Duty To Client

Question 1

What is a lawyer’s first duty?

Answer 1

To uphold the law

This duty supersedes the lawyer’s duty to the client.

Question 2

What must a lawyer do if a client insists on perpetrating illegality?

Answer 2

Withdraw his employment

R15(2)

Question 3

A lawyer shall not give service or advice capable of causing _______.

Answer 3

disloyalty to the law

R15(3)(a)

Question 4

What should a lawyer inform his client about before continuing litigation?

Answer 4

Alternative dispute resolution mechanisms

R15(3)(d)

Question 5

What must a lawyer do if he receives information about a client’s fraud?

Answer 5

Call on his client to rectify it

R15(4)

Question 6

A lawyer shall not handle a legal matter without _______.

Answer 6

adequate preparation

R16

Question 7

What must a lawyer disclose to the client at the time of retainer?

Answer 7

All circumstances of his relations with parties

R17(1)

Question 8

A lawyer should not accept a retainer if it may affect his professional judgment due to his own _______.

Answer 8

financial interest

R17(2)

Question 9

What is the client’s right regarding the choice of a lawyer?

Answer 9

To choose and dispense with the lawyer’s services

R18(1)

Question 10

All communications made by a client in professional employment are _______.

Answer 10

privileged

R19(1)

Question 11

A lawyer may reveal a client’s confidence with _______.

Answer 11

the client’s consent after full disclosure

R19(3)

Question 12

What does the Money Laundering (Prevention and Prohibition) Act 2022 require from legal practitioners?

Answer 12

Report activities related to money laundering

S7

Question 13

A lawyer should not accept to act in a case if he knows he may be called as a _______.

Answer 13

witness

R20

Question 14

Under what circumstances can a lawyer withdraw from employment?

Answer 14

Conflict of interest, immoral conduct, or client disregards agreement

R21(2)

Question 15

A lawyer should not call at a client’s house or place of business except for _______.

Answer 15

special circumstances or urgency

R22

Question 16

Lawyers are duty bound to accept briefs relating to their area of practice unless there are _______.

Answer 16

exceptional circumstances

R24(1)

Question 17

A lawyer may interview the witnesses of the opposing party without their consent, provided he does not _______.

Answer 17

hide such witness from the opposing party

R25(1)

Question 18

Lawyers shall treat one another with _______.

Answer 18

respect, fairness, consideration, and dignity

R26(1)

Question 19

A lawyer shall observe good faith and fairness in dealing with _______.

Answer 19

other lawyers

R27(1)

Question 20

The client has the right to proffer the service of _______ in a matter.

Answer 20

an additional lawyer

R28(1)

Question 21

What should a later lawyer do if he comes into a matter after the original lawyer is relieved?

Answer 21

Use his best endeavour to ensure that all the fees due to the other lawyer in the matter are paid

R 28(2)

Question 22

What must lawyers do when they cannot agree on matters vital to the client’s interest?

Answer 22

State the conflict of opinion to the client for his determination

R 28(3)

Question 23

What right does Rule 29 of the RPC give to clients?

Answer 23

The right to terminate the brief of a lawyer and change his lawyer

Question 24

What actions must a new lawyer take when a client changes lawyers?

Answer 24

Promptly give notice to the former lawyer and ensure the former lawyer is paid his earned fees

Question 25

What must be handed over to the client by the new lawyer when changing representation?

Answer 25

* All letters written by the lawyer to other persons at the direction of the client * Copies of letters written by the lawyer to other persons * Drafts and copies made in the course of business

Question 26

What entitlement does a lawyer have regarding client correspondence?

Answer 26

* All letters written by the client to the lawyer * Copies of letters addressed by the lawyer to the client * A lien on the papers or documents of his client in respect of unpaid fees

Question 27

What is the nature of the relationship between a lawyer and his client?

Answer 27

Fiduciary in nature, a position of trust

Question 28

What does Section 9(1) of the Legal Practitioners Act state about lawyers?

Answer 28

A person shall not be immune from liability for damages attributable to his negligence while acting in his capacity as a legal practitioner

Question 29

What does the Tort of Negligence imply for legal practitioners in Nigeria?

Answer 29

A lawyer owes his client a duty of care

Question 30

What standard of care is expected from a lawyer?

Answer 30

The standard of an average lawyer and not a first class lawyer

Question 31

How is negligence defined in a legal context?

Answer 31

The breach of any duty of care which results in damage to the defendant

Question 32

In which case was it stated that 'God forbid that a lawyer should know all the law'?

Answer 32

Montriou v Jeffrerys

Question 33

What must lawyers be careful about when rendering legal advice?

Answer 33

They may be liable in negligence where they proffer advice that turns out to be wrong

Question 34

What was the outcome of Bello Raji v. X regarding legal advice?

Answer 34

The action was statute barred, but the lawyer insisted that the client had a good cause of action

Question 35

What are lawyers required to do in relation to conducting searches or preparing legal documents?

Answer 35

Exercise extreme caution

Question 36

What liability did the lawyer face in Midland Bank Trust Co v. Kemp?

Answer 36

Held liable for negligence in omitting to register an option until a third party had acquired the farm

Question 37

What is required when handling cases before a court?

Answer 37

Clients' instructions to file cases should be carried out on time to avoid statutes of limitation

Question 38

What immunity do lawyers have regarding negligence arising from court proceedings?

Answer 38

Exempted from negligence arising from the pursuit of professional duties as a barrister or advocate

Question 39

What rationale supports the immunity of lawyers in court?

Answer 39

* Ensure objectivity in the conduct of cases * Prevent retrials for negligence * Avoid clients litigating against every lawyer that loses a case

Question 40

What does Rule 14 of the RPC state about lawyers' dedication to clients?

Answer 40

A lawyer must devote his attention, energy, and expertise to the service of his client

Question 41

What obligation does a lawyer have when in doubt regarding a client's case?

Answer 41

Consult with his client on questions of doubt that are not within his discretion

Question 42

What must a lawyer do if he considers a client's claim to be hopeless?

Answer 42

Inform the client accordingly

Question 43

What is the duty of a lawyer during court proceedings?

Answer 43

To be personally present or properly represented throughout the proceedings

Question 44

What may negligence in handling a client's affairs amount to?

Answer 44

Professional misconduct