Legal scholar and professor, R.A.C.E Achara, has voiced strong concerns over what he terms the “unfortunate obfuscation” between the distinct roles of litigation and transactional law in Nigeria’s legal profession.
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In a commentary titled “BOSAN Cannot Re-write the Rules of Professional Conduct on Advertisement,” Prof. Achara critiques efforts to adopt advertisement practices that may erode the integrity of the legal system.
Prof. Achara emphasized the importance of maintaining clear distinctions between litigation and transactional law, describing the conflation of these branches as a source of confusion. He warned that the misapplication of advertising principles, borrowed from foreign jurisdictions, risks undermining the integrity of Nigeria’s legal system.
Drawing parallels to the United States and the United Kingdom, Prof. Achara pointed out the dangers of blindly copying legal innovations without adapting them to local institutional and societal frameworks. He noted that while advertisement might be acceptable for solicitors and transactional lawyers, its application to courtroom advocacy poses serious risks.
“Advertisement for transactional aspects of our noble profession might be tolerable. But it becomes a totally different and potentially destructive thing for courtroom lawyers,” he stated.
Highlighting the United States as an example, Prof. Achara referenced how unrestrained advertisement has impacted the legal profession, with the UK also beginning to witness similar trends. He urged Nigeria’s legal practitioners to exercise caution, emphasizing that not all innovations are worth emulating.
In his conclusion, Prof. Achara reiterated the need for the legal profession to preserve time-tested principles and uphold the integrity of the judiciary. He cautioned that indiscriminate adoption of foreign practices, especially those related to advertisement, could have far-reaching negative consequences on Nigeria’s legal system.
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