A speech by Chief Bolaji Ayorinde (SAN) at the Nigerian Bar Association (NBA) Ibadan Branch Annual Law Dinner held at Aare Afe Babalola (SAN) Bar Centre, Ibadan. Ethics and culture at the Bar is the way of life of lawyers, their behaviour, their ideas of what is good and bad behaviour. Ethics and culture is codified in many Commonwealth jurisdictions. It relates to our moral behaviour in and out of Court or chambers. In Nigeria codification can be found in the Rules of Professional Conduct in the Legal Profession, Legal Practitioners Act, Cap 207 Laws of the Federation of Nigeria. The legal profession worldwide is very particular about ethics and culture and these include the conduct and decorum of lawyers. Although lawyers are considered as being in the top bracket of professionals in the worldwide, Investopedia ranks Surgeons, Psychiatrists, General Practice Physicians, Senior Level Corporate Executives, Dentists, Petroleum Engineers, Orthodontists, Data Scientists, Air Traffic Controllers and Pharmacists as the top 10 professional earners. My research shows me that lawyers were not even in the 10 most-in-demand jobs in 2017. Don’t be surprised that this list includes “Truck Drivers” in the United States. However, it is generally accepted that being a lawyer is a financially booming career path that has attached to it a high degree of status and respect. The premium placed on the profession worldwide is still very high. Therefore, a correspondingly high demand of good standards is not surprising. The saying is very apt – To whom much is given, much is desired. Without being disrespectful, it is unlikely that standards and ethics demanded by National Union of Road Transport Workers or the Association of Blacksmiths will be as stringent as that of lawyers. In the case of NBA V. OBIOMA (2010) 14 NWLR (PT 1231) 641 AT 680 the Supreme Court of Nigeria held as follows: “Legal practice is a very serious business that is to be undertaken by serious minded practitioners particularly as both the legally trained minds and those not so trained always learn from our examples. We therefore owe the legal profession the duty to maintain the very high standards required in the practice of the profession in this country” Also in the postscript to his book titled: “Threat to the Rule of Law” Hon Justice T. A. A. Ayorinde, former Chief Judge of Oyo State, wrote: “The standards of behaviour required by the law should always be upheld by the Courts. Judges are supposed to be custodians of these standards.” He added: “I believe a good judge should keep away from socialising with any persons but with very few persons of his social standing and orientation. We must show our fellowmen by our decisions and behaviours how to behave according to law to achieve peace, order and good government. This is how Judges can get over their trials successfully and be seen to be discharged and acquitted by civilised people.” Our ethics demand that lawyers must never be rude or insulting to the Court or to opposing lawyers even if much Junior. The use of the words “Strange” and “Mysterious” in describing the Judgment of a Lower Court was held to be grossly inappropriate and inconsistent with High ethical Standards of the Profession. See ETIM V OBOT (2010) 12 NWLR (PRT 1207) 108. What judges expect  Judge expects from an advocate the following: Simplicity of presentation. You must be lucid in your presentation

  • Selectivity – separate the relevant from the irrelevant as irrelevancies becloud your otherwise good points.
  • Straight – forwardness. Go to the issues and refrain from beating about the bush.
  • Brevity. The simpler, the better.
  • Candour – Courts detests deceitful Counsel. Counsel must use every opportunity to be truthful to the Court.
  • Resilience – argue with conviction as half hearted presentations are indication of a bad case.
  • Proper preparation: the Court must perceive you as thorough in your preparation. This is more apt in these days of front loading processes.
  • Courage, but not recklessness. Respect the judge but do not fear him. Put your point across respectfully without being discourteous.
In his work titled: Advocacy, Ethics and the Bar Chief Richard Akinjide, CON, SAN FCIArb (UK) suggested that every advocate should read two of Shakespare’s Plays “The Merchant of Venice” and “Julius Ceaser”. I have read them and found them to be inspiring. Chief Akinjide: “Broadly, there are three lessons to be learnt from Shylock V. Antonio. First, a good advocate should not take light hints from the Bench. Shylock did not observe that norm in the belief that his case was cast-iron. He lost. “Second, statues should not be interpreted or applied in a way that takes leave of common sense. Interpretation must be fair and equitable and be seen to meet the ends of justice. “Third, if Counsel is offered a fair settlement in a case, he should recommend acceptance to his client and not reject it on the ground that his client’s case is good and would probably get more after a full trial.” Public interest litigation A Member of the Bar must be ready to take on briefs Pro bono publico, that is, briefs for the public good without charging any professional fees. One of my most satisfying cases was to assist a young Architect in the employment of the defunct NITEL. He was involved in a motor accident while on duty. He was a passenger in a NITEL Official Car when the accident occurred. After some treatment in the hospital at the expense of NITEL, he was laid off. He had lost one eye and he could not draw a straight line. You can imagine an Architect who could not draw a straight line. In a twist of fate he had become jobless and hopeless. I was delighted when the Lagos High Court finally entered Judgment in his favour. He was able to start a new life. We remain friends till this day. It is worthy of note that Applicants for the rank of Senior Advocate of Nigeria are now required to submit a list of Pro bono cases they have handled. Other ethical requirements include the lawyers’ duty to the Court, rules relating to relationships with clients and other lawyers, improper attraction of business and remuneration. I implore you to study these rules from time to time. Ethics, Culture and conduct also include Decorum and Dressing. As a junior once you sight the late Kehinde Sofola, SAN, CON approaching, you will immediately check yourself to ensure you were properly fitted out. Judges would refuse to see or hear badly dressed counsel in Court. Things have gone southwards. Lawyers now dress badly to Court. Lawyers dress badly on the Road. Lawyers dress badly in their Chambers. This is unacceptable and should be looked into. I implore that all Local Bars set up Ethics, Culture, Decorum and Dressing Committees to ensure that good standards are kept and maintained. I also recommend an Ethical provision from the Indian Bar which is, another commonwealth jurisdiction. Indian Lawyers are strictly enjoined to ensure that they drop briefs when a client desires the Lawyer to engage in any unethical practice. This means that the desire for success should never tempt a lawyer to engage in untoward practice. After all, when the Lawyer gets into trouble, the Client quickly abandons him for another lawyer at the same or even lesser fees. We must not only focus on the discipline and punishment of erring lawyers but encourage the setting up of a Bar Standards Board. Such a Board will ensure that the profession is practiced at the highest quality level. Lawyers should be required to complete Continuing Professional Development (CPD) courses to maintain and improve their skills. Our disciplinary measures should not only be limited to warnings or reprimands where the offending lawyer has not been found to be gravely wanting. Such situations should include directive that the erring lawyer compulsorily attend recognised CPD Courses and report to the Disciplinary Committee of the Bar. The promotion of ethics and culture is continuous. It never ends. New silks in Nigeria are given a Handbook titled Code of Dressing & Decorum for Senior Advocates of Nigeria (for Courtroom, Special Court Sessions & Ceremonial Occasions). I was privileged to serve on the committee that produced this Handbook on June 15, 2013. The Handbook remains a guide book for silks in Nigeria. It specifies the manner of the use of the working robe i.e Court dress, Ceremonial robes and the Black Rosette. Let me share with you some other aspects of the Handbook: Lateness, courtesy If a Senior Advocate of Nigeria (SAN) arrives in Court after the judge has begun sitting and his case has been called, he should offer an apology to the Court and give an explanation for his lateness. Respect for the Judge and his authority remains a mark of leadership for members of the inner bar. Courtroom When the Courtroom is congested, and other lawyers are standing, it is good leadership at the Bar to be magnanimous with privileges and allow standing Counsel (especially the older ones) to sit, to the extent possible; and with the indulgence of the Judge and other Senior Advocates. This is not mandatory, but simply a matter of discretion. Altercation between SANs (for instance as to seniority or sequence of privileges) should be avoided in open Court or to the hearing of junior counsel and non-lawyers. Courtesy to opposing Counsel, irrespective of age and status at the bar remains a hallmark of leadership and finesse. Overall carriage Members of the Inner Bar should at all times carry themselves in a reserved manner, with a degree of calm, civil and gentle manners as depict their leadership positions at the Bar. This includes dressing appropriately at all other times even outside of the Court premises, and treatment of persons generally. It must always be remembered that every member of Inner Bar is somewhat an Ambassador (for good or bad) of all other members. I recommend that a similar Handbook be produced for the entire Bar and in particular the new entrants. The NBA should ensure that all lawyers should have copies. We have a duty to ensure that the Bar maintains the highest Ethical Standards so that the future generation of lawyers will continue to practice our beloved profession with the highest standards. Our efforts today will guarantee a future for the legal profession. Let me end with a Greek proverb which says: “Society grows great when old men plant trees whose shade they know they shall never sit in.”]]>

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