PROFESSIONAL ETHICS AND SKILL - WEEK 4

TOPICS: REGULATORY BODIES IN THE LEGAL PROFESSION;

EXCLUSIVE RIGHTS OF A LEGAL PRACTITIONER; RES TRICTIONS ON
THE EXCLUSIVE RIGHTS; IMPERSONATION OF A LAWYER.

CONTENTS
1. Regulatory bodies and organs of the legal profession: General Council of the
Bar, Nigerian Bar Association, Council of Legal Education, the Body of
Benchers, Legal Practitioners Privileges Committee, Legal Practitioners
Remuneration Committee, Legal Practitioners Disciplinary Committee.
2. Membership and functions of these bodies
3. Exclusive rights of lawyers --- appointment as judicial officers, right of
audience in court, preparation of documents to obtain probate or letters of
administration, preparation of instruments, certificate of compliance under
CAMA, Appointment as Attorney-General.
4. Restrictions on the exclusive rights --- non-payment of practising fees,
engaging in business, salaried employment, public service and private
practice, serving and retired judicial officer, mandatory continuing legal
education, senior advocates of Nigeria, annual practising certificate.
5. Impersonation of a lawyer trough words or conduct

Outcomes
At the end of this lesson, students would be able to:
1. Explain and discuss the legal framework, powers, functions and composition
of the regulatory and controlling bodies and organs of the legal profession;
2. Explain the various exclusive rights of a legal practitioner in Nigeria;
3. Explain the limitations/restrictions on those exclusive rights
4. Discuss and explain conducts that amount to impersonation of a lawyer, the
exceptions and sanctions.

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Instructions:

o Read the topics above in any standard text book on professional

ethics.
o Read also the 2018 Guidelines for the Conferment of the Rank of
Senior Advocate of Nigeria.

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Task

Sheba Kolawole is a 500 level Law student at the University of Damaturu. She is
also currently an intern with one of the foremost law offices in Lagos State, Jide
Akinrimi & Co. The law office is very busy but avails her the opportunity to learn
practice and procedure of different aspects of legal practice.

On Sheba’s first day at the office, she is introduced to David Allison, the one whom
she would be working with most the time she is in the office. He gives a brief
lecture as to what is likely obtainable throughout her stay. He tries to convince her
as to why it would be best for her to join legal practice on the completion of her
study and her eventual Call to Bar. He informs her that the profession is so
distinguished that it avails those within certain entitlements that no other
profession can boast about. He also tells her that there is so much for her to look
forward to and encourages her to remain focused in her studies so that she can
excel in her Bar Final examinations. He informs her of the rare privilege she has, as
an intern within the law office because it would give her an edge over other persons
that apply along with her assuming she intends to join the law office when she
finally gets called to the Bar. Sheba is inspired with all she has heard and is
engouraged to give legal practice a shot at the end of her training.

Now answer the following questions.

1. In the course of discussions between David and Sheba, he mentioned to her

that the profession avails persons within, certain entitlements which no
other profession can boast about. Explain what he means by this statement
and itemize what these entitlements are providing statutory authorities, if
any.
2. On the first day that Sheba attends court with David, she notices that all the
lawyers were seated in a particular area of the courtroom, which David
referred to as the Bar. As she watched, Sheba saw that when each case was
called, the lawyers in the matter rose and addressed the court from where
they were seated. She could tell that the cases were called from a sheet kept
with the register and the latter called the matters in the order they were
arranged. However, she noticed something which appeared quite
inconsistent. She saw a particular lawyer who seemed much senior to David
come into court wearing a slightly varied textured gown. He sat in an area
where no other persons sat. In fact, Sheba noticed that almost as soon as he

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 settled into the courtroom, his matter was called. This senior lawyer
attended court with one of her seniors in University, Stella, with whom he
announced her appearance along with his. Another thing she observed was
a lawyer, Mr. Barnabas, who was fully robbed. He sat at the Bar with other
colleagues and stood up to announce his appearance after his matter was
called. When the judge asked whether the parties where in court, he said he
was one of the parties, the plaintiff, in the action and had decided to
represent himself. The judge declined his application.

Now answer the following questions.

a. Comment on Sheba’s observation of the senior colleague in respect of the
following:
i. His varied textured gown
ii. seating isolated from fellow colleagues
iii. the urgency with which his matter was attended to by the
court and
iv. announcing Stella’s appearance along with his own.
b. In your view, which status would you say this senior colleague holds
within the legal profession?
i. State the body that confers this status on such persons.
ii. List the steps that such person must have taken to be
conferred with the status in question.
iii. State also what the conferring body would consider before
conferring the status on the person.
c. Comment on the propriety or otherwise of the declination of Mr.
Barnabas’s application by the judge. To what extent would your answer
differ or remain the same assuming Mr. Barnabas was representing
another party in the same matter?
3. When both David and Sheba return to the office, the former looked through
his diary to see which other event was lined up for the day. He noticed his
fixed a client interview with Mrs. Efua Caleb for 3.00pm that afternoon.
While preparing for the interview, David gives Sheba details regarding Mrs
Caleb’s visit to the office. He informs her that her husband, Mr. Caleb was
formerly a judge of the High Court of Lagos State. She said Mr. Caleb has
been taken before the body of the legal profession that deals with legal
practitioners for violation of the Rules of Professional conduct. He explained

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 that according to his wife, Mr. Caleb set up a law office with his friend, Mr.
Dubem, the former Commissioner for Lands, Lagos State. He explained
further that they both employed younger lawyers, Ape and Bolum, to assist
them in their law practice. He said whereas Mr. Caleb practices law by
representing clients in court, the Mr. Dubem uses his connections at the
Ministry of Lands to attract clients to their law office in order to arrange for
the perfection of land documentation for mostly clients that he met in the
course his former employment as Commissioner. Meanwhile, the law office is
situated in a one storey building. The upper floor is used as the law office
while the lower floor is used as a grocery store owned by Mr. Caleb. At the
closing time of the law office, Bolum has offered to work at the store in order
to augment his salary as he is planning to get married soon.
a. With the aid of authorities, address the ethical issues involved in
the above scenario.
b. The body referred to by Mrs. Caleb that intends to deal with Mr.
Caleb is referred to as what?
c. State the functions as well as the composition of this body
identified in (b) above.
4. David and Sheba after a busy schedule decide to call it a day at work. David
usually hitches a ride with Desmond Adoga, his cousin, as they stay in the
same vicinity. Sheba decides to join them as she lives not far away from
Desmond. On their way home, Desmond engages David in a discussion
about another cousin, of theirs, Idoko, who had been struggling to make
ends meets and has now finally found a job. Desmond informed David that
Idoko now worked in the legal unit of a small pharmaceutical company. He
said the company is always getting sued as a result of expired products
distributed by the company to its customers. He informed David that Idoko’s
employers insist that Idoko represent the company as they cannot afford the
services of an external lawyer. He said Idoko was embarrassed in court on
day when an objection was raised against idoko’s right of audience due to
non-payment of practicing fees. The judge sustained the objection and the
company almost fired Idoko. Idoko is now thinking of quitting his job,
gathering funds and starting his own law practice.
Now answer the following questions.
d. Comment on the propriety or otherwise of Idoko’s legal
representation as counsel to the pharmaceutical company where

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 he works. Would your answer be different assuming Idoko worked
in the legal department of the Nigerian Ports Authority? Give
reasons.
e. Comment on the propriety or otherwise of the judge sustaining the
objection raised in relation to non-payment of practicing fees.
Would your answer be different if Idoko were a law officer in the
Federal Attorney-General’s department? Give reasons.
f. Assuming Idoko had set up his new Law Office and now practices
alone, state the obligation(s) he shall owe the Nigerian Bar
Association.
g. Idoko is searching for another legal practitioner to work in his
newly established office. He is introduced to Demi Doregos.
Unknown to Idoko, Demi had sat for the Bar Final Examinations
in more than seven attempts without success. Demi got fed up and
convinced himself that after preparing more than seven times for
the Bar Final, he was well grounded to take on work as a legal
practitioner. It was not until the day that Idoko’s friend, Femi
Bright recognized Demi in court and informed Idoko about Demi’s
true status.
i. What offence, if any, has Demi committed? Support your
answer with a statutory authority.
ii. In the case that Idoko wants Demi dealt with for his
misconduct, who or what would be the most appropriate
person or body.
5. Sheba finally gets the chance to meet with the principal of the Law Office,
Mr. Akinrimi. He engages her in discussions about the legal profession and
how it is a highly regulated one. He informs her that there are regulatory
bodies that oversee the affairs of legal practice within the profession. Sheba
also has a few questions for him. As Mr. Akinrimi, answer the following
questions as asked by Sheba.
a. What control does the Body of Benchers have over me as an aspirant to
the Bar? Mention them.
b. What would it benefit you sir, if you are appointed as a member of the
Body of Benchers? Are these benefits exclusive to the members of the
Body alone or do any other category of persons in the profession enjoy
this as well?

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 c. Which of the regulatory bodies set up and manages the Nigerian Law
School? What are their other functions?
d. Where one is being considered for the conferment of the award of Senior
Advocate of Nigeria, what would be the financial implication? In the
course of consideration for the conferment of the rank, is it possible for
an applicant to be disqualified? Which factors could lead to such
disqualifications? What marks the difference between the disqualification
and withdrawal regarding the conferment of the rank of SAN? What are
the factors to be considered for withdrawal?
e. State the difference(s) between the functions of the General Council of the
Bar vis a vis that of the Legal Practitioners Remuneration Committee.

6. Henry Okonjo and Mary Dauda were both called to the Nigerian Bar in 1984.
They attended the same university where they were classmates. They were
seeing each other for the first time since graduation from the University. The
have now become Attorneys-General in their respective states. They both
have matters at the Federal High Court in Lagos before Honourable Justice
Adajoko. Shortly after entering the Court room, the Attorney-General of the
Federation comes into court for his matter and he is followed by another
two, senior counsel, Ben Michaels, a Bencher and a SAN and Richard
Branson a Life member of the Body of Benchers. Amongst the rest of the
lawyers sitting in court is Joseph Hawksworth, a legal practitioner who
qualified in Barbados. He is here on behalf of his client, Bill Adamu, who has
hired him to appear in a libel suit filed against him. Having obtained the
necessary documents from the Nigerian Government, Joseph intends to go
back to his work in Barbados once Bill’s matter is concluded.
From the Scenario above, state the order of precedence of all the lawyers in
court providing statutory authorities.

Note:
o All groups members must prepare the above task as groupwork to be
submitted in hardcopy on Monday morning.
o All members of groups must also come to class with copies of the
prepared task as anyone in any group may be called upon in class to
present.