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NLS - Professional Ethics > RULES OF PROFESSIONAL CONDUCT > Flashcards

RULES OF PROFESSIONAL CONDUCT Flashcards

1
Q

Rule 15

A

REPRESENTING CLIENT WITHIN THE BOUNDS OF THE LAW

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2
Q

Rule 15(1)

A

Lawyer shall not engage in unlawful conduct in representing client

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3
Q

Rule 15(2)(a)

A

Lawyer shall withdraw from service if client insists on unlawful conduct

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4
Q

Rule 15(3)(d)

A

Lawyer shall inform client of ADR mechanisms before resorting to litigation

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5
Q

Rule 15(5)

A

Lawyer shall not assert his personal belief in the integrity of his client/witness.

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6
Q

Rule 17

A

CONFLICT OF INTEREST

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7
Q

Rule 17(1)

A

(1) Lawyer shall disclose any conflict with interest of client at the time of retainer.

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8
Q

Rule 17(2)

A

Except with the consent of the client after full disclosure has been made, lawyer shall not accept
retainer if the exercise of his professional judgement may be affected by his personal interest.

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9
Q

Rule 17(3)

A

(3) Lawyer shall not acquire proprietary interest in subject matter of litigation except:
(i) Where he acquires lien to secure payment of fees.
(ii) Where he enters into contingent fee arrangement with client in civil case.

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10
Q

Rule 17(5)

A

(5) Shall not appear as counsel in a matter in which he is a party.

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11
Q

Rule 19

A

PRIVILEGE AND CONFIDENCE

Also provided for in S192 Evidence Act

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12
Q

Rule 19(1)/(2)

A

(1)(2) All oral/written communication between a lawyer and client in the course of his employment is privileged and shall not be disclosed.

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13
Q

Rule 19(3)

A

3) A lawyer may disclose confidential information:
(a) With the consent of his client after full disclosure is made.
(b) By order of the court.
(c) To prevent the commission of a crime.
(d) To defend himself from accusation of wrongful conduct or when necessary to collect his fee.

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14
Q

Rule 19(5)

A

(5) Shall not communicate with the other party except with that party’s lawyer.

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15
Q

Rule 19(6)

A

(6) Shall not mislead or advice opposing party not represented by counsel.

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16
Q

Rule 16

A

REPRESENTING CLIENT COMPETENTLY

Shall not handle legal matter he knows he is not competent to handle without associating with other lawyer and shall not neglect matter entrusted to him

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17
Q

Rule 14

A

DEVOTION AND DEDICATION

Lawyer shall devote his time, energy and expertise to the service of his client

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18
Q

Rule 21

A

WITHDRAWAL FROM EMPLOYMENT

Lawyer shall not withdraw from employment once assumed except for good cause.
Good cause includes; where there is a conflict of interest, if the client insists on an unjust cause, or if the client fails to pay the lawyer’s fees

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19
Q

Rule 22

A

CALLING AT CLIENT’S HOUSE OR PLACE OF BUSINESS
Lawyer shall not call at client’s house or place of business for the purpose of taking instructions or giving advice except in exceptional circumstances.
Exceptional Circumstances = where the client is in custody, or is ill, or very old and unable to move around freely.

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20
Q

Rule 23

A

DEALING WITH CLIENT’S PROPERTY
Lawyer shall promptly report and account for monies collected on behalf of client, and shall not mix his personal funds with that of client.

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21
Q

Rule 24

A

RESPONSIBILITY FOR LITIGATION(THE ‘CAB RANK’ RULE)
Lawyer shall accept brief in area in which he professes to practice, provided his proper professional fee is offered, unless there are special circumstances e.g. conflict of interest.

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22
Q

Rule 30

A

OFFICER OF THE COURT
Lawyer is a Minister in the Temple of Justice and must not do anything to adversely affect the administration of justice.

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23
Q

Rule 31

A

CONDUCT IN COURT
Lawyer should always treat the court with respect.
(2) Complaints against a judicial officer should be directed to the appropriate authorities.
(4)(5) Lawyer shall not discuss pending case with the Judge unless the opposing lawyer is present. The authorities to whom complaints may be directed are provided under section 3 LPDC Rules

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24
Q

Rule 26

A

FELLOWSHIP AND PRECEDENCE
Lawyers should not allow the dispute between their clients influence their conduct towards each other.
(2) Lawyers should observe the order of precedence in the legal profession.
The order of precedence is provided in the First Schedule of the Legal Practitioners Act.

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25
Q

Rule 27

A

GOOD FAITH AND FAIRNESS
Lawyer shall not engage in sharp practices. i.e. he will observe agreements and promises made to opposing lawyer, and will not take undue advantage of misfortune to opposing lawyer.

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26
Q

Rule 33

A

TRIAL PUBLICITY

Lawyer shall not make extra – judicial statements which may interfere with a case pending in court.

27
Q

Rule 37

A

BAIL

Lawyer shall not stand bail for his client.

28
Q

Rule 9

A

PRACTICING FEES
Lawyer shall pay annual practicing fees on or before 31st March every year.
New wigs shall pay within 1 month of enrollment.

29
Q

Rule 45

A 
LAWYER’S ROBE
Lawyer shall always appear before a superior court in his robe, except;
a. When permitted by the Bar Council.
b. When conducting his own case.
c. When giving evidence.
30
Q

Rule 29

A

CHANGE OF LAWYER
When client changes his lawyer, the new lawyer shall:
(i) Promptly notify the former lawyer.
(ii) Make sure that the former lawyer is paid his professional fees.
If the matter is in respect of litigation, both lawyers shall appear to give notice of change to the court.

31
Q

Rule 5

A

ASSOCIATION FOR LEGAL PRACTICE

32
Q

Rule 29(3)

A

(3) Former lawyer shall return documents to the client but may exercise lien over such documents to enforce payment of his professional fees.

33
Q

Rule 5(1)

A

Lawyer shall not form practice with non-lawyer or with lawyer not admitted to practice in Nigeria.

34
Q

Rule 5(2)

A

Name of deceased partner should not be used as part of name of the law firm if it would cause deception.

35
Q

Rule 5(3)

A

Where partner is made a Judge, his name must be removed

36
Q

Rule 5(4)

A

Where lawyer practices alone, he should not use a name that suggests he is in partnership.

37
Q

Rule 5(5)

A

It is unlawful to carry out practice as a Corporation.

38
Q

Rule 6

A

RETIREMENT FROM JUDICIAL POSITION
A retired judicial officer may practice as a Solicitor but not as an Advocate.
Note: A Magistrate does not fall within the definition of Judicial Officer provided under section 318 of the 1999 Constitution

39
Q

Rule 39

A

ADVERTISING AND SOLICITING

40
Q

Rule 39(1)

A

(1) A lawyer may engage in advertising his practice, provided it is fair and proper and in compliance with the RPC.

41
Q

Rule 39(2)

A

(2) Lawyer shall not advertise practice which;
(a) Is inAccurate misleading
(b) Diminishes puBlic confidence in the administration of justice.
(c) Criticises/Makes Comparison with others.
(d) Includes statement about the size or success rate of his practice
(e) Is so frequent to cause nuisance.

42
Q

Rule 39(3)

A

A lawyer shall not solicit

43
Q

Rule 41

A

SIGNS AND NOTICES
A lawyer may display a sign or notice at the entrance or outside his building provided it is of reasonable size and sober design.

44
Q

Rule 47

A

AMBULANCE CHASING

45
Q

Rule 47(2)(a)

A

(2a) Lawyer shall not search Land Registry to find defect in title with a view to securing employment/litigation.

46
Q

Rule 47(2)(b)

A

(2b) Shall not seek out claimants in respect of personal injuries.

47
Q

Rule 47(2)(c)

A

(2c) Shall not follow up on accidents with a view to securing employment.

48
Q

Rule 47(2)(d)

A

(2d) Shall not agree to reward a person who is likely to influence legal work in favour of the lawyer.

49
Q

Rule 48

A

FEES FOR LEGAL SERVICE
Lawyer is entitled to charge professional fees but shall not charge an illegal or excessive fee.
Section 16 of the Legal Practitioners Act provides the procedure for recovery of fees

50
Q

Rule 52

A

FIXING THE AMOUNT OF THE FEE
Factors to consider in fixing the amount of fee include; the time and skill required to do the work, loss of employment, the standing of the lawyer at the Bar etc.`

51
Q

Rule 53

A

DIVISION OF FEES

Lawyer shall not share his fees with non- lawyer but nay provide compensation for his non legal employees.

52
Q

Rule 49

A

RETAINER

Lawyer in retainer agreement in respect of litigation is to be remunerated separately for every piece of work done.

53
Q

Rule 50

A

CONTINGENT FEE

Lawyer may agree contingent fee in civil case but not in criminal case

54
Q

Rule 1

A

GENERAL RESPONSIBILITY OF A LAWYER
Legal practitioner has a duty to uphold and preserve the rule of law, and should not engage in any conduct which is unbecoming of a legal practitioner.

55
Q

Rule 55

A

If a legal practitioner acts in contravention of the RPC, he shall be guilty of professional misconduct and liable to punishment.

56
Q

Rule 3

A

AIDING THE UNAUTHORISED PRACTICE OF THE LAW

57
Q

Rule 3(1)(c)

A

(1)(c)A lawyer shall not share legal fees with a non-lawyer except as provided in rule

58
Q

Rule 3(1)(b)

A

(1)(b)A lawyer shall not permit his professional services or his name to be used in aid of, or to make possible, the unauthorized practice of law by any person
not qualified to practice or disqualified from practice;

59
Q

Rule 3(1)(a)

A

A lawyer shall not aid a non-lawyer in the unauthorized practice of the law;

60
Q

Rule 3(2)

A

A lawyer shall not, in return for a fee, write or sign his name or permit his name to
be written or signed on a document prepared by a non-lawyer as if prepared by him.

61
Q

What is the procedure if your client is unwilling to pay your fees?

A

S16 LPa; Oyekanmi v NEPA

  1. prepare a bill of charges
  2. serve the bill of charges on client personally at his last known address
  3. wait one month
  4. comment action for recovery in the High Court
62
Q

Can you take instruction from a client at his home?

A

No, this is against Rule 22 which bars lawyers from calling at a client’s house or place of business except in special circumstances

63
Q

When can you take instruction from a client outside of your office?

A

General Rule: Rule 22

Exceptions:
Old age
Infirmity
Where the client is in custody

NLS - Professional Ethics (3 decks)

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