ARRANGEMENT OF RULES
RULE
A---- PRACTICE AS A LEGAL PRACTITIONER
1.
General
Responsibility Of A Lawyer.
2.
Duty
As To Admission Into The Legal Profession.
3.
Aiding
The Unauthorized Practice Of The Law.
4.
Avoidance
Of Intermediary In The Practice Of The Law.
5.
Association
For Legal Practice.
6.
Retirement
From Judicial Position Or Public Employment.
7.
Engagement
In Business.
8.
Lawyers
In Salaried Employment.
9.
Practicing
Fees.
10.
Seal
And Stamp.
11.
Mandatory
Continuing Professional Development (CPD).
12.
Annual
Practicing Certificate.
13.
Notification
Of Legal Practice.
B-----RELATION WITH CLIENTS
14.
Dedication And Devotion To The Cause Of The
Client.
15.
Representing
Client Within The Bound Of Law.
16.
Representing
Client Competently.
17.
Conflict
Of Interest.
18.
Agreement
With Client.
19.
Privilege
And Confidence Of A Client.
20.
Lawyer
As Witness For Client.
21.
Withdrawal
From Employment.
22.
Calling
At Client’s House Or Place Of Business.
23.
Dealing
With Client’s Property.
24.
Responsibility
For Litigation.
25.
Investigation
Of Facts And Production Of Witness, Etc.
C----RELATION WITH OTHER LAWYERS
26
Fellowship
And Precedence.
27
Good
Faith And Fairness Among Lawyers.
28
Associating
In A Matter.
29
Change
Of Lawyer.
D-----RELATION WITH THE COURT
30
Lawyer
As Officer Of Court.
31
Duty
Of Lawyers To Court And Conduct In Court.
32
Candid
And Fair Dealing.
33
Trial
Publicity.
34
Relation
With Judges.
35
Lawyer
And Tribunal.
36
Courtroom
Decorum.
37
Employment
In Criminal Cases.
38
Lawyer
For Indigent Accused.
E-----IMPROPER ATTRACTION OF BUSINESS
39.
Advertising
And Soliciting.
40.
Notepaper,
Envelopes And Visiting Cards.
41.
Sign
And Notices.
42.
Books
And Articles.
43.
Change
Of Address.
44.
Associate
And Consultant.
45.
Lawyer’s Robes.
46.
Press,
Radio And Television.
47.
Instigating
Controversy And Litigation.
F-----REMUNERATION AND FEES
48.
Fees
For Legal Service.
49.
Retainer.
50.
Contingent
Fee Arrangement.
51.
Payment
Of The Expenses Of Litigation.
52.
Fixing
The Amount Of Fee.
53.
Division
Of Fees.
54.
Offer
Of Compensation Or Gift By The Other Party.
G----MISCELLANEOUS
55.
Enforcement
Of Rules.
56.
Interpretation.
57.
Citation.
S.I. 6 of 2007
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B
57
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LEGAL PRACTITIONERS ACT (CAP. 20 LFN 1990)
RULES OF PROFESSIONAL
CONDUCT FOR LEGAL PRACTITIONERS
[2nd January, 2007]
In exercise of the
powers conferred on me by section 12(4) of the
Legal Practitioners Act 1990, as
amended, and of all other powers enabling Me in that Behalf, I, BAYO OJO,
Attorney-General of the Federation and Minister of Justice/Chairman, General
Council of the Bar hereby make The following Rules:
A----PRACTICE AS A LEGAL PRACTITIONER
1. A
Lawyer shall uphold and observe the rule of law, promote and Foster the cause
of justice, maintain a high standard of professional conduct, and Shall not
engage in any conduct which is unbecoming of a legal practitioner.
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.
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; or
(c) Share legal fees with
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.
4. A
lawyer shall not permit his professional service to be controlled or Exploited
by any lay agency, personal or corporate, which intervenes between Him and the
client. Charitable societies or other institutions rendering aid to the
Indigent are not deemed to be such intermediaries.
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 thereby precluded From practicing
law, his name, if it appears, shall be removed from the partnership Name.
(4) Where
a lawyer practice 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 many
suggest that he is in partnership with others.
(5) It shall be unlawful
to carry out legal practice as a corporation.
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 any pleading in any court.
(5) A
Judicial officer who has retired may continue to use the word “Justice” as part
of his name
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 his practice 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 this rule, “trade or business” includes all forms of
participation in any trade or business, but does not include-----
(a) Membership
of the Board of Directors of a company which does not involve executive,
administrative or clerical functions;
(b) being secretary of a
company; or
(c) being a shareholder
in a company.
8. ----- (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, instruments, agreements, contracts, deeds,
letters, memoranda, reports, legal opinion or similar instruments or processes
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 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.
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, memoranda,
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.
10. ----- (1) A lawyer acting
in his capacity as a legal practitioner, legal officer or adviser of any
Government department or ministry or 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, deeds, letters, memoranda, reports, legal opinions or any similar
documents.
(3) If, without complying with the requirements of this
rule, a lawyer sings 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.
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 Professionals 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 Continuing Professional Development
Programme of the Nigerian bar Association shall include ------
(a) Attendance and
participation in accredited courses;
(b) lectures,
seminars, workshops and conferences on law approved by the Nigerian Bar
Association;
(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 Continuing Professional Development 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 otherwise, the number of credit hours required
for each year shall be as follows:-
(a) for lawyers from
admission to 5 years “ “
24 hours;
(b) for lawyers just
over five years to ten years
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“
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18
hours
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(c) for lawyers above
ten years
|
“
|
“
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“
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12 years.
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(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
Continuing Professional Development and such 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
credits;
(c)
persons that may be exempted from the requirements of the
programme;
and
(d) other
matters which in its opinion are necessary for the proper operation of the
programme
12. ----- (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
Continuing Professional Development 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 he has paid his practicing fee for the
specified year and That he has also fulfilled the requirement of the Continuing
professional Development Programme for the year under the rules made for the
purpose by the Nigerian Bar Association.
(2) A lawyer shall obtain an Annual Practicing
Certificate issued under this rule by the Nigerian Bar Association certifying
that he has fulfilled the approved Continuing Professional Development
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 Nigerian bar Association under
this rule, shall not, as a legal practitioner -----
(a) conduct
or take part in any proceedings in the court, judicial tribunal or panel of
Enquiry;
(b) sign
any documents, pleadings, affidavits, depositions, applications, instruments,
agreements, deeds, letters, memoranda, reports, legal opinions or similar
document and processes; or
(c) file
any such documents as a legal practitioner, legal officer or adviser of any
Government Department or Ministry or any company or corporation.
13. ----- (1) Every person who
sets 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 Nigerian.
(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
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 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 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 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 a 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 such a nature as to amount to
professional misconduct.
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 endeavors 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 or advice to the client which he knows or ought reasonably to know is
capable of causing disloyalty to , or breach of, the law, or bringing
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 ma
advance such claim or defence if it can be supported by argument in good faith
for an extension, modification, or reversal of 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
the 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 I the justice of
his cause, but he may make a fair analysis of the evidence touching on those
matters.
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 liability to his client for his personal
malpractice or professional misconduct.
17. ----- (1) A lawyer shall,
at the time of the retainer, disclose to the client all the
circumstances of his relations with 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 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 reasonable 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 represent differing interests, unless it is obvious
that the lawyer can adequately represent the interest of each, and consents to
the representation after full disclosure of the possible effect of such
representing on the exercise of his on dependent professional judgment on behalf
of each.
(5) A
lawyer shall not appear as counsel for a client in a legal proceeding 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, associate or any other lawyer affiliated with
him or his firm may accept or continue such employment.
18. ----- (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.
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 to the advantage of himself or f a third
person unless the client consents after full disclosure.
(3) A lawyer may
reveal ------
(a) confidence
or secrets with the consent of the client or clients affected, but only after
full disclosure to them
(b)
confidence
or secrets necessary 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 an 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 that 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 advice as to the law.
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 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 excepts as
to merely formal matter, 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 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.
21. ----- (1) A
lawyer shall not abandon or withdraw from 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 layer 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 has been paid, he shall refund parts of the fees as has not been clearly
earned.
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.
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 his client.
(2) Where a lawyer collects money for his client, or is
in a 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.
24. ----- (1) It is the duty of
a lawyer to accept any brief 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 decided 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 defences or giving 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 t harass or to
injure the opposite party or to work oppression or wrong.
(4) The
lawyer shall be responsible for taking decision 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 he should do it.
(5) In
matters not directly affecting the merit of the case or operating to prejudice
the rights of the client, the lawyer may, to the exclusion of his client,
determine what accommodation 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.
25. -----
(1)
Subject to the rules dealing with communications with the other 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 secrete a witness.
(2) A
lawyer shall not participate in 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 witnesses to testify to a particular event or
transaction but not for a witness 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 suggestion or demands of his clients to
influence his action.
C-----RELATION WITH OTHER LAWYERS
26. ----- (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 the law, and subject to this, all lawyers are to be
treated on the basis of equality of status.
27. ----- (1) A lawyer shall
observe good faith and fairness in dealing with other lawyers.
(2) Without prejudice to the generality of sub-rule (1)
of this rule, a lawyer shall -----
(a) 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) Where he gives a personal undertaking and does not
expressly or clearly disclaim personal liability there under, honour his
undertaking promptly; and
(c) 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 employed by a client to join the original lawyer, the later 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
later lawyer may come into the matter, and in that case he shall use his best
Endeavour 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, cause another to communicate, on the
subject of the representation with party he knows to be represented by a lawyer
in that matter unless he has 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.
28. ----- (1) It is the right of
the client to proffer, either on his own, or on the advice of his
lawyer, the service of an additional lawyer in a matter.
(2) Where a lawyer is employed by a client to join the
original lawyer, the later 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 later lawyer may come into the matter, and in that
case he shall use his best Endeavour to ensure that all the fees due to the
other lawyer in the matter are paid.
(3) When lawyers jointly associated in a cause cannot
agree as to any matter vital to the interest of the client, the conflict of
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 make
it impracticable for the lawyer whose judgment has been overruled to cooperate
effectively, he shall withdraw from the employment.
29. ----- (1) When a client
changes his lawyer on a pending matter, the new lawyer shall -----
(a) promptly give notice
to the former lawyer; and
(b) use his best Endeavour’s 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 course of business, and
(iv)
documents prepared from such drafts; and
(b) the lawyer is
entitled to -----
(i)
all letters written by the client to the lawyer;
(ii)
copies of letters addressed by the lawyer to the client.
(iii)
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.
D ----- RELATIONS WITH THE 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.
31. ----- (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 compliant to the appropriate authorities.
(3) A
lawyer who fails to comply with any undertaking given by him either personally
or on behalf of his client to a court is prima facie
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 of order or 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.
32. ----- (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 pressing 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;
and the position of his client and which is not disclosed by the opposing
lawyer; and
(b) the
identities of the clients he represents and of the persons who employed him
unless such disclosure is privileged or irrelevant.
(3) 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 case
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 or 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 client not to comply;
(e) intentionally or habitually violate any established
rule of 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 status 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 reply;
(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 dishonorable and unworthy of an officer
of the law charged, as a lawyer, with the duty of aiding in the administration
of justice.
33. A
layer 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.
34. 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 conduct is
calculated to gain, or has the appearance of gaining, special personal
consideration of favour from a judge.
35. A
lawyer appearing before a judicial tribunal shall accord due respect to it and
shall treat the tribunal with courtesy and dignity.
36. When in the court
room, a lawyer shall -----
(a) be
attired in a proper and 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
behavior of the Court and custom of practice at the bar with respect to
appearance, 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.
37. ----- (1) Where a lawyer
undertakes the 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 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 charge is not supported
by the probable evidence.
(6) A
lawyer engaged in public prosecution shall not suppress facts or secrete
witnesses capable of establishing the innocence of the accused persons; 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
prosecution or other government lawyer that tends to negate the guilt of the
accused, mitigate the degree of the offence or reduce the punishment.
38. A
lawyer assigned to defend an indigent prisoner shall not ask to be excused
except for substantial reason, but shall exert hid best effort in the defence
of the accused.
E ----- IMPROPER ATTRACTION OF BUSINESS
39. ----- (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
it ----
(a) is fair and proper in all the
circumstances; and
(b) 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
any statement about the quality of the lawyer’s work, the size or success of
his practice or his success rate; or
(e) is so frequent or
obstructive as to cause annoyance 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 by -----
(a) circulars,
handbills, advertisement, through touts or by personal communication or
interview;
(b) furnishing,
permitting or inspiring newspaper, radio or television comments in relation to
his practice of the law;
(c) procuring
his photograph to be published in connection with matter 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 lawyers position;
(d) permitting
or inspiring sound recording in relation to his practice of law; or
(e) 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 authority, 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.
40. A
lawyer may cause to be printed on his note-paper, 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.
41. A
lawyer or a firm may display at the entrance of, or outside, any building or
office 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.
42. Where
a lawyer writes a book r an article for publication in which he gives
information on the law, he may add his professional qualification after his
name.
43. On a
change of address, telephone number or other circumstances relating to his
practice, a lawyer may send to his clients notice of the change and may insert
an advertisement of such change in a newspaper or journal.
44. 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 improperly.
45. -----
(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) When giving evidence
in a legal proceeding in Court.
46. ----- (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 publication or programme to advise on inquiries 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, 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 press or any
periodical.
(3) Where a lawyer is instructed by notice, the lawyer
may put his name, qualifications.
a client to publish an
advertisement or address and his academic professional
47. ----- (1) A lawyer shall
not foment strife or instigate litigation and except in the case of
close relation or of trust, he shall not, without being consulted, proffers
advice or 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 there from ; 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 FEES
48. ----- (1) A lawyer is
entitled to be paid adequate remuneration for his service 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).
49. ----- (1) Subject to
sub-rule (2) of this rule, a lawyer may accept general or special
retainers.
(2) Where a
lawyer accepts separately instructed and separately accordingly, a lawyer shall
not -----
a
retainer in respect of litigation, he shall be remunerated by fees for each
piece of work and
(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 a fixed fee in fee in each irrespective of the circumstances
of each case.
(3) A lawyer who accepts a retainer
shall not -----
(a) in
the case of a general reminder, advise on, or appeal in any proceeding
detrimental to the interest of the client paying the retainer during the period
of the retainer ; or
(b) in
the case of a special retainer accept instruction in any matter forming the
subject matter of 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 service to a client;
“general retainer” means to retainer
which covers the clients work generally;
and
“special retainer” means to retainer
which covers a particular matter of the
client.
50. ----- (1) A lawyer may
enter into a contract with his client for a contingent fee in respect of
a civil matter undertaken or to be undertaken for a client whether contentious
of non-contentions. 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 involves 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 to 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 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 fee 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 service.
(5) In
his rule
“Contingent fee” means a fee paid or agreed to be paid for
the lawyer’s 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.
51.
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.
52. ----- (1) the professional
fee charged by a lawyer for his services shall be reasonable and
commensurate with the service rendered: Accordingly, the lawyer shall not
charge fees which are excessive or so low as to amount to understanding:
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 properly;
(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.
53. 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 or
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.
54. A lawyer shall not accept
any compensation, rebate, commission, gift or other advantage from or on
behalf of the opposing party except with the full knowledge and consent of his
client after full disclosure.
G-----MISCELLANEOUS
55. ----- (1) If a lawyer acts
in contravention of any the rules in these Rules or fails to perform any
of the duties imposed by the Rules, he shall 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.
56. 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 Practitioners Act.
57. These
Rules shall be cited as Rules of professional Conduct for Legal Practitioners,
2007
DATED at
Abuja this 7th day of February, 2007.
CHIEF BAYO OJO, SAN
Attorney-General of the Federation and
Minister of Justice
Chairman, General Council of the Bar