This article is focused on the practice guidelines on legal practitioners under the new rules of professional conduct (RPC) for lawyers slated to come into effect on the 1st of January,2024. The focus points of this write-up are :-
– The general responsibilities of a lawyer
– Aiding the unauthorized practice of law.
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– Authorized associations for lawyers.
– Practice guidelines for retired judges.
– Engagement in business by lawyers.
What are the general responsibilities for lawyers under the new RPC?
– Lawyers are required to uphold and observe the law, promote and foster the course of justice and not engage in conduct deemed unbecoming for lawyers.
What is classified as “aiding the unauthorized practice of law” under the RPC?
– This includes things like knowingly aiding the admission into the legal profession of unfit persons deemed so in learning and character.
– This also describes actions like :-
a). A lawyer sharing his legal fees with non-lawyers.
b). A lawyer using non-lawyer surrogates or intermediaries to front his legal practice.
c). A lawyer fronting his practice through touts or influencers.
– It should be noted that this provision will not apply to legal aid services for indigent persons fronted by charities or Non-Govermental Organizations (NGOs).
What are the practice associations permitted under the new RPC?
– Lawyers are not allowed to form partnerships with non-lawyers.
– It is not allowed to keep the name of a lawyer in a law firm partnership name when or if that lawyer becomes a judge.
– Subject to exceptions, names of dead partners in a law firm name can still be displayed.
– It is not allowed to run a lawfirm like a corporation.
What are the practice rules for retired judges going back into private legal practice?
– Retired judges are not permitted to appear in court as advocates.
– Retired judges are not allowed to sign pleadings/courtroom processes.
– Retired judges are still allowed to attach the honorific title of “Justice” to their names.
What does the new RPC say on lawyers engaging in business?
– Lawyers are not allowed to combine active legal practice with the practice of any other profession (estate valuation, chartered accountancy, etc).
– Lawyers are not allowed to combine legal practice with the buying and selling of commodities.
– Lawyers are also not allowed to combine legal practice with commission agency businesses.
– Lawyers are also not allowed to engage in businesses that might be deemed unbecoming (such as street hawking or selling narcotics)
– Lawyers are only allowed to combine legal practice with :
a). Farming.
b). Law teaching/lecturing.
c). Being non-executive directors in corporations.
d). Being shareholders in companies.
e). Being company secretaries.
Section II
This second write-up will be looking at practice guidelines for lawyers under the new rules of professional conduct (RPC) as they concern the following topics :-
– Lawyers in salaried employment.
– Practice fees.
– Seals & Stamps.
– Notification of legal practice.
Lawyers in Salaried Employment
– Lawyers in salaried employment are not allowed to appear in court in robes as members of the bar except when doing so as employees of legal departments of government agencies, departments and agencies.
– Lawyers in salaried employment are not allowed to prepare or sign pleadings, agreements, contracts, deeds, letters, legal opinions, or reports. A lot of companies are very guilty of violating this provision through their in-house legal counsel.
– Lawyers can however appear in court as agents of their employers for the purpose of appearances and witness examinations.
– Military lawyers (lawyers in the armed forces) can appear in courts-martial as officers and not lawyers.
Practice Fees
– Lawyers cannot sign documents like pleadings, affidavits, depositions, etc when in default of paying practicing fees.
– A lawyer shall not claim in any court that he has paid his legal practice fee when he has not done so.
Seals & Stamps
– Lawyers are required to affix to any documentation, stamps and seals issued by the Nigerian Bar Association (NBA).
– It should be noted that a lawyer not properly affixing a stamp and seal on a document can render that document deemed not to have been duly or properly signed or filed.
Mandatory Continuous Professional Development
– A lawyer who wishes to carry on practice as a legal practitioner shall participate in and satisfy the requirement of the mandatory Continuous Professional Development programme operated by the Nigerian Bar Association (NBA).
– The number of credit hours for each lawyer per year is granted according to years at the bar and is as follows :-
a).1-5 years post-call – 24 hours
- b) 6-10 years post-call – 18 hours
c). 11 years – above – 12 hours.
Annual Practicing Certificate
– The NBA is to publish a list of lawyers entitled to practice as lawyers for the year after complying with CPD & practice fee payments.
Notification of Legal Practice
– Every legal practitioner is required to, within 30 days of setting up his legal practice in a location, send a notice to his NBA branch stating :
a). His name
b). His address of practice
c). His date of call
d). His date of enrolment
– The RPC also requires that a notice of changes and particulars of changes made to any of the above details shall be sent to the NBA.