Does A UK Lawyer Advertising In A Nigerian Newspaper Have Implications On Nigerian Lawyers?

Like I once said in one of my write ups, the legal profession is a noble profession guarded with jealousy because of the role the judiciary plays in the society.  But the sentinels the profession may protected be with, will definitely depend on what society of focus it is. For Nigeria, there are many ways the Legal profession seems to be guarded, one of which is “The when and when not” to advertise. This area of the profession has been extensively discussed in one of my piece titled “GLOBAL RANKING OF NIGERIAN LAW FIRMS AND LAWYERS: A BREACH OF THE RULES OF PROFESSIONAL CONDUCT, 2007?” which was published by TheNigeriaLawyer.

In that piece, I stated Rule 39 of the Rules of Professional Conduct, 2007 which provides inter alia that a lawyer shall not engage or be involved in any advertising or promotion of his practice of the law which makes comparison with or criticizes other lawyers or other professions or professionals; includes statement about the quality of the lawyer’s work, the size of success of his practice or his success rate, while affirming the general rule on advertisement which in my opinion did not meet the general criterion of “fair and proper”. Citing the case of Legal Practitioners Disciplinary Committee v. Fawehinmi, (1985) 2 NSCC 998, and other authorities, I gave reasons why I ruminated that the global ranking of Nigerian Law firms and Lawyers is a breach of the RPC, of which many legal experts agreed with my position. However, when that piece was impregnated and delivered, I never thought that I will be re-visiting the issue from another slant other that on themes of rejoinder or replies and perhaps counter-replies on the former.

On the 31^st day of August, 2017, being a Thursday, the Punch Newspaper published at page 17, an advertisement of a supposed European Leading Law Firm with the name Garth Coates Solicitors specialized in immigration and nationality Law on the advert caption “Journey to Citizenship”. The advertising was about the offering of legal services to those who intend migrating to the UK and the likes.

This advertisement has triggered a lot of arguments, not a Barney though, in the legal community, because advertisement is restricted in the Nigerian Legal System. However, away from the inner eclipse, some legal practitioners have cast sights on the discourse from beyond the legal blanket of fair and proper and the exceptions in fellowship. But then, what possible implications does the advertisement in contention have on Nigerian lawyers?

THE IMPERSONATION DEBATE-

Section 22 of the Legal Practitioner’s Act, provides for the offence of Impersonation of a Legal Practitioner. Section 22 provides inter alia:

(1) Subject to the provisions of this section, if any person other than a legal Practitioner-

(a) practices, or holds himself out to practice, as a legal practitioner; or

(b) Takes or uses the title of legal practitioner; or

(c) willfully takes or uses any name, title, addition or description falsely implying, or otherwise pretends, that he is a legal practitioner or is qualified or recognized by law to act as a legal practitioner; or

(d ) prepares for or in expectation of reward any instrument relating to immovable property, or relating to or with a view to the grant of probate or letters of administration, or relating to or with a view to proceedings in any court of record in Nigeria, he shall be guilty of an offence and liable, in the case of an offence under paragraph (a) of this subsection or a second or subsequent offence under paragraph (d) of this subsection, to a fine of an amount not exceeding N200 or imprisonment for a term not exceeding two years or both, and in any other case to a fine of an amount not exceeding N100.

Some legal practitioners are of the opinion that the act amounts to impersonation. This argument is anchored on the view that anyone whose presence has not been graced in the Nigerian law School and afterwards called to bar by the Body of Benchers or better still exempted in anyway via the relevant conducts by Law is not a recognized Legal practitioner to practice Law in Nigeria, even if the person may be a legal practitioner in any other part of the world.

In a mustard mouth, it is argued that the action amounts to impersonation by advertising to foreign clients in Nigeria. Thus it is advised in this wise that the national officers should investigate and charge them with impersonating legal practitioners to protect our market.

But in my opinion, advertisement itself here does not amount to practice being restricted according to the wordings of the Law. There is no way a forbidden act will amount to practice. In the eyes of the law, it is no practice but a violation. But then, how can one violate the RPC in this light when he or she is not a legal practitioner? In other words, does the RPC affect the legal practitioner in Nigeria alone considering the wordings “A lawyer” which dominates the Law book (RPC)? I asked this same question in my previous write up, so I won’t dwell on it again.

Thus, assuming Garth Coates cannot be said to be in violation for not been recognized as A lawyer in Nigeria, it only means that the sniper is not on the advertisement but on the soliciting. This way, we can only say that advertisement brought the issue of practice to a limelight discourse and not advertisement discourse per se as many minds may mind for a travel.

Thus, until Garth Coates begins actual soliciting, he is yet to practice, because advertisement is no practice. Perhaps, the argument may be appealing if it is cultivated from any other aspect as I did from the precious article but definitely, not from the point of view of “advert being practice”. But he may not escape the web of holding one’s self to practice as it is in the wordings of the Law.

From the foregoing, it is submitted that the safest root out as the possible implication is that Gareth Coates may be impersonating not because Coates has started practicing anyway, but because through the advertisement which though does not amount to practicing, he has given a sound impression to possible clients that he is licensed or qualified to practice in Nigeria. In other words, he has holds himself out to practice.

Therefore, it is for the interest of the Nigerian Legal Labour market, and the Nigerian Legal Practitioners that NBA needs to investigate this act of Mr. Gareth Coates, a UK based legal practitioner, who holds himself out to practice, if perhaps, he may have an excuse or an exception in fellowship to ease his excuse, else he stands an offender of our sacred book.

Below is Photocopy of the advertisement published on Punch Newspaper 

[pdf-embedder url=”https://thenigerialawyer.com/wp-content/uploads/2017/09/advert-in-Nigeria-news-papaer.pdf” title=”advert-in-nigeria-news-papaer”]

Ebi Robert

Co-Editor, TheNigeriaLawyer.