The Position of RPC On Solicitation For Briefs in Nigeria: The Attached Picture a Case Study

“NOTICE TO LAWYERS” IF YOU NEED COUNSEL TO HOLD YOUR BRIEF, PLEA CALL THE FOLLOWING NUMBERS: …..” All is not well with the above notice. No doubt Rule 39(1) of RPC permits a lawyer to engage in any advertising or promotion in connection with his practice of the law, however, the advertisement must be fair and proper in all the circumstances, and comply with the provisions of the rules. Furthermore, Rule 39 (2) which is divided into five sub-sections (a-e) inter-alia admonish a lawyer in Nigeria not to engage or be involved in any advertising or promotion that “…is inaccurate or likely to mislead; is likely to diminish public confidence in the legal profession, or the administration of justice, or otherwise bring the legal profession into disrepute; makes comparison with or criticizes other lawyers or other professions or professionals… etc Rule 39(3) in stronger terms states that “Notwithstanding the provisions of paragraph (1) of this rule, a lawyer shall not solicit professional employment either directly or indirectly by —– (a) circulars, handbills, advertisement, through touts or by personal communication or interview; (b) furnishing, permitting or inspiring newspaper, radio, or television comments in relation to his practice of law; (c) procuring his photograph to be published in connection with matters in which he has been or is engaged, or concerning the manner of their conduct, the magnitude of the interest involved, or the importance of the lawyer’s position; (d) permitting or inspiring sound recording in relation to his practice of law; (e) or such similar – aggrandisement.” A careful perusal of the foregoing provisions of the RPC will show that a lawyer is allowed to promote or advertise his practice of law but not to the extent of “improper attraction of business”. It must be fair and proper in the circumstances and must not be in such a manner that will bring the legal profession into disrepute. In a situation where a lawyer boldly pastes a notice calling for briefs, what would be the conclusion of a reasonable man? What would be his perception of the profession? With profound respect the Notice above is a glaring infraction of the RPC. It demonstrates a clear solicitation for briefs, therefore capable of demeaning the perception of the legal profession in the eyes of the public. Perhaps these infamous conducts continue unabated because NBA has not risen to its responsibility of reporting such to the LPDC.]]>