The Roles, Duties And Status Of A Private Legal Practitioner In The Nigerian Societies

By Hameed Ajibola Jimoh Esq.

The roles, duties and status of a lawyer in the time past, which have been that of a very ‘great respect’ before an average member of the public has continued to depreciate both socially, economically, etc. Some lawyers (with due respect to them) who carry out some nefarious activities too have made a large number of the members of the public to lose some great respects and trusts for lawyers especially lawyers in private legal practice. This is not to say that there are not some members of the public that still hold members of this legal profession with great esteem. Also, it is not to say that all lawyers are bad! This paper aims at calling on members of the public not to lose hope, trust and respect for all lawyers as there are still among lawyers those who have carried their roles, duties and status to a very commendable level and would do nothing to tarnish their image for whatever purpose or reason or motive. This paper is also of the firm view that where lawyers take professionalism and ethics as their codes, gradually, they would be able to redeem the almost lost integrity, trust and respect from the public in favour of the legal profession and its practitioners.

The roles and duties of lawyers in Nigeria have been laid down by the Legal Practitioners’ Act, 2004 (and all the amendments thereto)-herein after referred to as the LPA-, and the Rules of Professional Conducts for Legal Practitioners, 2007-herein after referred to as the RPC.

First and foremost, Furthermore, Rule 1 of the RPC is a first and foremost guide on the ethical conducts of a lawyer which provides thus ‘A lawyer shall uphold and observe the rule of law, promote and foster the cause of justice, maintain a high standard of professional conduct, and shall not engage in any conduct which is unbecoming of a legal practitioner’. The RPC has provisions for the ethics, roles and duties that a lawyer must observe and or perform in his: practice as a legal practitioner which ranges from Rules: 1-13; the relation with clients, which ranges from: Rules: 14-25; relation with other lawyers, which ranges from: Rules: 26-29; relation with the court, which ranges from Rules: 30-38; improper attraction of business, which ranges from Rules: 39-47; remuneration and fees, which ranges from Rules: 48-54; miscellaneous, which ranges from Rules: 55- 57. I must state that this RPC is subsidiary to the LPA which also contains provisions on ethics to be complied with by a lawyer especially sections: 9, 11 and 20 of the Legal Practitioners’ Act. Furthermore, section 55 contains provisions on the liability of a lawyer thus ‘55 (1) If a lawyer acts in contravention of any of the rules in these Rules or fails to perform any of the duties imposed by the Rules, he shall be guilty of a professional misconduct and liable to punishment as provided in Legal Practitioners Act. (2) It is the duty of every lawyer to report any breach of any of these rules that comes to his knowledge to the appropriate authorities for necessary disciplinary action. It is important for me to state here that this Rule 55 refers and is applicable to a lawyer in both private and public legal practice (in essence, all lawyers in Nigeria).

Furthermore, it is important for me to say that the status of a lawyer in the society cannot be overemphasized. Lawyers are the reformers of the society. If the society is bad, ask the lawyers. If the society is good, praise and commend the lawyers. The lawyers are presumed generally to know the laws regulating the society and all the laws of the land. Therefore, lawyers are the: advisors, the counselors, the reformers, the arbitrators, the litigators, the solicitors, the legal agent etc for the societies. In a community where there is at least a lawyer, there ought to be a sense of calmness, peace and unity in that community having regard to the legal and intellectual capacity and influence of the lawyer. Where there is a lawyer in a community, such a community would no more suffer bad roads, lack of adequate water supply, intermittent power supply, etc, as the services that such a lawyer can render ranges from paid and unpaid legal services (including pro bono legal services) for the members of the society. It gets to an extent that no one would be more qualified to be appointed and or nominated for a higher position in the community except a lawyer, not just because of his ‘big grammar’ but also because of his exposure to the global world, his experiences, comportment, meticulousness, decorum, morality, professionalism, ethics, etc., which qualify him for such a high position and or status in his community. In fact, he is like a saviour to his immediate community at any given time. The roles and status of a lawyer to the nation is also numerous indeed. Most importantly too, a family that has at least a lawyer is seen and reckoned with by other members of the societies. A lawyer can fight against abuse of powers and violation of human rights and to defend the oppressed and the less privileged whether such a victim and or his or her family members have money to offer for his legal services or not (and even though his legal services are forms of financial support for him too. All these make a lawyer to be looked upon at all time. It is only very unfortunate that we as lawyers are almost allowing all these eminent status to gradually go into extinction! One main reason for all these great roles of lawyers to continue to be abandoned by some if not majority of lawyers in Nigeria, in my humble view, is due to the ineffectiveness of reportage of unprofessional conducts and attempts to prevent justice being carried out upon the erring member of the profession!

Furthermore, some young lawyers might be disappointed as to their status of being a lawyer! They should not! They are indeed on the right path! Nevertheless, my advice as a piece for the young lawyers in Nigeria is to take: hard-work, diligence, patience, apprenticeship and devotion to professionalism and professional ethical conducts seriously with passion. If they do all these, very soon, I trust God Almighty, all those inadequacies would become more than enough!

Finally, it is beyond emphasis for me to say that the roles, duties and status of lawyers in the societies cannot be overemphasised. Lawyers must make all required efforts towards regaining back the almost lost heritage of their status in both their immediate family, community, among members of their societies at large (it is almost becoming at some quarters that a bad in-law to ever have economically too is a lawyer!). In achieving all these, we must bear in our minds that professionalism and ethical conducts are two necessaries. These goals are very achievable and realistic from my humble view, if we as lawyers (seniors and or young) believe in their possibility which I hold firmly and with God Almighty, all things shall be possible!

Email: hameed_ajibola@yahoo.com