RULES OF PROFESSIONAL CONDUCT, RPC IN THE NIGERIAN LEGAL PROFESSION

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LEGAL PRACTITIONERS’ ACT CAP. L11, LAWS OF THE FEDERATION OF NIGERIA, 2004

LEGAL PRACTIONERS DISCIPLINARY COMMITTEE RULES, 2020

ARRANGEMENT OF RULES

1.     Short Title

2.     Interpretation

3.     Constitution.

4.     Submission of Originating Application.

5.     Certification of Case to answer.

6.     Supplementary Statements.

7.     Parties to proceedings.

8.     Appointment of counsel.

9.     Evidence general.

10.    Written Evidence.

11.    Previous findings of record.

12.    Hearing day and service of notice, etc.

13.    Hearing in absence of party.

14.    Re-hearing.

15.    Adjournment for Association to investigate.

16.    Appearance by members of Disciplinary Committee.

17.    Giving of false evidence.

18.    Proceedings and pronouncement of decision.

19.    Adjournment.

20.    Written addresses.

21.    Findings of not guilty.

22.    Finding and direction if found guilty.

23.    Finding not amounting to infamous conduct.

24.    Revocation of finding.

25.    Costs.

26.    Gazette Publication.

27.    Record of proceedings.

28.    Dispensing with Rules.

29.    Extension of time.

30.    Exhibits and books kept by Secretary.

31.    Fees.

32.    Repeal.

Schedule.

LEGAL PRACTITIONERS’ ACT CAP. L11, LAWS OF THE FEDERATION OF NIGERIA, 2004

LEGAL PRACTIONERS DISCIPLINARY COMMITTEE RULES, 2020

[COMMENCEMENT]                      [5th Day of March, 2020]

In the exercise of powers conferred by section 10(7) of the Legal Practitioners’Act Cap. L11, Laws of the Federation of Nigeria, 2004 and of all other powers enabling me in that behalf, I hereby make the following Rules

Short Title.

1.     These Rules may be cited as the Legal Practitioners Disciplinary Committee Rules, 2020.

I

LPDC SUPPLEMENNTARY RULES

t is hereby notified for general information that the General Council of the Bar (hereafter referred to as “the Bar Council”), in furtherance of the aims and objects of the Nigerian Bar Association under the constitution of the association as referred to in section 1 of the Legal Practitioners Act and for the maintenance of the highest standards of professional conduct, etiquette and discipline in terms of that constitution, has made the rules of professional conduct in the legal profession as act set out hereunder:-

ARRANGEMENT OF RULES 

1.       The duty of the Lawyer to the Court

2.       Relations with Judges

3.       Conduct towards Judges during trial

4.       Candor and fairness

5.       Attitude towards certain Tribunals

6.       Courtroom Decorum

7.       Employment in Criminal Cases

8.       Counsel for an Indigent Prisoner

9.       Conduct of Criminal Cases

10.     Adverse influence and conflicting interests

11.     Professional Colleagues and Conflict of Opinion

12.     Advising upon the merit of a clients cause

13.     Negotiations with opposite party

14.     How far a Lawyer may go in Supporting a Client’s Cause

15.     Restrain Clients from Improprieties

16.     Ill-feeling between Advocates

17.     Technical Advantage over Counsel and Enforcement of Agreements

18.     Right of Lawyer to Control the incidents of the Trial

19.     Lawyer as witness for Client

20.     Investigation of Facts and Production of Witnesses etc.

21.     Upholding the honour of the Profession

22.     Justifiable and unjustifiable litigations

23.     Responsibility for litigation

24.     The Lawyer’s duty in its last analysis

25.     Instigating Litigation either directly or through agents etc.

26.     Confidence of a Client

27.     Newspaper Comment on pending Litigation, etc.

28.     Discovery of imposition and deception

29.     Withdrawal from Employment

30.     Engaging in Business

31.     Salaried Employment

32.     Calling at a Client’s house or Place of Business

33.     Advertising, touting and publicity

34.     Scope of the prohibition of advertisement

35.     Newspapers and periodicals

36.     Notice to Local Lawyers

37.     Aiding unauthorized practice of Law

38.     Equality of members

39.     Retirement from Judicial Position or Public Employment

40.     Fee for each piece of Work

41.     Retainers

42.     Acquiring Interest in Litigation

43.     Expenses

44.     Fixing the Amount of the Fee

45.     Division of Fees

46.     Compensation, Commission and Rebates

47.     Suing Clients for professional fees

48.     Intermediaries

49.     Dealing with trust property

50.     Partnerships

51.     Practicing Fees

52.     Interpretation
 

RULES OF PROFESSIONAL CONDUCT IN THE LEGAL PROFESSION 

1.            The Duty Of The Lawyer To The Court

(a)          It is the duty of the lawyer to maintain towards the Court respectful attitude, not for the sake of the temporary incumbent of the judicial office, but for the maintenance of its supreme importance. Judges, not being wholly free to defend themselves, are peculiarly entitled to receive the support of the Bar against unjust criticism and clamour. Where there is proper ground for serious complaint of a judicial officer, it is the right and duty of the lawyer to submit his grievances to the proper authorities. In such cases, but not otherwise, such charges should be encouraged and the person making them should be protected.

(b)          A lawyer should be punctual in all court appearances and, whenever possible, should give prompt notice to the court and to all other counsel in the case, of any circumstances requiring his tardiness or absence.

(c)           A lawyer should make every reasonable effort to prepare himself fully prior to court appearances. He should promptly inform the court of any settlement, whether partial or entire, with any party, or the discontinuance of any issue. (d)     A lawyer should see to it that all depositions and other documents required to be filed are filed promptly, should stipulate in advance with opposing counsel to all non-controverted facts, should give the opposing counsel, on reasonable request, an opportunity in advance to inspect all evidence of which the law permits inspection, and, in general, should do everything possible to avoid delays and to expedite the trial.

LAWS OF LAGOS STATE

LAWS OF THE FEDERAL REPUBLIC OF NIGERIA