INVITATION: The RPC At A Glance: Join NBA– SLP

The NBA Professional Ethics Committee presents, ”RPC for
Legal Practitioners, 2007”, with the caption, ”The RPC at
a Glance — Know your rules, Series 1”.

Legal practitioners interested in getting to know the Rules of
Professional Conduct better than before are enjoined to join the
NBA Section on Legal Practice organized by the Committee.

NIGERIAN BAR ASSOCIATION

SECTION ON LEGAL PRACTICE – SLP
Professional Ethics Committee

Presents

RULES OF PROFESSIONAL CONDUCT FOR LEGAL PRACTITIONERS
2007

THE RPC AT A GLANCE

KNOW YOUR RULES SERIES 1

RULE
7                                                   
RULE 15

RULE
23                                                                 
RULE 27

RULE 36  Courtroom Decorum

When in the court room, a lawyer shall (a)Be properly attired, (
b) Conduct himself with decency and decorum

• Rise when addressing the Judge
• Not engage in the exchange of banter or controversy with the
  opposition lawyer
• not engage in undignified or discourteous conduct to the
  Court
• not remain within the Bar or wear his robes when conducting a
  case in which he is a party or giving evidence.

Kindly note that the rules above are abridged from the Rules of
Professional Conduct for Legal Practitioners (RPC) 2007. For the
provisions of the RPC in Rules 7, 15, 23, 27 and 36, kindly see the
next page.

If you are passionate about Professional Ethics, join the
Section on

Legal Practice on www.nba-slp.org/signup  Select
“Professional Ethics” as one of your
committees.

MRS. MIANNAYA ESSIEN SAN, FCIArb, C.
Arb – Chairperson, Section on Legal
Practice

MRS FOLASHADE ALLI, FCIArb, C.
Arb – Chairperson, Professional Ethnics
Committee

E-mail:
info@nba-slp.org      
Website: www.nba-slp.org^[1]

RULES 7, 15, 23,27 AND 36 OF RULES OF PROFESSIONAL
CONDUCT

RULE
7              

(1)   Unless permitted by the General Council of the
Bar (hereinafter referred to as the “Bar Council”),a lawyer shall
not practice as a legal practitioner at the same time as he
practices any other profession.

(2)    A lawyer shall not practice as a legal
practitioner while personally engaged in – (a)   
the business of buying and selling commodities;

• the business of a commission agent;
• such other trade or business which the Bar Council may from
  time to time declare to bee incompatible with practice as a lawyer
  or as tending to undermine the high standing of the
  profession.

(3)        For the purpose of this
rule, “trade or business” includes all forms of participation in
any trade or business, but does not include(a)  
membership of the Board of Directors of a company which does not
involve either executive, administrative or clerical functions;
(b)     being Secretary of a company; or

(c)   being a shareholder in a company.

RULE
15             

(1)     In his representation of a client, a
lawyer may refuse, to aid or participate in conduct that he
believes to be unlawful even though there is some support for an
argument that the conduct is legal.

(2)     In his representation of his client,
a lawyer shall-

• keep strictly within the law notwithstanding any contrary
  instruction by his client and, if the client insists on a breach of
  the law, the lawyer shall withdraw his service;
• use his best endeavours to restrain and prevent his client from
  committing misconduct or breach of the law with particular
  reference to judicial officers, witnesses and litigants and if the
  client persists in his action or conduct, the lawyer shall
  terminate their relations.

(3) In his representation of his client, a lawyer shall not-

• give service or advice to the client which he knows or ought
  reasonably to know is capable of causing disloyalty to, or breach
  of, the law, or bringing disrespect to the holder of a judicial
  office, or involving corruption of holders of any public
  officer;
• file a suit, assert a position, conduct a defence, delay a
  trail, or take over action on behalf of his client when action
  would serve merely to harass or maliciously injure another;
• knowingly advance a claim or defence that is unwarranted under
  existing law, but he may advance such claim or defence if it can be
  supported by argument in good faith for an extension, modification,
  or reversal of existing law;
• fail or neglect to inform his client of the option of
  alternative dispute resolution mechanisms before resorting to or
  continuing litigation on behalf of his client. (e) conceal or
  knowingly fail to disclose that which he is required by law to
  reveal;
• knowingly use perjured or false evidence;
• knowingly make a false statement of law or fact;
• participate in the creation or preservation of evidence when he
  knows or ought reasonably to know that the evidence is false;(I)
  counsel or assist his client in conduct that the lawyer knows to be
  illegal or fraudulent; or (j)   knowingly engage in other
  illegal conduct or conduct contrary to any of the rules.
• Where in the course of his representation of his client a
  lawyer receives clearly established information that the client has
  perpetrated a fraud upon a person or tribunal, he shall promptly
  call on his client to rectify it, and if his client refuses or is
  unable to do so he shall reveal the fraud to the affected person or
  tribunal, except when the information is a privileged
  communication; and if the person who perpetrated the fraud is not
  his client, the lawyer shall promptly reveal the fraud to the
  tribunal.
• A lawyer shall not assert in argument his personal belief in
  the integrity of his client or of his witnesses or in the justice
  of his cause,
             but he
  may make a fair analysis of the evidence touching on those
  matters.

RULE 23      (1) A
lawyer shall not do any act whereby for his personal benefit or
gain he abuses or takes advantage of the confidence reposed in him
by the client.

(2)   Where a lawyer collects money for his client, or
is in a position to deliver property on behalf of his client, he
shall promptly report, and account for it, and shall not mix such
money or property with, or use it as, his own.

RULE 27      (1) A
lawyer shall observe good faith and fairness in dealing with other
lawyers.

(2) Without the prejudice to the generality of sub-rule (1) of
this rule, a lawyer shall-

• observe strictly all promises or agreements with other opposing
  lawyers whether oral or in writing and whether in or out of court,
  and shall adhere in good faith to all agreements implied by the
  circumstance of the case
• where he gives a personal undertaking and does not expressly or
  clearly disclaim personal liability thereunder, honour his
  undertaking promptly; and (c) not take an undue advantage of the
  predicament or misfortune of the opposing lawyer or client.
• A lawyer shall not hand over his brief to another lawyer to
  hold, and that other shall not accept the brief, unless the brief
  is handed over in reasonable time for the receiving lawyer to
  acquire adequate grasp of the matter;
• Where a lawyer is aware, or ought reasonably to be aware, that
  a person is already represented by another lawyer in a particular
  matter, he shall not have any dealing with that person in respect
  of the same matter without giving prior notice to the other lawyer.
  The lawyer accepting the instruction shall use his best endeavours
  to ensure that all the fees due to the other lawyer in the matter
  are paid.
• During the course of his representation of a client, a lawyer
  shall not:

(a)        communicate, or
cause another to communicate, on the subject of the representation
with the party he knows to be represented by a lawyer in that
matter unless he has the prior consent of the lawyer representing
such party or is authorized by law to do so; or
(b)       give advice to a person who
is not represented by a lawyer in the matter or cause.

RULE 36 When in the court room, a lawyer shall
–

• be attired in a proper and dignified manner and shall not wear
  any apparel or ornament calculated to attract attention to
  himself.
• conduct himself with decency and decorum, and observe the
  customs, conduct and code of behavior of the Court and custom of
  practice at the bar with respect to appearance, dress, manners and
  courtesy.
• rise when addressing or being addressed by the Judge.
• address his objections, requests, arguments, and observations
  to the Judge and shall not engage in the exchange of banter,
  personality display, arguments or controversy with the opposition
  lawyer;
• not engage in undignified or discourteous conduct which is
  disregarding to a Court or tribunal; and
• not remain within the Bar or wear the lawyer’s robes when
  conducting a case in which he is a party or giving evidence.

SANCTIONS FOR BREACH OF THE RULES

Section 12 of the Legal Practitioners Act provides any of the
following sanctions in the event of a breach amounting to
professional misconduct by a legal practitioner:

1. Striking off the name of the legal practitioner from the roll
   of legal practitioners at the Supreme Court; 2. Suspension of the
   legal practitioner from practice for the period stated in the
   direction;
2. Admonition or caution of the legal practitioner;
3. Asking the legal practitioner to return the documents or refund
   the moneys or any other thing which came into the possession of the
   legal practitioner in the course of the transaction.