The Photo Shoot Of The Pregnant Lawyer With Wig And Gown Is Against The RPC

A picture of a purported lawyer has gone viral on the media
showing her wearing the Professional Wig and Gown.

She exposes her stomach with a man standing by her side.
 The picture has elicited mixed reactions among lawyers. The
concern is not the fact that she took the pictures showing her
pregnancy or exposing her body, the concern is taking pictures in
that situation professionally dressed (in a wig and gown).

Needless to say that the wig and the gown among others
constitute a professional dress worn by lawyers for appearances
before the Superior Courts of Record in Nigeria. Wearing not only
outside court, but exposing ones body telling the world that one is
pregnant is what contributes to its unacceptability. One cannot
rule out the possibility that the purported lawyer might have done
that because of her pride in the profession or excitement, but
unfortunately she exceeded her boundary.

The Rules of Professional Conduct provides as
follows:

“45. —– (1) Except with the permission of the Court, a lawyer
appearing before a High Court, the Court of Appeal or the Supreme
Court shall do so in his robes.

“(2) A lawyer shall not wear the Barrister’s or
Senior Advocate’s robe —–

(a) on any occasion other than in Court except as may be
directed or permitted by the bar Council;” (bolded and
underlined for emphasis)

By Barrister’s robe, the RPC means wig and gown  among
others. The above Rule is clear and unambiguous that wig and gown
is to be worn in court only. That for it to be worn in any other
place outside court, it must be with the leave of the Bar Council.
It follows therefore that what the pregnant lawyer has done is a
professional misconduct. For the avoidance of doubt, section 55.
(1) of the RPC provides that:

“If a lawyer acts in contravention of any the rules in these
Rules or fails to perform any of the duties imposed by the Rules,
he shall guilty of a professional misconduct and liable to
punishment as provided in Legal Practitioners Act, 1975.” See also
Iteogu v. L.PD.C (2009) 17 NWLR(Pt. 1171) 614
S.C.

The rate at which lawyers are disregarding the provisions of the
Rules of Professional Conduct is becoming worrisome. The legal
profession being a noble one demands a high standard of conduct
from its members. Lawyers are expected to maintain a high standard
of professional conduct and not to engage in any conduct which will
diminish public respect in the legal profession or that will bring
the profession into disrepute. Lawyers are obliged to win public
respect through their conduct.

In N.B.A. v. Akintokun (2006) 13 NWLR (Pt.996) pg.
167, Per ibrahim, J.C.A. quoted with approval the
lamentation of the Apex Court, as per Ademola, CJN in Legal
Practitioners Ordinance (Cap. 101) v. Mciver Edewor (1968) All NLR
224 at P. 229 as follows:

“We have often said in matters of this nature that certain
standards must be kept if the legal profession is to continue to
command the respect of members of the public it so much serves. Mr.
Peters, learned Senior State Counsel who appeared before us for the
committee, has said that the reputation of the profession is at
stake. We are ourselves alive to the fact that standards are
falling and to save the profession we must set our faces against
dishonesty and INDISCIPLINE by legal
practitioners.”

It is therefore suggested that such act and similar acts which
would erode public respect and attract public derision to the legal
profession should be avoided. We need to have passed this level
talking about other challenges of the profession and the ways
forward, not matters like this.