In this write-up, we will be taking a closer look at a very important issue for many lawyers in private legal practice which is their professional relationship with clients which is regulated by the rules of professional conduct (RPC) in Nigeria.
Our focus will be on the topics of :-
– Dedication & devotion to the cause of clients.
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– Client representation within the bounds of the law.
– Competent representation.
– Conflicts of interest.
– Agreements with clients.
What are the requirements of the RPC regarding dedication to the cause of a client?
– A lawyer shall devote his attention, energy and expertise to the service of his client, and subject to any rule of law, act in a manner consistent with the best interest of his client.
– A lawyer shall:
a). Consult with his client in all questions of doubt which don’t fall within his discretion.
b). Keep the client informed of the progress and any important development in the cause or matter as may be reasonably necessary.
c). Warn his client against a particular risk which is likely to occur in the course of the matter.
d). Respond as promptly as reasonably possible to request for information by the client.
e). Where he considers the client’s claim or defence to be hopeless, inform him accordingly.
– A lawyer employed in respect of a court case shall be personally present or be properly represented throughout the proceedings in court.
– Any negligence by a lawyer in handling a client’s affairs may amount to professional misconduct.
What does the RPC say regarding representing clients within the bounds of the law?
– In his representing a client,a lawyer may refuse to aid or participate in conduct that he believes to be unlawful even though there is some support for an argument that the conduct is legal.
What does the RPC provide regarding competent representation of clients by lawyers?
– Lawyers are not allowed to :
a). Handle a legal matter which he knows or ought reasonably to know that he is not competent to handle without associating with him a lawyer who is competent to handle it, unless the client objects.
b). Handle a legal matter without adequate preparation.
c). Neglect a legal matter entrusted to him.
d). Attempt to exonerate himself from or limit his ability to his client for his personal malpractice or professional misconduct.
What does the RPC say on conflicts of interest?
– A lawyer shall at the time of a retainer, disclose to the client all the circumstances of his relating with the parties and any interest in or connection with the controversy which might influence the client in the selection of the lawyer.
What does the RPC say on agreements with clients?
– A client shall be free to change his lawyer and to dispense with his services as he deems fit, provided that nothing in this provision shall absolve the client from fulfilling any agreed or implied obligations to the lawyer including the payment of fees.
Section II
This second article installment will be looking at the provisions of the new rules of professional conduct (RPC) for lawyers regarding their relationships with clients in the areas of :-
– Maintaining client privilege and confidence.
– Lawyers standing as witnesses for clients.
– Withdrawal from employment of clients by lawyers.
– Calling at the houses or places of business of clients by lawyers to receive briefs.
– Lawyers dealing in properties of clients.
What does the RPC say regarding the privilege and confidence of a client?
– All oral or written communications made by a client to his lawyer in the normal course of professional employment are privileged.
– A lawyer shall not knowingly :
(i). reveal a confidence or secret of his client;
(ii). use a confidence or secret of his client to the disadvantage of the client;
(iii). use a confidence or secret of his client to the advantage of himself or of a 3rd person unless the client consents after full disclosure except with the client’s consent after full disclosure or when necessary to establish his legal fee or defending a wrongful conduct allegation.
What does the RPC say on lawyers standing as witnesses for their clients?
– Lawyers are not allowed to do so in any contemplated or pending litigation where he knows or ought reasonably to know that he or a lawyer in his firm may be called as a witness .
– A lawyer can testify:
a). Where the testimony will relate solely to an unconnected matter.
b). Where the testimony will solely relate to a matter of formality and there’s no reason to believe that substantial evidence will be offered in opposition to the testimony.
What does the RPC say on withdrawal by lawyers from a client’s employment?
– A lawyer shall not abandon or withdraw from an employment once assumed, except for good cause which can be –
a). conflict with the interest of the client;
b). when the client insists on an unjust or immoral course in the conduct of his case;
c). where the client persists against the lawyer’s advice and persists in pressing frivolous defenses;
d). where the client deliberately disregards an agreement or obligation as to payment of fees or expenses.
Is a lawyer calling at the place of business or residence of a client allowed under the new RPC?
This is not allowed except in special circumstances or for some other reason preventing his client from coming to his law office.
What does the new RPC say regarding a lawyer dealing in the property of a client?
– This is allowed except when it constitutes an abuse of the client’s trust.