Advertisement By Union Bank: A Violation Of RPC?

The issues of advertisement, soliciting and impersonation among
other things are more than important in the legal profession. This
is because they directly deal with the beauty or otherwise, abuse
of the legal profession. While Rule 39 of the Rules of Professional
Conducts, 2007 deals with improper attraction of business which
include advertisement and soliciting, Section 22 of the Legal
practitioner’s Act, provides for the offence of impersonation of a
legal practitioner.

I have argued elsewhere that while the issue of soliciting and
advertisement as it relates to the RPC involves the Legal
practitioner, the offence of impersonation does not involve a legal
practitioner alone. Must time, when a non-lawyer is believed to
have been engaged in advertisement, it is but impersonation that
has been committed.

Recall that on September 3, 2017, an article was published by
TheNigerialwyer on Garth Coates Solicitors’
“Journey to Citizenship”, titled: “Does a UK lawyer advertising in
a Nigerian newspaper have implications on Nigerian lawyers?” by Ebi
Robert, where the UK based lawyer was criticized to have
impersonated a legal practitioner in Nigeria. The conclusion in
that article was reached after various persons had argued that the
act of the UK based lawyer violated the rule on advertisement. In
that article it was argued that since the UK based lawyer was not
called by the Nigerian Body of Benchers as a barrister and
solicitor of the Supreme Court of Nigeria, he was not a lawyer in
Nigeria, and as such he cannot be caught under the web of
advertisement since that rule can only be violated by a legal
practitioner. It was then argued that by advertising on the legal
profession which is exclusive as permitted under the exceptions in
the RPC, Garth Coates had simply
impersonated a legal practitioner. Before this article, the same
writer, Ebi Robert had criticized the
GLOBAL RANKING OF NIGERIAN LAW FIRMS AND LAWYERS by Chamber and
partners, arguing with relevant provision in the RPC as to whether
the act was a breach of the RPC. In that article, the writer in
conclusion drew the attention of the Legal practitioner’s
Disciplinary Committee, the able Body of Benchers, the office of
the Attorney General and other disciplinary authorities asking them
to give a possible rebuke to ward off the possibility of future
occurrence.

It seems however, that the continuous silence of the relevant
authorities has resulted to the straw that broke the camel’s back.
Currently there is an advertisement by Union Bank Plc under the
caption: “Advisory Services and Alternative Dispute Resolution”,
where various services was offered viz: Company incorporation,
SCUML registration, NAFDAC registration, SON registration, other
registrations; Contract drafting, review and negotiation,
perfection of titles to land, mediation and arbitration, debt
recovery, general problem solving.

Union Bank though a legal person by virtue of S. 37 of the
Companies and Allied Matter Act, 1990 and has rights like a human
being is not a legal practitioner called to the Nigerian bar by the
Nigerian Body of Benchers, therefore advertising to offer some
services that only legal practitioners are permitted to do is an
act of impersonation and as such a violation of the Legal
Practitioner’s Act.

This act is not only undermining the legal profession, it is as
well wearing a non-legal practitioner with a raiment fit for a bar
man. This is unacceptable and should not be tolerated for any
reason whatsoever.

Looking at S. 5 (5) of the RPC which prohibits legal practice as
a corporation, it can be reasonably argued that the act of Union
Bank making such a colourful advertisement to practice breaches the
law.

However it can be technically argued again that the services
listed are not strictly legal services since lawyers alone cannot
offer them. For instance, the current corporate Law regime permits
even non lawyers to register a company. We equally have non lawyers
doing ADR.

Can a non lawyer draft a contract document just as a non lawyer
can make a will? Are non lawyers permitted to perfect a title to
land? What really is a legal practice and are there any of the
above services exclusive for a legal practitioner?

It has been reported that Union Bank has partnered with its
legal partner, by allowing SMEs have a one-stop shop for all legal
needs. Does this amount to legal practice under a corporation?

I therefore call on the relevant authorities, especially the NBA
to address this issue in order to save the Legal profession from
this state of complexity. There is need for this vagueness to be
eliminated so that the moon can be seen clearly.

The issues of advertisement, soliciting and impersonation among
other things are more than important in the legal profession. This
is because they directly deal with the beauty or otherwise, abuse
of the legal profession. While Rule 39 of the Rules of Professional
Conducts, 2007 deals with improper attraction of business which
include advertisement and soliciting, Section 22 of the Legal
practitioner’s Act, provides for the offence of impersonation of a
legal practitioner.

I have argued elsewhere that while the issue of soliciting and
advertisement as it relates to the RPC involves the Legal
practitioner, the offence of impersonation does not involve a legal
practitioner alone. Must time, when a non-lawyer is believed to
have been engaged in advertisement, it is but impersonation that
has been committed.

Recall that on September 3, 2017, an article was published by
TheNigerialwyer on Garth Coates Solicitors’
“Journey to Citizenship”, titled: “Does a UK lawyer advertising in
a Nigerian newspaper have implications on Nigerian lawyers?” by Ebi
Robert, where the UK based lawyer was criticized to have
impersonated a legal practitioner in Nigeria. The conclusion in
that article was reached after various persons had argued that the
act of the UK based lawyer violated the rule on advertisement. In
that article it was argued that since the UK based lawyer was not
called by the Nigerian Body of Benchers as a barrister and
solicitor of the Supreme Court of Nigeria, he was not a lawyer in
Nigeria, and as such he cannot be caught under the web of
advertisement since that rule can only be violated by a legal
practitioner. It was then argued that by advertising on the legal
profession which is exclusive as permitted under the exceptions in
the RPC, Garth Coates had simply
impersonated a legal practitioner. Before this article, the same
writer, Ebi Robert had criticized the
GLOBAL RANKING OF NIGERIAN LAW FIRMS AND LAWYERS by Chamber and
partners, arguing with relevant provision in the RPC as to whether
the act was a breach of the RPC. In that article, the writer in
conclusion drew the attention of the Legal practitioner’s
Disciplinary Committee, the able Body of Benchers, the office of
the Attorney General and other disciplinary authorities asking them
to give a possible rebuke to ward off the possibility of future
occurrence.

It seems however, that the continuous silence of the relevant
authorities has resulted to the straw that broke the camel’s back.
Currently there is an advertisement by Union Bank Plc under the
caption: “Advisory Services and Alternative Dispute Resolution”,
where various services was offered viz: Company incorporation,
SCUML registration, NAFDAC registration, SON registration, other
registrations; Contract drafting, review and negotiation,
perfection of titles to land, mediation and arbitration, debt
recovery, general problem solving.

Union Bank though a legal person by virtue of S. 37 of the
Companies and Allied Matter Act, 1990 and has rights like a human
being is not a legal practitioner called to the Nigerian bar by the
Nigerian Body of Benchers, therefore advertising to offer some
services that only legal practitioners are permitted to do is an
act of impersonation and as such a violation of the Legal
Practitioner’s Act.

This act is not only undermining the legal profession, it is as
well wearing a non-legal practitioner with a raiment fit for a bar
man. This is unacceptable and should not be tolerated for any
reason whatsoever.

Looking at S. 5 (5) of the RPC which prohibits legal practice as
a corporation, it can be reasonably argued that the act of Union
Bank making such a colourful advertisement to practice breaches the
law.

However it can be technically argued again that the services
listed are not strictly legal services since lawyers alone cannot
offer them. For instance, the current corporate Law regime permits
even non lawyers to register a company. We equally have non lawyers
doing ADR.

Can a non lawyer draft a contract document just as a non lawyer
can make a will? Are non lawyers permitted to perfect a title to
land? What really is a legal practice and are there any of the
above services exclusive for a legal practitioner?

It has been reported that Union Bank has partnered with its
legal partner, by allowing SMEs have a one-stop shop for all legal
needs. Does this amount to legal practice under a corporation?

I therefore call on the relevant authorities, especially the NBA
to address this issue in order to save the Legal profession from
this state of complexity. There is need for this vagueness to be
eliminated so that the moon can be seen clearly.