Professional Ethics and Skills Nigerian Law School Summarized Notes

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WEEK 3- OVERVIEW OF THE COURSE AND HISTORY OF THE
LEGAL PROFESSION.
:: HISTORY OF THE LEGAL PROFESSION IN NIGERIA.
Nigeria had diverse pre-colonial systems of justice which were majorly
conciliatory and traditional (my quote).
The history would be divided into 3 landmark periods viz; 1876-1914, 1914-
1962, 1962 till date
1. 1876-1914: flowing from our inextricable historical and colonial link with
Britain, the cession of Lagos in 1861 and the establishment of the Supreme
Court of her Majesty’s Settlement in Lagos by Supreme Court Ordinance
1863… the Supreme Court Ordinance of 1876 Berthed the English type legal
profession and provided that the following could practice:
- Professionally qualified lawyers: (who either qualified as barristers1 or
solicitors in England, Scotland and Ireland) could enrol to practice as barristers
and solicitors in Nigeria-Section 71.
1
To be a barrister in England, he should have been called to the English Bar by the benchers of the inn
he belonged to. There were four inns- Middle Temple, Inner temple, Lincoln’s Inn and Gray’s Inn. They
attended twelve dinners to qualify… lectures were not mandatory.
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- Persons who have served for continuous 5 years in the office of a practicing
barrister or solicitor residing within jurisdiction and passed exam (on principles
and practice of law) as directed by CJustice-Section 73.
- Fit and proper persons (to practice for 6 months) who passed an examination
set by CJ. To meet up with insufficiency. These persons were referred to as
local Attorneys. See Section 74 of the Ordinance2.
2. 1914-1962
Following the amalgamation of Southern and Northern Nigeria in 1914. From
this period, only professionally qualified barristers or Solicitors could practice.
University degree was not a pre-requisite for call to bar (Just attend the dining
terms) but graduate barristers and solicitors had better salary and one with 2.1
is exempted from Bar Part I. Graduate solicitors spend only 2 years articled in
a firm of solicitors in England (as opposed to the 4 years for those with WAEC
Certificate). Note: Solicitors draws up agreements and give legal advice while
barristers settle pleadings and conduct cases in court.
Deficiencies of an English Trained Lawyer practicing in Nigeria
- Upon Enrolment in the Nigerian Supreme Court, they could practice as barrister
AND solicitor however, abroad they only qualified as barristers OR solicitors.
- They were not well equipped to represent Nigerians who were largely
illiterates.
- They did not have the Nigerian mentality nor did they have knowledge of
Indigenous customary law and land law.
- The Federal System of Government in Nigeria was different from the unitary
system in England upon which their textbooks are predicated.
These constraints amongst other problems were sought to be remedied by the
setting up of the Unsworth Committee on the future of Nigerian Legal
Profession in 1959. Headed by the then Attorney General E.I.G Unsworth.
Some recommendations of the committee include;
- Nigeria’s establishment of:
o Her own system of legal education.
o Her Faculties of Law (Starting with University College Ibadan now University
of Ibadan).
2
Appears the last was in 1914 which application was refused. OSho Davies case.
Page 2 of 50
o Her own Nigerian Law School to provide vocational training to aspirants to the
Bar.
o The Council of Legal Education.
o The Nigerian Bar Council (which should have its disciplinary committee).
- A degree from a Law Faculty of an approved university (having undertook the
requisite courses) and a degree from the Nigerian Law School should be pre-
requisites for admission into the legal profession.
In accepting these recommendations, the Federal Government promulgated the
Legal Education Act and the Legal Practitioners Act in 1962 which made
provisions in that regard….
This takes us to the next period.
:: WAYS OF BECOMING A LEGAL PRACTITIONER IN NIGERIA.
POST 1962 TILL DATE:
From Section 24 of the Legal Practitioners Act 1962, we now have 3 categories
of persons that can practice in Nigeria vi;
1. Those entitled to practice generally:
a. Are those that have been called to the bar after presenting their qualifying OR
exemption3 certificate (issued by CLE4) and enrolment at the Supreme Court.
Section 2, 5 LPA.
b. Qualified5 Foreigners6 of good moral standing enrolled in Nigeria by virtue of
the Attorney General’s Regulation7: Made after consultation with the General
Council of the Bar and the Body of Benchers-Section 6 LPA. See Legal
Practitioners (Special Facilities to Practice in Nigeria) Regulation 1968.
3
Pursuant to Section 4 LPA, the CLE gave an exemption through Legal Notice No. 439 of 5th July, 1989.
The exemption was granted for Nigerian Citizens who are academically and morally qualified to attend
the NLS but at that time lost the opportunity of attending the NLS due to reasons beyond his control.
He must also have acquired up to 5 years’ experience making it needless to go through the Law School.
4
Issuance is at the CLE’s discretion considering successful completion of academic, externship (and 3
dining) exercise and good behaviour-Okonjo v Council of Legal Education (1979) Digest of Appeal Cases
p 28.
5
To practice in his own country. With moral character. He would also need to pass the exam set by
the CLE on Knowledge of Nigerian Law.
6
Of OAU countries which have reciprocal arrangement with Nigeria. Although Section 7 of the LPA
says “any country” while this says OAU… now AU.
7
This is Full exemption. There is however partial exemption which the Foreigner has graduated from
a common law jurisdiction who have taught for 5 years or non common law taught for 10 years. He
nned not take Bar Part I (the 3 months acculturation programme) but would have to take Bar Part II
(the One Year Law School Course).
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2. Those Practicing for the purpose of a particular office: e.g. Government Legal
Officers like A.Gs, officers in the Federal Ministry of Justice, FRSC8. They
may not be legal practitioners… provided their offices or positions allows them
to represent in legal matters.
3. Qualified Legal Practitioners of Jurisdiction with Legal System Similar to
Nigeria’s may by CJN’s Warrant be permitted (in deserving situations) to
represent a litigant in a particular proceeding in Nigeria’s court. As Section 36
guarrantees the right to counsel of choice-R v Enahoro. The warrant does not
absolve the practitioner of fulfilling immigration requirements-Awolowo v
Minister of Internal Affairs.
The case of Eshugbayi v Eleko v Officer Administering the Government of
Nigeria 1 1928 AC 459.
:: OVERVIEW OF THE ADR PROCESSES.
:: REQUIREMENT ON ADVISING ON ADR BEFORE LITIGATION. Rule
15.
WEEK 4 - REGULATORY BODIES IN THE LEGAL PROFESSION;

RIGHTS OF LAWYER
:: REGULATORY BODIES AND ORGANS OF THE LEGAL
PROFESSION.
Various bodies have been set up to regulate the Legal profession to maintain
the tradition and ensure utmost discipline and reputation.
S/ BODY FUNCTIONS COMPOSITION
N AND EST
Body of 0 Legal Practitioners of the Highest CJN and S-Court Justices,
Benchers. distinction in Nigeria… Responsible President and Presiding
Section 3 for: Justice of the C-O-A, NIC,
LPA - Call to bar and things incidental to CJs of FHC, HC and FCT,
(like issuance of Certificate, AG Feds and States,
Prescribing dining terms, call fee, President of NBA,
character, etc.). Chairman of CLE, Thirty
Legal Practitioners
8
The Regulation is Entitlement to Practice as Barristers and Solicitors (name of the office or
department) then order.
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- Sponsor aspirant to the bar who nominated by NBA, 10

needs at least 2 of them. other eminent members of
- Discipline of aspirants and the LP-Section 1LPA.
members of the profession.
- Can appoint caretaker (for < 12
months) to manage the affairs of the
NBA where deserving especially
where it cannot function.
- Take other measures to maintain
dignity and value of profession.
1. Council Functions Provided in Section 2 Chairman appointed by
of Legal LEA President on
Education - Legal Education of Bar Aspirants. Recommendation of AG
. Section 1 - Issues qualifying certificates. Fed. – AG States (No AG
LEA Prescribes conditions in that regard Fed should be a member), -
as it is at their discretion-Okonjo v Deans of Recognized
CLE. Faculties of Law, - DG
- Continuing Legal Education NLS, President of NBA, 15
- Other expedients. 10 years LP selected by
AG Fed is not a member but may NBA,- Rep of Fed Min of
give directives to the council. Justice and 2 distinguished
Authors appointed by AG
Nigerian Legally known as the Registered All persons that have been
Bar Trustees of the NBA-Fawehinmi v called to the Nigerian Bar
Associati NBA (No. 2). Not created by statute upon enrolment at the
on but recognized by various statutes Supreme Court of Nigeria.
Article 1 (has representatives in most
NBA statutory bodies and gets 90 percent
Constituti of practicing fee-Section 8 LPA).
on - Maintaining integrity and
Independence of the bar.
- Promoting Legal Education, Law
reform and public education.
- Promote good relations among
members of the Association.
- Issues Annual Practicing
Certificate, Seal and Stamp.
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- Keeps database of LP offices and

Practitioners.
- Advisory functions to other bodies.
- Investigates complaints against LP.
General Make and Revise RPC and Legal AG Fed and States and 20
Council Practitioner’s Accounts Rules. LP chosen by NBA with at
of the Bar. Made 2007 and 1964 respectively. least 7 having not less than
Section 1 It appears this power may have been 10 years experience.
LPA transferred to Body of Benchers by
Section 2 Decree No.21 1994.
Although in practice NBA resists
them. Confirm the current position.
Legal - Confers rank of SAN on qualified CJN and one SC Justice,

Practition Lawyers. President CofA, 6 CJs (1
er's - (In conjunction with Body of from FHC). 5 SANS.
Privileges Benchers) Makes rules in that regard Tenure of 2 years and
Committe (qualifications, restrictions, another tenure.
e. Section disqualifications, withdrawal,
5 of LPA suspension of SAN, etc.) to maintain
the dignity and reputation of the
rank.
Legal - A committee of the Body of No justice of Supreme
Practition Benchers which deals with Court (confirm>>>),
er’s discipline of members of the legal President and one Justice of
Disciplin profession. CofA, Two CJs, Two AGs,
ary - Consider allegations of misconduct Four Members of NBA
Committe about a lawyer and make directions unconnected with the
e. Section to Registrar of Supreme Court to matter/complaint.
11 of LPA Strike out, suspend or restore name.
Appeals go to Appeal Committee of
the Body of Benchers then to SC
within twenty eight days (28) of
being served the LPDC’s decision.
See Aladejobi v NBA
National - Recommendation to the President Heads of Federal Superior
Judicial or Governor for the appointment or Courts of Record (SCourt,
Council. S CofA, FHC and NIC), Next
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153 removal / discipline of Judicial most Senior SCourt Justice,

Constituti officers in Nigeria 5 retired justices from
on. Part 1 Scourt/CofA, -5 CJs, 1
3rd Grand Kadi, 1 President
Schedule. CCA, 5 NBA < 15 years at
least one SAN, Two non-LP
of unquestionable integrity.
Appointments above that
are discretionary are made
by the CJN.
Legal Regulate Professional Charges and AG Fed and States, NBA
Practition Remuneration, agreements and President and three Legal
er’s issues in that regard. Practitioners.
Remunera
tion
Committe
e. Section
15 of LPA
:: EXCLUSIVE RIGHTS OF LAWYERS/LEGAL PRACTITIONERS IN

NIGERIA: Section 22 LPA Only Legal Practitioners Can:
- Represent Litigants and Prepare Documents relating to Proceedings in Court:
Section 8 and 22 LPA, 36(6)(c) Of the 1999 Constitution, Uzodima v Police.
This right may be in abeyance in certain instances (e.g. not robed, non-payment
of practicing fee, witness in the case, suspended or debarred, interest in the
case, etc. Fawehinmi v NBA. This right should be done competently Rule 14
and 16 RPC.
- Prepare instruments transferring an interest in land (like deed of lease,
assignment, mortgage… except a Will) for a fee-Section 22. Penalty of N100.
He should frank same and affix seal to increase presumption of veracity.
- Make the Statutory Declaration of Compliance under Section 35 CAMA.
- Prepare documents for probate or letter of Administration (does not include a
Will).-S 22 LPA.
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- Be appointed Judge of a Superior Court (excluding Sharia and Customary

Courts of Appeal). After fulfilling the requisites-S 231, 238, 250 CFRN.
- Be Appointed AG.
- Be conferred with the rank of SAN after fulfilling the requirements.
- Become Notary Public: after 10 years Practice and 7years consecutive prompt
payment of fees, then take the oath of office before the Chief Justice of Nigeria-
Section 2 Notrary Public Act. S-Court enters this in the register with date
therein.
He should reduce agreements with client to writing for clarity although non-
compliance does not absolve of liability-Rule 18.
:: RESTRICTIONS ON THE EXCLUSIVE RIGHTS. A lawyer may not be
able to enjoy his exclusive rights listed above in certain circumstances like:
- If he has not paid his Annual practicing Fees: payable to the Registrar of the
Supreme Court before March 31st or within the month of enrolment. 90 percent
of which is paid to the NBA and 10 percent to the GCB. NBA Seal and Stamp
is usually given and a Lawyer should frank with same on legal documents-APC
v Bello Sarki Yaki. Non-use may render it irregular and voidable but not void
and can be remedied by affixing seal MPP v INEC, Rule 9 and 10. Or 2 Rule
1 FCTHCCPR 2004. As court should NOT be moved to dismiss the case in the
interest of the client-Majekodumni v Christlieb. Although Government officers
may be exempted.
- If he has not complied with the mandatory Continued Professional
Development (though this provision is yet to be implemented).
- While in salaried employment, he should not appear as advocate (for his
employer) in court except he is a legal officer in a government department.
NBA v Koku, IBWA v Imano. Rule 8.
- Shall not practice law and (at the same time) engage in business/trade
(especially those incompatible with the high standing of the profession. Rule 7
RPC Except with authority of GCB, or it is mere shareholding or non-executive
director or Secretary of Company. Rule 7
- While in Public office he cannot simultaneously be involved in management
or running of private practice. Ahmed v Ahmed, 5th Schedule, Paragraph 2 of
the (Code of Conduct for Public Officers), of the 1999 Constitution. A. Obi
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Okoye has advocated for express exclusion of law lecturers as such practical
knowledge is needed for incorporation in teaching.
- If a SAN (SAN(PF)Rules 1979: - He can practice as a barrister but to practice
as a solicitor, he needs at least another non-SAN. – He must appear in civil case
with another lawyer (who may be a SAN or junior lawyer). – shall not draft
instrument below N400 except pro-bono or parliamentary process-Rule 5, Shall
not appear before inferior courts-ECWA v Ijesha.
- Judicial Officers (Section 292 CFRN, Rule 6 RPC): - No judge of Superior
Court of Record can appear as barrister (nor sign any pleading in any court)
or tribunal both during service and after retiring or ceasing to be a judicial
officer. He can however be solicitor or consultant after retirement… and can
represent himself in court-Atake v Afejuku.
- A lawyer who previously acted in judicial capacity on a matter (or dealt with
the matter in public official capacity) cannot be an advocate in it or accept
employment in it.
- He should notify the branch of NBA of setting up his law office or relocation
(not later than 30 days of commencement of practice). The notice should
contain his Name, Address of Office, Date of Call and entry in Roll of Legal
Practitioners. The particulars are entered into the Notice Database of NBA kept
for that purposes. Rule 13.
- LP should not practice legal profession as a corporation or in conjunction with
a non-lawyer or hold himself to be practicing as a partnership when indeed sole.
Once elevated to the Bench, he should have his name removed from the
partnership name. See generally Rule 5 RPC.
- When promoted higher bench not have his name used as part of law firm-Rule
5.
- Duty not to hold briefs and handing over his brief to another lawyer should be
done in reasonable time (Rule 27) as the junior lawyer he gives may be
presumed to have gone through the brief and client may be bound by court’s
decision.
- Other factors like the requirement to be robed while appearing before superior
courts-Rule 36 RPC, being a party/Witness in the case (except in technical
matters-Rule 20 RPC) NBA v Koku, having conflict of interest and other
circumstance that may be in breach of rules
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- Retired judge may continue to use the word Justice in his name.
:: IMPERSONATION OF A LAWYER TROUGH WORDS OR CONDUCT
Any person who engages in activities exclusively reserved for legal
practitioners (as discussed earlier) OR holds himself out as being a qualified
legal practitioner when in actuality he isn’t (at the time of misrepresentation9)
is guilty of an offence and can be liable to a fine of N100 OR N200 and or 2
years imprisonment-Section 22 LPA. Money transferred can be recovered and
contempt proceedings may be instituted.
Prosecution for breach of this provision should be commenced within 3 years
else it becomes statute-barred.
The introduction of seal and stamps by the NBA seems to check the excesses
of counterfeit lawyers.
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WEEK 5 AND 6- LAWYER’S DUTY TO CLIENTS, INTERVIEWING,

COUNSELLING AND THE ISSUE OF CORRUPTION 1 RULE 14-25
RPC.
:: GENERAL DUTY OF LAWYER: Observe fiduciary relationship and act
with utmost honesty and fairness to his client-Swindle v Harrison.
:: DEDICATION TO CLIENTS MATTER: Rule 14. Rondel v Worsley The
lawyer should devote his attention, (presence in court) energy and expertise to
the service of his client and have the best interest of the client at heart. Seek
permission of the client before taking important decisions, promptly respond to
client’s queries and keep client posted on developments in the case or issue.
9
May be he never qualified or has been suspended or his name has been struck off.
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:: DUTY TO ACCEPT (LITIGATION) BRIEF10 Rule 24: (Cab Rank Rule)

where there are no circumstances demanding the contrary (like conflict of
interest, etc) and where right fee is paid. NBA v Koku.
:: CONFLICT OF INTEREST: Lawyer should not allow his personal,
proprietary or financial interest conflict with the interest of the client. NBA v
Koku. Where such exists, he should disclose. E.g. of conflict of interest; he
should not be counsel in a matter where he is also a party 17(5), not buy subject
matter of cause of action 17(3), etc.
:: REPRESENTING CLIENT WITHIN THE BOUNDS OF LAW Rule 15:
since he is a minister in the temple of justice, he is to uphold the law, represent
his client within the bounds of the law rather than subjecting himself to the
whims and caprices of the client Rondel v Worsley. In the interest of justice,
he should; -reject brief or withdraw when client importunes on an illegality11
or not to undertake frivolous/unjustifiable briefs (see also Rule 24(3)) or that
which seeks to harass or maliciously injure another, -restrain client from
committing a wrong or (where wrong has been committed) request client to
rectify it failing which he shall disclose to affected person/tribunal (except it is
a privileged information 15(4), -prevent client from seeking favour from
judicial officers, litigant and witnesses 15(2). - inform his client about the
option of ADR before resorting to litigation-Rule 15(3)(d), -Not to concoct or
use false evidence or mis-state the law or concoct cases, not to vouch for client
or witnesses.
:: REPRESENTING CLIENT COMPETENTLY Rule 16: and adequate
preparation. Else may ground liability for negligence.
:: PROFESSIONAL NEGLIGENCE BY LAWYERS:
Negligence would occur where the lawyer’s breach of his duty to take care
results in damage to his client. Hall v Simmons, Myers v Elman.
Because his actions can have far reaching effects on the client’s interest, he
should be empathic, dedicated and diligent in handling client’s matters like;
conducting searches, drafting documents, negotiating agreements, giving
advice, instituting proceeding, etc. whether he is getting paid or doing it pro-
bonoe12 He may be exculpated from negligence arising from conducting case
10
In Hall v Simmons, the court noted that this rule may grant some leeway in Negligence.
11
May be a Section 7C Criminal Code Offender. See generally the case of Myers v Elman.
12
Although the fact that it is pro-bono may be taken into account in reducing damages to be awarded-
Lawson v Matti, Section 9(2) LPA.
Page 11 of 50
before (in face of) the court by virtue of Section 9 LPA, Rondel v Worsley
(though overruled by Hall v Simons). But this lee would not extend to other
scenarios like; giving wrong/negligent advice. Bello Raji v X, NBA v
Akintokun.
:: PRIVILEGE AND CONFIDENCE OF THE CLIENT: Rule 19 RPC.
Correspondences between lawyer and client should be kept confidential and
lawyer (including his employees and associates) should not use the information
to his own advantage or to the disadvantage of the client. Furthermore, the
lawyer cannot be compelled to disclose same-Section 192 EA. This duty and
privilege subsists even after employment. However, the duty can be dispelled
by consent of the client or order of the court or compulsion of the law (e.g. 6
and 7 and 8 Money Laundering (Prohibition) Act 2011) or where disclosure
is necessary to forestall future commission of a crime or where the information
relates to defending himself (and associates) or recovering his professional
fees.
He should not deal with the other party without notice to his lawyer except his
colleague has been negligent or incompetent Rule 19
:: LAWYER AS WITNESS FOR A CLIENT: Rule 20 RPC. A lawyer should
reject brief or withdraw (where he has already accepted) where it appears he
would be called as a witness in the case. Except where he is witnessing to non-
contentious matter or testimony relates solely to a matter of formality or to the
value of legal services rendered by the lawyer or his firm or where the justice
of the case demands it so that client would not be prejudiced. Check (2) of the
Section. However, he would leave the bar and would not be robed while
testifying-Rule 36 RPC. He should not stand bail for accused he is defending
in criminal matter save in exceptional circumstances and relationships-Rule 37
:: RESPONSIBILITY FOR LITIGATION: Rule 24: Competently take
decisions on largely procedural matters (like adjournment, etc). As opposed to
substantive matters. Although acting in the latter may still bind client-
Adewunmi v Plastex Nigeria Ltd, Abiola v Abacha. Not undertake case
calculated to harass, oppress or injure opposite party or oblige the client’s
unethical/illegal/unprofessional requests.
:: WITHDRAWAL FROM EMPLOYMENT / BRIEF IN JUSTIFIED
CIRCUMSTANCES R 21: Withdraw only for just cause (like conflict of
interest, illegality, witness to case, client insists on illegality etc.) but ensure
that adequate (written) notice is given to client to enable him make adjustments
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in that regard and get another lawyer. This new lawyer should be furnished with
the documents and correspondences to enable him competently take over. On
the other hand, the withdrawing lawyer should be paid in quantum meruit-
Aburime v NPA.
:: DEALING WITH CLIENTS PROPERTY R 23: he should properly keep and
account for client’s property and money and prevent it from being mixed with
his. A separate clients accounts should be opened-Rule 3 LPAccount Rules
1964.
:: CALLING AT A CLIENTS HOUSE FOR INSTRUCTIONS: A lawyer
should take instructions from chambers save in exceptional/urgent situations
like client is of extreme old age, infirm, in custody, etc. Rule 22.
:: CHANGE OF COUNSEL BY CLIENT: client may debrief a counsel13 but
new lawyer should intimate debriefed lawyer and both give notice to the court
if it is a litigation matter. New lawyer should ensure debriefed lawyer is paid
what’s due to him and debriefed lawyer should properly hand over the baton
by ensuring new lawyer is furnished with documents and correspondences
relating to the matter to put him in a good take over position. Rule 27.
:: MEANING AND PURPOSE OF CLIENT INTERVIEW AND
COUNSELLING:
- To elicit relevant facts and information from client. (Although he should not
take everything hook, line and sinker).
- To analyse client’s story and determine where legal issues arise.
- To ascertain how to go about a solution.
- To proffer advice and the way forward.
:: STAGES OF CLIENT INTERVIEW AND COUNSELLING. It depends on
the author. This is my model which features a mix of Avrom and Sher and
Byrne and Grimes Model.
- Preparation for the Interview: time, date and place (preferably in Counsel’s
office… save in exceptional situations-Rule 22 RPC).
- Commencing the interview: Meet and greet, introduce client on sequence of
interview, inform and assure client of confidentiality.
13
Order 48 HCLCPRLagos 2012 provides that change of counsel cannotbe made later thatn three days
before the date fixed for the hearing of the case.
Page 13 of 50
- Listening Stage: Allow Client to tell his story. The Lawyer should be patient,
attentive… empathic and convincing in his body language. This would lure
client to disclose all. He may note vital areas and have an interview plan handy
so as to cover vital areas and narrow elicitation.
- Questioning Stage: lawyer asks clients questions to better understand the
facts or to narrow client’s supply of information to most vital. He should not
turn this into an interrogation.
- Analysis Stage: based on the information elicited so far, the lawyer should
competently appraise the legal issues arising and possible course(s) of action.
- Advising Stage: fairly and candidly let client know the possible strength,
weaknesses and course(s) of action-Rule 14. Inform client of ADR if matter is
amenable to ADR-Rule 15. No champerty, maintenance, crime, or advise to
corrupt public officer.
- Concluding Stage: Counsel leaves Client with remedial options to pick one
and lets him know the consequences of each… without importuning. Parties
arrange for any other meetings (if any) and correspondences or documents to
be exchanged/furnished. In such a way that both parties are in the know of next
steps.
:: CRITERIA FOR EFFECTIVE CLIENT INTERVIEWING AND
COUNSELLING:
- Warm atmosphere (preferably in Lawyer’s Office) and professional
relationship. - Good listening skill and empathy; - Good Analysis and appraisal
Skill: facts vis a vis the law and ethical issues arising; - Good Communication
Skills, - Effectively concluding the interview.
:: INVOLVEMENT IN CORRUPTION BY LAWYERS
:: SUGGEST SPECIFICALLY WHAT LAWYERS COULD DO TO MAKE
THE LEGAL SYSTEM TO BE FREE FROM CORRUPTION.
DUTY OF CLIENT TO COUNSEL:
Pay professional fees including other expenses. Counsel may sue to recover
fees-Bakare v Okenla, Oyo v Mercantile Bank Ltd. He may apply to court for
a charge on property or right of lien until fees are paid-Rule 17. Need court
order in that regard-Ayorinde v Scott, Allen v Gold Reefs.
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WEEK 7. DRAFTING 1: (I) BASIC DRAFTING PRINCIPLES; (II)

LETTER WRITING
Drafting is a means of communicating in permanent form (through document)
devoid of extrinsic aids like gesticulations, demeanour, etc. This is why
construction may be problematic especially where certain principles of drafting
were not adhered to by the drafter coupled with the fact that words means
different things based on the context.
:: BASIC PRINCIPLES OF DRAFTING:
- Draftsman must be precise, clear, unambiguous, etc. to prevent ambiguities
or confusion14.
- Fitting for audience/recipient
- Cover instructions received.
- The general format like design, parts, chapters, clauses, order, should follow
a logical sequence.
:: AID TO CLEARNESS AND ACCURACY: proper use of punctuations
(Shell v FBIR). Like full stop, comma, colon, semi colon, apostrophe’, hyphen,
etc.
Capital letters should be used when necessary (like for beginning of sentence,
first letter of a law, titles, offices, institutions, etc. interpretation (failing which
the interpretation Act shall apply). Proper use of brackets, repeat prepositions
where necessary, use sub-headings, side notes, preferably use present tense,
draft in singular, active voice, positive expression, paragraphs (breaks), nice
structure, sentencing (combination of words which have a subject verb and
object) and syntax. Use short and uncomplicated sentences15, ensure
congruence and maintain consistency in nomenclature/designations,
remembering gender sensitivity, logical flow, mechanical accuracy, cross
14
There is no need to start citing statutes and cases here yet.
15
READ UP GEORGE COODE’S DEFINITION OF A SENTENCE. That legal action should always
be the last in the sentence. First there is a case, then condition, then subject then action. His definition
appears in favour of couching legal sentence in passive manner
Page 15 of 50
check and re-check the draft with a colleague to ensure competence and erode
bias.
:: HABITS TO AVOID IN DRAFTING: Avoid verbosity, archaic expressions,
legalese, non-english expressions, etc. Also avoid past, passive expression,
avoid needless repetition, syntactic ambiguity. Avoid unusual phrases, avoid
misuse of certain words like (such, when, the, a, same, that, etc)-Mountfield v
Ward. Avoid pronouns that would cause ambiguity. Proper use of must, will,
may, should, shall, etc. as each has different level of compulsion-Ude v Nwara,
Bucknor-Maclean v Inlak Ltd, Ogwuche v NBA. Improper use of and or-Tarka
v DPP, avoid demeaning, vulgar, sexist, abusive or patronizing language.
:: CERTAIN WORDS AND PHRASES: “Subject to” introduces a
condition/limitation-Tukur v Govt. of Gongola State. “Any” includes all
things to which it relates. “And” has a conjunctive connotation.
“Notwithstanding” means the provision is superior, “without prejudice to”
means that the instant provision would not affect the other (named provision16),
“Provisio” is a qualification or exception to a main provision- NDIC v Okem
Enterprises (on proviso), Section 40 CFRN makes proviso on the right to
freedom of assembly. Except, unless, save: meaning that a contrary provision
would prevail. See Section 318 of the 1999 Constitution.
:: EXPRESSIONS RELATING TO TIME: “on” is inclusive of the named date.
“From” excludes the named date, “after” also does exclude the main date, “Till”
is quite ambiguous, “To” means between the named dates. From 1st Jan to 5th
February… “by” implies on or before, “day” means 24 hours, clear day means
24 hours commencing from midnight, “month” means a calendar month, “year”
means 12 calendar months (Section 18 Interpretation Act) Oyekoya v GB
Olivant, “forthwith” connotes immediately/without delay, “within a reasonable
time” means just what it is, “as soon as possible”, etc.
:: TYPES OF LETTERS:
- Status Letters: gives report on the current state of things in relation to a
transaction, case, and so on.
- Confirming Letter: to re-affirm an oral discussion and clear uncertainty.
- Demand Letters: a request on the other party to perform a legal obligation. E.g.
pay debt, perform his part of the contract, etc.
16
E.g. Section 317 of the 1999 Constitution says “without prejudice to the generality of Section 315 of
this constitution”.
Page 16 of 50
- Opinion Letters: offering advise to client.

:: PARTS OF A LETTER
May be written on plain paper or firm’s letterhead.
- Letter Head or Writer’s Address: -Date (of writing); -Addressee’s details
(Name/office designation, address); - Salutation “Dear Sir/Madam”; -
Attention (to a particular person in an organization. E.g. Attention Mr Johnson
Adams); - “Confidential” (if only addressee should read); - “Personal” (if writer
contemplates addressee rather than his official position).
- Reference Number: “Our Ref” “Your Ref”. useful in filing documents.
- Content: Heading (concise statement of Subject matter); - Body (with
paragraphs on Introduction/mandate, facts, demands/expectations,
resolution/effect of non-compliance, appreciation).
- Closure: Yours faithfully or Yours Sincerely for formal and informal letters
respectively.
- Signature: to give the letter legal effect. Signed with the name of the person
signing it and then the name of the law firm-Okafor v Nweke. SCC (Nig) Ltd
v Ekenma. As firm alone is not a legal personality.
- Enclosure: where documents have been attached to the letter. “ENCL” or
“ENCLS”.
- Copies: “CC”. where some others have copy of the letter.
:: SUBJECT TO CONTRACT: Used to show that there is no intention to be

bound until a formal contract is drawn up and duly executed by the parties-
UBA v Tejumola & Sons Ltd17.
:: ‘WITHOUT PREJUDICE’: that information and correspondences
exchanged in the course of negotiation should not be given as evidence in court-
Section 26 EA Parties may waive this privilege-Mole v Mole.
______________________________________________________________
______________________________________________________________
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17
Although in International Textiles Industries Ltd v Aderemi, the court noted that doing so may not
suffice where there is nothing left to negotiate.
Page 17 of 50
WEEK 8.
DRAFTING 2: (I) STAGES OF DRAFTING; (II) DRAFTING OF
MINUTES OF MEETINGS; OFFICE MEMORANDUM AND
CURRICULUM VITAE
:: USE OF PRECEDENTS IN DRAFTING DOCUMENTS: forms are model
documents and should serve as a guide and be adopted (not slavishly but) and
utilised subject to the peculiar present circumstance.
:: THERE IS A NEED TO PRODUCE ERROR FREE DOCUMENTS AND
ADEQUATELY REPRESENT THE INTENTION OF THE CLIENTS.
:: MINUTES OF MEETINGS: is a record of meeting usually by office
secretary. To note discussions, resolutions, attendance and assist in drawing
agenda for subsequent meetings18.
:: CURRICULUM VITAE: Sets out a person’s biodata, qualifications,
experiences and other relevant data. Should contain Personal Data, Academic
Qualification and Certificates Obtained, Experience Acquired, Hobbies,
Referees; Contact Address; Signature and Date.
:: DRAFT OFFICE MEMORANDUM; being an internal official (written)
communication. Parts being heading, organization, title “memorandum”, date,
From, To, Subject, Signature, Distribution List, CC.
:: ETHICAL ISSUES
______________________________________________________________
______________________________________________________________
____________________
WEEK 9
LEGISLATIVE DRAFTING
18
Commencement, date, place, time, who gave opening prayer, list of members present, opening
remarks, adoption of the agenda, adoption of minutes of the last meeting (moved by; and supported
by;), matters arising, Discussion of issues in the agenda, Resolutions, Reports, Any other Business,
Closing Prayer.
Page 18 of 50
Draftsman should have the sphere of operation, objectives and objects of the
law at the back of his mind.
:: FORM/PARTS OF LEGISLATION
The whole legislation usually composes of three segments viz preliminary
provisions (contains long title, preamble, enacting clause, short title, etc)
principal provisions (contains the substantive and administrative provisions)
and final provisions (contain saving, transitional provisions, repeals,
consequential amendments and schedule). It is usually in this form: (and should
be arranged in this sequence in exam).
- Arrangement of Sections.
- Long Title: indicates the general purpose of the legislation. Drafted in bold
and large letters.
- Preamble: explains the mischief or object of the law “whereas”-Chief
Onabanjo v Concord Press, Ogbonna v A.G. Imo State. For landmark
legislations.
- Commencement: The commencement is when a law comes into operation.
Kotoye v Saraki. Where no commencement date is given, it is deemed to
commence on date of assent. It should not be retrospective-Section 36(8)
CFRN.
- Enacting Formula: shows the enacting/enabling/making authority. E.g.
“ENACTED by the National Assembly of the Federal Republic of Nigeria as
follows”.
- Establishment: creates executing/administering statutory bodies.
- Short Title (citation) a statutory nickname to obviate necessity for citing
full/descriptive title.
- Application: shows the ambit of the law which may be substantive, human,
territorial, subject matter, etc. In the absence of which it is deemed to be of
general application.
- Duration: shows life span. Else perpetual until amended or repealed.
- Marginal notes: statutory signposts put at margin of each section as guide.
AG Fed v ANPP. Not regarded as part of the law.
- Savings: to preserve or save a law.
Page 19 of 50
- Repeals: express or by implication.

- Explanatory notes: not part of the law though. AG Abia v AG federation.
- Interpretation/Definition: to clarify meaning of certain words and phrases
used in the legislation. It facilitates abbreviation. The Statute’s meaning
prevails over that of the Interpretation Act which only applies where
interpretation is lacking in the statute. See Section 1 Interpretation Act.
- Schedule: An inventory of details on certain provisions used in the main body
of the legislation to which it refers to and was referred to. Egolum v Obasanjo.
Abbreviation: ALPCEESADMSREIS
Preamble, Long title and Marginal Notes… may be relied upon in
interpretation-Uwaifo v AG Bendel.
:: STAGES OF DRAFTING:
- TAKE, UNDERSTAND AND ANALYSE THE INSTRUCTION: know the
reason, object of legislation, feasibility and problems, conformity/duplicity
with existing law, policy consideration, etc.
- PLAN THE OUTLINE AND DESIGN THE DRAFT: which should take
cognisance of the chapters and ambit.
- COMPOSE THE BILL: taking cognisance of the various rules of drafting and
the need to be unambiguous and clear. Precedents may be used for a guide with
necessary modifications.
- SCRUTINISE AND REVIEW THE OUTPUT: to know if it adequately
covers and conveys the objective. After reviewing, you may give it a colleague
so that an unbiased and independent eye can cross-check.
:: FORMALITIES OF LEGISLATIVE DRAFTING.
Arrange it into PARTS (i.e. groups of related idea) depending on length and
sub-themes of the legislation. Such division may be needed for clarity of
presentation and ease of reference especially for larger legislations like CAMA,
Constitution, etc.
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______________________________________________________________
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Page 20 of 50
WEEK 10
(I) RULES OF INTERPRETATION OF STATUTES (II) ADVOCACY
PRACTICE 1
:: INTERPRETATION OF STATUTES: is an attempt to decipher the intention
of the legislature. This may be done by resorting to any one or more rule(s) of
interpretation, intrinsic and extrinsic aids too.
:: GENERAL PRINCIPLES, MAXIMS AND SCOPE.
- LITERAL RULE: Connotes that the ordinary and natural meaning of
words/provisions should be applied except it would work injustice-Abioye v
Yakubu, R v Commissioner of Income Tax. For example Awolowo v Shagari,
where 2/3rd was interpreted to mean the nearest mathematical value.
- GOLDEN RULE: Where there would be injustice or absurdity resulting from
the literal rule, the court would look at the secondary meaning of the words-
Ayoade v Military Governor of Ogun.
- MISCHIEF RULE: give an interpretation that seeks to cure/suppress the evil
for which the law was enacted. National Assembly v The President (2003).
Heydon’s Case
- EJUSDEM GENERIS RULE: “of the same kind” restricts general words to
the context of specific words following. Buhari v Yusuf, Jammal Steel
Structures Ltd v ACB.
- BENEFICIAL CONSTRUCTION: adopt wider approach in interpreting
constitution, FHR, etc. Savannah Bank v Ajilo. Constitutional provisions are
interpreted broadly and liberally-Nafiu Rabiu v The State. Kalu v Odili.
- PURPOSIVE RULE: PDP v INEC.
- PRESERVATIVE RULE: interpretation should advance the object of the
statute and development of the legal system.
- BLUE PENCIL RULE: A.G. Ondo State v A.G. Federation.
- SPECIFIC OVERRIDE GENERAL: generalia specialibus non derogant; a
general provision does not derogate from a specific provision.
- PROVISIONS OUSTING JURISDICTION OF COURT ARE
INTERPRETED RESTRICTIVELY-Fawehinmi v Abacha.
Page 21 of 50
- Expressio Uniusestexclusioalterius; the express mention of one thing is the

implied exclusion of that not mentioned. PDP v INEC.
- Lex Non-Cogit Impossibilia: the law cannot demand the doing of the
impossible. Therefore more workable interpretation be adopted.
- One should not benefit from his wrong-Amadi v Nsirim.
- Contra Profentes Rule: Statutes seeking to curtail a person’s right should be
interpreted strictly. E.g. Taxation Statutes.
- Exclusio Ulnarius Presumption: things not mentioned in the statute are not
within its ambit.
:: INTRODUCTION TO TRIAL ADVOCACY: advocacy refers to pleading a
case in court or tribunal. It refers to skills employed by a lawyer in the course
of court proceedings to persuade the (unbiased) judge to rule in his favour.
:: CASE THEORY AND TRIAL PLAN: After ascertaining the facts of the case
(from interviewing, studying pleadings and other court processes), he then
makes a logical adaptation of facts to the law (case theory) and decides on the
strategy to adopt (trial plan).
He begins with a brief statement of facts to familiarise the court (from his point
of view) of the case at hand (opening speech). Then puts questions to witnesses
to elicit important information (examination) and concludes his case with a
brief but detailed presentation of the facts and argument in favour of his case
(closing speech/Final Address). These encompass trial advocacy. A lawyer
needs to skilfully do the above.
:: GENERAL PRINCIPLES OF ADVOCACY: -LP is to be guided by rules,
conventions and regulations. He is to prepare for the case and put in his best-
Rule 14 and 16 RPC
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WEEK 11
Page 22 of 50
(I) ADVOCACY PRACTICE 2; (II) ADVERTISEMENT AND

IMPROPER ATTRACTION OF BUSINESS
:: EXAMINATION: consist of –examination in chief, -cross examination and
re-examination each of which can be used to elicit relevant
evidence/information to prove, disprove or clarify assertion/ambiguities
respectively.. See Section 214, 221 Evidence Act 2011.
:: EXAMINATION IN CHIEF 221 EA: examination of a witness by party who
called him to elicit material evidence in support of his case-S 214 EA. Open
ended questions are preferable. Leading questions are generally not allowed
except for introductory matters, undisputed facts, where the court permits19 or
where the witness has been declared to be hostile by the court20
:: CROSS-EXAMINATION: 214 EA Is examination of witness by a party
other than the party who called him so as to destroy or weaken the case of the
opponent or discredit/impeach the witness’s credibility.
Cross-examination is not mandatory but may be crucial as rational and
probable facts not cross-examined upon are deemed admitted. Co-accused too
can cross examine witness. More leeway here as leading questions may be
asked but scandalous, needlessly offensive, indecent questions would be
disallowed except they are relevant and in issue.
LP may utilise the confrontation (questions which discredit evidence and ties
witness to his answer… usually leading questions are used here), probing
(identifying weakness in statement so as to expose his mistake or ignorance) or
insinuation technique (asking witness to confirm or deny the truth of his
assertion/statement). Questions here need not be limited to facts elicited in
examination in chief or facts directly in issue but must be relevant.
Persons summoned to only produce documents cannot be cross examined-218
EA
:: RE-EXAMINATION: examination of witness by party who called him so as
to clear ambiguities which arose during cross-examination. No leading
19
Also when there are no objections raised, such questions may still be taken-Garba v The Queen.
20
A hostile witness is one that is biased or compromised and unwilling to testify or tell the truth-Esan
v State, 231 EA… a witness that turns adverse to the case of the party that called him. Once declared
hostile by the court, he can be cross examined by the party that called him and once discredited, his
evidence would be treated as unreliable-Aderemi v The State. 230 EA, Esan v The State, Adeleye v
The State (2015).
Page 23 of 50
questions (except with permission of the court) and if new issues are raised,
opponent can cross-examine the witness on the issues raised.
At the end of examination, there may be final address which urges the court to
deliver judgment in favour of the party addressing it by identifying the facts,
issues, argument and prayer. After judgment is given, letter is sent to client
telling him the outcome and possible option available. Then a dissatisfied
litigant may appeal.
Note that by virtue of the Frontloading spirit, in examination in chief, the
witness just adopts his written statement no oath that had already been filed
rather than telling the court the whole story again. The counsel lawyer merely
adopts his written address in closing address stage. This has whittled the
Advocacy efficacy but it saves time and prevents springing of surprises.
:: IMPROPER ATTRACTION OF BUSINESS: is regulated so as to maintain
the dignity of the profession.
- ADVERTISING: Was absolutely prohibited under R 30 RPC 1979 (LPDC v
Fawehinmi) but under the current Rule 39 RPC 2007 it may be allowed where
it is fair, proper, reasonable and complies with the law and Rules of
Professional Conduct. The advertisement or promotion should not be calculated
to mislead, exaggerate/promote his practice, constitute nuisance/annoyance,
belittle other’s legal practice nor be such as can diminish public confidence in
the legal profession.
- SOLICITING: Soliciting professional employment is absolutely prohibited
Rule 39(3)… Whether directly or indirectly through circulating handbills,
publication in newspaper, sound recording, advertisement, touts, and other self-
aggrandisement schemes. Although publishing a brief informative data about
himself (like name, address, institutions attended, posts held, honours, etc.) in
a reputable law list or directory may not be regarded as soliciting (39(4)).
- INSTIGATING LITIGATION OR CONTROVERSY/FOMENTING
STRIFE: a lawyer is prohibited from importuning upon a person to take up
legal action where he is not consulted. At Common law he may be guilty of
Champerty-Re A Solicitor Ex Parte Law Society. Except ties of blood
relationship or trust makes it necessary-Rule 47. It manifest in conducts like; -
Searching for defects in title; - Seeking Claimants of personal injuries; -
Engaging agents to follow up on accidents; - Offering rewards to persons to
influence legal work in their favour, etc. all with a view to employment in
litigation.
Page 24 of 50
:: PERMITS: name, address on note, envelope, visiting cards, sober/reasonably

designed office sign post, articles/publication, notices of change of address sent
to clients or other lawyers in his locality or publication in local journal of his
availability to serve other lawyers as associates or consultants, publication is
for client, participation in media programs provided he does not accept
employment therefrom-Rule 40-46 respectively.
It appears hosting of website should not be wrong except used to improperly
attract business.
______________________________________________________________
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WEEK 12
(I) LAW OFFICE MANAGEMENT.
:: ESTABLISHMENT OF A LAW FIRM: a law firm is more like a legal
practitioner’s place of work. Once called to the bar and enrolled at Supreme
Court of Nigeria, a solicitor may set up a firm. He need NOT have undergone
pupillage.
- REASONS: To obey Rule 22 (conduct client interview in Law Office), to
engage in private practice (for ambition, independence, profitability, necessity,
etc).
- He would need to find a suitable premises (looking at location, finance and
clientele). It should be secured, serene preferably close to court/business and
insured.
- Law office may be purpose built, an existing building or in his home.
- To establish the Law Office; he would require knowledge, skill and (of
course) finance (from personal, loan, overdraft, friends and family).
- To succeed in practice, he would require; diligence, honesty, integrity, hard
work, determination and commitment-Adewunmi v Plastex (Nig) Ltd.
- VISION: Long-term goal of the company.
- MISSION (STATEMENT): Short-term goal of the company.
- GOALS:
Page 25 of 50
- STAFFING: may be fee earners (LP) or supporting (non-LP like receptionist,

Office manager, accountants, driver, litigation clerk, etc.). he could get them
by advertisement, introduction/recommendation by agencies, existing or
former staff, on-line invitation, etc21.
- NOTIFICATION REQUIREMENT: RULE 13 RPC. Discussed later.
- SAN AND LAW OFFICE: a standard law office is required for a SAN.
A good law office would usually have a reception, practitioners’ room,
supporting staff room, library/conference, toilet. But it appears library is not
among the most basic. See Paragraph 15 Guidelines for Conferment of Rank of
SAN.
- LEGAL RESTRICTION FROM SHARING WITH NON-LP OR
ESTABLISHING CORPORATION. Rule 5.
:: CLASSIFICATION OF A LAW FIRM: may be small, medium or large
based on the combination of various criteria like facilities, number and status
of lawyers in firm, location, clients, etc.
:: ORGANIZATION OF LAW FIRM.
- SOLE PRACTITIONER: Here a single practitioner, establishes, takes
decisions, takes losses and benefits, manages, chooses area of specialization
and practices alone although he may employ support (non-legal) staff like
secretary, clerk, etc. disadvantage is seen in the workload and absence of
holiday. This may result in not meeting deadlines, lower quality of decision and
inability of the firm to survive in the time of his death.
- SOLE PROPRIETORSHIP: Just like sole practitioner but here he employs
other legal practitioners and support staff. Obi Okoye says this is the most
common.
- ASSOCIATESHIP: here two or more practitioners contribute resources for
establishing and managing22 law office premises but each practices
independently and has his separate clients. There may be the opportunity to rub
21
After selecting the staff, there is an interview and induction of staff (acquainting them with the
history, procedures, staffing, hierarchy, nature of his job etc. integrate him into the working system of
the law firm. There should be disciplinary and grievances procedures (like verbal admonitions,
queries, warnings, suspension, pay cuts, dismissal, etc.) and be stated in the office manual.
22
E.g. employing support staff, getting machinery, rent, recurrent expenses, etc.
Page 26 of 50
minds. But the issues of one LP coveting the other’s client or division of loyalty
of the support staff may arise.
- PARTNERSHIP: two or more LP contribute resources to establish and
manage a law office as joint owners who bear profits and losses as per their
agreement (oral, written or deed of partnership agreement). They are agents of
one another and fiducials. There is better rubbing of minds, potential for more
clients, etc. Although there may be slower decision making, joint liability (for
another partner’s misdeed-United Bank of Kuwait v Hammond), distrust, fear,
ego, greed, indiscipline, rivalry and incompatibility among partners which
could culminate in its breakup. Death of a principal partner may also terminate
it. Note: no partnership with non-lp, LP should remove his name once promoted
to a judge, A sole proprietor should not hold himself out as a partnership.
:: PLANNING: is tactically or operationally forging out strategies to meet goals
of the firm taking into account the environment (i.e. social, political and
economic) and available finances, facilities, staff, clients. Records should be
kept.
- TYPES OF PLANNING: Strategic, Tactical and Operational.
- ENVIRONMENTS THAT AFFECT PLANNING: Social, Political and
Economic.
- ITEMS OF PLANNING: Finance, Service, Clients, Facilities, Staff.
:: PRIORITISING AND HANDLING OF WORK: LEGAL AND NON-
LEGAL CORRESPONDENCE should be shared between legal and non-legal
works for the legal and non-legal staff. Time management is important. Pending
matters should be put on a scale of preference and deadlines noted.
:: REMINDER SYSTEMS: can be used. They may be: - Personal (Like
Personal and Office Diary); OR - Firm-Wide (Pre-Printed Form, Office
Computers, Card Index).
:: MANAGEMENT STRUCTURES: The chosen type of MS depends on the
nature, size and type of law office. Types of MS may be management by: Sole
Owner; - Associates; - Single (Managing) Partner; - Committee of Partners (for
larger partnership firms); - All Partners or; - Management by Experts.
:: MANAGEMENT FUNCTIONS: because clients have become more
sophisticated, markets more competitive and legal issues intricate… after
choosing management structure, there is the need to tinker how it should be
Page 27 of 50
managed/functions so as to adapt to evolving trends, keep up with competition

and achieving vision and mission of firm23. The MF INCLUDES;
- Planning (ALREADY DISCUSSED).
- ORGANISING: Strategically allocate activities to be performed to
individuals based on specialty (e.g. litigation, soliciting, administrative work,
etc).
- COORDINATING; strategically monitor assigned duties and ensure they are
efficiently carried out in accordance with the mission and vision of the firm.
- IMPLEMENTING;
- CONTROLLING;
- MONITORING; monitoring each segment of the law firm to ensure
conformity with goals of the firm OOICME (OH OH I SEE… HMM
EVALUATION)
- EVALUATION (HOW CAN FIRM EVALUATE FINANCIAL SUCCESS
AND RELATIONSHIP WITH CLIENTS?): Largely periodic financial
auditing and analysis of legal work. To serve as guide to future strategy
mapping to achieve better results.
For effective management and administration, flexible and adaptive procedures
for regulating work and performance tasks should be made. These procedures
should be contained in the Staff Manual24.
:: MANAGEMENT SKILLS REQUIRED TO RUN A LAW FIRM:
ORGANIZING AND COORDINATING.
:: FILING SYSTEM AND LAW OFFICE RECORD: needed for efficient
administration and retrieval of information. Documents and records can be filed
in soft or hard copy in alphabetical or non-alphabetical order (index) with a
centralized or decentralised filing policy (depending on the size and nature of
the firm).
The records include: Office Manual, Staff Register, Equipment and Machine
Register, Book and Periodicals Register, Master File Register, Closed File
23
Which are long and short-term goals respectively.
24
The staff manual is more like the office’s rules and regulation/constitution. It usually contains and
deals with issues on; working hours, confidentiality at work, Absence and lateness, overtime,
holidays, Leave, method of answering the phone or other correspondence, procedure for borrowing or
removing office books, disciplinary procedure, grievance procedure.
Page 28 of 50
Register, Referral Register, Internal Telephone Direcotry, Incoming and

Outgoing correspondence, Telephone call book, Visitor’s Book, Accounts
Books, etc.
:: OFFICE EQUIPMENT, MACHINES AND SUPPLIES. Equipment and
machines are necessary and can be acquired either by leasing or purchasing or
hire-purchasing if there is a buy back agreement. The mode depends on the
available finance as it would be unwise to spend limited finance on purchasing.
- Machines: are technologies which enable equipment to function. E.g.
Generating set, motor vehicles.
- Equipment: include computers, photocopying machine, binding machine,
printer, dictating machine, rubber stamps, projector, internet devices, projector,
TV, DVD Player, etc.
- Supplies: letter headed papers, business cards, invoice books, forms, sealing
wax, office pin, envelops, paper clips, other stationeries and so on.
:: IT IN LAW OFFICE MANAGEMENT: is the use of computer and
telecommunications in communicating and transmitting document, data and
other information. I.T. has made radical changes in various walks of life
including Legal Practice.
Creation, transmission and storage is in real time with easier retrieval moreso
with the introduction of efficient search engines like google, yahoo, etc.
Various firms, companies, corporations and even government
agencies/parastatals now incorporate IT. e.g. CAC (cac.gov.ng), FIRS
(firs.gov.ng), UNILAG (Unilag.edu.ng).
:: USE OF AND APPLICATION OF INFORMATION TECHNOLOGY IN
THE MANAGING LAW OFFICE: it is useful. Apps and platforms like
Microsoft Word (for documents), Microsoft Excel (for calculations), Microsoft
Powerpoint (for presentation), Google search, Virtual Libraries (like Law
Pavilon), for effective case management. Iin courts, recorders and automated
note takers could be used, Microsoft office, storage devices, modems,
electronic diaries, email, social media, websites, cloud storage. Various IT
facilities exists (all electronics kinda).
:: ADVANTAGES: Reduces workload, cuts cost, increase capacity, improved
efficiency and delivery, saves time, Faster retrieval of information and more
precise results therefore improving legal research, documents in IT Format can
Page 29 of 50
easily be edited, bridged distance and time, more seamlessness in

communication.
:: DISADVANTAGES: Redundancy of humans leading to job loss, the global
contact created by the internet may be unfair competition to lawyers in
emerging economies, malware and viruses, privacy concerns such as Spying,
wiretapping, interception of signals, etc.
:: CHALLENGES AND SOLUTIONS.
- Unstable Network connectivity may hinder communication. A reputable and
stable network provider should be used.
- Irregular power supply and the resultant cost of running generating sets.
Although laptops can be used.
- Cost of Acquiring ICT facilities: loan or hire can be used.
- Cyber Crime/IT-Theft, Hacking: Laws have been enacted in this regard. Anti-
phishings and Ad blockers can be used.
- File Corruption and virus may result in loss of information. Malware and
Viruses. Anti-viruses should be used… regular backups too.
- Computer Illiteracy among many Lawyers: wider education.
- Super fast evolution of technology and keeping up may be cost intensive in
terms of acquisition and training of staff.
Note that disadvantages and challenges should be separated but you may take
one from the other if you run out of gist/points.
______________________________________________________________
______________________________________________________________
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WEEK 13
(I) APPOINTMENT AND DISCIPLINE OF JUDICIAL OFFICERS
AND LEGAL PRACTITIONERS.
Judicial officers for the purpose of this discussion are judges who preside over
Superior Courts Of Record as enumerated in Section 292, 318 Of the 1999
Constitution. (i.e. SC, CofA, NIC, FHC, HCFCT, HCS, CCA FCT and S, SCA
Page 30 of 50
FCT and S. Their appointment and removal are regulated by the constitution
and NJC guidelines.
:: QUALIFICATION FOR APPOINTMENT: in terms of years; it varies from
court and position. SC = 15 years, COA = 12 years, other courts = 10 years post
call (to bar) experience. For Sharia Courts of Appeal, a non-LP may qualify
provided he has at least 12 years qualification in Islamic Law from any NJC
accepted institution with considerable experience or distinction in the practice
of Islamic Law.
Disqualified from appointment if he/she is a member (or had been a member in
the last 3 years) of NJC, Federal or State Judicial Service Commission, or
Judicial Service Committee (JSC) of the F.C.T.
The appointment of the CJN, Justices of the Supreme Court, President of the
Court of Appeal, Chief Judge of the Federal High Court, Chief Judge of the
FCT FHC, President of the CCAFCT, Grand Kadi of SCAFCT is by the
President upon recommendation of the NJC subject to confirmation of such
appointment by the Senate. See for example Section 231, 238, 250 CFRN. For
other judges of the above listed courts (except the Supreme Court) there is no
need for confirmation of such appointment by the Senate.
For appointment of Chief Judge of State High Court, GK SCA, PCCA of state;
it is by the governor of the state on recommendation of the Natinoal Judicial
Council subject to the confirmation of such appointment by the House of
Assembly of the State in question. For other judges of the above listed courts,
no confirmation of HOA is needed. See for example; Section 271 for State
High Court.
:: BODIES RESPONSIBLE FOR APPOINTMENT (NOT IN CURRICULUM
THOUGH): 3rd Schedule Part 1 CFRN 1999.
1. The National Judicial Council25: composed of CJN, next most senior SC
Justice, President of Court of Appeal, CJ FHC, NIC, Then CJN selects Five
CJs, five Retired justices (either of SCourt or CofA) One Grand Kadi, One
President of CCA and 5 members of NBA of not less that 15 years post call
experience… all to serve in rotation for two years. Finally; Two other non-lp
in CJN’s estimation to be of unquestionable integrity.
25
THE SECRETARY OF THE COUNCIL IS APPOINED BE THE njc ON recommendation of the FJSC and he
shall be a LP.
Page 31 of 50
The NJC recommends (to president and governor of concerned state)

appointments, discipline and removal of all superior courts Judges in Nigeria26
from list of nominees submitted to it by the:
2. Federal Judicial Service Commission (suggestions on who should be
nominated (or removed) as head or Justice/Judge of SC, CofA, FHC, NIC and
Code of Conduct Tribunal).
3. Judicial Service Committee for the FCT (with regards to FCT superior
Court judges i.e. HCFCT, SCAFCT, CCAFCT27).
4. State Judicial Service Committee (for superior court judges of the state i.e.
HC, SCA, CCA). Additionally, the NJC manage and disburse money for
service of the NJC and judiciary.
5. President, governor, senate, HOA.
Where there is a vacancy, the next most senior judicial officer would be
appointed to fill the vacancy for not more than 3 months.
:: PROCEDURE FOR APPOINTMENT:
The Revised NJC Guidelines and Procedural Rules for Appointment of Judicial
Officers of Superior Courts of Record in Nigeria 2014 (replaced 2003
guidelines) have been designed to ensure transparency in the selection process
so that the most reputable are nominated and selected.
First there is a Notification; usually the head of the respective court would
request the appointment of a specified number of judges to the recommending
authority (FJSC, FJSCFCT, SJSC) which in turn intimates the governor and the
secretary of the NJC of such request.
Second: When governor (or CJN for federal courts) consents to this28; the head
of the court concerned would publicise/request for nominations from every
judicial officer in the State within a period of time.
26
Also appoint, dismiss and discipline members and staff of the NJC. Also advises the president and
governor when their advice is sought on matters and also handles broad issues of policy and
administration.
27
then it can appoint, promote and exercise disciplinary control over the Registrars and chief registrar
of the above listed courts together with those of the Magistrate, District and Area Courts. Check 3rd
Schedule Part III Of the 1999 Constitution. It is chaired by the CJHCFCT 27
28
May recommend a lower number after consultation with NJC Secretary on how many more they
can take.
Page 32 of 50
Third: Candidates (double the number to be appointed) are shortlisted from the
recommendations/application to come up with provisional shortlist29.
Fourth: the names of shortlisted candidates would be circulated to present and
retired judicial officers in the state/of the court and the NBA for comments. The
candidates shall fill NJC Form A and returned to the concerned Judicial
Commission30
Fifth: The judicial commission shall consider the names, documents, etc. and
decide which names to finally forward to the NJC as the Final Shortlist. Having
regard to Ethics, Moral, integrity and repute, not misrepresented in his
application. After this; they forward the final list to NJC with written requiest
that the candidates have been selected in compliance with the NJC guidelines
and that same selected candidates should be recommended for appointment.
They should attach the following documents; - a letter of intention, governor’s
approval, minutes of meeting of the FJSC, SJSC or FCT, CV of Candidate,
Comments on proof of availability of accommodation, court rooms, cars and
other necessary facilities for the judge.
Sixth: the NJC recommends to the President or Governor who appoints in
accordance with the CFRN provision discussed above.
:: GROUNDS FOR DISCIPLINE AND REMOVAL OF JUDICIAL
OFFICERS:
- Misconduct: like abuse of office, corruption, conviction for crime, other acts
that erode confidence in the Judiciary/Judge-AG Cross Rivers v Esin.
- Breach of Code of Conduct: for Judicial Officers… like refusal to declare
assets, dishonest declaration of assets, personal involvement in private
business, improper social relationship (Rule 2). Check code of conduct.
- Inability to discharge the functions of his office (maybe due to infirmity of
mind or body).
Note that NJC may exercise other disciplinary control other than removal. It
can only recommend removal.
:: PROCEDURE FOR REMOVAL OF JUDICIAL OFFICERS:
29
Having regard to experience, seniority, expertise, reputation, federal character, etc-Rule 3.
30
Attaching CV, 10 judgments obtained or delivered in contested cases in the past two years, medical
test result, report from SSS, etc.
Page 33 of 50
The Code of Conduct for Judicial officers and Constitution guarantees security
of office of judicial officers but on any of the earlier discussed ground, they
may be removed provided due process is followed.
First a Complaint against a judicial officer is sent to NJC (headed by CJN).
Second: A committee is set up to investigate the allegation.
Third: Judicial officer concerned is notified in writing of the allegation and
given reasonable time to react and be accorded fair hearing.
Where allegation is proved, the NJC would recommend31 the removal of the
concerned Federal or State Court Judge to the President or Governor
respectively.
From (Section 292 CFRN 1999); after recommendation by NJC, The president
or governor (as the case may be) may remove the judge concerned provided
that if it is the head of a Court, he should be acting on an address supported by
at least 2/3 majority of the Senate or HOA respectively32.
:: TYPES OF PROFESSIONAL OFFENCES BY LAWYERS: Section 11, 12
LPA, Rules 3-19 LPDC Rules 2006. They are four.
- Infamous Conduct committed *in a Professional Respect*: a behaviour that
is unacceptable and would be dishonourable by his professional brethren of
good repute. Solicitor Ex-parte Law Society, MDPT v Okonkwo. This varies
and where it is for a crime, the crime should be tired first before discipline
commences-Garba v Uni Maiduguri, Denloye v MDPDC. Akintemi and Ors
v Onasumechili… and where he is acquitted on technical grounds, discipline
could still be commenced. A breach of a RPC can be brought under this-Onitiri
Fadipe Charge No. LPDC/IP/82, NBA v Alabi (put Client’s money in his
account, Charles Okike v LPDC (misappropriated client’s money), Re A
Solicitor Ex Parte the Incorporated Law Society
- Conviction by Competent Court of Nigeria for offence incompatible with the
Status of a Legal Practitioner: e.g. financial dishonesty/fraud-R v Abuah, Re
Abuah Drug Dealing, treason, etc. Re Weare. He should have been convicted
and no appeal should be pending. Argued that it constitutes double jeopardy
31
Empowered under Third Schedule Part 1 CFRN
32
As It appears there should be a prior recommendation from the NJC, before confirmation of
senante-Erelu Habeeb v National Judicial Council.
Page 34 of 50
but dismissed in Re Abuah that striking off is not punishment but necessary to
protect the profession33.
- Obtaining Enrolment by Fraud: maybe by misrepresenting facts, forgery of
certificates, non-fulfilment of requisites (qualifying certificate, good character,
etc), and other acts which would have disentitled him form enrolment. Provided
such misrepresentation was instrumental to his enrolment notwithstanding that
it subsequently turned out to be true.
- Other conducts incompatible with the status of Legal Practitioners: i.e. other
conducts that could bring the profession into dishonour/disrepute like habitual
drunkenness, using foul language, street brawl, seducing client’s wife, etc. as
the requirement of good character still remains after call to bar.
:: PUNISHMENT OF LAWYERS FOR PROFESSIONAL MISCONDUCT:
ERELU-HABEEB V. NATIONAL JUDICIAL COUNCIL (2012(13 NWLR
(PT. 1318) 423 Look at Rule 3-19 of the LPDC Rules 2006
First a written complaint may be against a LP and forwarded to CJN or PCoA
or any AG or any CJ or President or Chairman of NBA or Chairman of the
Body of Benchers. Rule 3.
Upon receipt, the complaint is forwarded to the NBA which shall conduct and
investigation (written representations from the LP can be entertained) and if
satisfied, forward a report and copy of complaint to the Secretary LPDC34.
A date is fixed for hearing by the secretary on the direction of the Chairman of
LPDC and hearing notices (along with complaint and NBA investigation
report) are served upon parties to the proceeding. At least 15 days should lapse
between service of hearing notice and hearing.
All parties should be heard in public. Witnesses, document and evidence be
received, the procedure of EA and rules of Natural Justice be complied with-
LPDC v Fawehinmi, See Denloye v MDPDC. Upon proof of service, the
committee may proceed to hear in the absence of the counsel although absent
counsel may apply for a re-hearing in his presence within 30 days from
pronouncement and directions of the committee. The committee may
discretionarily grant such request where deserving.
33
That conviction was quashed on technical ground may not absolve him of punishment especially
where evidence is strong and compelling.
34
Note emphasis on NJC for discipline of Judge and LPDC for discipline of LP.
Page 35 of 50
The committee shall record whether it finds that the allegation has not been
proved or has been proved. In the latter scenario it may give directions that the
LP’s name be struck off the roll or LP be suspended for a certain period or
admonishment. Money fraudulently obtained by LP can also be ordered to be
refunded. Section 11 LPDC Act. Rule 17 LPDC Rules. Such directions should
be gazetted.
:: RE-INSTATEMENT OF A LAWYER’S NAME AND CANCELLATION
OF SUSPENSION: Application for Restoration of Name/ Cancellation of
Suspension can be made by the punished lawyer to the SC, CJN, or LPDC
(whichever one punished him).
The disciplinary body, in considering the application, will look at the gravity
of the offence, genuine remorse, and whether in the intervening years the
lawyer has become fit and proper to be readmitted into the legal profession-
Elias CJN in R v A. Abuah. See also Adesanya v AG Federation Re A. C
Abuah. A copy of such restoration order is sent to the BOB and Chief
Registrar of all High Court and possibly the NBA.
:: APPEALS: lie to the Appeal Committee of the Body of Benchers-Akintokun
v LPDC. Appeal from decisions lie to the Supreme Court within 28 days from
the day a copy of the Committee’s decision is served on him-Gani Fawehinmi
v NBA. NBA should initiate proceedings through its registered trustee.
:: DISCIPLINARY JURISDICTION OF THE SUPREME COURT: See
Section 12 and 13 LPA Where it finds LP guilty of infamous conduct in any
professional respect. It may (after hearing representations) make directions (as
to striking off, suspension or admonition) which should also be published in
the gazette.
:: DISCIPLINARY JURISDICTION OF THE CHIEF JUSTICE OF
NIGERIA: Section 13 LPA. Where disciplinary proceedings are to be
instituted (or is ongoing) against a legal practitioner in the LPDC, the CJN may
suspend the LP (after hearing representation from the lp in question). No need
for the person to have actually been convicted by the court.
Other disciplinary bodies include; the Disciplinary committee of the NBA,
Appeal Committee of the Body of Benchers-Akintokun v LPDC 2014.
Page 36 of 50
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WEEK 14(I)
DUTIES OF LAWYER TO COURT, STATE, COLLEAGUES AND
PROFESSION; (II) CONTEMPT OF COURT BY LAWYERS
:: DUTY TO OBSERVE THE RULE OF LAW, promote and foster the course
of justice, and maintain a high standard of professional (and ethical) conduct –
Rule 1. Be candid, honest and fair. NO misrepresentation or wilful suppression
of material fact, chicanery or mislead the court-Rule 32. Re-certain Legal
Practitioners (1960) 5 FSC 233. Prosecution should appreciate the need to do
substantial justice rather than secure conviction at all cost-Rule 37.
:: DRESSING: Reasonably and properly robbed/dressed. R 36 RPC. In
Superior courts dark suits robed with wig and gown.
:: DUTY TO TREAT COURT WITH RESPECT, COURTESY AND
DIGNITY: R 31, Fawehinmi v State. Respectfully and properly address judge
and counsel. My Lord(s) for SC, CofA, HC. Your Worship in Magistrate, Your
honour in Lagos Magistrate and other Customary Court, Your
Lordship/Ladyship (HC and Tribunals). Learned friend (Counsels). Reserve
outbursts and make complaints to the appropriate authorities.
:: PRESENCE AND PUNCTUALITY: He should personally attend and
defend client’s interest (Rule 37) in all sittings and be present preferably up to
30 minutes before his case so as to promote comportment and possibly rehearse
with witnesses. His absence may lead to striking out and or cost and where such
is persistent; contempt or even breach of Rule 14 on dedication and need to
defend to best of ability. He should give prior notice of his absence so court
may adjourn at its discretion. See generally FRN v Abiola.
:: COURTROOM DECORUM: R 36. Rise when addressing or being addressed
to, maintain dignified posture and vocalisation, proper disposition and
mannerism (no chewing gum, chatting, singing, etc.) Seek permission of judge
to act and thank judge for his concessions and permits or comments. Rise when
judge enters till judge sits, announce yourself properly, etc. No exchange of
banter. One person to speak at a time. ESSO West Africa Inc. v. Alli
Page 37 of 50
:: RELATIONSHIP WITH THE JUDGE: Rule 34. He should not actually or

manifestly or impliedly seek special consideration or favour or partiality from
the judge.
:: Not seek unnecessary adjournments to waste the time of the court. Rather
conduct case in logical sequence.
:: AVOID TRIAL PUBLICITY: Rule 33. Do not make extra-judicial statement
that are likely to interfere with or prejudice the fair trial or outcome of the case.
:: CORRUPTION AND ECONOMIC CRIMES AND THE LAWYERS’
ROLE; he is to represent his client within the bounds of law Rule 15. Should
not submit to unlawful importuning and can even withdraw. Myers v Elman.
7c Offender. He should not aid and abet corruption especially by way of money
laundering. Section 6 of the Money Laundering (Prohibition) Act 2011
mandates disclosure of suspicious transactions of client to EFCC else he may
also be liable and Section 7 says lawyer should maintain identity of client for
at least 5 years after the relationship. Note NBA v AG FED and CBN where
court held that Section 25 MLA does not apply to lawyers.
:: DUTY TO UPHOLD DIGNITY OF THE PROFESSION: expose corrupt
and dishonest conduct in the profession. Rule 2.
:: DUTY TO PREVENT ADMISSION OF UNFIT AND UNQUALIFIED
PERSONS INTO THE LEGAL PROFESSION
:: NOT TO AID THE UNAUTHORIZED PRACTICE OF THE LAW (this
may be in form of sharing his legal fees or carrying on LP with a non-lawyer
or franking a document prepared by a non lawyer as though he were the maker)-
Rule 4RULES 2 AND 3
:: Avoidance Of Intermediary In The Practice Of The Law– RULE 4.
:: Not To Set Up Legal Practice As Corporation Or Association: Rule 5.
:: NOTIFICATION OF SETTING UP OR RELOCATION OF LEGAL
PRACTICE (not later than 30 days of commencement of practice)– RULES 9
– 13
:: LAWYER AS OFFICER OF COURT- RULE 1 and 30-Military Governor
of Lagos State v Adeyiga. To uphold the law and promote the cause of justice
then on 30, to show utmost respect for the court
Page 38 of 50
:: EMPLOYMENT IN CRIMINAL CASES AND LAWYER FOR AN

INDIGENT ACCUSED – RULES 37 & 38
:: FELLOWSHIP AND PRECEDENCE- RULE 26
There is equality at the bar but there is an order of
SENIORITY/PRECEDENCE:
- A.G Fed.
- AG States (where in High Court of his State).
- Life Bencher (See Section 6(3) LPA)
- SAN.
- Persons authorized to practice for the purpose of their office.
- Persons whose names are on the role in order of seniority.
- Persons authorized to practice by warrant.
The First Four Are entitled to sit in inner bar or front row and mention out of
cause.
:: GOOD FAITH AND FAIRNESS AMONG LAWYERS – RULE 27.
Courtesy and fairness to the other party and witnesses too-Rule 25.
:: ASSOCIATING WITH OTHER LAWYERS IN MATTER AND CHANGE
OF LAWYER
:: CONTEMPT OF COURT: any wilful conduct or omission which tend to
obstruct or interfere with the administration of justice or bring the authority and
administration of justice into scorn, disrespect or disrepute. Atake v AG
Federation The liability of contempt is one of the protective modes of fighting
such conducts. Examples includes disrespectful behaviour in court, abusing the
judge, alleging partiality, misrepresenting proceedings of court (S 133 CCode),
private communication to influence judge (especially where it is accompanied
with bribe, prejudicing fair trial, scandalising the court, etc.
Note that fair criticism may be permitted. See Okoduwa v State.
:: TYPES OF CONTEMPT: it may be ex facie or in facie curia. Or criminal or
civil.
- Criminal: same definition as above.
- Civil (non-criminal): same definition as above but manifests more in
disobedience to the judgment, orders or other process of court. Afe Babalola v
Federal Electoral Commission and Anor.
Page 39 of 50
:: PURPOSE OF CONTEMPT: not to make judges dictators but rather to

protect the dignity and seamlessness of the administration of justice to maintain
law and order.
:: PROCEEDINGS FOR CONTEMPT: it appears contempt of court is a
criminal offence thus there should be a specific offence against which he is
charged and he given fair hearing and opportunity to make a defence.
Contempt in facie can be dealt with summarily where the court puts the accused
in the dock (not witness box-S36(11)), informed of the details of his contempt
and asks him to show cause why he should not be punished.
The procedure for ex facie cannot be done summarily. The procedure follows
the complete criminal litigation procedure. Thus, there must be proper arrest,
charge, information in detail arraignment, prosecution, etc. Boyo v AG Mid
West. The judge that was disobeyed/attacked should not hear the case, he be
informed of the details of contempt.
:: PUNISHMENT FOR CONTEMPT: the High Court has inherent jurisdiction
to punish for contempt but it should be exercised for just cause and to uphold
dignity of the court. The court may pardon a contemnor whose conduct is
unintentional and who purges himself by making a sincere apology or
explanation.
Contempt under Section 133 CC Lagos is 3 months, civil contempt is 6
months-Afe Babalola v FEDECO and Anor.
Additional Points from handbook but not in curriculum:
-: Respect is reciprocal… The courts and judges (on their own part) should
respect counsels, ensure fair hearing, natural justice and impartiality rather than
interfering or descending into the arena. Although requests for adjournment
should be granted where reasonable. On this paragraph, note Akinfe v The
State.
-: The counsel should learn the psychology of the court and judges (disposition,
recording speed, attitude), the facilities (parking, robing, sitting, inner bar and
front row is for SANs etc.) of the court and environmental conditions.
-: Since there is generally equality at the bar; Counsels should treat each other
with respect, fairness, consideration and dignity… no malevolence, threats or
ill-feeling-Rule 26. Military Governor of Lagos State v Adeyiga. They should
keep to their word, avoid sharp practices and not covet one another’s clients-
Rule 27.
Page 40 of 50
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WEEK 15: (I) NEGOTIATION; (II) MEDIATION; (III) MULTI-DOOR
COURT HOUSE Refer to discussion in ADR Article.
WEEK 16: ARBITRATION AND CONCILIATION: Refer to discussion in
ADR Article. Kindly Visit Isochukwu.wordpress.com.
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WEEK 17: (I) REMUNERATION OF LEGAL PRACTITIONERS; (II)

DUTIES OF LAWYER ON CHARGING OF CLIENTS
:: TIT-BITS FOR CHARGING: No Arbitrary Fees.
:: GUIDE/RULES TO FIXING FEE: a lawyer is entitled to adequate
remuneration which should not be illegal or excessive-Rule 48 RPC, GTB Plc
v Udoka Anyanwu (2011). No lump sum or fixed fee for a particular type of
court case-Rule 49. Where no fee is paid, he should submit his bill of charges-
Oyo v Mercantile Bank Nig. Ltd. Court can award a reasonable fee in quantum
meruit. FBN PLC v Ndoma Egba.
:: RETAINERS: is an agreement by a lawyer to give his service to a client
either generally (general retainer) or over a particular matter (special retainer)-
Rule 49. He should not advise on or take briefs detrimental to the interest of the
client paying his retainer during the period of the retainer.
: Types of Legal Work: Contentious and non-contentious. The guide for
charging these are laid down in Rule 44(b) RPC.
:: TYPES OF FEES:
- Contingent Fee: paid upon completion of the civil agreement or suit (if suit,
it should be bona fide and reasonable and not contrary to public policy).
Contingent fee is allowed provided client was advised on its effect and the
fee/formula is reasonable and commensurate35 and not vitiated by fraud,
35
Not too high or low.
Page 41 of 50
mistake, undue influence or contrary to public policy-Rule 51. Various factors

listed in Rule 52(1 and 2) would be taken into account36.
- Fixed Fee: non-negotiable usually charged for non-contentious matters.
- Appearance Fee: per appearance including cost, lodging, incidental expenses.
- Hourly: criteria is quite intricate.
- Percentage Fee: depends on the value of the subject matter and services
rendered. May be taxed-FBN Plc v Ndoma Egba.
- Retainer; discussed earlier.
- Scale Fee
:: Note the extent of liability of a lawyer for negligence when he charges fees
for a legal work.
:: SCALE OF CHARGES:
- FOR DOCUMENTATION AND NON CONTENTIOUS MATTERS:
For non-contentious matters; (like drafting of instrument, letters, professional
advice and so on. The LPR(LD&OLM)O applies. IT is divided into three
sections viz;
- Scale One: for sale of land and mortgage transactions. (LP who conducted the
sale should not charge under this scale where he has already been paid a
commission)
- Scale two; for leases. Part one of this scale relates to leases below 35 years,
part II relates to those that are more. The formula for part one is;
Lessor’s LP gets full and Lessee’s LP gets half. If LP represents both, he gets
Full Lessor’s and Half Lessee’s LP fees.
- Scale three; other legal documentation and non-contentious work for which
no scale of charges is provided. E.g. incorporation, search at land registry, etc.
must be fair and reasonable in all circumstance.
:: DIVISION OF FEES. Rule 5.
36
Like the Requisite expertise, intricase/novelty of case, time, labour and energy demands, charges
by colleagues for similar services, contingency and certainty of compensation, amount of money
involved, benefit accruing to the client, etc. these guidelines are also applied in taxation.
Page 42 of 50
:: RECOVERY OF CHARGES (SUING FOR FEES): Check Week 14 and 15

Property Law Practice Note.
- RIGHT TO SUE. Check Property Law Practice note as above.
- COMPETENT COURT. Check Property Law note and Civil Litigation Note
as above.
- ASCERTAINING PROPER CHARGES BY THE COURT.
- TAXATION OF BILL OF CHARGES OF A LEGAL PRACTITIONER:
upon application of the client (within one month of receiving LP’s Bill of
Charges37) for legal practitioner’s fees to be reviewed by officer appointed by
the court to ascertain propriety of the charge and recommend a more
appropriate or deserving fee38.
Court may order client to give security where before one month period.
Taxation of charges is an interlocutory proceeding to the suit for recovery of
charges. Taxation is done in accordance with the LPA and LP(RLDOLM)O.
The amount declared by the taxing officer should be stated in a certificate and
filed in the court with parties being entitled to copies of such certificate39.
- IN CONTENTIOUS BUSINESS: where litigation or other contentious
matters, Rule 52(2) RPC is the consideration.
In conclusion; the LP Charging and Remuneration provisions should be made
more comprehensible.
:: ETHICAL ISSUES IN CHARGING.
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WEEK 18
37
Where this period elapses, application would be by motion on notice and affidavit stating reasons
for delay then prayer for extension of time and then for taxation of BOC. If application is made after
12 months or after judgment has been given, client would need to show more compelling reasons to
justify grant. Once fees have been paid, no suit to tax can be brought after 12 months.
38
LP clearly particularising the items and cost would facilitate proper assessment.
39
It appears the party who applied for taxation should be the one to pay costs but if fees declared by
TO is lower, LP should pay the difference.
Page 43 of 50
(I) LEGAL PRACTITIONERS ACCOUNTS; (II) LEGAL

PRACTITIONERS ACCOUNTS RULES
Legal Practitioners Accounts Rules 1964.
:: BOOKS OF ACCOUNTS TO BE KEPT BY LAWYERS:
- CASH BOOK: relating to the lawyer’s office, client or a trust has 4 columns:
date, particulars, debit (for money received) and credit for (expenditures) by
the lawyer. In new establishments, the first cash book entry is usually Capital40.
There should be one for client or at least a provision for client’s column in the
Dr and Cr parts.
- LEDGER41: permanently records items in the cash book over a period of time.
Payments on the credit side of the Cash book are posted to the Debit Side of
the Ledger and vice versa.
- RECORDS OF BILLS AND NOTICES of such bills sent to the client by the
lawyer.
- JOURNAL/DAYBOOK (daily record where transactions are entered and then
transferred into the ledger and cash books. Not mandatory for lawyers though.
These books, records, and accounts are usually to be kept for at least 6 years
from the date of last entry.
WHEN NOT TO KEEP ACCOUNTS/RECORDS: a lawyer shall not keep
accounts while in public service of the Federation or State, or as a full—time
employee of a statutory corporation (NEPA, NITEL), or as an employee of a
local authority.
METHODS OF RECORDING TRANSACTIONS: may be by each separate
transaction; each group of similar transactions; all transactions in a given
period.
:: THE LEGAL PRACTITIONERS ACCOUNTS RULES; The Confidence

reposed in Legal Practitioners is such that requires fiduciary obligations. The
GCB therefore enacted the Legal Practitioner’s Accounts Rules 1964 to
ensure best practices and prevent misappropriation of client’s money. Section
20(2) LPA also seeks to ensure accountability. Highlights of which include:
40
i.e. what the LP started the practice with.
41
Ledger is the normal debit and credit while cash book is the reverse.
Page 44 of 50
- Personal, Client’s and Trust Money should be kept separate and not mixed.
- Adequate records of transactions and books of account kept42. An accounts
lawyer may be employed depending on logistics and size of firm.
- The GCB can exercise oversight function43 to ascertain whether or not the
rules have been complied with. Books of account, etc., nay be required for
inspection by accountant appointed by the Bar Council and the report of the
Accountant may form the basis for proceedings under the LPA.
Note that client’s specific instructions to LP as to how to deal with his money
supersedes the Rules.
:: Types of Account: Personal (pertaining to a person/partnership or client
company… headed in the name respectively) and impersonal (subdivided into
real {property and cash} and nominal {item, wages, discount, interest}…
headed in the name of the subject matter or piece of work).
:: OBLIGATORY ACCOUNTS. Include the following; -Personal Account: -
Client Account44; - Trust Account.
:: BOOKS OF ACCOUNTS, OBJECTIVES AND VALUES FOR KEEPING
VARIOUS BOOKS OF ACCOUNTS; Book-keeping is needed to show a
record of transactions… clearly depicting money received, expended, debtors
and creditors, assets and liabilities, profit and loss, etc.
:: SOURCES OF CLIENTS MONEY; from conveyancing, negotiation,
litigation, executorship, trust, investment management, Agency work, Fees on
Account (Are present but not yet earned45), miscellaneous funds paid by client
etc.
:: RULES ON CLIENTS AND TRUST MONEY;
LP SHALL (WITHOUT DELAY) PAY THE FOLLOWING MONIES INTO
CLIENT’S ACCOUNTS:
42
Solicitor Trustee should keep this record for at least 6 years-Rule 20. Same is suggested for other
cases.
43
On their own motion or on written request transmitted to GCB by NBA or Individual. Provided a
prima facie case exists. The GCB may require the third party to pay a fixed amount to cover cost (of
inspection and legal practitioner). All requests to by GCB to LP should be in writing and sent to his post
appearing on the SCourt Register. He is deemed to have received after the tenth day of posting.
44
Which may be current or deposit (not savings) in the Lawyer’s name with “client” in title. One may
be opened for each client or one for all clients.
45
Counsel must remit same to client if the work is not carried out. Quantum Meruit may be applied
where part of the work is done.
Page 45 of 50
- All money and cheques46 he receives or holds on behalf of the client47.

- Money necessary for opening the account.
- Money accidentally withdrawn from the account.
HE NEED NOT PAY INTO CLIENT’S ACCOUNT WHERE: the client’s
money is in cash and paid immediately in cash to the client or a third party;
cheques already delivered directly to the client himself or a third party; money
already transferred into the client’s personal account (Rule 9); the client asks
the lawyer not to pay into the account.
HE SHALL NOT PAY THE FOLLOWING INTO CLIENT’S ACCOUNT:
WHERE CLIENT FORBIDS; payment for his legal fees; client’s payment for
debt (which client acknowledged in writing); reimbursement to lawyer for
expenses and costs incurred; other circumstances which the Rules or GCB
stipulates. Check Rule 9.
LP CAN WITHDRAW FROM CLIENT’S ACCOUNT WHERE: the lawyer
received the money in settlement of a debt the client (in writing acknowledged)
owed him; for transaction or payment on behalf of the client; lawyer retains the
money because of expenses and costs he incurred for the client and in respect
of which he has delivered a bill of cost and intimated client of intention to
defray debt with funds in account; mistakenly paid into the account. In addition
(for trust account) money required for the execution of the trust, money to be
transferred to client’s accountant. Other circumstances which the Rules or GCB
stipulates. Check Rule 18. Provided the money should not be in excess of the
funds held by the solicitor trustee.
:: PROTECTION OF CLIENT ACCOUNT: a lawyer’s debt to his bank cannot
be satisfied from a client account in the same bank (merger of account). A bank
or the government may inquire only about the account holder, which is the
lawyer. When the lawyer dies the account will not form part of his estate. Taxes
are not paid on client accounts. Note however that client’s account may be
resorted to; by Judgment Creditor; in bankruptcy; tracing of illegally obtained
money by appropriate authority which then attaches same.
- For Trust Money:
The rules are largely the same as that for client’s money except that a separate
account must be opened for each trust. Although in Client’s money there could
be a general account to service all clients. LP should account to the trust for
interest earned.
46
Which he did not split.
47
This may have been received as agent, bailee, stakeholder or other capacity.
Page 46 of 50
Trust Account: must be opened when the lawyer is also a solicitor—trustee

under the LPAR or receives money subject to a trust. The lawyer must be a sole
trustee or co—trustee with a partner, clerk, or servant in his firm (not a lawyer
from another firm)48. ‘Trustee’ or ‘Executor’ shall appear in the title of trust
account.
WHEN SHOULD (OR WHICH) MONEY BE PAID FORTHWITH INTO A
TRUST BANK ACCOUNT?
- Money subject to the trust.
- Money necessary for opening the Trust bank account.
- Money required to be split between the trust account and another account.
- Money accidentally witdrawn from the account.
- Such money to be paid into the trust account or as court orders.
WHEN CAN MONEY BE WITHDRAWN FROM A TRUST BANK
ACCOUNT?
- Payment for the execution of the trust.
- Money mistakenly paid into the account by him.
- Money to be transferred to a separate bank account (usually on instruction).
WHEN HE NEED NOT PAY
- If the money is subject to a trust of which he is a solicitor trustee.
- Cash /-Cheque paid out to a third party in execution of the trust
Trustee is not liable for investment later becoming unauthorised. Note also that
the Lawyer has a right (whether by way of set-off, counter claim, charge, etc)
against moneys standing to the credit of a client account.
:: INSPECTION OF ACCOUNTS AND ENFORCEMENT
The bar council (GCB) can order (in writing, signed by its secretary and served
at the lawyer’s last known address) for the inspection of the books of account
of a lawyer on an application from the NBA or a third party49, or by itself.
48
Controlled trust. It appears that reference to trust here means deceased person’s estate.
49
There should be a prima facie case and may be required to pay money to cover cost of inspection
Page 47 of 50
The lawyer ordered must supply all his books. The council could order him
instead to obtain a certificate from an accountant of his choice50 stating that his
books are in form51.
OBJECTIVES OF KEEPING A CASH BOOK.
- Accountability.
- Record of Financial Activities and financial state of affairs.
- Clarity in handling of various client’s money and sequestering where
necessary.
- Assess his practice.
- Prevent mix up of funds.
- In partnership, makes each partner know his standing and that of the
partnership.
- Prevent Misappropriation of Trust Money.
Note that unlike under Client’s account where each item of the leger is on a
distinct heading. For trust account, they are not separated.
A little more on accounting:
There is the double entry book keeping style52: said to have originated from the
Venetian Merchants of Italy. This system presupposes that for every debit, there
must be a corresponding credit. The receiver is debited with the money value
of what he receives and the giver is credited with the money value of what he
gives.
CAPITAL is needed to startup, purchase machinery, equipment, supplies,
stationery, etc. The total amount (capital, asset and cash in hand (i.e. working
capital)) is called VALUE of the practice and the CAPITAL.
For Cash Account; receipts are “debited” and payments are “credited”.
For Personal Accounts; the receiver is debited while the giver is credited.
For Real Account: Property purchased is debited and property sold is credited.
For Nominal Account: expenses and losses are debited while income and gains
are credited.
50
Where he fails to elect one, the GCB would choose. Rule 21 and 22.
51
Such can only be done if it is GCB or NBA that inquires.
52
Note whether these are also types of books that should be kept by LP as sub topic’d above.
Page 48 of 50
______________________________________________________________
______________________________________________________________
____________________
WEEK 19
(I) LEGAL RESEARCH; (II) CLOSING OF FILES
:: HINTS ON LEGAL RESEARCH:
- Seeking information...Legal Research should be planned and meticulously
carried out.
- The LP should identify what he is looking for, classify it into a legal category,
identify applicable law and sift the facts and compress his query into specifics.
- LP should have a good dictionary, citable records of his information and can
contact colleagues, seniors, court officials, librarians, etc.
- Certain research work could be assigned to junior in chambers
:: FUNCTIONS AND IMPORTANCE OF LEGAL RESEARCH:
- Acquaints LP with the position of the law. Change is constant and learning
never ends.
- Enable him determine justiciability, strengths and weaknesses of client’s case.
- Assist him in preparation for trial and forge course of action. (or giving advise
or making representation). Authorities in support of his case can also be found
by research.
- Makes LP think on his feet, analyse legal problems and tackle sector specific
issues.
:: SOURCES OF MATERIALS IN LEGAL RESEARCH: Nigerian law
comprises of Received English Law, Nigerian Legislations, Case Law,
Customary Law and Islamic Law. These can be derived form:
- Primary Sources: books of law like various Statutes, Laws, Law Reports,
Quran, bye-laws, rules, guidelines, etc.
- Secondary Sources: books about law which provide a guide and are of
persuasive (rather than binding) authority. E.g. treatises.
- Tertiary Sources: can be regarded as finding tools which direct a practitioner
to where to find the law. E.g. indexes, citators, digests, etc.
Page 49 of 50
- Hybrid Sources: like loose-leaf services, formbooks, proof of facts, etc.

Note that legal research could be manual or electronic.
:: CLOSING OF FILES; WHEN AND HOW? A file opened for a particular
case/endeavour can be closed after a certain period from the final determination
of the matter/transaction. Note however that the client’s personal file always
remains open.
HOW? The firm/lawyer is to write a letter to the client informing him of closing
the file with bill of charges if fees remain outstanding or receipt of payment if
payment has already been made. Original copies should be returned to the
client. File is closed by drawing two parallel lines across with the words
CLOSED (in upper case) written between the parallel lines. Then handed over
to the client or kept in the place meant for closed files (i.e. archived) and then
it is entered in the register/index of closed files.
:: NECESSARY MATTERS TO BE DEALT WITH IN CLOSING A FILE:
consider the fees, custody right (i.e. who should keep it), length of period for
keeping files, self assessment/audit, etc.
:: DESTRUCTION OF FILES: the closed file should be retained for a
reasonable length of time preferably one or more year longer than the limitation
period for the action or subject matter depending on storage capacity of the
firm. Afterwhich client should be intimated and then destruction by shredding
or burning. Original documents should not be destroyed.
Page 50 of 50

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Law Notes, Past Questions and Answers at www.isochukwu.

JESUS LOVES YOU

WEEK 4 - REGULATORY BODIES IN THE LEGAL PROFESSION;

- Sponsor aspirant to the bar who nominated by NBA, 10

- Keeps database of LP offices and

Legal - Confers rank of SAN on qualified CJN and one SC Justice,

153 removal / discipline of Judicial most Senior SCourt Justice,

:: EXCLUSIVE RIGHTS OF LAWYERS/LEGAL PRACTITIONERS IN

- Be appointed Judge of a Superior Court (excluding Sharia and Customary

WEEK 5 AND 6- LAWYER’S DUTY TO CLIENTS, INTERVIEWING,

:: DUTY TO ACCEPT (LITIGATION) BRIEF10 Rule 24: (Cab Rank Rule)

WEEK 7. DRAFTING 1: (I) BASIC DRAFTING PRINCIPLES; (II)

- Opinion Letters: offering advise to client.

:: SUBJECT TO CONTRACT: Used to show that there is no intention to be

- Repeals: express or by implication.

- Expressio Uniusestexclusioalterius; the express mention of one thing is the

(I) ADVOCACY PRACTICE 2; (II) ADVERTISEMENT AND

:: PERMITS: name, address on note, envelope, visiting cards, sober/reasonably

- STAFFING: may be fee earners (LP) or supporting (non-LP like receptionist,

managed/functions so as to adapt to evolving trends, keep up with competition

Register, Referral Register, Internal Telephone Direcotry, Incoming and

easily be edited, bridged distance and time, more seamlessness in

The NJC recommends (to president and governor of concerned state)

:: RELATIONSHIP WITH THE JUDGE: Rule 34. He should not actually or

:: EMPLOYMENT IN CRIMINAL CASES AND LAWYER FOR AN

:: PURPOSE OF CONTEMPT: not to make judges dictators but rather to

WEEK 17: (I) REMUNERATION OF LEGAL PRACTITIONERS; (II)

mistake, undue influence or contrary to public policy-Rule 51. Various factors

:: RECOVERY OF CHARGES (SUING FOR FEES): Check Week 14 and 15

(I) LEGAL PRACTITIONERS ACCOUNTS; (II) LEGAL

:: THE LEGAL PRACTITIONERS ACCOUNTS RULES; The Confidence

- All money and cheques46 he receives or holds on behalf of the client47.

Trust Account: must be opened when the lawyer is also a solicitor—trustee

- Hybrid Sources: like loose-leaf services, formbooks, proof of facts, etc.

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