* Says Legal Practitioners Do Not Realize That They Are Perfecting An Art Of Self Sabotage Among Themselves
*Says Sanctions In The RPC Are Rarely Applied
*The legal Profession has Fallen Below Expectation — OlumuyiwaObanewa Esq
* Says That One Can Only Hope That Drastic Steps Are Taken To Nip In The Bud This Ugly And Unfortunate Trend.
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A Senior Advocate of Nigeria, Chief O.T. Akinbiyi, has identified the decline values in Society, declining Standard of legal Education, Economic problems and overpopulation of lawyers as the reasons for the sharp decline in the standard of conduct in the legal profession. The Learned Silk made this observation whilst speaking on the paper, “Application of Ethical Principles in Legal Profession: Strict Enforcement by the Bar and the Bench”, which he delivered during the Bar and the Bench Forum organized by the NBA Ota Branch, on the 17th day of April, 2019.
Speaking on the topic, he said that the rules which regulate the legal profession are both written and unwritten. According to him, there are some unwritten rules which also guide the legal profession, and are now reduced into practice directions by the Chief Justice of Nigeria. He noted that, he sees the legal profession as being in a special class because while the rules governing the practice of the profession have since been codified as parts of the statutes of the country, other professions are just embarking on efforts to get the same attention. He also stated that the Rules of Professional Conduct in the legal profession covers not only the standard expected of the legal practitioner himself, but the standard expected in his or her relationship with the court, tribunal judges and magistrates; the standard expected in his relationship with other practitioners; and the standard expected in the relationship with his clients.
After going through the rules, he said that they fall under broad principle or requirement of Dignity, Integrity, Decency, Honourability, Conservatism (or sobriety) because these are the real hallmark of personality in the legal profession which includes members of the bar and the bench. For instance, he classified Rule 1, 7 under Honourability, Rule 14, 15, 17, under Integrity, and Rule 22 under Honourability and Decency, and so on.
Speaking On The Effects Of And Panacea For Declining Stand Of Conduct In The Legal Profession: Strict Enforcement By The Bar And The Bench, he said that the rate at which the standard of conduct is declining especially at the bar is such that if bold and serious steps are not taken, everything good about the administration of justice in Nigeria many soon be entirely dimidiated.
“The rate at which the standard of conduct is declining especially at the bar is such that if bold and steps are not taken, everything good about the administration of justice in Nigeria many soon be entirely dimidiated. Unfortunately, legal practitioners do not realize that they are perfecting an art of self sabotage among themselves.
“A concerted effort is therefore required to stem the tide. Incidentally the RPC itself provides for sanctions, but it is obvious that the sanctions are rarely applied. It is time to start to wield the sanctions, for lawyers to blow the whistles and set the machinery in motion for the sanctions to be wielded. It is time for courts to be disallowing lawyers who are not properly attired from appearing before them. It is time for judges to pay due attention to the observation of rules of professional conduct in their courts. It is time for the controlling bodies of the legal profession to wake up to their responsibilities, etc,” he said.
The Chairman of Otar branch, Isaac Ogbah, Esq., during his opening remarks emphasized that the program aims at addressing the issues on declining values on ethics and is designed to foster the strict application and enforcement of ethical principles in the legal profession by the bar and the bench. He also added that there is need for timely intervention to curb the menace.
“In recent times, issues relating to the inappropriate dressing of lawyers appearing in court, wrong mode of addressing the court, ineptitude of lawyers within and outside the court premises, unbecoming behaviour of lawyers in court to mention a few, is now a cankerworm that has eaten deep into the legal profession, thereby reducing the standard of the profession daily.
“It is longer news that the age long culture and practices of our profession which ought to be updated by lawyers as noble men of the bar is now under serious threat, hence the need for the timely intervention. The Program aims at addressing the foregoing issues and is designed to foster the strict application and enforcement of ethical principles in the legal profession by the bar and the bench.”
Olumuyiwa Obanewa Esq., a Legal Practitioner/Notary Public of Sagamu Ogun State, whilst speaking on the paper, Application Of Ethical Principles In The Legal Profession: Strict Enforcement By The Bar And Bench At The NBA Ota Branch Bar And Bench Forum, appealed to the listeners that the discourse is not in any way an attack on members of the branch but a trend that is gaining momentum among lawyers nationwide and this call for immediate intervention. He added that there is no doubt that this topic is most relevant even at this moment, when the ethics of the noble legal profession has fallen below expectation and has given leaders of the bar and indeed bench a lot of concern
“There is no doubt that this topic is most relevant even at this moment, when the ethics of our noble legal profession has fallen below expectation and has given leaders of the bar and indeed bench a lot of concern. And useless this trend is nip in the bud, by a discourse of this nature, we might soon become a laughing stock in our society.
“I would however plead that this discourse is not in any way an attack on members of this branch but a trend that is gaining momentum among lawyers nationwide and this call for immediate intervention,” he said
He also restricted himself to the enforcement of the topic. Speaking on the ethical requirement of legal practitioner, he emphasized that the duty to enforce same is a collaborative work between the bench and the bar. He therefore concluded that one can only hope that drastic steps are taken to nip in the bud this ugly and unfortunate trend.
In attendance at the Bar & Bench lecture series were Hon. Justice O. O. Majekudunmi, who represented the Go. Chief Judge of Ogun State, Go. Justice M. A. DIPEOLU, FICMC, as well as several other judges of Ogun STATE including but not limited to Go. Justice O. Ogunfowora, Go. Justice A. T. Lamina, Hon. Justice N. O. DUROJAIYE, Hon. Justice E. A. Fabamwo and Go. Justice O. H. OYAJINMI. The chairman of NBA Abeokuta branch, Emmanuel Olu-Alade also graced the ocasion.
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