The Position of RPC On Solicitation For Briefs in Nigeria: The Attached Picture a Case Study

The Rules of Professional Conduct (RPC) for Legal Practitioners
in Nigeria, promulgated in 2007 has made ample provisions in
respect of advertisement by legal practitioners particularly in
rule 39 thereof. It is a remote possibility for any lawyer to claim
ignorance of it because it is not only taught to all legal
practitioners during their days as students at the Nigerian law
school, it has also been emphasized in conferences, articles,
social media etc. it therefore beats one’s imagination that lawyers
still continue in the infraction of the Rules.

A notice sighted by Nairalaw (TNL) reads:

“NOTICE TO LAWYERS”

IF YOU NEED COUNSEL TO HOLD YOUR BRIEF,

PLEA CALL

THE FOLLOWING NUMBERS:

…..”

All is not well with the above notice. No doubt Rule 39(1) of
RPC permits a lawyer to engage in any advertising or promotion in
connection with his practice of the law, however,
the advertisement must be fair and proper in all the circumstances,
and comply with the provisions of the rules. Furthermore, Rule 39
(2) which is divided into five sub-sections (a-e) inter-alia
admonish a lawyer in Nigeria not to engage or be involved in any
advertising or promotion that “…is inaccurate or likely to mislead;
is likely to diminish public confidence in the legal profession, or
the administration of justice, or otherwise bring the legal
profession into disrepute; makes comparison with or criticizes
other lawyers or other professions or professionals… etc

Rule 39(3) in stronger terms states that “Notwithstanding the
provisions of paragraph (1) of this rule, a lawyer shall not
solicit professional employment either directly or indirectly by
—–

(a) circulars, handbills, advertisement, through touts or by
personal communication or interview;

(b) furnishing, permitting or inspiring newspaper, radio, or
television comments in relation to his practice of law;

(c) procuring his photograph to be published in connection with
matters in which he has been or is engaged, or concerning the
manner of their conduct, the magnitude of the interest involved, or
the importance of the lawyer’s position;

(d) permitting or inspiring sound recording in relation to his
practice of law;

(e) or such similar – aggrandisement.”

A careful perusal of the foregoing provisions of the RPC will
show that a lawyer is allowed to promote or advertise his practice
of law but not to the extent of “improper attraction of
business”. It must be fair and proper in the circumstances
and must not be in such a manner that will bring the legal
profession into disrepute. In a situation where a lawyer boldly
pastes a notice calling for briefs, what would be the conclusion of
a reasonable man? What would be his perception of the profession?
With profound respect the Notice above is a glaring infraction of
the RPC. It demonstrates a clear solicitation for briefs, therefore
capable of demeaning the perception of the legal profession in the
eyes of the public.

Perhaps these infamous conducts continue unabated because NBA
has not risen to its responsibility of reporting such to the
LPDC.