians the equivalent right of enrolment and audience before its courts as a citizen of Nigeria has of enrolment and audience in Nigeria; and

(b) that the applicant is entitled to practice as a legal practitioner (by whatever name there known) in the country of which he is a citizen or national, and in addition-

(i) has passed in Nigeria an examination by the Council of Legal Education in general knowledge of Nigerian law, or

(ii) has satisfied the Attorney-General of the Federation as to the applicant's general knowledge of Nigerian law.

(2) The fee for the certificate shall be twenty-one naira payable to the Council of Legal Education and the receipt shall accompany, and be filed with, the certificate.

(3) The fee for enrolment pursuant to this regulation shall be fifty-five naira payable to the Nigerian Bar Association before the filing of the application in the Supreme Court;

and three quarters of the amount when received shall be retained by the Association and the remaining one quarter paid to the court aforesaid, and be so disbursed.

(4) Any certificate or receipt made or given under and for the purposes of this regulation shall be accepted by the court without proof of signature, unless the contrary appears.

(5) Application by motion on notice may at any time be made on proper ground by the Attorney-General of the Federation for annulment of an enrolment under these regulations; and where the court hearing the application is satisfied that practising facilities for Nigerians have been withdrawn or so materially altered as to operate to the disadvantage of Nigerians in the country of which the legal practitioner enrolled under these regulations is a citizen or national, or that the legal practitioner otherwise is not fit person to continue to be enrolled, it may by order annul his enrolment as a legal practitioner in Nigeria, and the person affected shall be disbarred accordingly.

Senior Advocates of Nigeria (Privileges and Functions) Rules Cap. 207 LFN 1990

Excluded from L.F.N. 2004

Arrangement of rules

1. Exclusive right of SANs to sit in inner bar.

2. Appearance in civil cases to be with counsel.

3. Appearance in criminal cases without other counsel permitted.

4. Restriction on application for process.

5. Minimum fees.

6. Interpretation.

7. Short title.

1. Notwithstanding the provisions of any rules of court but without prejudice to any enactment, all courts of law in Nigeria before which legal practitioners are entitled to appear shall accord to every Senior Advocate of Nigeria the following rights and privileges, that is to say-

(a) the exclusive right to sit in the inner bar or where no facilities exist for an inner bar, on the front row of the seats available for legal practitioners;

(b) the right to mention any motion in which he is appearing or any other cause or matter which is on the list for mention and not otherwise listed for hearing out of its turn on the cause list.

2. (1) A Senior Advocate of Nigeria shall not appear as counsel in any civil case before any superior court of record except with a junior or with another Senior Advocate of Nigeria.

(2) Notwithstanding paragraph (1) of this rule, a Senior Advocate of Nigeria may appear with or without another counsel in any motion or other civil cause or matter in Judges' Chambers or elsewhere not in open court.

3. A Senior Advocate of Nigeria may appear as counsel in any criminal cause or matter before any court of superior record with or without another counsel.

4. A Senior Advocate of Nigeria shall not apply for or issue originating process or any other process from or application before a court in any cause or matter except in relation to for process those matters in which he is entitled to appear pursuant to rules 2 and 3 of these Rules.

5. A Senior Advocate of Nigeria shall not be engaged or agree to be engaged in drafting any instrument where the appropriate or prescribed fees are less than N400:

Provided that nothing in this rule shall be construed so as to preclude a Senior Advocate of Nigeria from-

(a) drafting any such instrument free of charge; or

(b) drafting any instrument connected with parliamentary processes for a lesser charge than as herein prescribed.

6. In these Rules, unless the context otherwise require-

"instrument" includes any agreement, will, lease, mortgage, charge, power of attorney, settlement or any other document whatsoever having or intended to have legal consequences or effect;

"superior court of record" means the Supreme Court of Nigeria, the Court of Appeal, the Federal High Court, any State High Court or any other court or tribunal with powers not less than those of a High Court.

7. These Rules may be cited as the Senior Advocates of Nigeria (Privileges and functions) Rules.

Body of Benchers Regulations Cap. 207 LFN 1990

Excluded from L.F.N. 2004

1. Membership.

2. Life membership.

3. Chairman and Vice-Chairman of the Body.

4. Proposals for election of members of the Body.

5. Meetings.

6. Quorum.

7. Procedure.

8. Standing Committees.

9. Secretary.

10. Call as honorary members.

Supernumerary Members

11. Supernumerary members.

12 Disabilities of supernumerary and honorary members.

Miscellaneous Provisions

13. Subscriptions.

14. Contracts, etc. by Chairman.

15. Call to the Bar.

16. Call Nights.

17. Attendance at dinners.

18. Dining terms.

19. Discipline.

20. Decision by the majority in certain cases.

21. Delegation of Chairman's functions.

22. Interpretation.

23. Short title.

Membership

1. (1) Without prejudice to the provisions of subsection (1) Of section 3 of the Act, the Body of Benchers (hereinafter in these Regulations referred to as "the Body") shall comprise the following members-

(a) the Chief Justice of Nigeria and all the Justices of the Supreme Court;

(b) the President of the Court of Appeal;

(c) the Attorney-General of the Federation and Minister of Justice;

(d) the Presiding Justices of Court of Appeal Divisions;

(e) the Chief Judge of the Federal High Court;

(f) the Chief Judge of the Federal Capital Territory, Abuja;

(g) the Chief Judges of all the States in the Federation;

(h) the Attorneys-General of all the States in Nigeria;

(i) the Chairman of the Council of Legal Education;

(j) the President of the Nigerian Bar Association;

(k) thirty legal practitioners nominated by the association; and

(l) such number of persons, not exceeding ten, who appear to the Body to be eminent members of the legal profession in Nigeria of not less than 15 years post-call standing; members of the Body under this paragraph shall be elected by the Body in accordance with the procedure hereinafter set out.

(2) In addition to such persons who become members by virtue of paragraph (1) of this regulation the Body may from time to time appoint honorary members thereof in accordance with the procedure set out hereinafter.

(3) A Bencher shall cease to be a member of the Body-

(a) during any period when proceedings are pending against him for misconduct pursuant to section 3 (6) of the Act;

(b) during any period when he is suspended for misconduct;

(c) if he is dismissed by the Body from membership for misconduct; or

(d) if he resigns his membership.

(4) There shall also be such number of persons who may become supernumerary members as the Body may from time to time prescribe.

2. (1) In addition to any member who becomes a life member by virtue of his having been the Chief Justice of Nigeria at any time-

(a) all the persons who are members by virtue of section 2A (1) (b), (c), (d), (e) and (f) of the Legal Practitioners Act 1962 at the time of the coming into operation of the Legal Practitioners (Amendment) Act 1971,

(b) the twelve persons elected by the Nigerian Bar Association under section 2A (1) (g) of the Legal Practitioners Act 1962, as amended as aforesaid, who have been duly elected at the time of the inaugural meeting of the Body shall likewise become members for life.

(2) All persons who become members by virtue of the said section 3 (1) (b) to (j) of the Act other than those who become life members under the immediately preceding paragraph shall, in the case of those who become members by virtue of their respective offices, cease to be members at the expiration of the period during which the offices are held, and in the case of those who become members under the said section 3 (1) (j), be members for three years only:

Provided that the Body may at its discretion and on such conditions as it may determine confer membership of the Body for life on any person who would otherwise not be a member for life.

(3) Nothing in the foregoing provisions shall prevent-

(a) any person who is a member from notifying the Chairman of the Body of his intention to resign his membership and from ceasing to be such a member upon so doing; and

(b) any member for life from notifying the Chairman of the Body of his intention to resign his membership for life and from ceasing to be such a member, and upon so doing he shall become a supernumerary member.

3. (1) Subject to paragraphs (2) and (3) of this regulation, there shall be the offices of Chairman and Vice-Chairman of the Body.

(2) The Chairman and Vice-Chairman shall each hold office for only one year beginning in April of the one year and ending in March of the next; and upon the Chairman ceasing to be Chairman the Vice-Chairman shall succeed him as Chairman for the next following year.

(3) Upon the Vice-Chairman becoming Chairman of the Body as stated in the preceding paragraph, the office of Vice-Chairman shall become vacant and shall be filled by election by the members present and voting at a meeting of the Body called for that purpose:

Provided that any election to the office of the Vice-Chairman shall be made in such a manner that in any year in which the Chairman is a member of the Bench the Vice-Chairman shall be a member of the Bar; and where the Chairman is a member of the Bar the Vice-Chairman shall be a member of the Bench.

(4) In addition to the offices of the Chairman and Vice-Chairman the Body may from time to time create and designate for its purposes such other offices as it may consider necessary.

(5) A former Chairman who ceases to hold that office may, so long as he remains a member, be conferred with such functions and facilities as the Body may from time to time direct.

4. (1) Whenever any vacancy occurs among the persons who become members by virtue of section 3 (1) (j) of the Act, the Nigerian Bar Association shall be called upon to fill such vacancy.

(2) Whenever any vacancy occurs among those persons who become members other than by virtue of section 3 (1) (j) of that Act, the members shall on such day and time as the Chairman may appoint decide whether or not such vacancy shall be filled, and the procedure set out in the following paragraphs of this regulation shall then apply.

(3) If the Body decides to fill all or any of the vacancies, the Secretary shall on the day following the day of the decision send notices in writing of the decision to every member.

(4) Upon receipt of such notice every member who intends to propose any person to fill any vacancy shall submit to the Chairman through the Secretary the name or names of such person or persons for election to fill the vacancy or vacancies and the grounds upon which the proposer considers that the candidate has or the candidates have attained distinction in the legal profession:

Provided that a member shall not propose more persons for consideration than there are vacancies to be filled.

(5) A proposal shall not be valid unless it is received by the Secretary not later than three o'clock in the afternoon of the day on which proposals are to close.

(6) Upon receipt of all the proposals, the Chairman shall cause a list to be prepared showing the name of every person proposed for election who has been proposed by no fewer than two members and the list shall indicate in respect of each candidate the following matters, that is-

(a) the date of the candidate's call to the Bar;

(b) the date of his admission as a legal practitioner in Nigeria;

(c) the names of his proposers; and

(d) the ground upon which each of his proposers considers that he has attained distinction in the legal profession.

(7) The names of the candidates shall be entered in the said list of call to the Bar.

(8) The Chairman will then cause the list to be circulated to all members and at the same time summon them to a meeting of the body for the purpose of electing persons to fill the vacancies.

(9) The persons so proposed shall be voted for by all the members present so, however, that no voting shall be held unless there is a quorum of 15 members.

Meetings

5. (1) There shall be three statutory meetings in the dining year each of which shall be held on a Friday preceding the commencement of the dining term, and there shall be any other meeting whenever in the opinion of the Chairman it is necessary to hold one.

(2) The Chairman shall, whenever in his opinion there is need to hold any emergency meeting, summon an emergency meeting of the Body.

(3) Whenever there is a vacancy in the membership of the Body to be filled by the members the Chairman may summon a meeting of the Body.

(4) The Chairman shall preside at every meeting of the Body at which he is present and in his absence the Vice-Chairman shall preside; in the absence of both the Chairman and the Vice-Chairman the members present shall elect one from among themselves to preside at such meeting.

(5) The business of the Body shall not be transacted after dinner, except by the leave of the Chairman in exceptional circumstances.

(6) The Chairman shall cause to be circulated to every member of the Body, who is not a supernumerary nor an honorary member, a copy of the minutes of a meeting which shall, if approved, be signed at the next meeting by the Chairman or other member presiding.

(7) If the members amend these Regulations, the Secretary shall record in the minutes-

(a) the names of the members present when the amendment was made; and

(b) at their request the names of the members voting against the amendment.

6. (1) For the purpose of transacting any ordinary business of the Body, the quorum of the members at any meeting thereof shall, in accordance with section 3 (7) of the Act, be ten.

(2) For the purpose of electing members to fill the office of Vice-Chairman and for electing persons to be members of the Body, either as ordinary members or as honorary members, the quorum shall be fifteen.

7. (1) Subject to the provisions of this regulation, the procedure for the regulation of the meetings of the Body shall be such as the Body may at its discretion determine at each meeting, so, however, that for the purpose of any election to its membership-

(a) voting shall be by secret ballot; and

(b) a candidate shall be deemed to be elected if no more than 2 members vote against him.

(2) On the day fixed for the election of new members the names of candidates duly proposed for election shall be submitted to the meeting and voted upon as provided for in paragraph ( 1 ) above.

(3) For the purpose of the election of new members at any meeting thereof, the Chairman shall appoint two members as "Returning Officers".

(4) If there are more candidates than there are vacancies to be filled each candidate shall be voted for in turn and, subject to the following paragraph of this regulation, a candidate shall be declared elected unless more than one vote shall have been cast against him.

(5) If, after voting in accordance with the provisions of paragraph (4) of this regulation, there are less vacancies than there are candidates against each of whom not more than one vote has been cast, lots shall be drawn to determine which of such candidates shall fill the vacancies.

(6) Notwithstanding that a candidate has failed to be elected at any one meeting such candidate may subsequently be proposed to fill a vacancy and may be voted for at any subsequent meeting.

8. (1) There shall be set up from time to time and for such purposes as may be determined by the Body, one or more committees of the Body to be known as "Standing Committees", which shall consist of a number of members not exceeding seven each.

(2) A Standing Committee established under paragraph (1) above shall have and may exercise such functions and powers as the Body may determine or direct.

(3) Every Standing Committee may, subject to the approval of the Body, determine its own procedure at meetings.

9. The Body shall employ a Secretary and such other persons as may from time to time be deemed necessary for the performance of its functions. The manner of appointment of such persons shall be determined by the Standing Committee on staff matters.

10. (1) Any person of distinction in any country may, if nominated by any two members of the Body, be called to the Bench as an honorary member thereof in accordance with this regulation.

(2) The Secretary shall upon the direction of the Chairman notify the nomination to all members and at a meeting summoned for that purpose or for the election of other members, any person so nominated shall, upon the votes of the members present at such meeting, be duly elected by a simple majority of the members present and voting and shall thereafter be called to the Bench as an honorary member thereof:

Provided that the person to be elected shall prior to the meeting aforesaid have been consulted and duly signified his acceptance to serve as a Bencher if so elected.

Supernumerary Members

11. (1) A member, other than an honorary member shall, if his notice is approved by the Body, become supernumerary on giving notice in writing to the Chairman of his intention to become such a member.

(2) A member, not being an honorary member, shall become a supernumerary member at the expiration of his membership of the Body if-

(a) being a member under paragraphs (b), (e), (g), (h), (i) or (j) of section 3 (1) of the Act by virtue of an office which he has vacated in accordance with the Act or these Regulations, he had at any time served as a Chairman or Vice-Chairman of the Body;

(b) not being a former Chief Justice of Nigeria, he is the most senior Justice of the Supreme Court in retirement; or

(c) he is the most senior President of the Court of Appeal in retirement; or

(d) he is the most Senior Chief Judge of a High Court (by whatever name called) in retirement.

(3) In this regulation, the seniority of a retired Justice of the Supreme Court, President of the Court of Appeal or Chief Judge of a High Court, as the case may be, shall rank from the date of his first appointment to that office.

12. A supernumerary or honorary member shall be subject to the following disabilities-

(a) he shall not be a member of any Standing Committee of the Body; and

(b) he shall not hold the office of Chairman or Vice-Chairman or any other office of the Body nor shall he occupy the Chairman's seat on any occasion.

Miscellaneous Provisions

13. The Body may from time to time require members thereof, other than honorary and supernumerary members, to pay such subscriptions as the Body may in its discretion direct to be paid.

14. All agreements made on behalf of the Body and all other instruments shall be in the name of the Body of Benchers and signed by the Chairman for the time being and the Secretary.

15. (1) For the purpose of approving the candidature of persons to be called to the Bar, the Body shall hold a meeting in the last term of each year or as the occasion may demand and at such meeting the names of persons proposed for call to the Bar shall be considered and approved by the members present there:

Provided that the list of such students shall have been circulated to all members at least 3 days before the meeting in question.

(2) Before the name of a student is put forward for consideration under paragraph 1 of this regulation, such student shall have been proposed in writing by at least two members and such members, if required, shall give at the Body some account of the student's character and qualifications for call to the Bar.

(3) If any member knows of any circumstance that calls in question the suitability of a student for call to the Bar he shall inform the members to such meeting and the members shall thereupon decide whether or not to call such a student to the Bar.

(4) Before a final decision is taken on the eligibility or suitability for call to the Bar of any student the Vice-Chairman shall produce a certificate to the Body showing the student's standing and other qualifications.

(5) Any student whose application for call to the Bar has been approved by the Body in accordance with the procedure herein shall be entitled to be called to the Bar on the day in the last term of the dining year appointed as such by these regulations or so designated by the Body.

(6) Without prejudice to the foregoing provisions, the Body may appoint any day in any dining term as a Call Night for the purpose of calling students to the Bar and, accordingly, the application of any student for call to the Bar may be considered by the Body in any term of the dining year in accordance with the procedure set out in this regulation.

16. (1) The Chairman shall preside on every Call Night at which he is present, and in his absence the Vice-Chairman shall preside.

(2) In the absence of both the Chairman and the Vice-Chairman the members present shall elect one from among themselves to preside.

(3) Every student proposed and approved for call to the Bar shall, on any Call Night, be dressed in his bibs and barrister's gown but shall not place his wig on his head until he has been called to the Bar by the Chairman.

(4) The students to be called shall be summoned before the members in alphabetical order, after which they shall be addressed by the Chairman who shall immediately thereafter shake their hands one after another while at the same time handing over to each student his certificate of Call to the Bar.

(5) Immediately thereafter each student so called to the Bar shall wear his wig.

(6) Subsequently he shall appear and present himself before the Supreme court for enrolment as a legal practitioner in Nigeria.

(7) Without prejudice to the foregoing, if for any reason the Body considers it necessary to do so it may call any student in absentia.

(8) On a Call Night any student to be called may bring not more than 2 persons who shall be either relatives or friends or both to witness his call to the Bar, and such persons shall when so requested leave the room before dinner after witnessing the call.

17. (1) All members shall be entitled to attend the first ordinary dinner and the first Call Night dinner of the current year.

(2) On subsequent Call Nights and ordinary dining nights any member who is willing to attend a dinner shall so indicate by giving a notice of at least six days to the Secretary.

(3) Subject to paragraphs (1) and (2) of this regulation not more than ten members shall be present at any on dinner, and for this purpose there shall be a roster for members' attendance at each dinner:

Provided that a member who is not able to attend dinner on the day or days allotted to him may b arrangement attend on some other suitable days.

(4) There shall be a "Guest Night" in each dining ten and subject to the availability of space and other facilities every member and barrister shall be entitled to bring guest to dine with him on such night:

Provided that such member or barrister shall indicate the Chairman the name, standing and address of his guest at least 14 days before the Guest Night and if more applications are received than there are spaces and facilities the Chairman shall, after consultation with the appropriate committee, decide those whose applications shall b approved.

(5) At each dinner including a Call Night dinner ever member shall wear a silk robe on a dark lounge suit an every barrister shall be in his barrister's gown on a dark lounge suit.

(6) Students shall wear dark lounge suits except on ever Call Night when those to be called to the Bar shall wear their full robes and be attired as described in paragraph (3) of regulation 16.

18. (1) There shall be 3 dining terms in each year, and during a term the number of dining nights for ever' student shall be 3 within a total dining period of not less than 21 days, excluding Sundays.

(2) Every student shall at least 7 days before the commencement of the dining period give notice to the Secretary of the 3 days on which he proposes to din within that period.

(3) The charges for dining which shall be paid b members, barristers and students respectively shall be such sums as may from time to time be determined by the Body

(4) Subject to such dispensation as may be granted by the Body, no student shall be called to the Bar in any academic year unless he has kept 3 dining terms by dining on 3 nights in each term.

19. (1) The professional discipline of legal practitioners shall be conducted in accordance with the provisions of the Act.

(2) The discipline of students shall be the responsibility of the Council of Legal Education.

20. (1) Every decision of a meeting of the Body or of any committee thereof shall, except as otherwise prescribed by or under these regulations, be by a majority of the members thereof present and voting at such meeting. There shall be no casting vote.

(2) Paragraph (1) of this regulation is subject to the provisions of these Regulations relating to the quorum either generally or for a particular purpose prescribed under these Regulations.

21. The Chairman may generally or in relation to any particular matter delegate any of his functions under these regulations to the Vice-Chairman, but nothing herein shall preclude the Chairman from exercising any such functions as may be so delegated.

22. In the Regulations-

"Body" means the Body of Benchers established by the principal Act;

"functions" includes powers and duties;

"member" means a member of the Body;

"prescribed" means prescribed in writing by the resolutions of the Body;

"dining year" means a period of 12 months beginning with 1st April in the one year and ending on 31st March in the succeeding year; and

"year", other than a dining year, means a period of 12 months beginning from 1st October and ending 30th September next following.

23. These Regulations may be cited as the Body of Benchers Regulations.

LEGAL PRACTITIONERS (REMUNERATION FOR LEGAL DOCUMENTATION AND OTHER LAND MATTERS) ORDERARRANGEMENT OF ORDERORDER1. Regulation of remuneration in legal documentation and other land matters.2. Exclusion of certain expenses, etc.3. Drafts, etc., to be client's property.4. Business requiring special exertion.5. Legal practitioner may give notice on election to charge under Scale m.6. Security against remuneration interest on disbursements, etc.7. Fees chargeable to be as specified in Scales.8. Rules for the operation of fees specified in the Scales.9. Interpretation.10. Citation and revocation.SCHEDULE

LEGAL PRACTITIONERS (REMUNERATION FOR LEGAL DOCUMENTATION AND OTHER LAND MATTERS) ORDER S.I. 7 of 1991.under section 15 (3)[15th August, 1991][Commencement.]1. Regulation of remuneration in legal documentation and other land matters The remuneration of a legal practitioner in respect of business connected with any sale, purchase, lease, mortgage and other matter of legal documentation and in respect of

other business not otherwise regulated and not being business in any action or transaction in any court, shall be regulated as follows-(a) in respect of a sale, purchase or mortgage that is completed, the remuneration of the legal practitioner having the conduct of the business shall be as prescribed in Scale I set out in the Schedule to this Order;[Schedule.](b) in respect of a lease and agreement for lease, in which the transactions have been completed, the remuneration of the legal practitioner having the conduct of the business shall be as prescribed in Scale n set out in the Schedule to this Order;(c) in respect of all other legal documentation not provided for in paragraphs (a) and (b) of this section, the remuneration of the legal practitioner having the conduct of the business shall be as prescribed in Scale ill set out in the Schedule to this Order.[Schedule.]2. Exclusion of certain expenses, etc.(a) The remuneration prescribed in Scales I and n set out in the Schedule to this Order shall not include-(a) stamps, auctioneer's or valuer's charges, travelling expenses, fees paid on searches, fees paid on registrations, costs of extracts from any register or other disbursements reasonably and properly paid;(b) any extra work occasioned by changes occurring in the course of any business such as the death, insolvency or winding up of a party to the transaction;(c) any business of a contentious nature or any proceeding in any court;(d) any application for first registration under any enactment relating to registration of any title to land or any other interest in land necessitated by a transaction for which a scale fee is payable to the legal practitioner;(e) any application for consent required under the Land Use Act but shall include any engrossing charge and allowance for the time of the legal practitioner and his clerks and copying and parchment and all other similar disbursements.[Cap. L5.](2) For the purpose of this section- ."fees paid on searches" means-(a) charges levied by any registry for permitting searches to be made; (b) charges (if any) levied by any registry for providing an official search; and(c) fees paid to a legal practitioner for making a search at a registry outside the district in which the legal practitioner having the conduct of the business carries on his practice.3. Drafts, etc., to be client's property .Drafts and copies made in the course of business for which remuneration is provided for by this Order, shall be the property of the client.4. Business requiring special exertionA legal practitioner may be allowed, in respect of any business which is required to be

and is by special exertion carried through in an exceptionally short length of time, a proper remuneration for the special exertion in accordance with the circumstances.5. Legal practitioner may give notice on election to charge under Scale Ill In all cases to which the remuneration prescribed in Scales I and II set out in the Schedule to this Order would, but for this section, be chargeable, a legal practitioner may, before undertaking any business, by writing under his hand communicated to the client, elect that his remuneration shall be in accordance with the provisions of Scale III also set out in that Schedule.6. Security against remuneration interest on disbursements, etc.(1) A legal practitioner may accept from his client, and the client may give to his legal practitioner, security for the amount to become due to the legal practitioner for business to be transacted by him and for interest on such amount but such interest shall not commence till the amount due is ascertained, either by agreement or taxation.(2) A legal practitioner may charge interest at ten per cent per annum on his disbursement and cost whether by scale or otherwise, after the expiration of one month from demand from the client; and where the disbursement and cost are payable by an infant or out of a fund not presently available, the demand may be made on the parent or guardian or the trustee or other person liable.7. Fees chargeable to be as specified in Scales(1) The fees prescribed in the Scales set out in Schedule to this Order shall be the fees chargeable for the matters stated in the Scales and they shall not be negotiable.[Schedule.](2) Any legal practitioner who contravenes the provisions of subsection (1) of this section shall be guilty of a professional misconduct and shall for that purpose appear before the Legal Practitioners Disciplinary Committee.8. Rules for the operation of fees specified in the ScalesThe operation of the provisions of Scale I or II shall in each case be subject to the rules appended to each Scale.9. InterpretationIn this Order. unless the context otherwise requires-"copying" does not include making copies required by any Government official or land registry in connection with the approval on registration of deeds;"perusal" or "peruse" means carefully reading and proffering an opinion on a document.10. Citation and revocation(1) This Order may be cited as the Legal Practitioners (Remuneration for Legal Documentation and Other Land Matters) Order.(2) The Legal Practitioners (Remuneration for Conveyancing Matters) Order 1971 is hereby revoked.[L.N. of 1971.]i SCHEDULE

[Sections 1,5 and 7.]SCALE IScale of charges on sales, purchases, and mortgages and rules applicable theretoPART I 

(1)Transaction conducted

(2) For the second and third N1,000 per N100  

(3)For the first N1,000 per N100 

(4)For the fourth and each subsequent  N1,000 up to N20,000 per N100 

(5)For the remainder without limit per N100 

  N N N N

Vendor's legal practitioner for conducting a sale of property by public auction, including the conditions of sale- 

(a)    when the property is sold(b)   when the property is not sold, then on

the reserved price2. A minimum charge of Nl00.00 is to be

made whether a sale is effected or not.3. Vendor's legal practitioner for deducing

title to leasehold property and perusing and completing legal documentation (including preparation of contract and condition of sale, (if any) ..,

4. Purchaser's legal practitioner for investigating title to leasehold property and preparing legal documentation (including perusal and completion of contract, if any)

5. Mortgagor's legal practitioner for negotiating loan

6. Mortgagor's legal practitioner for deducing title to leasehold property, perusing

  22.50 11.25 As in Part IIthereofAs in Part nthereof 11.25 As in Part nthereof 22.50 As in Part nthereof 22.50 

   5.62 5.62 

 22.50 22.50 11.25 22.50 22.60 22.50  

 3.75

    3.75 2.80 

 11.25

11.25 3.75 11.25 7.70 11.25  

 3.62

   2.80 1.48 5.00 7.50 2.50 2.50 5.00 2.50  2.80 

mortgage and completing 7. Mortgagee's legal practitioner for

negotiating loan 8. Mortgagee's legal practitioner for

investigating title to leasehold property, and preparing and completing mortgage

9. Purchaser's legal practitioner for negotiating a purchase and vendor's legal practitioner for negotiating a sale of property by private auction 

   

Consideration RemunerationN Under N200 146.75N200 or over but not exceeding N300 157.50Over N300 but not exceeding N300 173.25Over N400 but not exceeding N600 189.20Over N600 but not exceeding N700 193.75Over N700 but not exceeding N800 200.00Over N800 but not exceeding N900 213.75Over N900 but not exceeding N1,000 225.00Over N1,000 but not exceeding N1, 100 235.25Over N1,100 but not exceeding N1,200 247.50Over N1,200 but not exceeding N1,300 258.75Over N1,300 but not exceeding N1,400 270.00Over N1,400 but not exceeding N1,500 281.25Over N1,500 but not exceeding N1,600 292.50Over N1,600 but not exceeding N1, 700 301.75Over N1,700 but not exceeding N1,800 303.75Over N1,800 but not exceeding N1,900 316.25Over N1,900 but not exceeding N2,000 337.50

PART IllRules applicable to Scale I1. FractionsFractions of two hundred naira, under one hundred naira shall be reckoned as one hundred naira and fractions of two hundred naira, above one hundred naira, are to be reckoned as two hundred naira.2. Legal practitioner representing both parties to a mortgage

Where a legal practitioner is representing both mortgagor and mortgagee, he shall be entitled to charge the mortgagee's legal practitioner's fees and one half of the fees which would be allowed to be the mortgagor's legal practitioner.3. Legal practitioner representing parties with distinctive interestsIf a legal practitioner peruses a draft on behalf of several parties having distinct interests which ought to be separately represented, he shall be entitled to charge-

PART llN(a) Up to N2,000 500(b) N2,001 - NI0,OOO 750(c) NI0,001 - Nl00,OOO 1,500(d) Above NI00,000 2,5004. Party separately representedWhere a party, other than the vendor or mortgagor, joins in a legal documentation and is represented by a separate legal practitioner, the charges of the separate legal practitioner are to be dealt with under the provisions of Scale III set out in this Schedule.5. Legal documentation prepared at the same timeWhere legal documents of the same property are completed at the same time and are prepared by the same legal practitioner, he shall be entitled to charge as provided for under rule 3 of these Rules.6. Commission for sale by auctionThe commission for deducing title, perusing and completing legal documentation on a sale by auction shall be chargeable on each lot of property, but where a property held under the same title is divided into lots for convenience of sale and the same purchaser buys several lots and takes one legal document, the commission shall be chargeable upon the aggregate prices of the lots.7. Attempted sale by auction(I) The commission on an attempted sale by auction in lots shall be chargeable on the aggregate of the reserved prices.(2) When property offered for sale by auction is bought and the terms of sale are afterwards negotiated and arranged by the legal practitioner, he shall be entitled to charge a commission according to the above Scale on the reserved price where the property is not sold and also one half of the commission for negotiating the sale.(3) When property is bought and afterwards offered for sale by auction by the legal practitioner, he shall only be entitled to charge fees for the first attempted sale and, for each subsequent sale ineffectually attempted, he shall charge his fees according to the provisions of Scale III set out in this Schedule.(4) In the case of subsequent effectual sale by auction, the full commission for an effectual sale shall be chargeable in addition less one half of the commission previously

allowed on the first attempted sale.(5) The provisions of these Rules as to commission on sales or attempted sales by auction shall be subject to rule 10 of these Rules.8. EncumbrancesWhere a property is sold subject to encumbrances, the value of the encumbrances shall be deemed a part of the purchase money, except where the mortgagee purchases, in which case the charges of his legal practitioner shall be calculated on the price of the equity redemption.9. Transfer of mortgageThe scale for mortgages shall apply to transfer of mortgages where the title is investigated, but not(a) to transfers where the title was investigated by the same legal practitioner on the original mortgage or on any previous transfers; and(b) to further charges where the title has been so previously investigated, and the transfers and further charges, shall be regulated according to Scale III set out in this Schedule, but the scale for negotiating the loan shall be chargeable on such transfers and further charges as applicable.10. Sale by auction(1) The Scale for conducting a sale by auction shall apply only in cases where no commission is paid by the client to an auctioneer.(2) The scale for negotiation shall apply-(a) to cases where the legal practitioner or a vendor or purchaser arranges the sale or purchase and the price, terms and conditions thereof and no commission is paid by the client to an auctioneer's legal practitioner; and(b) to cases where the legal practitioner arranges and obtains the loan from a person for whom he acts.

SCALE IIPART IScale of charges for leases or agreements for lease at rack rent (other than a mining lease or a lease for building purposes, or agreement for the same)1. The lessor's legal practitioner's scale of charges for preparing, settling and completing the lease and counterpart shall be as follows- 

Amount of rent Amount of remuneration 

(a) where the rent does not exceed Nl00

 N37.50 on the rental but not less than N25 in any case;

(b) where the rent exceeds N100 but does not exceed Nl,000

 N7.50 in respect of the first N100 of rent and N25 in respect of each subsequent N 1 00 of rent or part thereof;

(c) where the rent exceeds Nl,000

N37.50 in respect of the first N100 of rent and N25 in respect of each N100 of rent or part thereof up to N1,000 and then N12.50 in respect of every subsequent N100 or part thereof.

 2. The lessee's legal practitioner's scale of charges for perusing draft and completing scale of charges draft shall be one half of the amount payable to the lessor's legal practitioner.PART IIScale of charges for legal document in fee or for any other legal estate reserving rent or building leases reserving rent or other leases for a term of 35 years or more at rack rent (except mining leases) or agreement for the same respectively 1. (1) The vendor's or lessor's legal practitioner's scale of charges for preparing, settling and completing legal documentation and duplicate of lease and counterpart shall be as follows-Amount of rent Amount of remuneration(a) where the rent does not exceed Nl00 N25;(b) where it exceeds NI00 but does not exceed Nl,000 the same payment as on rent of Nl00 and also 20 per cent on the excess beyond N25;(c) where it exceeds Nl,000 but does not exceed N3,000 the same payment as on a rent of N3,000 and 10 per cent on the excess beyond N750.00;(d) where it exceeds N3,000 the same payment as on a rent of N3,000 and 7.5 per cent on the excess beyond N750.00.(2) Where a varying rent is payable the amount of annual rent means the largest amount of annual rent.2. The purchaser's or lessee's legal practitioner's scale of charges for perusing draft and completing the lease shall be one half of the amount payable to the vendor's or lessor's legal practitioner. 

PART III

Rules applicable to Scale II 1. Legal practitioner acting for both lessor and lessee

Where a legal practitioner acts for both lessor and lessee, he shall charge the lessor's legal practitioner's charge and one half of those of the lessee's legal practitioner.

2. Mortgagor

Where a mortgagee or mortgagor joins in a lease, the lessor's legal practitioner shall charge N100 in addition to the fee chargeable.

3. Other parties

Where a party other than a lessor joins in a lease and is represented by a separate legal practitioner the charges of the separate legal practitioner shall be dealt with under Scale III set out in this Schedule.

4. Consideration only partly in cash

Where a lease is partly in consideration of a money payment or premium and partly of a rent, there shall be paid, in addition to the remuneration prescribed in this Scale in respect of the rent, a further sum equal to the remuneration on a purchase at a price equal to such money payment or premium.

5. Remuneration where lessee's legal practitioner prepares, completes and registers lease

Where there is no legal practitioner acting for the lessor and the lessee's legal practitioner, without acting for the lessor, attends to preparing, settling, completing and registering the lease and counterpart, he shall be entitled to the fee which would have been payable had he been acting for the lessor and to one half the lessee's legal practitioner's fees.

6. Payment of feesIn the absence of any specific agreement to the contrary between the parties, each legal practitioner shall be paid his fees by the party instructing him.

SCALE IIIAny business, not being contentious business for which the charge is prescribed by section 2 or in respect of which the legal practitioner has, in accordance with section 5 elected to charge under Scale III[Section 1.]The Scale of charges for any business not provided for elsewhere in this Order shall be such sums as may be fair and reasonable, having regard to all the circumstances of the case and in particular to-(a) the complexity of the matter or the difficulty or novelty of the questions raised;(b) the skill, labour, specialised knowledge and responsibility involved on the part of the legal practitioner;(c) the number and importance of the documents prepared or perused, without regard to

length;(d) the time expended by the legal practitioner in the business;(e) the place where and the circumstances in which the business or a part thereof is transacted;(f) the amount of money or value of property involved; and(g) the importance attached to the business by the client. 

ENTITLEMENT TO PRACTICE AS BARRISTERS AND SOLICITORS (FEDERAL HOUSING AUTHORITY) (LEGAL PRACTITIONERS) ORDER S.I.9 of 1995. 

under section 2 (3) (b) 

[12th April, 1995][Commencement.]1. Entitlement to practiceA legal practitioner who, by virtue of his employment in the Legal Services Department of the Federal Housing Authority, is the holder for the time being of any of the offices in the public service of the Federation, shall for the duration of his tenure of the said office, be entitled to practice as a barrister and solicitor for the purposes of that office.2. CitationThis Order may be cited as the Entitlement to Practice as Barristers and Solicitors (Federal Housing Authority) (Legal Practitioners) Order.

 

ENTITLEMENT TO PRACTICE AS BARRISTERS AND SOLICITORS (FEDERAL ROAD SAFETY COMMISSION) (LEGAL OFFICERS) ORDER S.I. 2 of 1997.under section 2 (3) (b)[12th February, 1997][Commencement.]1. Entitlement to practiceA legal practitioner who, by virtue of his employment in the Legal Services Unit of the National headquarters of the Federal Road Safety Commission or any of the zonal or sector commands of the Commission, is the holder for the time being of any of the offices in the public service of the Federation, shall for the duration of his tenure of the said office, be entitled to practice as a barrister and solicitor for the purposes of that office.2. Citation

This Order may be cited as the Entitlement to Practice as Barristers and Solicitors (Federal Road Safety Commission) (Legal Officers) Order.

NIGER - DELTA DEVELOPMENT COMMISSION (LEGAL OFFICERS)  (ENTITLEMENT TO PRACTICE AS BARRISTERS AND SOLICITORS)  S.I. 8 ORDER 2003

UNDER

LEGAL PRACTITIONERS ACT (CAP. 207 LFN)

Commencement: 15TH AUGUST  2003

 

In exercise of the powers conferred on me by section 2(3)(b) of the  Legal Practitioners Act and of all other powers enabling me in that behalf, I, CHIEF AKINLOLU OLUJINMI SAN, Attorney-General of the Federation,  hereby make the following Order -

1(1) The legal practitioners mentioned in the Schedule hereunder, who are for the time being holding and exercising the functions of the office of legal officers  of the Niger - Delta Development Commission shall, for the duration of the tenure of the said offices, be entitled to practice as barristers and solicitors for the purposes of the offices. In this section, reference to the office of legal officers includes any re-designation of the offices as a consequence of promotion or up- grading of the holders thereof and reference to Niger - Delta Development Commission means the  Commission  'of that name established pursuant to the Niger - Delta Development Commission ActThis Order may be cited as the Niger - Delta Development Commission (Legal Officers (Entitlement to- Practice as Barristers and Solicitors) Order 2003. SCHEDULE Section 1(1)Hon. Eze A. Nwa -Uwa, Barrister and Solicitor of the Supreme Court of Nigeria.Mr. Kaltungo Moljengo Barrister and Solicitor of the Supreme Court of Nigeria.

Mr. Stephen Ighomuaye, Barrister and Solicitor of the Supreme Court of Nigeria.

Miss Stella Oputa,

Barrister and Solicitor of the Supreme Court of Nigeria.

MADE at Abuja this 15TH AUGUST  2003

CHIEF AKINLOLU OLUJINMI SAN

Attorney-General of the Federation,

 

ENTITLEMENT TO PRACTICE AS BARRISTERS AND SOLICITORS (NATIONAL ASSEMBLY OFFICE) (LEGAL PRACTITIONERS) ORDER S.I. 8 of 1995.

under section 2 (3) (b)

[12th April, 1995]

[Commencement

1. Entitlement to practice

A legal practitioner who, by virtue of his employment in the Legal Services Department of the National Assembly Office, is the holder for the time being of any of the offices in the public service of the Federation, shall for the duration of his tenure of the said office, be entitled to practice as a barrister and solicitor for the purposes of that office.

2. Citation

This Order may be cited as the Entitlement to Practice as Barristers and Solicitors (National Assembly Office) (Legal Practitioners) Order.

1 See generally Subsidiary Legislation: Legal Practitioners (Disciplinary Committee (Amendment) Rules S.I. 17 1994; Entitlement To Practice As Barristers And Solicitors (Federal Officers) Order S.I. 10 1992 And Entitlement To Practice As Barristers And Solicitors (Federal Road Safety Commission) (Legal Officers) Order S.I 2 1997; Appointment of a Caretaker Committee of the Nigerian Bar Association Public Notice No. 1 1995; Legal Practitioners (Special facilities to practice in Nigeria) Regulations L.N. 35 1968; Senior Advocates of Nigeria (Privileges and Functions) Rules L.N.40 1979; Body of Benchers Regulations S.I. 26 1983; Legal Practitioners (Disciplinary Committee Rules L.N.69 1965; Legal Practitioners (Disciplinary Committee (Amendment) Rules S.I. 17 1994; Legal Practitioners Regulation and other professions (Private Practice Prohibition) (Law Lecturers Exemption) (No.2) Order S.I.12 1992; Legal Practitioners (Remuneration for Legal Documentation and other Land Matters) Order S.I. 7 1991; Rules of Professional Conduct in the Legal Profession G.N. 69 1980; LEGAL PRACTITIONERS (AMENDMENT) (REPEAL) DECREE NO. 43 1998; See also Entitlement to practice as barristers and Solicitors (Federal Officers) Order s.i. 10 1992 -commencement - 18th November 1992

and Entitlement to practice as barristers and Solicitors (Federal Road Safety Commission) (Legal Officers) Order S.I 2 1997 -commencement - 12th February 1997

2 See amendment in LEGAL PRACTITIONERS AMENDMENT Decree No. 21 1994 REPEALED BY LEGAL PRACTITIONERS (AMENDMENT) (REPEAL) DECREE NO. 43 1998LEGAL PRACTITIONERS (AMENDMENT) DECREE NO. 2 1990

2a Deleted by LEGAL PRACTITIONERS (AMENDMENT) DECREE NO. 9 1992

3 See amendment in LEGAL PRACTITIONERS (AMENDMENT) DECREE NO. 9 1992

4 See amendment in LEGAL PRACTITIONERS AMENDMENT Decree No. 21 1994 REPEALED BY LEGAL PRACTITIONERS (AMENDMENT) (REPEAL) DECREE NO. 43 1998

5 See amendment in LEGAL PRACTITIONERS AMENDMENT Decree No. 21 1994 REPEALED BY LEGAL PRACTITIONERS (AMENDMENT) (REPEAL) DECREE NO. 43 1998

6 See amendment in LEGAL PRACTITIONERS AMENDMENT Decree No. 21 1994 REPEALED BY LEGAL PRACTITIONERS (AMENDMENT) (REPEAL) DECREE NO. 43 1998

7 Initially AMENDED By Latter Decree REPEALED BY AND SECTION Amended by LEGAL PRACTITIONERS (AMENDMENT) DECREE NO. 31 1999

8 Deleted by LEGAL PRACTITIONERS (AMENDMENT) DECREE NO. 31 1999

9 Subsections 3 and 4 as renumbered by LEGAL PRACTITIONERS (AMENDMENT) DECREE NO. 31 1999

10 See amendment in LEGAL PRACTITIONERS AMENDMENT Decree No. 21 1994 REPEALED BY LEGAL PRACTITIONERS (AMENDMENT) (REPEAL) DECREE NO. 43 1998

11 See new insertion and repeal in LEGAL PRACTITIONERS AMENDMENT Decree No. 21 1994 REPEALED BY LEGAL PRACTITIONERS (AMENDMENT) (REPEAL) DECREE NO. 43 1998

1[1][1] Substituted by LEGAL PRACTITIONERS (AMENDMENT) (No. 2) DECREE NO. 77 1992

 

1

CONSTITUTION OF THE NIGERIAN BAR ASSOCIATION

(Adopted at the Delegates Conference held in Calabar on 31stAugust, 2001)TABLE OF CONTENTSSECTIONS1. Name …….. ………. …… 2. Head Office ……... ………. …… 3. Membership ……… ………. …… 3.2(a) Full membership3.2(b) Honorary membership4. Aims and objects5. Supreme Authority6. Annual General Conference/EmergencyGeneral Meetings7. Delegates Conference8. General Council of the Bar9. National Executive Committee10. National Officers11. Qualification to Hold a National Office12. Disqualification from Holding any National Office13. Duties of Officers13.1 President13.2 (a) The First Vice President13.2 (b) The Second Vice President13.2 (c) The Third Vice President13.3 General Secretary13.4 First Assistant Secretary13.5 Second Assistant Secretary13.6 Treasurer13.7 Welfare Secretary13.8 Financial Secretary13.9 Assistant Financial Secretary13.10 Publicity Secretary

13.11 Assistant Publicity Secretary13.12 Legal Adviser14. (a) Standing Committees(b) Ad-hoc Committees15. Branches16. Sections17. Discipline18. Funds of the Association19. Practising Fees20. Other subscriptions, Branch Dues and Levies21. Finance22. Trustees23. Amendment

FIRST SCHEDULEBYE-LAW1. Journals2. Editorial Board3. National Executive Committee4. Meetings: Notice and Agenda5. AmendmentSECOND SCHEDULESTANDING ORDERSELECTIONSAMENDMENTSTHE CONSTITUTION OF THE NIGERIAN BAR ASSOCIATION1. NAMEThe Association shall be called The Nigerian Bar Association.2. HEAD OFFICE/NATIONAL SECRETARIATThe National Secretariat of the Association shall be situated at the Federal Capitalof Nigeria, provided that the Association may maintain liaison offices in othertowns as the National Executive Committee may decide from time to time.3. MEMBERSHIP3.1 There shall be two categories of membership; viza) Full membership, andb) Honorary membership3.2 (a) FULL MEMBERSHIP(i) A full member of the Association shall be any person dulyenrolled at the Supreme Court of Nigeria as a legal

practitioner and duly registered with one Branch of theAssociation.(ii) Notwithstanding the provision of Article 3.2 (a) (i) anymember who fails or neglects to pay the prescribed AnnualPractising Fees before the end of March in each year shallfor as long as he/she remains in default, have no right:(a) of audience in any court.(b) to prepare, authenticate or frank any legaldocuments including Memorandum and Articles ofAssociation.(c) to hold any office whatsoever by virtue of his/herqualification as a legal practitioner.(d) to vote or be voted for at any election of theassociation.(iii) A failure or neglect to pay the Annual Practising Fees, asand when due, shall be deemed to be an act of professionalmisconduct.(b) HONORARY MEMBERSHIP(i) The honorary member members of the Association shall beany member of the Legal Profession within or outsideNigeria who is admitted as such by the Annual GeneralConference on the recommendation of the NationalExecutive Committee, and shall include serving and retiredjudges and magistrates.(ii) Such an honorary member may attend and, if permitted bythe presiding officer, speak at any Annual GeneralConference or other meeting of the Association.(iii) An Honorary member of the Association shall not berequired to pay any subscription, dues or levies, and shallnot be entitled to be a National Officer of the Association.4. AIMS AND OBJECTSThe aims and objects of the Association shall be the :(a) Maintenance and defence of the integrity and independence of the Bar andthe Judiciary in Nigeria.(b) Promotion and advancement of Legal Education, Continuing LegalEducation, Advocacy and Jurisprudence.(c) Improvement of the system of administration of justice, its procedures andthe arrangement of court business and regular law reporting.(d) Establishment, maintenance and efficient operation of a system of promptand efficient legal aid and assistance for those in need but who are unable

to pay for same.(e) Promotion and support of law reform.(f) Maintenance of the highest standards of professional conduct, etiquetteand discipline.(g) Promotion of good relations among the members of the Association andbetween them and lawyers of other countries.(h) Promotion of co-operation between the Association and other National orInternational Law Organisations and such other bodies as may beapproved by the National Executive Committee.(i) Encouragement and protection of the right of access to courts atreasonably affordable fees and of representation by council before courtsand tribunals.(j) Encouragements of the establishment of a National Law Library.(k) Promotion and protection of the principles of the rule of law and respectfor an enforcement of fundamental rights, human rights and people’srights.(l) Creation of schemes for the encouragement of newly qualified membersand assistance to aged or incapacitated members of the Association.(m) Establishment of schemes for the promotion of the welfare, security andeconomic advancement of members of the legal profession.(n) Creation and maintenance of an Endowment Fund for the properobservance and discharge of any of these aims and objects.5. SUPREME AUTHORITYThe Supreme Authority of the Association shall be exercised by the AnnualGeneral Conference or an Emergency General Meeting of the Association.6. ANNUAL GENERAL CONFERENCE/EMERGENCY GENERAL MEETINGS6.1 The Annual General Conference shall hold on such dates in the month ofAugust as may be determined by the National Executive Committee.6.2 An Emergency General Meeting to deliberate on specific issues may besummoned at such time and place as may be decided by the NationalExecutive Committee.6.3 Election of National Officers shall be held biennially at the AnnualGeneral Conference for a two year term without any right of re-election tothe same office.6.4 (i) On the receipt at the National Secretariat of the Association ofa requisition, signed by not less than 100 members of theAssociation from not less than 1/3 of the registered branches of theAssociation, calling for an Emergency General Meeting of theAssociation, the President shall direct in writing the GeneralSecretary to summon an Emergency \meeting of the National

Executive Committee;(ii) Such a National Executive Committee Meeting shall hold withintwo weeks of the date of the receipt of the requisition:(iii) The requisition shall state in clear details the matters that need tobe deliberated upon;(iv) Four weeks after the receipt of such a requisition, the Presidentshall direct the General Secretary to convene an EmergencyGeneral Meeting of the Association to hold at such place and timeas may be decided by the National Executive Committee todeliberate upon the matters stated in the requisition together withany other matters as may be decided by the National ExecutiveCommittee;(v) The National Executive Committee shall not be obliged to act onany requisition received less than eight weeks before the date ofthe Annual General Conference of the Association but may insteadinclude such matters stated in the requisition as part of the businessto be deliberated upon at the Annual General Conference.6.5 Decisions at any Annual General Conference/Emergency General Meetingshall be by a simple majority on a show of hands of members present andvoting except on the election of National Officers, or any other issues asmay be decided by the Conference or National Executive Committee,when it shall be by secret ballot.6.6 THE STANDING ORDERS contained in the Schedule to this Constitutionshall govern the conduct of any deliberations at Annual GeneralConference or Emergency General Meetings.6.7 The quorum at any Annual General Conference or Emergency GeneralMeeting shall be at least 300 members from at least 1/3 of the registeredBranches of the Association.6.8 Attendance at the Annual General Conference or Emergency GeneralMeeting shall be opened to all members of the Association save those indefault of payment of their appropriate practicing fees as at 1st day ofApril in a conference year.7. DELEGATES CONFERENCEFor purposes of the election of National Officers, Constitutional Amendments,Making of Bye-Laws and Standing Orders, a Delegates Conference shall holdwith only the following in attendance:-(a) National Officers and National Executive Committee members.(b) 5 delegates from each registered Branch of the Association.(c) 2 co-opted deserving elder members of the Association from eachregistered Branch

(d) All Senior Advocates of Nigeria.(e) All Honourable Benchers.(f) One additional delegate for every 100 members of a registered Branchshowing evidence of payment of annual practising fees as at 1st April inthe year of the conference/meeting.(g) In any conference year, where there is no registered Branch of theAssociation in existence in any State of the Federation, where there arelegal practitioners, such a state shall be considered for the purpose ofvoting only as a Branch and shall be entitled to such minimum number ofdelegates as hereinbefore provided.(h) The accredited delegates mentioned in Article 7(a) to 7(g) above shall bethe only persons eligible to VOTE whenever the need for so doing arisesduring the conference, provided that a delegate who is not up to date withthe payment of his/her prescribed practising fees and other Branch duesand levies as at the 1st day of April preceding the Conference shall bedisqualified from voting or being voted for.8. GENERAL COUNCIL OF THE BAR8(a) The statutory powers of the General Council of the Bar as providedpursuant to the Legal Practitioners Act, Cap 207, Laws of the Federationof Nigeria, 1990 shall not include :-(i) Any control over the budget or finance of the Nigeria BarAssociation.(ii) The power to appoint representatives of the Association to anyStatutory, Executive/Judicial or other bodies.(iii) The power to issue any statements purporting to express the viewof the Association upon any matter of public interest or any matteraffecting the interest of the Legal Profession generally.(iv) The power to make any arrangements whatsoever (including thedrawing up of an Agenda or choice of venue) for the AnnualGeneral Conference or any other General Meeting of theAssociation.8(b) Any decision of the General Council of the Bar made in pursuance of itspowers over the general management of the affairs of the Association maybe reviewed or modified by the Annual General Conference or at anyother General Meeting of the Association.8(c) Without prejudice to Article 8(b) above, if at any time, due to unavoidablecircumstances or any emergency, an election cannot be held at theappropriate time in the biennial General Conference or the NationalExecutive Committee is incapable, of functioning, the General Council ofthe Bar shall be convened with powers to constitute a 10 member

caretaker committee of members of the Association to run the affairs ofthe Association for not more than the unexpired tenure of the NationalOfficers or until the next Annual General Conference (whichever isshorter), where new National Officers shall be elected.8(d) The General Council of the Bar acting under Article 8(c) hereto shall notbe subject to any limitation of its powers as under section 1(1) of the LegalPractitioners Act, Cap. 207, Laws of the Federation of Nigeria, 1990 untilthe expiration of the unavoidable circumstances or emergency.9. NATIONAL EXECUTIVE COMMITTEE9(a) The National Executive Committee shall comprise the following only :(i) National Officers(ii) All past Presidents and General Secretaries.(iii) All Chairmen and Secretaries of registered Branches.(iv) One (1) other representative of each registered Branch.(v) Other deserving members of the Association who are over 10 yearspost call and are co-opted by the National Executive Committeeprovided always that the total number shall not exceed 120members in the following categories:(1) Senior Advocates of Nigeria - 20(2) Senior Members - 50(3) Special interest groups/active members - 509(b) The National Executive Committee shall meet at least once in a quarter atsuch times and places as may be decided by the National ExecutiveCommittee.9(c) The quorum for the meetings of the National Executive Committee shallbe 50 members, provided that not less than ¼ of the total registeredBranches of the Association are present and represented.9(d) On the requisition of at least 75 members of the National ExecutiveCommittee, which said requisition shall clearly state the matters sought tobe considered, a meeting of the National Executive Committee shall becalled by the President or the General Secretary within 2 weeks of thereceipt of the requisition.9(e) Subject to the provisions of the Legal Practitioners Act and otherprovisions of this Constitution, the National Executive Committee shallexercise and execute the following powers and functions:(i) To exercise control and management over the finances of theAssociation including the Appointment of suitable Banks forpurpose.(ii) To exercise the powers of the Association with respect to theappointment of representatives to any Statutory, Executive/Judicial

Commissions or other bodies.(iii) To express the views of the Association upon any matters of publicinterest or upon any matters of general interest to the LegalProfession.(iv) To make all necessary arrangements for the Annual GeneralConference or for any other General Meeting of the Association.(v) To appoint a Director of Administration for the Association.(vi) To cause the accounts of the Association to be audited annually bya competent professional firm of auditors who shall be appointedby the Annual General Conference or an Emergency GeneralMeeting of the Association.(vii) The National Executive Committee may appoint one of theirmembers or a suitable member of the Association to fill and/orperform the duties pertaining to a vacant office, which saidvacancy may occur due to mental or physical infirmity or any othercause.(viii) Generally to exercise all the powers vested in the Association(except those powers reserved for an Annual General Conferenceor Emergency General Meeting of the Association) so as topromote and carry out the aims and objectives of the Associationas contained in this Constitution, and in particular when the needarises to apply for and receive donations on behalf of theAssociation.9(f) Consensus shall be the aim of the National Executive Committee but if itbecomes necessary to put any questions to vote then it shall be decided bya simple majority based on a show of hands PROVIDED however that theNational Executive Committee may resolve to decide any specific issue bysecret ballot.9(g) Any member who is absent from three consecutive meetings of theNational Executive Committee shall cease to be a member of the NationalExecutive Committee unless he/she shows reasonable cause for suchabsence to the satisfaction of the National Executive Committee, providedhowever that if the defaulting member is a National Officer he/she shall bedeemed to have vacated his office.10. NATIONAL OFFICERS10(a) The National Officers of the Association shall be elected at the BiennialGeneral Conference as provided in Article 6(3) of this Constitution for asingle term of two years.10(b) The National Officers of the Association shall be –(i) The President

(ii) The First Vice-President(iii) The Second Vice-President(iv) The Third Vice-President(v) The General Secretary(vi) The First Assistant Secretary(vii) The Second Assistant Secretary(viii) The Treasurer(ix) The Welfare Secretary(x) The Financial Secretary(xi) The Assistant Financial Secretary(xii) The Publicity Secretary(xiii) The Assistant Publicity Secretary(xiv) The Legal Adviser11. QUALIFICATION TO HOLD A NATIONAL OFFICEA member of the Association shall be qualified to hold a National Office if:-(i) He/She is a full member of the Association and has paid as at the date ofhis/her nomination his/her practising fees as and when due for the pastthree consecutive years and also paid his/her annual Branch subscriptionsand levies up to 1st April in an election year.(ii) He/She is in full time private legal practice.(iii) He/She has at any time prior to his/her nomination been a member of theNational Executive Committee or Branch Executive Committee asindicated hereunder :-(a) For contestants for the offices of President, First Vice President,Second Vice President and Third Vice President – for not less than2 years.(b) For contestants for the offices of General Secretary, Treasurer,Financial Secretary, Publicity Secretary, Legal Adviser andWelfare Secretary – for not less than 2 years.(c) For contestants for the offices of 1st Assistant Secretary, 2ndAssistant Secretary, Assistant Financial Secretary and AssistantPublicity Secretary on their Branch Executive Committee for notless than two years.(iv) He/She has satisfied the post enrolment requirement specified hereunder,viz,(a) President, First Vice-President, Second Vice President and ThirdVice President – not less than 15 years.(b) General Secretary – not less than 10 years.(c) Treasurer, Publicity Secretary, Financial Secretary, WelfareSecretary and Legal Adviser – not less than 10 years.

(d) First Assistant Secretary – not less than 8 years.(e) Second Assistant Secretary, Assistant Publicity Secretary andAssistant Financial Secretary – not less than 5 years.(f) No serving President or other National Officer shall canvass orsolicit for appointment in government or if offered must decline,otherwise he/she shall be deemed guilty of professionalmisconduct and shall not attend or speak at any meeting of theAssociation for such conduct, provided that the provisions of thissub article shall not apply to members of the Association who areserving as representatives of the Association on the ExecutiveBodies/Commissions established under the Constitution of theFederal Republic of Nigeria as well as members serving as non-Executive Directors/Board Members of Statutory Corporations andGovernment-owned Companies.12. DISQUALIFICATION FROM HOLDING ANY NATIONAL OFFICEA member shall not be qualified to hold any NATIONAL OFFICE in theAssociation if during election campaigns:-(i) There is evidence that he/she is sponsored by or has received any financialassistance or inducement from any government of the Federation, ormembers, organizations or bodies corporate or if the candidate underwritesa voting conference delegate’s travel, board or lodging expenses;(ii) He/She sponsors or is associated with sponsoring a Newspaper orMagazine article or any electronic broadcast, vilifying other candidates orextolling a candidate’s virtues;(iii) Being a National Officer he/she has been elected to a single two year termand is running for succession in that same office.PROVIDED HOWEVER that a Registered Branch may sponsor its delegates toan Annual General Conference of the Association if none of such delegates is acandidate for any National Office.13. DUTIES OF OFFICERS13(1) PRESIDENTThe duties of the President shall include :-(a) Presiding at Annual General Conference or Emergency and otherGeneral Meetings of the Association and Meetings of the NationalExecutive Committee.(b) Directing the summoning of Meetings of the National ExecutiveCommittee either on his/her own initiative or in accordance withthe decision of the National Executive Committee or on therequisition of members in accordance with Article 6(4) of thisConstitution.

(c) Directing all other Officers of the Association in the performanceof their duties and coordinating the activities of all Branches of theAssociation.(d) Providing direction and leadership to all Committees of theAssociation.(e) Presenting at the Annual General Conference a presidential addressin writing to highlight the accomplishments, problems, prospectsand future direction of the Association.(f) Acting as the principal spokesman of the Association.(g) Ensuring with the assistance of the General Secretary and theTreasurer the efficient and economic use of the Association’sAssets and Resources through prudent investments, acquisitionsand disposals as may be necessary from time to time subjecthowever to the overall approval of the National ExecutiveCommittee.13(2) VICE PRESIDENTS(a) THE FIRST VICE PRESIDENT(i) Shall in the absence of the President preside at all meetings inwhich the President is empowered to preside by the provisions ofthis Constitution.(ii) Shall be responsible for the co-ordination of the activities of thegroup of Branches as may be assigned to him/her by the NationalExecutive Committee and shall pay periodic visits to the Branchesso assigned to him/her such that he/she would have visited eachsuch Branch at least once during each year and shall make periodicreports to the National Executive Committee on such visits.(iii) Shall encourage and supervise the formation of new Brancheswithin his/her zonal supervisory jurisdiction in line with theguidelines set out in this Constitution.(iv) Shall perform all other duties as he/she may be directed by thePresident or the National Executive Committee or the AnnualGeneral Conference or which the President is unable to performowing to ill health, old age, absence form the country or any otherreason.(b) THE SECOND VICE-PRESIDENT(i) Shall in the absence of the President and First Vice Presidentpreside at all meetings of the Association in which the President isempowered to preside by the provisions of this Constitution.(ii) Shall be responsible for the co-ordination of the articles of thegroup of Branches as may be assigned to him/her by the National

Executive Committee and shall pay periodic visits to the Branchesso assigned to him/her such that he would have visited each suchBranch at least once during each year and shall make periodicreports to the National Executive Committee on such visits.(iii) Shall encourage and supervise the formation of new Brancheswithin his/her zonal supervisory jurisdiction in line with theguidelines set out in this Constitution.(iv) Shall perform all other duties as he/she may directed by thePresident or the National Executive Committee or the AnnualGeneral Conference.(c) THE THIRD VICE PRESIDENT(i) Shall in the absence of the President, 1st Vice President, and 2ndVice President preside at all meetings in which the President isempowered to preside by the provisions of this Constitution.(ii) Shall be responsible for the co-ordination or the activities of thegroup of Branches as may be assigned to him/her by the NationalExecutive Committee and shall pay periodic visits to the Branchesso assigned to him/her such that he/she would have visited eachsuch Branch at least once during each year and shall make periodreports to the National Executive Committee on such visits.(iii) Shall encourage and supervise the formation of new Brancheswithin his/her zonal supervisory jurisdiction in line with theguidelines set out in this Constitution.(iv) Shall perform all other duties as he/she may be directed by thePresident or the National Executive Committee or the AnnualGeneral Conference.(d) In the absence of the President and the Vice Presidents, the most seniormember of the National Executive Committee present shall preside at anymeeting of the Association at which the President is entitled to preside.13(3) GENERAL SECRETARYThe General Secretary under the overall direction of the President shall be incharge of the National Secretariat and other offices of the Association and his/herduties shall include the following :(a) He/She shall on the instruction of the President or in accordance with aprevious decision of the National Executive Committee or pursuant to arequisition made in accordance with the provisions of this Constitutionsummon the Annual General Conference, Meetings of the NationalExecutive Committee or other meetings of the Association.(b) He/She shall record and keep the minutes including attendance andsummary of all decisions taken threat.

(c) He/She shall write and dispatch circulars, letters, and othercorrespondences of the Association including that of the NationalExecutive Committee.(d) He/She shall keep a roll of members and an up to date list of Branches ofthe Association.(e) He/She shall furnish an annual return or special reports of the activities ofthe Association or any of its organs at the Annual General Conference.(f) He/She shall be an ex-officio member of all committees of theAssociation.(g) He/She shall perform all other duties as may be assigned to him/her by thePresident or the National Executive Committee or the Annual GeneralConference.13(4) FIRST ASSISTANT SECRETARY(i) He/She shall assist the General Secretary in the performance of his/herduties and shall in the absence of the General Secretary act in his/herplace.(ii) He/She shall perform all other duties as may be assigned to him/her by thePresident, the General Secretary, the National Executive Committee or theAnnual General Conference.13(5) SECOND ASSISTANT SECRETARY(i) He/She shall assist the General Secretary and the First Assistant Secretaryin the performance of their duties and shall in the absence of the GeneralSecretary and First Assistant Secretary act in the place of the GeneralSecretary.(ii) He/She shall perform all other duties as may be assigned to him/her by thePresident, the General Secretary, the National Executive Committee or theAnnual General Conference.13(6) TREASURERThe duties of the Treasurer shall be as follows:(a) He/She shall receive, collect and pay to the Association’s bankers allmonies collected for the Association or paid to the Association from anysource whatsoever.(b) He/She shall carry out any decision or directive of the Annual GeneralConference in matters relating to the budget or finances of theAssociation.(c) He/She shall prepare or cause to be prepared and submitted to the FirstMeeting of the National Executive Committee an annual budgetcontaining the estimated revenue and expenditure of the Association forthe period 1st September of every year to 31st August of the followingyear.

(d) He/She shall invest the monies of the Association in such securities asmay be approved by the National Executive Committee.(e) He/She shall circulate to every member of the National ExecutiveCommittee the audited accounts and balance sheet for the preceding year.(f) He/She shall submit an annual report to the Annual General Conference towhich shall be attached the audited accounts and balance sheet for thepreceding year.(g) He/She shall perform all other duties as may be assigned to him/her by thePresident or the National Executive Committee or the Annual GeneralConference.13(7) WELFARE SECRETARYThe duties of the Welfare Secretary shall be as follows:(a) He/She shall monitor the welfare and interest of members of theAssociation.(b) He/She shall bring to the notice of the National Officers and the NationalExecutive Committee any matter concerning the welfare of any member ofthe Association whether within or outside the country with a view toprotecting and preserving their rights, privileges and welfare.(c) He/She shall be responsible for managing the programme of assistance forincapacitated or aged members of the Association.(d) He/She shall be responsible for supervising the insurance and endowmentprogrammes of the Association.(e) He/She shall perform all other duties as may be assigned to him/her by thePresident or the National Executive Committee or the Annual GeneralConference.13(8) FINANCIAL SECRETARYThe duties of the Financial Secretary shall be as follows:(a) He/She shall be in constant touch with the Branches and their Officers toensure that all their members pay their annual dues, practicing fees,subscriptions and levies, as and when due.(b) He/She shall bring compile and circulate a list of members who have paidor are in default in respect of their practicing fees in each year and takesteps to circulate such list to the Annual General Conference, the NationalExecutive Committee, the various courts in the country, Corporate AffairsCommission and statutory bodies as may be decided from time to time bythe National Executive Committee.(c) He/She shall collect any pay all monies of the Association to the Treasurerpromptly and keep records of such receipts and payments.(d) He/She shall perform all other duties as may be assigned to him/her by thePresident or the National Executive Committee or the Annual General

Conference.13(9) ASSISTANT FINANCIAL SECRETARY(a) He/She shall assist the Financial Secretary in the performance of his/herduties and shall in the absence of the Financial Secretary act in his/herplace.(b) He/She shall perform all other duties as may be assigned to him/her by thePresident or the National Executive Committee of the Annual GeneralConference.13(10) PUBLICITY SECRETARYThe duties of the Publicity Secretary shall be as follows:(a) He/She shall ensure adequate and prompt publicity of the activities of theAssociation.(b) He/She shall present a good and progressive image of the Association tothe public.(c) He/She shall issue releases and statements on matters of general interest tothe Association and the public after consultation with the President or theNational Executive Committee.(d) He/She shall perform all other duties as may be assigned to him/her by thePresident or the National Executive Committee or the Annual GeneralConference.13(11) ASSISTANT PUBLICITY SECRETARYThe duties of the Assistant Publicity Secretary shall be as follows:(a) He/She shall assist the Publicity Secretary in the performance of his/herduties and shall in the absence of the Publicity Secretary act in his/herplace.(b) He/She shall perform all other duties as may be assigned to him/her by thePresident or the National Executive Committee or the Annual GeneralConference.13(12) LEGAL ADVISERThe duties of the Legal Adviser shall be as follows:(a) He/She shall advise the Association, its Officers, Committees, organs oragents and shall represent or protect the interests of the Association inCourts, Tribunals, Judicial Inquiries or proceedings, provided that theNational Executive Committee may engage any other Counsel of theirchoice as the need arises from time to time.(b) He/She shall perform all other duties as may be assigned to him/her by thePresident or the National Executive Committee or the Annual GeneralConference.14 (a) STANDING COMMITTEESThe Association shall have the following Standing Committees:

(i) Finance Committee(ii) Editorial Board Committee(iii) Welfare Committee(iv) Disciplinary Committees(v) Human Rights Committee(vi) Law Reform Committee(vii) Legal Education Committee(viii) Judiciary Committee, and such other committees as may be createdby the National Executive Committee or General Conference fromtime to time.(b) AD-HOC COMMITTEESThe National Executive Committee may constitute Committees other thanthose listed above to deal with such issues and matters as circumstancesmay dictate; and the Committees so CONSTITUTED shall havesuch powers and exercise such functions as the National ExecutiveCommittee may determine.c) Membership of each Committee shall be determined by the NationalExecutive Committee from time to time.(d) The provisions of the Bye-Laws in the Schedule to this Constitution formpart of and shall have the same effect as any of the other provisionscontained therein.15. BRANCHES15(i) (a) There shall not be more than one Branch of theAssociation in any Judicial Division of the High Court of nayState.(b) Nothing in this Constitution shall debar all the Branches in anyState from holding joint meetings/consultations to discuss mattersof common interest for the overall good of the Nigerian BarAssociation and its members.(c) A Branch of the Association shall consist of not less than 25registered members who have their principal places of practice orresidence within the Judicial Division where the Branch is situated.(d) A member shall join the Branch within the judicial division wherehe/she has his/her principal place of practice or residence, providedthat no member shall belong to more than one Branch.(e) A member having his/her place of practice or residence in aJudicial Division in which there is no Branch may register asmember in a Branch nearest to him/her.(f) An application to form a Branch shall be signed by not less than 25members and submitted to the General Secretary.

(g) The National Executive Committee shall consider and if satisfiedapprove the application.(h) The National Executive Committee may withdraw the recognitionof nay Branch where the membership falls below the minimum.Provided that where the Branch is dormant for a period of threeyears, the National Executive Committee may dissolve theExecutive of that Branch and conduct a fresh election.(i) Every Branch shall hold a General Meeting monthly and a biennialgeneral meeting at which Branch Officers shall be elected and areturn of same made to the General Secretary.(j) Every Branch shall forward a programme and record of itsactivities to the General Secretary quarterly.(k) Every Branch shall carry out the directives of the Annual GeneralConference or the National Executive Committee of theAssociation.(l) Every Branch shall have a Chairman and Secretary and such otherofficers as may be necessary.(m) Branches shall have the power to impose levies or subscriptions todefray the expenses for running their affairs, and a member indefault shall be subject to the same sanction as provided under thisConstitution.(n) Every Branch shall keep an up-to-date list of its members andforward such list to the General Secretary before the end of July ineach year.(o) A Branch may have its own Bye-Laws which shall come into forceafter its approval by the National Executive Committee providedthat the parts of the Bye-Laws which are inconsistent with anyprovision of this Constitution shall to the extent of suchinconsistency be void.(ii) No Branch, officer, or member thereof shall hold itself/himself out asrepresenting the Association in any respect or take any action in the nameof the Association without the prior consent and approval of the NationalExecutive Committee.16. SECTIONS(i) The National Executive Committee of the Association may form sectionsto advance the aims and objects of the Association. The Bye-Laws of anysuch section, and any amendments thereto, shall be subject to the approvalof the National Executive Committee.(ii) No section, section committee or any of their officers or otherrepresentatives, shall represent the Association or hold themselves out as

representing the Association in any respect, or take any action in the nameof the Association except as authorised by the National ExecutiveCommittee.17. DISCIPLINEThe Branches shall have the power to investigate reports of professionalmisconduct against their members and if need be send a report of the findings tothe Chairman of the Disciplinary Committee as provided under the LegalPractitioners Act and the General Secretary of the Association.18. FUNDS OF THE ASSOCIATIONThe funds of the Association may be derived from the following sources namely:-(i) Bar practising fees payable by members;(ii) Levies as may be approved by the National Executive Committee;(iii) Grants;(iv) Donations;(v) Endowment funds as may be approved by the National ExecutiveCommittee; and(vi) Investments of the Association.19. PRACTISING FEES(i) Every full member shall pay annually, by the 31st day of March, practisingfees as may be determined from time to time by the National ExecutiveCommittee of the Association and published in the Official Gazette of theGovernment of the Federal Republic of Nigeria.(ii) The National Executive Committee may from time to time and as may beapproved by the Annual General Conference add to, review, amend oralter the annual practising fee payable by full members of the Association.20. OTHER SUBSCRIPTIONS BRANCH DUES AND LEVIES(i) Other subscriptions payable by members shall include fees and levies asmay be approved by the Annual General Conference or the NationalExecutive Committee.(ii) Any Branch of the Association may impose and charge dues and leviespayable by its members thereof for the purpose of running the Branch.21. FINANCE(a) All monies belonging to the Association shall be kept in its name withsuch reputable bankers as the National Executive Committee shall appoint.(b) There shall be three Principal signatories to the Association’s accountsnamely, the President, the General Secretary and the Treasurer, any two ofwhom may sign.(c) No expenditure shall be incurred for nay purpose unless such expenditurehas been approved generally by the National Executive Committee in theannual budget or any supplementary budget of the Association. Provided

that in any case of serious urgency, the Treasurer in consultation with thePresident and the General Secretary may authorize such expenditure intheir discretion and afterwards seek covering approval from the NationalExecutive Committee, provided further, always that the exercise of suchdiscretion shall be limited to the recurrent expenditure of the monthimmediately preceding.(d) The General Secretary may hold as imprest such amount as may beapproved by the National Executive Committee from time to time.(e) The National Executive Committee may invest the funds of theAssociation in government securities or such other securities.(f) If the Auditor surcharges any officer or member of the Association withthe payment of any amount, the National Executive Committee may servea notice upon such person to pay the amount surcharged within a periodnot being less than fourteen days after service of such notice uponhim/her. Upon such person failing to pay the amount, the NationalExecutive Committee may authorize that legal proceedings be taken toenforce payment.22. TRUSTEESSubject to the ratification of the Annual General Conference, the NationalExecutive Committee is empowered to appoint Trustees or Committees to raisemoney to develop the property of the Association in the best interests of theAssociation. The Trustees shall hold office for six years or until resignation unlessremoved from office by a resolution of the National Executive Committee forreasonable cause.(a) The number of Trustees shall be six and all properties of the Association,freehold or leasehold, or other interest in land acquired for the use andbenefit of the Association shall be vested in them.(b) The Trustees shall deal with the property of the Association as directed inwriting by a Resolution of the Annual General Conference.23. AMENDMENTThis Constitution shall not be amended except at an Annual General Conferenceof the Association by a two-thirds majority of those present and entitled to vote,provided that two-thirds of the Branches of the Association are represented ANDprovided further that at least 60 days notice of the proposed amendment shallhave been given to the General Secretary who shall have circulated same todelegates at least 30 days before the proposed amendment is tabled for discussionat the Annual General Conference. For the avoidance of doubt, two thirdsmajority of members present and voting shall be approximated to the nearestwhole number.Adopted at the Delegates Conference held in Calabar on 31st August, 2001.

O.C.J. OKOCHA, ESQ. (SAN, JP)PHILLIP NDUBUISI UMEH, ESQGENERAL SECRETARYFIRST SCHEDULEBYE-LAWS1. JOURNALSThe Association shall have power to publish legal journals in pursuance of Article4(b) of the Constitution.2. EDITORIAL BOARD(a) The members of the Editorial Board shall be active members of theAssociation.(b) The National Executive Committee shall appoint 3 but not more than 5suitable members of good standing to be Board members of theAssociation’s Journal.(c) The National Executive Committee may remove any member of theEditorial Board for good cause.(d) The Board shall endeavour to publish at least one issue of the Journal perannum.(e) The National Executive Committee shall operate a separate Bank Accountfor the Journal.(f) The signatories to such account shall include the President, Treasurer andthe Chairman of the Editorial Board.3. NATIONAL EXECUTIVE COMMITTEE(a) Members of the National Executive Committee, or Standing or other AdhocCommittees representing their Branches shall keep their Branchesinformed of all the activities of the National Executive Committee and theother Committees.(b) Any member of such committee who is unwilling to carry out thedirectives or decisions of Conference or National Executive Committeeshall be suspended from such committee by a simple majority of themembers of the National Executive Committee.4. MEETINGS: NOTICE/AGENDA(a) Notices of motions or resolutions other than those proposed foramendment of the Constitution shall reach the General Secretary on orbefore 30th June every year.(b) Notices or circulars of Annual General Conference together with agenda,resolution and a list of candidates shall be dispatched to Branches at least30 days before the date of the Conference.5. AMENDMENTThese Bye-Laws shall be amended by or at any Annual or Emergency General

Conference subject to notice of proposed amendment being received by theGeneral Secretary and Branches at least 60 days and 30 days respectively beforethe conference by a simple majority of members present and voting.SECOND SCHEDULETHE NIGERIAN BAR ASSOCIATIONSTANDING ORDERSSTANDING ORDERSFor the purpose of effective conduct of proceedings at Annual General Conference, otherconferences or meetings and matters relating thereto these shall be read together with theConstitution of the Association.1. These Standing Orders are made by the Annual General Conference of the NigerianBar Association in exercise of its powers under Article 6 of the Constitution of theNigerian Bar Association and other enabling powers in that behalf.2. An Annual General Conference and Emergency General Conference shall transactsuch business as is on its agenda or any business decided by previous Conference orthe National Executive Committee.3. An agenda of the business of a meeting shall be supplied in advance to every Branchof the Association which shall make such agenda available to its members oraccredited delegates to the Conference or Emergency General Conference. Providedthat the agenda shall be adhered to till the completion of business unless a propositionto suspend this standing order is made and carried by a simple majority of themembers present representing the majority of the Branches in the Federation.4. The President shall preside at the meeting and in his absence the 1st , 2nd or 3rd VicePresidents shall in order of priority preside failing that the members present shallelect a Chairman from among themselves.5. Any member who wishes to speak shall hold up his hand to attract the Chairman’sattention.6. No member shall commence to speak on any topic until recognized to do so by theChairman.7. No two members shall stand up to speak simultaneously during discussion at ameeting.8. The order of speaking shall be determined by the Chairman in his/her absolutediscretion without fear or favour but he/she shall give a reasonable opportunity fordivergent views to be heard.9. The Chairman in his/her discretion may stop a debate even when there are membersstill anxious to speak on the subject if he/she considers that there has been sufficientdiscussion on the matter under consideration.10. A member who has any relevant and pertinent information to give during the courseof a speech by another may raise a “point of information” which he may only proceed

to give if permitted to do so by the Chairman.11. A member may raise a plea of “point of order” which when raised shall only besustained by the Chairman where he/she accepts that there is deviation by a speakerfrom the subject matter/or according to these standing orders.12. A member who claims that he/she has been misquoted or misrepresented may raisethe pleas on “point of correction” and if allowed by the Chairman shall correct thesame.13. In the event of proposition to proceed to the next business of for progress beingmoved and seconded it shall after the proposer and seconder of the resolution havebeen heard be put to the vote. If carried the matter under debate shall immediately beput to the vote and once carried the subject voted upon shall not again be introducedduring the meeting.14. No motion or amendment shall be discussed unless it is seconded, save the proposalsof the Executive Committee or the report of a Committee of the Association whichshall be taken as having been moved and seconded. No second amendment or ridershall be voted upon until the first amendment is disposed of.15. On any issue every member present shall have one vote at a time but the Chairmanshall have a second or casting vote in the event of equality of votes. Provided that if atany election there is equality of votes, the Presiding Electoral Officer shall have acasting vote.16. The Chairman shall have power to ask any one found engaging in distractive odestructive acts to leave the Conference.17. The Conference shall have the power to appoint Committees or Commissions for thefurtherance of its business. Such Committees or Commissions may sit during thehours of the Conference should it be necessary for them to do so.18. The Chairman shall give directions or adopt measures reasonably necessary in theinterest of the Association or reasonably conducive to the conduct of proceedings ofany Conference or meeting. The procedure at a meeting of any Committee shall bedetermined by that Committee.19. The ruling of the President or Chairman on matters provided for in this STANDINGORDERS shall be obeyed.ELECTIONS20 (a) Offices shall be vacant by effluxion of time, death, resignation,removal, or for any other reasonable cause.(b) Any vacancy occurring in any office after a Biennial General Conferencemay be filled by the National Executive Committee.(c) A candidate for any elective national office shall be nominated orproposed in writing by a member and seconded by another both of whomshall be qualified like the candidate in accordance with the provisions ofArticle 11 of the Constitution for the equivalent office and in good

standing with their practising fees and all other Branch levies.(d) The nomination paper shall be dispatched so as to reach the GeneralSecretary on or before 30th of June in an election year and where there isno nomination for any office the Conference or National ExecutiveCommittee may fill the vacancy.(e) On 1st July of each election year, the General Secretary shall compile a listof all nominations received and shall exhibit a copy at the Secretariatnotice board and forward a copy to all candidates who have beennominated as well as every member of the National Executive Committeeand Branches.(f) A full list of properly nominated candidates shall be exhibited or posted ata conspicuous place or notice board in or around the Conference Hall onor before the second day of the General Conference and also supplied tothe electoral officers.Electoral officers, a minimum of three and a maximum of five, one of whom shallpreside, shall be appointed by the Conference.The Electoral officers shall control, conduct and manager the elections for which theywere appointed. During the elections the Presiding Electoral Officer shall have thepowers of the Chairman under these Standing Orders.The Electoral officers shall decide on colour of ballot paper to be use for the office to becontested, if ballot papers of different colours are supplied. To the extent of their functionthe decisions of the Electoral Officer shall be final.Voting in elections at Conference shall be by secret ballot provided that the Conferenceshall have the right to order otherwise.The validity of proceeding of an Annual Conference or any other Conference or Meetingshall not be affected by vacancy in any office or any defect in the appointment or electionof officers or irregularity in the proceedings.For the avoidance of doubt, the provisions of the Constitution shall take precedence andprevail over those of the BYE-LAW and STANDING ORDERS where a conflict occurs.AMENDMENTS:21. Proposal for amendment of the STANDING ORDERS shall, if initiated by theNational Executive Committee or a member or a Branch, be sent to the General Secretaryto reach him/her not less than 120 days before Annual General Conference and GeneralSecretary in turn shall send copies of such proposal to all Branches not less than 60 daysbefore the STANDING ORDERS.22. The STANDING ORDERS may by a majority of votes of conference rescinded,amend or suspend the provisions of these STANDING ORDERS.

LEGAL PRACTITIONERS DISCIPLINARY COMMITTEE RULES S.I. 17 2006

LEGAL PRACTITIONERS ACT, CAP, 207

Commencement: 75th May, 2006

In exercise of the powers conferred by paragraph 2 of the Second Schedule to the Legal Practitioners Act, Cap. 207, and of all other powers enabling me in that behalf, hereby make the following Rules

1. These Rules may be cited as the Legal Practitioners Disciplinary Committee Rules, 2006.

2. In these Rules

“the Act” means the Legal Practitioners Act, Cap. 207, as amended.

“Chief Justice” means the Chief Justice of Nigeria;

“Chairman” means the Chairman of the Legal Practitioners Disciplinary Committee.

“Complainant” means the Nigerian Bar Association.

“Disciplinary Committee” means the Legal Practitioners Disciplinary Committee.

“Official Members” means the Attorney-General of the Federation or of a State, as the case may be, or the President of the Court of Appeal or the Chief Judge of a High Court.

“Registrar” means the Chief Registrar of the Supreme Court of Nigeria.

“Unofficial Member” means a member other than an official member.

“Secretary” means the Secretary to the Legal Practitioners Disciplinary Committee.

3.- (l) A complaint by any person against a legal practitioner shall be forwarded in writing by the complainant or the person aggrieved to any of the following persons, that is

(a) the Chief Justice of Nigeria;

(b) the Attorney-General of the Federation;

(c) the President of the Court of Appeal or any Presiding Justice of the Court of Appeal;

(d) the Chief Judge of the High Court of a State or the Chief Judge of the Federal

High Court or the Chief Judge of the Federal Capital Territory;

(e) the Attorney-General of a State;

W the Chairman, Body of Benchers; and

(g) the President of the Nigerian Bar Association or the Chairman of a branch of the Nigerian Bar Association.

(2) A complaint received by any of the persons specified in subrule (1) of I rule shall be forwarded to the Nigerian Bar Association which shall cause the complaint to be investigated.

4. In any case where in pursuance of section 11 (1) of the Act the Nigerian E Association after investigating the complaint is of the opinion that a prima facie ct is shown against a legal practitioner, the Nigerian Bar Association shall forward report of such a case to the Secretary together with all documents considered by the Nigerian Bar Association, and a copy of the complaint on which the Nigerian Bar Association is of the opinion that a prima facie case is shown.

5.-(1) Parties to proceedings before the Disciplinary Committee shall be

(a) the Nigerian Bar Association;

(b) the legal practitioner whose conduct is subject matter of the proceedings, as the respondent; and

(c) any other person required by the Disciplinary Committee or by leave of the Disciplinary Committee to be joined.

(2) Every patty to the proceedings shall be entitled to be heard by the Discipliner, Committee either personally or through a counsel of his choice.

6. The Nigerian Bar Association shall appoint a legal practitioner to present the case before the Disciplinary Committee.

Provided that no legal practitioner who participated in the investigation by the Nigerian Bar Association of the complaint shall be so appointed.

7.-{1) On the direction of the Chairman of the Disciplinary Committee the Secretary shall fix a day for the hearing of the case and shall serve notice thereof on each party to the proceedings.

(2) The notice of hearing may be served either personally or by registered post or by courier service to the office or residence or to the last known place of abode of each party to the proceedings, or by e-mail to his e-mail address in the case of the legal practitioner against whom complaint has been brought, by registered post or by courser service to his principal place of business or his last known place of abode, or by publication of the notice of hearing in a national newspaper with wide circulation in Nigeria or to his e-mail address. The service by publication in a newspaper shall not be vitiated by reason that the publication relates to or concerns any other legal practitioner listed therein.

(3) Where a party to the proceedings is represented by a counsel, service of any process meant for the party may be effected on the counsel, and such service shall be deemed to be good and sufficient.

(4) The notice shall be in the form set out in the Schedule hereto and there shall be at least 15 days between the service of any such notice and the day.

(5) Except where service is by publication in a national newspaper, the Secretary shall serve on every party, other than the complainant, the notice of hearing together with copies of the report and the complaint prepared by the Nigerian Bar Association and forwarded to the Disciplinary Committee. For the purposes of subsequent hearing mere notices will be sufficient.

8. If any party fails to appear at the hearing, the Disciplinary Committee may upon proof of service on such party of the notice of hearing proceed to Near and determine the case in his absence.

9.-(1) Any party who has failed to appear at the hearing and is not represented by a counsel or who previously appeared but subsequently fails to appear and is not represented by a counsel at the hearing may within thirty days from the date when the pronouncement of the findings and direction of the Disciplinary Committee are given and upon giving notice to every other party and to the Secretary, apply to the Disciplinary Committee for a re-hearing.

(2) The Disciplinary Committee, if satisfied that it is just that the matter should be re-heard, may grant the application upon such terms as to costs or otherwise as it deems fit.

10.-(1) The Disciplinary Committee may in the proceedings, hear such witnesses and receive such documentary evidence as in Its opinion may assist it in coming to a

conclusion as to the truth or otherwise of the allegations of misconduct referred to it by the Nigerian Bar Association.

(2) In all proceedings before the Disciplinary Committee, the provisions of the Evidence Act shall apply, as they do in civil proceedings.         ,

11. No member of the Disciplinary Committee may represent a legal practitioner against whom proceedings have been brought.

12. If any person wilfully gives false evidence on oath before the Disciplinary Committee during the course of any proceedings or wilfully-makes a-false statement in any affidavit sworn for the purposes of any such proceedings the Disciplinary Committee shall refer the matter to the appropriate Attorney General for necessary action.

13. The Proceedings of the Disciplinary Committee including the announcement of the decisions of the Disciplinary Committee shall be held in’ public.

14. The Disciplinary Committee may of its own motion or upon the application of any party adjourn the hearing of any matter before it upon such terms as to costs or otherwise as the Disciplinary Committee shall this fit.

15.-(1) At the conclusion of the hearing of any matter before it, the Disciplinary Committee may direct the parties or the counsel representing them to file and serve written addresses,

(2) Argument of not more than 10 minutes may be allowed for emphasise and clarify the written address filed.

Provided that where at the hearing oral argument has’ been all Disciplinary Committee in support of the written address, if any of the p counsel are absent, the Disciplinary Committee may deem the address al presented,

16. If, after the hearing, the Disciplinary Committee finds that the allegations of infamous conduct in a professional respect have not been proved, the Committee shall record a finding that the legal practitioner is not guilty conduct in respect of the matters to which the allegation relates.

17. If, after the hearing, the Disciplinary Committee finds that the infamous conduct in a professional respect has been proved the 1 Committee may, if it thinks fit, give direction

(a) ordering the Registrar to strike the legal practitioner’s name off the roll; or

(b) suspending that the legal practitioner from practice by order, engage in practice as a legal practitioner for such period as may be spy direction; or

(c) where appropriate, requiring the refund of any monies in his possession or the handing over of documents or any other thing as the circumstances matter may require; or

(d) admonishing the legal practitioner.

18. The Disciplinary Committee, if it finds proved misconduct not amounting infamous conduct in a professional capacity, may give such direction as circumstances may require, not inconsistent with the provisions of the,

19. The Disciplinary Committee may order against a party cost of the proceedings having regard to his conduct and to all the circumstances of the Disciplinary Committee may think fit.

20. Subject to the provisions of the Act which relate to the lodging against the direction of the Disciplinary Committee, any direction g Disciplinary Committee in accordance with paragraphs (a), (b), (c), and thereof, shall be published in the Federal Gazette as soon as such din effect.

21.-(1) (a) Notes of the proceedings of the Committee in a mat taken in writing by the Chairman or by such other designated men Disciplinary Committee or by any electronic process.

(b) Any party who appeared at the proceeding shall be entitled to with a copy of the record of the proceedings on the payment of the prescribed fee under rule 25 of these Rules.

(2) The Secretary shall supply to any person entitled to be heard appeal against the direction of the Disciplinary Committee, and to the H) other person, a copy of the record of proceedings on payment of such fees prescribed under rule 25 of these Rules or determined by the Disciplinary Committee.

22. The Disciplinary Committee may dispense with any requirement of these Rules respecting notices, affidavits, documents, service, or time, in any matter where it appears to the Disciplinary Committee to be just to do so.

23. The Disciplinary Committee may in any given case extend or abridge the time for doing anything under these Rules.

24. The Disciplinary Committee may direct that any books, papers, or other. exhibits, produced or used at a hearing, shall be retained by the Secretary until such Within which an appeal may be entered has expired; and, if notice of appeal is !until the appeal is heard or otherwise disposed off.

25. The fees applicable for the time being in the Court of Appeal shall be le to proceedings before the Disciplinary Committee except that a complainant exempted from paying such fees.

26. The Legal Practitioners (Disciplinary Committee) Rules, Cap. 207, as amended

 

SCHEDULE

LEGAL PRACTITIONERS ACT, CAP. 207

NOTICE OF HEARING BY LEGAL PRACTITIONERS DISCIPLINARY COMMITTEE

IN THE MATTER OF A.B., LEGAL PRACTITIONER

AND

IN THE MATTER OF THE LEGAL PRACTITIONERS ACT, CAP. 207

TAKE NOTICE that the report of the Nigerian Bar Association including the complaint against you in the above matter is fixed for hearing by the Disciplinary Committee sitting at ..................................................on the ...........................day ...................................................20......... at ............................o’clock in the forenoon.

Copies of:

(a) the report;

(b) the complaint; and (c) ...................................... are annexed hereto.

AND FURTHER TAKE NOTICE that in default of appearance by you, the Legal, Practitioners Disciplinary Committee may proceed to hear and determine the matter in, your absence.

Dated this ...... ............ day of............................................ 20...............

.............................................. Secretary to the Disciplinary Committee

MADE at Abuja this 15th day of May, 2006.

MUHAMMADU LAWAL UWAIS, GOON

Chief Justice of Nigeria

RULES OF PROFESSIONAL CONDUCT FOR LEGAL PRACTITIONERS 2007

ARRANGEMENT OF RULES.

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.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.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 serviceRule 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.

RULES OF PROFESSIONAL CONDUCT FOR LEGAL PRACTITIONERS

Commencement:…………………………2007…………….

A. PRACTICE AS LEGAL PRACTITIONER.

General responsibility of a lawyer.1. A lawyer shall uphold and observe the rule of law, promote and foster the

course of justice, maintain a high standard of professional conduct, and shall not engage in any conduct which is unbecoming of a legal practitioner.

Duty as to admission into the legal profession.2. A lawyer shall not knowingly do any act or make any omission or engage in

any conduct designed to lead to the admission into the legal profession of a person who is unsuitable for admission by; reason of his moral character or insufficient qualification or for any other reason.

Aiding the unauthorized practice of the law.3. (1) A lawyer shall not-

(a) aid a non-lawyer in the unauthorized practice of the law;(b) permit his professional services or his name to be used in aid of, or to make possible, the unauthorized practice of law by any person not qualified to practice or disqualified from practice;

(c) share legal fees with a non-lawyer except as provided in rule 53.(2) A lawyer shall not, in return for a fee, write or sign his name or permit his name to be

written or signed on a document prepared by a non-lawyer as if prepared by him.

Avoidance of intermediary in the practice of the law.4. A lawyer shall not permit his professional services to be controlled or

exploited by any lay agency, personal or corporate, which intervenes between him and the client. Charitable societies or another institutions rendering aid to the indigent are not deemed to be such intermediaries.

Association for legal practice.5. (1) A lawyer shall not form a partnership with a non-lawyer or with a

lawyer who is not admitted to practice law in Nigeria, if any of the activities of the partnership consists of the practice of law.

(2) The name of a deceased or former partner may continue to be used as part of the name of a law firm, provided it does not lead to an imposition or deception through the continued use of the name.

(3) Where a member of a law firm becomes a Judge and is hereby precluded from practicing law, his name, if it appears, shall be removed from the partnership name.

(4) Where a lawyer practices alone, he shall not hold himself out as a partner in a firm of lawyers using a firm name such as “A, B and Co”, or such other name as may suggest that he is in partnership with others.

(5) It shall be unlawful to carry out legal practice as a corporation.

Retirement from judicial position or public employment.6. (1) 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.

(2) A lawyer having once held public office or having been in the public employment shall not after his retirement accept employment in connection with a matter in respect of which he had previously acted in a judicial capacity or on the merit of which he had advised or dealt with in such office or employment.

(3) A judicial officer who has retired shall not practice as an advocate in any Court of law or judicial tribunal in Nigeria.

(4) A judicial officer who has retired shall not sign pleading in any court.(5) A judicial officer who has retired may continue to use the word “Justice” as

part of his name.

Engagement in business.7. (1) Unless permitted by the General Council of the Bar (hereinafter referred to as the “Bar Council”), a lawyer shall not practice as a legal practitioner at the same time as he practices any other profession.

(2) A lawyer shall not practice as a legal practitioner while personally engaged in –

(a) the business of buying and selling commodities;(b) the business of a commission agent;(c) such other trade or business which the Bar Council may from time

to time declare to be incompatible with practice as a lawyer or as tending to undermine the high standing of the profession.

(3) For the purpose of the rule, “trade or business” include all forms or participation in any trade or business, but does not include-

(a) membership of the Board of Directors of a company which does not involve either executive, administrative or clerical functions;

(b) being Secretary of a company; or(c) being a shareholder in a company.

Lawyers in salaried employment8. (1) A lawyer, whilst a servant or in a salaried employment of any kind, 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.

(2) A lawyer whilst a servant or in a salaried employment, shall not prepare, sign, or frank pleadings, applications, instrument, agreement, contract, deed, letters, memorandum, report, legal opinion or similar instruments or process or file any such document for his employer.

(3) A director of a registered company shall not appear as an advocate in court or judicial tribunal for his company.

(4) A lawyer in a full-time salaried employment may represent his employer as an officer or agent in cases where the employer is permitted by law to appear by an officer or agent, and in such cases, the lawyer shall not wear robes.

(5) An officer in the Armed Forces who is a lawyer may discharge any duties devolving on him as such officer and may appear at a Court Martial as long as he does so in his capacity as an officer and not as a lawyer.

Practicing Fees.9. (1) A lawyer shall pay his Annual Practicing Fees not later than 31st March in every year. In the case of lawyers who are enrolled during the year, the fees shall be paid within one month of the enrolment.

(2) A lawyer shall not claim in any court or before a judicial tribunal that he has paid his Annual Practicing Fee when he is, in fact, in default.

(3) A lawyer shall not sign documents, pleadings, affidavits, depositions, applications, instruments, agreements, letters, deeds, letters memorandum, reports, legal opinions or similar documents or process or file such documents as a legal practitioner, legal officer or adviser of any Governmental department or Ministry or any corporation when he is in default of payment of his Annual Practicing Fees.

Seal and Stamp.10. (1) A lawyer acting in his capacity as a legal practitioner, legal office or adviser of any Governmental department or Ministry of any corporation, 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.

(2) For the purpose of this rule, “Legal documents” shall include pleadings, affidavits, depositions, applications, instruments, agreements, deed letters, memoranda, report, legal opinions or any similar documents.

(3) If without complying with the requirements of this rule, a lawyer signs or files any legal documents as defined in sub-rule (2) of this rule, and in any of the capacities mentioned in sub-rule(1), the document so signed or filed shall be deemed not to have been properly signed or filed.

Mandatory Continued Professional Development (CPD).11. (1) A lawyer who wishes to carry on practice as a legal practitioner shall participate in and satisfy the requirements of the mandatory Continuing Professional Development (CPD) Programme operated by the Nigerian Bar Association.

(2) The activities in which a lawyer is required to participate for the purpose of the CPD Programme of the N.B.A. shall include-

(a) attendance and participation in accredited courses;(b) lectures, seminars, workshops and conferences on law approved by the

N.B.A.(c) writing on the law and its practice in books or Journals and Newspapers approved by the

Nigerian Bar Association.(d) study towards professional qualifications approved by the Nigerian Bar Association; and(e) other approved means of acquiring legal professional knowledge and experience.

(3) A lawyer shall be certified as having satisfied the requirement of the CPD Programme if, and only if, during the relevant year, he earns the number of credit hours of participation in the programme which is required under the rules made by the Nigerian Bar Association.

(4) Until rules are made and provide other wise, the number of credit hours required for each year shall be as follows-

(a) For lawyers from Admission up to 5 years…………..24hours(b) for lawyers just five years up to ten years……………18hours(c) for lawyers above ten years…………………………..12hours(5) The Nigerian Bar Association shall establish a Continuing Professional

Development department in its office for the operation of the Programme.(6) The Nigerian Bar Association shall make rules for regulating the operation

of the CPD Programme and such rules may provide for the following matters-(a) the number of credit hours of participation required of a legal practitioner;

(b) the types of activities and studies that are acceptable for earning the credit;(c) persons that may be exempted from the requirements of the programme;

and

(d) other matters which in its opinion are necessary for the operation of the Programme.

Annual Practicing Certificate12. (1) Not later than a date in every year specified by it, the Nigerian Bar Association shall-

(a) publish a List of legal practitioners who have complied with the requirements of the CPD Programme and have paid their practicing fees and are, therefore entitled to practice as legal practitioners in that year (hereinafter referred to as the Annual Practicing List); and

(b) issue a Practicing Certificate to a legal practitioner whose name is on the said Annual Practicing List, certifying that the has paid his Practicing Fee for the programme for the year under the rules made for the purpose by the Nigerian Bar Association.

(2) A lawyer shall obtain an Annual Certificate issued under this rule by the Nigerian Bar Association certifying that he has fulfilled the approved CPD Programme under rules made for the purpose by the Nigerian Bar Association.

(3) A lawyer, unless he holds an Annual Practicing Certificate issued by the NBA under this rule, shall not, as a legal practitioner-

(a) conduct or take part in any proceedings in the court, judicial tribunal, panes or Enquiry: or

(b) sign any documents, pleadings, affidavits, depositions, application, instruments, agreements, deed, letters, memoranda, reports, legal

opinions and similar documents and processes; or(c) file any such documents as a legal practitioner, legal office, or adviser of

any Government Department or Ministry or any company or corporation.Notification of legal practice.13. (1) Every person who set up private legal practice either alone or in association or partnership with another or others shall, not later than thirty days after commencement of such legal practice and if he continues to carry the practice, deliver a Notice in the prescribed form to the Branch of the Nigerian Bar Association within whose jurisdiction the law office is situated.

(2) The Notice referred to in sub-section (1) of this rule shall state-(a) the name of the legal practitioner;(b) the address where the legal practice is carried on;(c) the date when the legal practitioner was called to the Bar in Nigeria; and(d) the date when his name was entered in the Roll of Legal Practitioners in

Nigeria.(3) The Branch of the Nigerian Bar Association to which the Notice is delivered

shall enter the particulars in the Notice in a Register or Database kept for that purpose.

(4) Every legal practitioner, who after having been registered under sub-rule (3), changes his name or address for legal practice, shall deliver to the Branch where he is so registered a notice in the prescribed form showing particulars of the changes made.

B. RELATION WITH CLIENTS

Dedication and devotion to the cause of the client.14. (1) It is the duty of a lawyer to devote his attention, energy and expertise to the service of his client and subject to any rule of law, to act in manner consistent with the best interest of the client.

(2) Without prejudice to the generality of paragraph (1) of this rule, a lawyer shall-(a) consult with his client in all questions of doubt which do not fall within his

discretion;(b) keep the client informed of the progress and any important development in the cause or matter as may be reasonably necessary.(c) warn his client against any particular risk which is likely to occur in the course of the matter.(d) respond as promptly as reasonably possible to request for information by the client, and(e) where he considers the client’s claim or defence to be hopeless, inform him accordingly.

(3) When representing a client, a lawyer may, where permissible, exercise his independent professional judgment to waive or fail to assert a right or position of his client.

(4) It is the duty of lawyer employed in respect of a Court case to be personally present or be properly represented throughout the proceedings in Court.

(5) Negligence in handling of a client’s affairs may be of such a nature as to amount to professional misconduct.

Representing client within the bounds of the law.15. (1) In his representation of a client, a lawyer may refuse to aid or participate in conduct that he believes to be unlawful even though there is some support for an argument that the conduct is legal.

(2) In his representation of his client, a lawyer shall-(a) keep strictly within the law notwithstanding any contrary instruction by

his client, and if the client insists on a breach of the law, the lawyer shall withdraw his service;

(b) use his best endeavours to restrain and prevent his client from committing misconduct or breach of the law with particular reference to judicial

officers, witnesses and litigants and if the client persists in his action or conduct, the lawyer shall terminate their relations.(3) In his representation of his client, a lawyer shall not-

(a) give service of advise to the client which he knows or ought reasonably to know is capable of causing disloyalty to, or breach of, the law, or binging disrespect to the holder of a judicial office, or involving corruption of holders of

any public office;(b) file a suit, assert a position, conduct a defence, delay a trial, or take over

action on behalf of his client when he knows or ought reasonably to know that such action would serve merely to harass or maliciously injure another;

(c) knowingly advance a claim or defence that is unwarranted under existing law, but he may advance such claim or defence if it can be supported by argument in good faith for an extension, modification, or reversal or existing law;

(d) fail or neglect to inform his client of the option of alternative dispute resolution mechanisms before resorting to or continuing litigation on behalf of his client.

(e) conceal or knowingly fail to disclose that which he is required by law to reveal.(f) knowingly use perjured or false evidence.(g) knowingly make a false statement of law or fact;(h) participate in the creation or preservation of evidence when he knows or

ought reasonably to know that the evidence is false;(i) counsel or assist his client in conduct that the lawyer knows to be illegal or fraudulent; or(j) knowingly engage in other illegal conduct or conduct contrary to any of these rules.

(4) Where in the course of his representation of his client a lawyer receives clearly established information that the client has perpetrated a fraud upon a person or tribunal, he shall promptly call on his client to rectify it, and if his client refuses or is unable to do so he shall reveal the fraud to the affected person or tribunal, except when the information is a privileged communication; and if the person who perpetrated the fraud is not his client, the lawyer shall promptly reveal the fraud to the tribunal.

(5) A lawyer shall not assert in argument his personal belief in the integrity of his client or of his witnesses or in the justice of his cause, but he may make a fair analysis of the evidence touching on those matters.

Representing client competently.

16. (1) 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 him a lawyer who is competent to handle it, unless the client objects;(b) handle a legal matter without adequate preparation;(c) neglect a legal matter entrusted to him; or(d) attempt to exonerate himself from or limit his ability to his client for his

personal malpractice or professional misconduct.

Conflict of interest.17. (1) A lawyer shall, at the time of the retainer disclose to the client all the circumstances of his relations with the parties, and any interest in or connection with the controversy which might influence the client in the selection of the lawyer.

(2) Except with the consent of his client after full disclosure, a lawyer shall not accept a retainer if the exercise of his professional judgment on behalf of his client will be or may reasonably be affected by his own financial, business, property, or personal interest.

(3) A lawyer shall not acquire a proprietary interest in the cause of action or subject matter of litigation which he is conducting for a client, except that he may-

(a) acquire a lien granted by law to secure his fees and expenses; or(b) contract with a client for a reasonably contingent fee in a civil case.(4) A lawyer shall not accept a proffered employment if the exercise of his

independent professional judgment on behalf of a client will be or is likely to be adversely affected by the acceptance of the proffered employment, or if it is likely to involve him in representing differing interests, unless it is obvious that the lawyer can adequately represent the interest of each, and each consents to the representation after full disclosure of the possible effect of such representing on the exercise of his independent professional judgment on behalf of each.

(5) A lawyer shall not appear as counsel for a client in legal proceedings in which the lawyer is himself a party.

(6) Where a lawyer is required to decline employment or to withdraw from employment under any of these rules, no partner, or associate, or any other lawyer affiliated with him or his firm, may accept or continue such employment.

Agreement with client18. (1) A client shall be free to choose his lawyer and to dispense with his services as he deems fit; provided that nothing in this rule shall absolve the client from fulfilling any agreed or implied obligations to the lawyer including the payment of fees.

(2) The lawyer shall ensure that important agreements between him and the client are, as far as possible reduced into writing, but it is dishonorable and a misconduct for the lawyer to avoid performance of a contract fairly made with his client whether reduced into writing or not.

Privilege and confidence of a client.19. (1) Except as provided under sub-rule (3) of this rule, all oral or written communications made by a client to his lawyer in the normal course of professional employment are privileged.

(2) Except as provided in sub-rule (3) of this rule, a lawyer shall not knowingly-(a) reveal a confidence or secret of his client;(b) use a confidence or secret of his client to the disadvantage of the client; or(c) Use a confidence or secret of his client for the advantage of himself or of a

third person unless the client consents after full disclosure.(3) A lawyer may reveal-

(a) confidences or secrets with the consent of the client or clients affected, but only after a full disclosure to them.(b) confidences or secrets when permitted under these rules or required law

or a Court order;(c) the intention of his client to commit a crime and the information necessary

to prevent the crime;(d) confidences or secrets necessary to establish or collect his fee or to defend

himself or his employees or associates against an accusation of wrongful conduct.

(4) A lawyer shall exercise reasonable care to prevent his employees, associates and others whose services are utilized by him from disclosing or using confidences or secrets of a client, but a lawyer may reveal the information allowed by sub-rule (3) through his employee.

(5) A lawyer shall not in any way communicate upon the subject of controversy or negotiate or compromise the matter with the other party who is represented by a lawyer; and he shall deal only with the lawyer of the other party in respect of the matter.

(6) A lawyer shall avoid anything that may tend to mislead an opposing party who is not represented by a lawyer and shall not undertake to advise him as to the law.

Lawyer as witness for client.20. (1) Subject to sub-rule (2) of this rule a lawyer shall not accept to act in any contemplated or pending litigation if he knows or ought reasonably to know that he or a lawyer in his firm may be called or ought to be called as a witness.

(2) A lawyer may undertake an employment on behalf of a client and he or a lawyer in his firm may testify for the client-

(a) if the testimony will relate solely to an uncounted matter;(b) if the testimony will relate solely to a matter of formality and there is no

reason to believe that substantial evidence will be offered in opposition to the testimony;

(c) if the testimony will relate solely to the nature and value of legal services rendered in the case by the lawyer or his firm to the client; or

(d) as to any matter if refusal would work a substantial hardship on the client because of the distinctive value of the lawyer or his firm as lawyer

in the particular case.(3) When a lawyer knows, prior to trial that he would be a necessary witness

except as to merely formal matters, neither he nor his firm may conduct the trial.(4) If after undertaking employment in contemplated or pending litigation, a

lawyer learns or it is obvious that he or a lawyer in his firm ought to be called as witness on behalf of his client, he shall withdraw from the conduct of the trial and his firm, if any, shall not continue representation in the trial, but he or a lawyer in his firm may testify in the circumstances enumerated in sub-rule (2) of this rule.

(5) If after undertaking employment in a contemplated or pending litigation, a lawyer learns or it is obvious that he or a lawyer in his firm may be called as a witness other than on behalf of his client, he may continue the representation until it is apparent that his testimony is or may be prejudicial to the client.

(6) If during the trial, the lawyer discovers that the ends of justice require his testimony, he should from that point on, if feasible and not prejudicial to the client’s case, leave further conduct of the trial to other counsel, but if circumstances do not permit this, the lawyer shall not argue the credibility of his own testimony.

Withdrawal from employment. 21. (1) A lawyer shall not abandon or withdraw an employment once assumed except for good cause.

(2) Good cause for which the lawyer may be justified in withdrawing from the client’s employment includes the following-

(a) conflict of interest between the lawyer and the client.

(b) where the client insists on an unjust or immoral course in the conduct of his case;

(c) if the client persists against the lawyer’s advice and remonstrance in pressing frivolous defences; or

(d) if the client deliberately disregards an agreement or obligation as to payment of fees or expenses.

(3) Where the lawyer is justified in withdrawing from the employment, he shall give reasonable notice to the client allowing him time to employ another lawyer.

(4) Where the lawyer withdraws from an employment after a fee had been paid, he shall refund such part of the fee as has not been clearly earned.

Call at client’s house or place of business.22. A lawyer shall not call at a client’s house or place of business for the purpose of giving advice to, or taking instruments from, the client except in special circumstances or for some other urgent reason preventing his client from coming to his law office.

Dealing with client’s property.23. (1) A lawyer shall not do any act whereby for his personal benefit or gain he abuses or takes advantage of the confidence reposed in him by the client.

(2) Where a lawyer collects money for his client, or is in position to deliver property on behalf of his client, he shall promptly report, and account for it and shall not mix such money or property with or use it as, his own.

Responsibility for litigation24. (1) It is the duty of a lawyer to accept any briefs in the Court in which he professes to practice provided the proper professional fee is offered unless there are special circumstances which justify his refusal. (2) It is the duty of every lawyer on his own responsibility to decide what cases he will bring into Court for the Plaintiff and what cases he would contest in Court for the Defendant; and he is not absolved from bringing questionable action or arguing questionable advice on the ground that he is only following his client’s instructions. (3) A lawyer shall not conduct a civil case or make defence in a civil case when he knows or ought reasonably to know that it is intended merely to harass or to injure the opposite party or to work oppression or wrong. (4) The lawyer shall be responsible for taking decisions in respect of incidental matters not affecting the merit of the case or operating to prejudice substantively the right of a client and he shall not be bound to do or refrain from doing anything contrary

to his sense of honour or propriety simply because his client demands that he should do it. (5) In matters not directly affecting the merit of the case or operating to prejudice the rights of the clients, the lawyer may, to the exclusion of his client, determine what accommodations to be granted to the opposing lawyer. (6) For the purpose of this rule, the expression “incidental matters” includes matters such as fixing time for trial for the opposing lawyer, and applying for or resisting adjournment, account being taken of the circumstances of the opposing lawyer.

Investigation of facts and Production of witnesses, etc.25. (1) Subject to the rules dealing with communications with the party, it shall be lawful for a lawyer to interview any witness or prospective witness for the opposing side in any action without the consent of the opposing counsel or party, but he shall not take any action calculated to secret a witness. (2) A lawyer shall not participate in a bargain with a witness either by contingent fee or otherwise as a condition for giving evidence but this does not preclude payment of reasonable expenses incurred for the purpose of giving the evidence. (3) A lawyer may advertise for witness to testify to a particular event or transaction but not to witnesses to testify to a particular version of the event or transaction. (4) A lawyer shall not be unfair or abusive or inconsiderate to adverse witnesses or opposing litigants, or ask any question only to insult or degrade the witness; and he shall not allow the unfair suggestions or demands of his clients to influence his action.

C. RELATION WITH OTHER LAWYERSFellowship and Precedence26. (1) Lawyers shall treat one another with respect, fairness, consideration and dignity, and shall not allow any ill-feeling between opposing clients to influence their conduct and demeanor towards one another or towards the opposing clients. (2) Lawyers shall observe among one another the rules of precedence as laid down by law, and subject to this, all lawyers are to be treated on the basis of equality of status.

Good faith and fairness among lawyers27. (1) A lawyer shall observe good faith and fairness in dealing with, another lawyer. (2) Without prejudice to the generality of sub-rule (1) of this rule, a lawyer –

(a) shall observe strictly all promises or agreements with other opposing lawyers whether oral or in writing and whether in or out of court, and shall adhere in good faith to all agreements implied by the circumstances of the case.

(b) shall, where he gives a personal undertaking and does not expressly or clearly disclaim personal liability thereunder, honour his undertaking promptly; and

(c) shall not take an undue advantage of the predicament or misfortune of the opposing lawyer or client. (3) A lawyer shall not hand over his brief to another lawyer to hold, and that other shall not accept the brief, unless the brief is handed over in reasonable time for the receiving lawyer to acquire adequate grasp of the matter. (4) Where a lawyer is aware, or ought reasonably to be aware, that a person is already represented by another lawyer in a particular matter, he shall not have any dealing with that person in respect of the same matter without giving notice to the other lawyer. The lawyer accepting the instructions shall use his best endeavours to ensure that all the fees due to the other lawyer in the matter are paid. (5) During the course of his representation of a client, a lawyer shall not: (a) communicate, or cause another to communicate, on the subject of the representation with the party he knows to be represented by a lawyer in that matter unless he has the prior consent of the lawyer representing such party or is authorized by law to do so; or (b) give advice to a person who is not represented by a lawyer in the matter or cause.

Associating in matter28. (1) It is the right of the client to proffer, either on his own, or on the advice of his lawyer, the service of additional lawyer in a matter. (2) Where a lawyer is employed by a client to join the original lawyer, the latter lawyer shall decline if it is objectionable to the original lawyer, but if the original lawyer is relieved of his retainer by the client or he withdraws, the latter lawyer may come into the matter; and in that case, he shall use his best endeavours to ensure that all the fees due to the other lawyer in the matter are paid. (3) When lawyers jointly associated in a course cannot agree as to any matter vital to the interest of the client, the conflict or opinion shall be frankly stated to the client for his determination, and his decision shall be final provided that where the nature of the differences makes it impracticable for the lawyer whose judgment has been overruled to cooperate effectively, he shall withdraw from the employment.Change of lawyer29. (1) Where a client changes is lawyer on a pending matter, the new lawyer shall - (a) promptly give notice the former lawyer; and (b) use his best endeavours to ensure that the former lawyer is paid his earned fees.

(2) Where in litigation, a client changes his lawyer, both the old lawyer and new lawyer shall give notice of the change to the court.

(3) When a client changes his lawyer –

(a) the client is entitled to – (i) all letters written by the lawyer to other persons at the direction of the client; (ii) copies of letters written by the lawyer to other persons at the direction of the client;

(iii) drafts and copies made in the cause of business and (iv) documents prepared from such drafts; and (b) the lawyer is entitled to –

(v) all letters written by the client to the lawyer, (vi) copies of letters addressed by the lawyer to the client, (vii) a lien on the papers or documents of his client in respect of unpaid fees. (4) This rule is subject to any applicable rule of court.

RELATIONS WITH COURTLawyer as officer of court 30. A lawyer is an officer of the court and, accordingly, he shall not do any act or conduct himself in any manner that may obstruct, delay or adversely; affect the administration of justice.

Duty of lawyer to court and conduct in Court31. (1) A lawyer shall always treat the Court with respect, dignity and honour (2) Where the lawyer has a proper ground for complaint against a judicial officer, he shall make his complaint to the appropriate authorities.; (3) A lawyer who fails comply with any undertaken given by him either personally or on behalf of client to a court is prima face guilty of professional misconduct. (4) Except where the opposing lawyer fails or refuses to attend and the Judge is advised of the circumstances, a lawyer shall not discuss a pending case with a Judge trying the case unless the opposing lawyer is present. (5) Except as provided by a rule or order of court, a lawyer shall not deliver to the Judge any; letter, memorandum, brief or other written communication without concurrently delivering a copy to the opposing lawyer.

Candid and fair dealing32. (1) In appearing in his professional capacity before a Court or Tribunal, a lawyer shall not deal with the Court otherwise than candidly and fairly. (2) In presenting a matter to the court, a lawyer shall disclose

(a) any legal authority in the jurisdiction known to him to be directly adverse to the position of his client and which is not disclosed by the opposing lawyer;

(b) the identities of the clients he represents and of the persons who employed him unless such disclosure is privileged or irrelevant.

(2) In appearing in his professional capacity before a court or tribunal, a lawyer shall not - (a) state or allude to any matter which he has no reasonable basis to believe is relevant to the case

or that will not be supported by admissible evidence; (b) ask any question that he has no reasonable basis to believe is relevant to the matter and that

is intended to degrade a witness or other person; (c) assert his personal knowledge of the facts in issue except when testifying as a witness, or

assert his personal opinion as to the justness of a cause, as to the credibility of a witness, as to the culpability of a civil litigant or as to the guilt of innocence of an accused, but he may argue, on his analysis of the evidence, for any position or conclusion with respect to the matters stated herein;

(d) fail to comply with known local customs of courtesy or practice of the Bar or of a particular Tribunal without giving to the opposing lawyer adequate notice of his intention not to comply;

(e) intentionally or habitually violate any established rule or procedure or of evidence; (f) knowingly misquote the content of a paper, the testimony of a witness, the language of the

argument of the opposing counsel, or the language of a decision or a textbook; (g) with knowledge of its invalidity, cite as authority a decision that has been overruled, or a

statute that has been repealed with intent to mislead the Court or Tribunal; (h) in argument, assert as a fact that which has not been proved, or in those jurisdictions where a

side has the opening and closing argument, to mislead his opponent by concealing or withholding in his opening argument positions upon which his side intends to rely;

(i) produce evidence which he knows the Court should reject; (j) promote a case which to his knowledge is false; or (k) in any other way do or perform any act which may obviously amount to an abuse of the process

of the court, or which is dishonourable and unworthy of an officer of the law charged, as the lawyer, with the duty of aiding in the administration of justice.

Trial publicity33. A lawyer or law firm engaged in or associated with the prosecution or defence of a criminal matter, or associated with a civil action shall not, while litigation is anticipated or pending in the matter, make or participate in making any extra-judicial statement that is calculated to prejudice or interfere with, or is reasonably capable of prejudicing or interfering with, the fair trial of the matter or the judgment or sentence thereon.

Relation with Judges34. A lawyer shall not do anything or conduct himself in such a way, as to give the impression, or allow the impression to be created, that his act or conduct is calculated to gain, or has the appearance of gaining special personal consideration of favour from a Judge.

Lawyer and Tribunals35. A lawyer appearing before a judicial tribunal shall accord due respect to it and shall treat the tribunal with courtesy and dignity.

Courtroom Decorum36. When in the courtroom, a lawyer shall -

(a) be attired in a proper or dignified manner and shall not wear any apparel or ornament calculated to attract attention to himself.

(b) conduct himself with decency and decorum, and observe the customs, conduct and code of behaviour of the court and custom of practice at the bar with respect to appearances, dress, manners and courtesy;

(c) rise when addressing or being addressed by the Judge; (d) address his objections, requests, arguments, and observations to the Judge and shall not

engage in the exchange of banter, personality display, arguments or controversy with the opposing lawyer;

(e) not engage in undignified or discourteous conduct which is degrading to a court or tribunal; and

(f) not remain within the Bar or wear the lawyer’s robes when conducting a case in which he is a party or giving evidence.

Employment in Criminal Cases37. (1) Where a lawyer undertakes a defence of a person accused of a crime, he shall exert himself, by all fair and honourable means, to put before the court all matters that are necessary in the interest of justice; but he shall not stand or offer to stand bail for a person for whom he or a person in his law firm is appearing. (2) Where the lawyer accepts a brief for the defence in a murder trial, he shall be deemed to have given a solemn undertaking, subject to any sufficient unforeseen circumstances, that he will personally conduct the defence provided his fee is paid. (3) Where an accused person discloses facts which clearly and credibly show his guilt, the lawyer shall not present any evidence inconsistent with those facts and shall not offer any testimony which he knows to be false. (4) The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done. (5) A public prosecutor shall not institute or cause to be instituted a criminal charge if he knows or ought reasonably to know that the charges are not supported by the probable evidence.

(6) A lawyer engaged in public prosecution shall not suppress facts or secrete witnesses capable of establishment the innocence of the accused person; but he shall make timely disclosure to the lawyer for the defendant, or to the defendant if he has no counsel, of the existence of evidence known to the prosecutor or other government lawyer that tends to negate the guilt of the accused, mitigate the degree of the offence, or reduce the punishment.

Lawyer for an Indigent accused38. A lawyer assigned to defend an indigent prisoner shall not ask to be excused except for substantial reason, but shall exert his best effort in the defence of the accused.

E. IMPROPER ATTRACTION OF BUSINESSAdvertising and Soliciting39. (1) Subject to paragraph (2) and (3) of this rule a lawyer may engage in any advertising or promotion in connection with his practice of the law, provided:

(a)      it is fair and proper in all the circumstances(b)     it complies with the provisions of these Rules

(2) A lawyer shall not engage or be involved in any advertising or promotion of his practice of the law which –

(a) is inaccurate or likely to mislead; (b) is likely to diminish public confidence in the legal profession, or the Administration of Justice, or

otherwise bring the legal profession into disrepute; (c) makes comparison with or criticizes other lawyers or other professions or professionals; (d) includes statement about the quality of the lawyer’s work, the size of success of his practice or

his success rate; or (e) is so frequent or obstructive as to cause annoyances to those to whom it is directed.

(3) Notwithstanding the provisions of paragraph (1) of this rule, a lawyer shall not solicit professional employment either directly or indirectly -

(a) by circulars, handbills, advertisement, through touts or by personal communication or interview.

(b) by furnishing, permitting or inspiring newspaper, radio or television comments in relation to his practice of the law;

(c) by procuring his photograph to be published in connection with matters in which he has been or is engaged, or concerning the manner of their conduct, the magnitude of the interest involved or the importance of the lawyer’s position;

(d) by permitting or inspiring sound recordings in relation to his practice of law; or (e) by such similar self-aggrandisment.

(4) Nothing in this rule shall preclude a lawyer from publishing in a reputable law List or Law Directory, a brief biographical or informative data of himself, including all or any of the following matters;

(a) his name or names of his professional association; (b) his address, telephone number, telex number, e-mail address etc.

(c) the school, colleges or other institutions attended with dates of graduation, degree and other educational or academic qualifications or distinctions;

(d) date and place of birth and admission to practice law; (e) any public or quasi-public office, post of honour, legal authorship, etc; (f) any legal teaching position; (g) any National Honour; (h) membership and office in the Bar Association and duties thereon; and (i) any position held in legal scientific societies.

Note-papers, envelopes and visiting cards40. A lawyer may cause to be printed on his note-papers, envelopes and visiting cards- (a) his name and address; (b) his academic and professional qualifications and title including the words “Barrister-at-

Law”, “Barrister and Solicitor”, “Solicitor and Advocate”, Legal Practitioner” “Attorney-at-Law”, and

(c) any National Honours.

Signs and Notices41. A lawyer or a firm may display at the entrance of or outside any buildings or offices in which he or it carries on practice, a sign or notice, containing his or its name and professional qualifications. The sign or notice shall be of reasonable size and sober design.

Books and articles42. Where a lawyer writes a book or an article for publication in which he gives information on the law, he may add his professional qualification after his name.

Change of address43. On a change of address, telephone number or other circumstances relating to his practice, a lawyer may send to his clients notice of a change and may insert an advertisement of such change in a newspaper or journal.

Associate and Consultant44. Where a lawyer is available to act as an associate of other lawyers, either generally or in a particular branch of the law or legal service, he may send to lawyers in his locality only and publish in his local journal, if any, a brief and dignified announcement of his availability to serve other lawyers in that connection as long as the announcement is not designed to attract business improperly.

Lawyer’s robes45. (1) Except with the permission of the Court, a lawyer appearing before a High court, the Court of Appeal or the Supreme Court shall do so in his robes. (2) A lawyer shall not wear the Barrister’s or Senior Advocate’s robe -

(a) on any occasion other than in Court except as may be directed or permitted by the Bar Council; or

(b) when conducting his own case as party to a legal proceeding in Court; or (c) giving evidence in a legal proceeding in Court.

Press, Radio and Television46. (1) A lawyer may write articles for publications, or participate in radio and television programmes in which he gives information on the law, but he shall not accept employment from any such publication or programme to advise on inquires in respect of their individual rights. (2) A lawyer shall not -

(a)insert in any newspaper, periodical or any other publication, an advertisement offering as a lawyer, to undertake confidential enquiries;

(b) write for publication or otherwise cause or permit to be published except in a legal periodical, any particulars of his practice or earnings in the Courts or cases where the time for appeal has not expired on any matter in which he has been engaged as a lawyer; and

(c)take steps to procure the publication of his photograph as a lawyer in the press or any periodical.

(3) Where a lawyer is instructed by a client to publish an advertisement or notice, the lawyer may put his name, address and his academic professional qualifications.

Instigating controversy or Litigation47. (1) A lawyer shall not foment strife or instigate litigation and, except in the case of close relations or of trust, he shall not, without being consulted, proffer advice to bring a law suit.

(2) A lawyer shall not - (a) search the Land Registry or other registries for defects with a view to employment or

litigation; (b)seek out claimants in respect of personal injuries or any other cause of action with a

view to being employed by the prospective client; (c)engage, aid or encourage an agent or any other person to follow up on accidents with a

view to employment as a lawyer in respect of any claims arising therefrom; or (d)offer or agree to offer rewards to any person who by reason of his own employment is

likely to be able to influence legal work in favour of the lawyer.

F. REMUNERATION AND FEESFees for legal service48. (1) A lawyer is entitled to be paid adequate remuneration for his services to the client. (2) A lawyer shall not enter into an agreement for, charge or collect an illegal or clearly excessive fee. (3) For the purpose of this rule, a fee is clearly excessive when, after a review of the facts, it is clear that it does not take into account the consideration set out in rule 48 (now 51).

Retainer49. (1) Subject to sub-rule (2) of this, a lawyer may accept general or special retainers. (2) Where a lawyer accepts a retainer in respect of litigation, he shall be separately remunerated by fees for each piece of work; and accordingly, a lawyer shall not – (a) represent or undertake to represent a client for all his litigation or a part of it on an agreed lump sum over a period of time; or (b) accept instructions from a client on terms that a particular class of court cases shall be done at affixed fee in each case irrespective of the circumstances of each case. (3) A lawyer who accepts a retainer shall not – (a) in the case of a general retainer, advise on, or appear in any proceedings detrimental to the retainer which will involve advising or arguing against the interest of the client paying the retainer. (4) In this rule – “retainer” means an agreement by a lawyer to give his services to a client; “general retainer” means a retainer which covers the clients work generally; and “special retainer” means a retainer which covers a particular matter of the client.

Contingent fee arrangement

50. (1) A lawyer may enter into a contract with his client for a contingent fee in respect of a civil matter undertaken for a client whether contentious or non-contentious: Provided that - (a) the contract is reasonable in all the circumstances of the case including the risk and uncertainty of the compensation;

(b) the contract is not – (i) vitiated by fraud, mistake or undue influence; or

(ii) contrary to public policy; and(c)    if the employment involved litigation, it is reasonably obvious that there is a

bonafide cause of action.(2) A lawyer shall not enter into an arrangement to charge or collect, a contingent fee for representing a defendant in a criminal case.(3) Except as provided in sub-rule (1) of this rule, a lawyer shall not purchase or otherwise acquire directly or indirectly an interest in the subject matter of the litigation which he or his firm is conducting; but he may acquire a lien granted by law to secure his fees and expenses.(4) A lawyer shall not enter into a contingent fee arrangement without first having advised the client of the effect of the arrangement and afforded the client an opportunity to retain him under an arrangement whereby he would be compensated on the basis of a reasonable value of his services.(5) In this rule, “contingent fee” means fee paid or agreed to be paid for the lawyer’s legal services under an arrangement whereby compensation, contingent in whole or in part upon the successful accomplishment or deposition of the subject matter of the agreement, is to be of an amount which is either fixed or is to be determined under a formula.

Payment of the expenses of litigation51. 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-

(a) as a matter of convenience, and (b) subject to reimbursement.

Fixing the amount of the fee 52.  (1) The professional fees charged by a lawyer for his services shall be reasonable and commensurate with the services rendered; and accordingly, the lawyer shall not charge fees which are excessive or so low as to amount to undercutting: Provided that a reduced fee or no fee at all may be charged on the ground of the special relationship or indigence of a client. (2) In determining the amount of the fee, a lawyer may take into account all or any of the following considerations in ascertaining the value of the service rendered -

(a) the time and labour required, the novelty and difficulty of the questions involved and the skill required to conduct the cause property;

(b) whether the acceptance of employment in the particular case will preclude the lawyer’s appearance for others in cases likely to arise out of the transaction, and in which there is a reasonable expectation that otherwise he would be employed;

(c) whether the acceptance of the employment will involve the loss of other employment while employed in the particular case of antagonisms with other clients;

(d) the customary charges of the Bar for similar services; Provided that in determining the customary charges of the Bar, the lawyer may consider a schedule of minimum fees, if any adopted by the bar Association, but he is not bound to follow it strictly or alone;

(e) the amount involved in controversy and the benefits resulting to the client from the services; (f) the contingency or the certainty of the compensation; and (g) the character of the employment, whether casual or for an established or constant client.

Division of fees53. A lawyer shall not share the fees of his legal services except with another lawyer based upon the division of service or responsibility: Provided that -

(a) an agreement by a lawyer with his firm, partner or association may provide for the payment of money, over a period of time after his death, to his estate or to one of more persons;

(b) a lawyer who undertakes to complete unfinished legal business of a deceased lawyer, that proportion of the total compensation which fairly represents the service rendered by the deceased lawyer; and

(c) a law firm may include non-lawyer employees in retirement plan, even though the plan is based on profit-sharing arrangement.

Offer of compensation or gift by the other party54. A lawyer shall not accept any compensation, rebate, commission, gift or other advantages from or on behalf of the opposing party except with the full knowledge and consent of his client after full disclosure.

G. MISCELLANEOUSEnforcement of rules55. (1) If a lawyer acts in contravention of any of the rules in these Rules or fails to perform any of the duties imposed by the rules, he shall be guilty of a professional misconduct and liable to punishment as provided in Legal Practitioners Act, 1975.

(2) It is the duty of every lawyer to report any breach of any of these rules that comes to his knowledge to the appropriate authorities for necessary disciplinary action.

Interpretation56. In these rules unless the context otherwise admits-“Judge”, includes any officer carrying out judicial functions in a court;“Lawyer” means legal practitioner as defined by the Legal Practitioner Act.

Dated at Abuja this …………..Day of …………2007

………………………………………………………….. Attorney-General of the Federation

and Minister of Justice Chairman, General Council of the Bar

LEGAL EDUCATION (CONSOLIDATION, ETC.) (AMENDMENT) DECREE NO. 8 1992LEGAL PRACTITIONERS (AMENDMENT) DECREE NO. 21 1994

 

Previous THE LEGAL PRACTICE - ELECTRONIC HANDBOOK ON LEGAL PRACTITIONERS' ACCOUNTS    1  2  3  4  5  6  7 

 Next LDC PRECEDENTS  Home Page COURSES