Legal Practice :- Guidelines For Professional Relations Between Lawyers In Nigeria Under The New Rules Of Professional Conduct
This article talks about the relationship between legal practitioners as governed by the rules of professional conduct (RPC), particularly in the areas of :-
– Fellowship & precedence.
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– Good faith & fairness among lawyers.
– Association in matters.
– Change of lawyer.
What is the provision of the RPC on fellowship and precedence among lawyers?
– Lawyers are required to treat each other with fairness, respect, consideration and dignity.
– Lawyers are required to always regard each other with no ill feelings. This includes addressing each other in courteous & respectful language.
– Under the RPC, all legal practitioners, regardless of their ranking and placement at the bar,are equal in status. This is without prejudice to the rights of Senior Advocates Of Nigeria (SANs) and Honourable Benchers having the right to get their matters called out of turn in court and to not share seating arrangements in court with members of the outer bar.
What are the provisions of the RPC on good faith & fairness among lawyers?
– Lawyers are required to always honour agreements made with other lawyers.
– Lawyers are barred from entering into late holding brief agreements.
– Lawyers are barred from speaking with an opposing legal counsel’s client in his absence.
What are the provisions of the RPC on associations of lawyers in matters?
– When being briefed by a client who already has a former lawyer still representing him in a matter, the second lawyer is required by the RPC to refuse being briefed in that matter if it is objectionable to the previous lawyer.
– The new lawyer being briefed to replace the previous lawyer is also required by the RPC to ensure that all outstanding fees owed to the previous lawyer are paid by the client.
What are the provisions of the RPC on the change of lawyers?
– Where a lawyer has been briefed by a client to replace another lawyer currently representing him, the new lawyer is to :-
a). Give notice to the former lawyer.
b). Use his best endeavors to ensure that the former lawyer is paid his earned fees.
– In litigation :-
a). Both lawyers shall give notice of change of counsel to the court.
b). All documentation in the client’s brief in the possession of the former lawyer is to be handed over to the client upon the change of counsel.
c). The former lawyer in line with ethical rules on the recovery of unpaid fees may place a lien on documentation belonging to the client.
Legal Practice :- Guidelines On Relations Between Legal Practitioners & The Court System In Nigeria Under The New Rules Of Professional Conduct (RPC) 2024
This article focuses on the roles required of legal practitioners in their relationships with the courtroom hierarchy under the new rules of professional conduct slated to take effect in January, 2024.
What are the duties required of lawyers by the RPC as officers of the court?
– Lawyers are required to be respectful to the court and to not obstruct, delay or adversely affect the administration of justice.
– Where there is a reasonable cause of action, lawyers are required to only seek redress against judicial officers through the appropriate authorities.
– A lawyer failing to comply with undertakings to a court constitutes professional misconduct.
– Lawyers are not allowed to discuss pending cases with the judge trying or hearing the case, except in the presence of opposing counsel in the suit.
What are the requirements of the RPC concerning candid and fair dealings?
– In appearing in his professional capacity before a court or tribunal, a lawyer shall not deal with the court unless otherwise candidly and fairly.
What are the provisions of the RPC on trial publicity?
– Lawyers are not permitted to engage in television,radio and other media interviews or shows for the purpose of commenting on courtroom or litigation matters which are pending before the court, especially where there’s a clear intention of possible or calculated interference with the fair trial of the suit.
What are the requirements of the RPC regarding relations between lawyers and judges?
– Lawyers are required to ensure that they never create the ascertainable impression of gaining or trying to gain special personal consideration or favour from a judge.
– This can also apply to lawyers having a duty to reveal to opposing counsel, any personal relationship he may have with the judge sitting on matters participated in.