Lawyer’s Relation With One Another: An Advice To Opposing Lawyers Not To Sit Together In Court’s Proceedings By: Hameed Ajibola Jimoh Esq.

  The writer of this paper has gone through the Rules of Professional Conducts for Legal Practitioners, 2007-herein after referred to as RPC-, but has not discovered any provisions in the RPC disallowing sitting together of such lawyers. Nevertheless, the closest to this issue of disallowing sitting together is Rule 26 (1) of the RPC which provides thus ‘Lawyers shall treat one another with respect, fairness, consideration and dignity, and shall not allow any ill-feeling between opposing clients to influence their conduct and demeanor towards one another or towards the opposing clients’. Therefore, the writer of this paper is of the view that the issue of uttering abusive words and exchanging of bad words at one another can be accommodated under this Rule 26(1) of the RPC because, such situation will be the situation where lawyers allow ill-feeling between opposing clients to influence their conduct and demeanor towards one another or towards the opposing clients, whether the lawyers are private or public lawyers. Furthermore, there ought not to be any uttering of abusive words at one another by lawyers in the case of their clients, but at some points, some personal ill-feelings set in. In fact, there ought not to be any problem for learned brothers, Ministers in the Temple of Justice and learned colleagues to sit together and perform their duties but, sometimes, it could go beyond ordinarily performing professional duties, even the presiding judge sometimes, might find it uncontrollable, especially, some learned senior advocates have some disagreements which result in the use of some vulgar or sarcastic or abusive or inciting words or language. Also, it has always been a big question as to why lawyers would fight in the case of their clients. In fact, clients sometimes expect lawyers to display clear enmity against themselves and where they observe that two opposing lawyers are discussing or laughing with each other, they start to think that they have conspired to defeat their interest in the matter. In fact, the writer of this paper had experienced a situation where a client- who was a defendant- in a criminal suit, observed that the writer of this paper was discussing with the prosecutor, he started to fear that the writer of this paper has connived with the prosecutor., even though, the writer of this paper would not ever conduct or demean himself into such un-dignifying conducts and whereas, the discussion was in the interest of the defendant. It took the intervention of God Almighty to take time to explain the content of the discussion to the client who is an illiterate person. So, there are several other cases. Also, it would be better though, if the presiding judge observes that the lawyers for the two sides are on the same side or row in the bar to order them to sit separately on different rolls and not just sitting at the back and front of the same row. This would also curb the situation of moving close to one another to exchange blows or to hit the other person even in the open court. Also, lawyers should endeavor to observe the sitting position of the lawyer for the opposing litigant and if discovers that he is sitting on the same row like him, even where the sits are occupied, he should try his best to avoid sitting on the same row or side with the lawyer. Furthermore, it even has a great advantage not to sit together because sometimes, some of the lawyers on the other side might spy on the lawyer’s jottings or note for his oral submission or other evidence that he intends to use in the case, the situation which could have been avoided where they both do not sit together. This sometimes happens to the writer of this paper in the court where he would have to battle with covering his documents as if the court room were another examination center. Some lawyers might feel that there is nothing or no problem will happen if they sit on the same roll, but it is still the best that they should not sit together because, when the situation where such hot argument or abusive words would occur, it does not give any notice. It just happens unprepared. So, one would have acted on the part of precaution than on the part of seeking cure if lawyers can avoid sitting together in their trials in any court’s proceedings, whether criminal or civil. Furthermore, the reader should not be surprised that this situation does happen even among lawyers as professional and learned as they are. However, one thing must be cleared; lawyers are human beings and have individuals’ weaknesses. So, it remains a better or the best option for lawyers to avoid sitting together, even if they are senior advocates. Finally, it is the expectations of the writer of this paper that the pieces of advice given in this paper would be very instructive and useful in no less value and would be acted upon by lawyers-whether young or senior, including the senior advocates- and that the courts would always order lawyers of opposing litigants to sit on either right or left side but not on the same side. Nevertheless, this paper is just an advice! e-mail: hameed_ajibola@yahoo.com]]>