Professional Ethics 2021 Review

ABOUT THE BOOK
This material was born out of necessity to help in narrowing down the bulky
works at the Nigerian Law School. It is basically summarized to give students a
sense of focus and direction on what to know in other to study smart and pass
the Bar exams in flying colours.
In order to achieve this aim, this work contains the following features:
1. Reference to important focus topics.
2. Reference to areas that has consistently appeared in the bar final exams.
3. Specific possible questions on each topic.
4. Selected sample drafts and years of reference in the bar exam
5. Bar Final Exam Tips.
It is our aim that proper use of the material will not only grant all our students
their desired success but also guide them in their sojourn into the legal practice
thereafter.
PLEASE NOTE: Over the years we have battled and are still battling with
pirating and plagiarising of this work. This work is always subject to constant
review from the author Chijioke Kelvin Ogazi and at all times only him can
give the updated and current version of the work.
BEWARE OF PIRATED COPIES
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GENERAL EXAM TIPS
 Good preparation cures exam tension and fear; so prepare well.

 Pray to your God for Guidance, Assistance and Protection.
 Do not enter the exam hall hoping to be helped by anyone; thus believe in
you.
 Go to the exam Hall at least 30 minutes before the time for the exam.
 Always make sure your Exam Slip and I.D Card is with you at all times.
 At all times ensure that you have not less than three writing material (Pen or
Bic) in the Hall and a Rule for drawing lines.
 Dress properly while going for the exam to avoid being sent back which may
destabilize you.
 Ensure that you fill the attendance sheet properly.
 Do not rush to answer a question read the scenario thoroughly and underline
important facts for reference.
 Attempt your question 1 and 4 first because each carry 25 marks
(Compulsory).
 Ensure that you don’t mix questions from Section A (i.e. question 1 and
either 2 or 3) with the Answer script of Section B (i.e. question 4 and
either 5 or 6).
 Always refer to the questions indicated in this material to see how the
question was asked for proper understanding.
 Having this study material without reading it is wrong; thus personal effort
must be evident to ensure quality success.
DISCLAIMER: THIS MATERIAL IS JUST A GUIDE TO HELP YOU

STUDY AND PREPARE FOR THE BAR EXAM; IT IS NOT MEANT TO
REPLACE YOUR TEXT BOOKS OR HANDBOOKS
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TABLE OF CONTENT
IMPORTANT TOPICS IN PROFESSIONAL ETHICS………………….4
CHAPTER ONE: History of Legal Profession in Nigeria………………..5-8
CHAPTER TWO: Clients Interview and Counseling……………………….7

CHAPTER THREE: Various Methods of Alternative
Disputes Resolution………………………………………………………....8-10
CHAPTER FOUR: Overview of the Rules of Professional Conduct…..11-16
CHAPTER FIVE: Charging and Recovery of Professional Fees………17-19
CHAPTER SIX: Principles of Drafting………………..………………...20-22
CHAPTER SEVEN: Law Office Management Skills…………………...23-29
CHAPTER EIGHT: Appointment and Discipline of Judicial Officers..30-32
CHAPTER NINE: Interpretations of Statutes and Documents………..33-35
CHAPTER TEN: Contempt Of Court………………..…………………36-37
CHAPTER ELEVEN: Legal Practitioners Account Rules 1964………38-41
CHAPTER TWELVE: Exclusive Rights of Legal Practitioners and

Restriction on the Rights……………………………………………….....42-44
CHAPTER THIRTEEN: Advertising and Soliciting…………………...45-47
CHAPTER FOURTEEN: Controlling Bodies of the

Legal Profession in Nigeria……………………………………………….48-53
CHAPTER FIFTEEN: Discipline of Legal Practitioners……………….54-57
CHAPTER SIXTEEN: Legislative Drafting…………………………….58-61
CHAPTER SEVENTEEN: Important Sample Drafts………………….62-74
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MOST IMPORTANT TOPICS IN PROFESSIONAL ETHICS
One of the most popular quotes in the famous novel ‘Animal Farm’ by George
Orwell is that; “All Animals are equal but some are more equal than
others”.
The above quote is very true when it comes to all courses at the Nigerian Law
School. Therefore, it can rightly be stated that; “All topics are equal, but some
topics are more equal and frequent than others”.
Generally in Criminal Litigation, it is essential for every student to understand

the basics first in order to understand the various topics highlighted in this work.
Based on proper analysis and review of past and present bar final exams
including the popular trends in legal practice, the following topics are very
important in Professional Ethics in their order of preference:
1. DRAFTS: This constitutes at least 40-45% of your success.

2. Law Office Management
3. Discipline of Legal Practitioners
4. Legislative Drafting
5. Duties of Counsel to the Client.
6. Legal Practitioners Accounting Rule
7. Contempt of Court
8. Controlling Bodies of the Legal Profession
9. Charging and Recovery of Professional Fees.
10. Advertisement and Improper Attraction of Business
NOTE: THIS IS NOT TO SAY THAT EVERY OTHER TOPIC IS NOT

IMPORTANT ESPECIALLY FOR STUDENTS WHO DESIRE TO BE THE
BEST. IT IS ADVISABLE THAT AFTER COVERING THE ABOVE
HIGHLIGHTED TOPICS, YOU SHOULD LOOK UP THE OTHER ONES.
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CHAPTER ONE
HISTORY OF THE LEGAL PROFESSION AND REGULATIONS
(This is not an Exam Focus Area except for few points that will be highlighted)
Prior to the establishment of the Nigerian law school in 1962, training of

lawyers was done mainly in the United Kingdom. The history of NLS id divided
into 3 stages or era as follows:
1. 1876-1914…During this period, those called to the Irish Bar and English
Bar is equally qualified to practice law in Nigeria. Order 15 of the 1876
Supreme Court Civil Procedure Rules empowered the Chief Justice of the
Federation to admit anybody who is entitled to practice as barrister or
solicitor in England, Scotland or Ireland and of good character to practice
in Nigeria.
2. 1914-1962…This period saw the era of indigenous lawyers trained in

England and other U.K countries.
3. 1962-Till Date: This is the important era and under this era, the NLS was
established. The following are the obvious deficiencies that led to the
establishment of NLS:
a. A degree was not required, the minimum educational requirement was
GCE or O’ level, therefore some Nigerians who were not graduates
were called to bar.
b. The training did not take into cognizance the peculiarity of the
Nigerian legal system
c. In U.K a person is either trained as a Barrister or a Solicitor but upon
return to Nigeria, the person practices in both capacity
The above deficiencies led to the forming of a committee in 1959 known as the
Unsworth Committee. The committee came up with several recommendations
one of which includes the establishment of the NLS.
These recommendations were adopted and it gave birth to the Council of Legal
Education Act 1962 pursuant to which the NLS was established.
The NLS started with eight students in 1963 at No 213A Igbosere Road Lagos
where it remained until 1966.
Persons Entitled to Practice In Nigeria: (August 2019 Q 1e, Jan 2020 Q 3a)
The following persons can practice in Nigeria:
1. Persons entitled to practice by virtue of their office; e.g. the A.G,
Solicitor General
2. Persons entitled to practice generally; e.g. all legal practitioners enrolled
at the SC
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3. Persons entitled to practice for the purpose of a particular proceeding by
Warrant granted by the Chief Justice of Nigeria. Such a person can only
handle the matter for which the warrant was granted.
Conditions to Qualify for Admission as a Legal Practitioner in Nigeria

1. He satisfies the Benchers that he is of good character
2. He produces a qualifying certificate to the Benchers
(The above two are the conditions for Call to the Bar)
3. He has his name enrolled as a Barrister and Solicitor of the Supreme
Court
4. He has paid his practicing fees.
See S. 4(1) of the LPA
NB: The qualifying certificate for Call is issued by the Council of Legal
Education. See S. 5 of the Legal Education Act
Conditions for enrolment at the Supreme Court are:
A new Wig is expected to immediately or as soon as practicable go to the
Supreme Court for enrolment. The following are conditions for enrolment:
1. That a person has been called to the Bar by the Benchers, and
2. He produces the Certificate of his call to the Bar to the Registrar of the
Supreme Court. See S. 7 (1) of the LPA
Exemption from Attendance of the Nigerian Law School

Under certain circumstances, a person may be entitled to either FULL or
PARTIAL exemption from attending the NLS.
(A) PARTIAL EXEMPTION from Attendance of the Nigerian Law

School (Exemption from Bar Part I)
a. Graduate of Law from Common Law jurisdiction teaching Law in a
Faculty of law in Nigeria for a period of 5 years
b. A graduate of a non-common law jurisdiction who has taught law for 10
years in Faculty of law in Nigeria and above are exempted from the Bar
Part I programme of the Nigerian Law School. See S. 2(a) & (b) of the
Legal Education (Consolidation) Act 1976.
(B) FULL EXEMPTION: Here a person is not to attend the Bar II

programme provided he is:
(a) A Nigerian citizen.
(b) Qualified to be admitted to the Law School.
(c) But lost the opportunity to attend the NLS for reasons beyond his control.
(d) His subjects trained on are the qualifying subjects of the Nigerian Law
School.
(e) He has over the years gathered enough knowledge and experience for a
period not less than five (years) that it will be unreasonable to require him
to attend NLS
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CHAPTER TWO
CLIENT INTERVIEW AND COUNSELLING
This is the process of eliciting relevant facts for the purpose of understanding a
client’s brief and what the client wants.
MODELS OF CLIENT INTERVIEW

There are two main recognized model of client interview for lawyers. They are:
(A.) Avron Sherr Model: divided into three stages of conducting client
interview as follows: ((August 2018 Q 2a, January 2020, Q 4e)
1. Listening
2. Questioning, and
3. Advising
(B.) Chay and Smith seven(7) stages of conducting interview as follows:
1. Preparing
2. Starting the interview
3. Understanding the Client’s concerns
4. Identifying and evaluating solutions
5. Taking instructions
6. Closing and Reflecting
PURPOSE/IMPORTANCE OF CLIENT INTERVIEW (Exam Question)

1. To establish lawyer/client relationship.
2. To understand the clients problem
3. To get the clients instruction
4. To calm the anxiety of the client
5. To enable the lawyer advice the client appropriately
6. To enable the lawyer elicit the facts of the client’s case
7. To enable the lawyer understand the area of law which the clients
problem falls
Venue for Conducting Client interview

The Venue for conducting Client interview is the solicitor’s office. See R. 22 of
the Rules of Professional Conduct 2007 (RPC).
Advising client must be within the bounds of the Law and not boastful
assurances which must also be candid as to the strength and weaknesses of the
client’s matter. See R. 15(3), 14(2) (c) and (e) of the RPC.
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CHAPTER THREE
ALTERNATIVE DISPUTE RESOLUTION (ADR) MECHANISM
During client’s interview, it is mandatory to advise clients when necessary to
explore ADR options before resorting to litigation. See R. 15(3)(d) of the RPC
How introduce ADR to your Client
a. First explain the meaning of ADR and its components,
b. Explain the advantages and disadvantages of each component, and
c. Allow him to make an informed decision
VARIOUS METHODS OF ALTERNATIVE DISPUTES RESOLUTION
ADR simply means Alternative Dispute Resolution. It is the method by which

parties to a dispute reach an amicable resolution of the dispute without the need
to resort to Court or litigation. ADR could be Court connected or non-Court
connected. It is the former when where the matter was already in Court and the
parties agreed on an out of Court settlement while it is the latter where the
parties mutually reach an acceptable agreement without recourse to Court.
The various ADR Procedures are:
1. Negotiation;
2. Mediation;
3. Conciliation
4. Arbitration.
5. Early Neutral Evaluation
6. Hybrids
ADVANTAGES OF ADR
1. It’s cheaper
2. Its faster
3. It promotes reconciliation
4. It encourages friendliness
5. It’s less formal
6. It ensures privacy and confidentiality
7. Ensure parties’ right of choice
8. It reduces the workload of the court
DISADVANTAGES OF ADR (This is invariably the

reasons why Litigation is preferred to ADR)
1. It is a less concrete mode of settlement of disputes

2. Finality of decisions; most of its decisions are not accepted as final.
3. Enforceability of judgment; it is not easy to enforce Judgments/awards
arising for ADR
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4. There is no provision for Appeals rather an aggrieved party may totally
reject the decision.
5. It is not useful in emergency situations which may require urgent need for
the parties to maintain status quo.
6. It has some limitations because not all cases can be resolved by ADR
NEGOTIATION
This entails the parties discussing and agreeing to terms or reaching mutually
acceptable resolution without the aid or intervention of a 3rd party.
Negotiation Strategies include: (August 2017 and 2018 Q No 2)
a. Positional strategy
b. Competitive strategy
c. Win-lose strategy
d. Win-win strategy
e. Cooperative or Problem Solving strategy
Negotiation Tactics Include: (August 2018 and April 2019 Bar Final No 1)
a. Behavioral tactics
b. Take it or leave it
c. Nibble
d. Piecemeal
e. Limited authority
f. Lack of authority
g. Blackmail
h. Contextual manipulation
i. Puffs
j. Threats
k. deadline
MEDIATION
This is a non-binding dispute resolution mechanism involving a neutral and

impartial third (3rd) party who tries to help the disputing parties reach a mutually
agreeable solution. The 3rd party known as the mediator is impartial and does not
take decision for the parties rather he helps and assists in identifying the issues
and interests that need to be resolved.
ENFORECEABILITY OF AGREEMENT MADE DURING MEDIATION

An agreement reached by the parties during mediation is enforceable:
 If the terms of settlement are reduced into writing by the parties and
witnessed by their counsel.
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 The term of settlement will thereafter be filed in court and made the
judgment of the court in form of a consent judgment.
CONCILIATION
This is the process of settling a dispute in an agreeable manner. It is a method by

which a neutral third (3rd) party meets with the parties to a dispute, and explores
how the dispute might be resolved. However, he may deliver his opinion as to
the merit of the dispute in necessary cases.
The conciliator is a neutral person who decides and awards nothing and he is not
bound to observe the strict rules of natural justice.
AREAS NOT SUBJECT TO ADR/ LIMITATION OF ADR (Exam Focus)
The following matters cannot be resolved by ADR:
1. Declaration of status in matrimonial causes

2. Declaration of title to land
3. Interpretation of statutes/ documents
4. Injunctions
5. Grievous criminal offences not compoundable e.g.
murder
6. Enforcement of fundamental human rights
7. Application for judicial review.
8. Election Petition cases
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CHAPTER FOUR
OVERVIEW OF THE RULES OF PROFESSIONAL CONDUCT
The Rules of Professional Conduct for Legal Practitioners, 2007 (RPC), is the
document that contains the norms, ethics and ethos of the legal profession in
Nigeria.
A lawyer must observe these Rules in his endeavors as a Legal Practitioner
failure of which may lead to the clutches of the Legal Practitioner Disciplinary
Committee (LPDC).
For the purpose of your Bar Final Examination and proper understanding of the
Rules, I will divide the rules into Four (4) parts to wit:
1. Duties of Counsel to the Legal Profession
2. Duties of Counsel to his Client
3. Duties of Counsel to his Professional Colleagues
4. Duties of Counsel to the Court
DUTIES OF COUNSEL TO THE PROFESSION

1. General Responsibility: The general responsibility of a lawyer is to:
a. Uphold the Rule of Law
b. Maintain a high standard of professional conduct,
c. Promote the course of justice and
d. Not to engage in conducts unbecoming of a Legal practitioner; Rule 1
RPC
2. A lawyer shall not knowingly admit into the profession anybody who is
unsuitable for admission by reason of his moral character or insufficient
qualification; Rule 2 RPC
RULE 3-Aiding in the unauthorised practice of law; avoid sharing of your

professional fee with a non-lawyer (common in land matters)
RULE 4-Avoidance of Intermediary in the Practice of the Law. A Legal

Practitioner should have a direct communication with the client and avoid the
use of a middle man.
Rule 5-Association for Legal Practice. It made the following prohibitions in

legal practice:
a. Do not practice or partnership with a non-lawyer
b. Avoid practicing law as a corporation or company.
c. Where a partner dies, the partnership may continue to use the name unless
it will cause deceit to the public; (August 2019 Q 2B).
d. However a partner who was elevated to the status of a judicial officer
shall cease from being a partner and the name must be removed from the
partnership.
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RULE 6- Retirement from judicial office: such person cannot practice as a
barrister nor sign any court process
RULE 7- A legal practitioner in active practice cannot practice any other

profession or engage actively in business. Being a shareholder in a company is
an exception to this prohibition.
RULE 8-Lawyers in salaried employment cannot be allowed to represent the

employers.
RULE 9-Payment of practising fees (on or before the 31st of March yearly) and
within 1 month of enrolment for new wigs; Failure to do so will rob the legal
practitioner of the right of audience in court; (January 2020 Q 6a)
RULE 10-A legal practitioner must affix his official Seal and Stamp approved
by the Nigerian Bar Association on all processes he is filing before the Court
and all documents prepared by him. Failure to do so will render use process
defective.
RULE 13-Notification to NBA of law office. Once a lawyer establishes a new
office for the purpose of legal practice, he must (not later than 30 days from
commencement) notify the NBA branch where the office is located. The letter
must state the following:
a. The names and number of lawyers in the firm
b. The date of call to bar of the lawyers and
c. The exact address where the firm is located.
THE LAWYERS DUTIES TO THEIR CLIENTS ARE: (Exam Focus)

1. Dedication and devotion to the cause of a client. See R. 14 of the RPC
2. Representation of clients within the bounds of the law. See R. 15 of
the RPC
3. Representing client with diligence and competence. See R. 16 of the
RPC; Failure to do so, the Lawyer will liable in negligence. See S. 9 of
the Legal Practitioners Act 2004 (LPA).
Exceptions where a Lawyer will not be liable are:
a. Acts done infacie curiae: Anything done in the Court room. See S.
9(3) of the LPA and the case of Rondel v. Worsley
b. Cases handled by a Lawyer without collecting his fees. See S. 9(2) of
the LPA
4. Avoidance of conflict of interest. See R. 17 of the RPC
a. To disclose adverse interest with the subject matter of retainer to
the client
b. Not to take any personal interest in the subject matter of the suit
c. To withdraw from any brief where his personal interest will conflict
or likely conflict with the clients interest.
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5. Agreement with client – Rule 18; Client has freedom of choice of legal
practitioner. A Client may terminate his brief to counsel at any time when
he no longer has confidence in him. A client can change his lawyer
whether for good cause or not.
6. Confidentiality of client’s secrets. See R. 19 of the RPC
Exceptions where clients’ Secrets can be disclosed are: (August 2016 Q 1)
a. The intention of his client to commit a crime and the information
necessary to prevent the crime
b. Where the client consents to such after a full disclosure
c. As required by a Court Order or Law
d. Secrets necessary to collect his fees
e. Secrets necessary to defend himself or employees against actions of
wrongful conducts. See R. 19 (3) of the RPC
7. Duty not to act as witness for his clients. See R. 20 of the RPC
Exceptions where a Lawyer can act as a witness are:
a. The testimony relates solely to an uncounted matter
b. It relates to a matter of formality and no evidence in opposition will be
offered
c. Evidence only as to the nature and value of legal services rendered to a
client, and
d. In any other case if refusal will cause hardship. See R. 20 (2) of the RPC
8. Duty not to withdraw from client’s matter except reasonable notice is
given. See R. 21 of the RPC
Duties of Lawyers to Client upon Withdrawing from Suit
a. Give reasonable notice to the client to enable him procure the services of
another lawyer
b. Give notice to court of withdrawal
c. Refund the fees paid on the matter not earned, and
d. Return all documents written on behalf of the client to other persons to the
client. (but subject to his right of lien on the documents for fees owed)
See R. 21(3) & (4) of the RPC.
e. Duty of secrecy and confidentiality continues despite withdrawal
9. Calling at Client’s House for Brief Rule 22 RPC: A lawyer shall only
accept brief at his law office unless there is special circumstance or reason
preventing the client from coming to his law firm.
Exceptions to R. 22 of the RPC are when the client:
a. is sick
b. In Police custody
c. Extremely old
10.Dealing with client’s property; Rule 23 RPC: a lawyer is expected to
account for all properties or money of the client in his possession and
avoid mixing the client’s money with his personal money. He should pay
such money into the client’s account.
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11.Responsibility For Litigation – Rule 24 RPC
A lawyer has the duty to accept a brief in the court in which the lawyer
practices, subject to payment of proper professional fee otherwise called the
cab-rank rule – Rondell v. Worsley. The rule provides that special
circumstances may justify his refusal, at his discretion to accept a brief e.g.
personal interest, conflicting interest, religious grounds, etc. It is therefore his
duty to undertake defence of a crime regardless of the guilt of the crime except
those of suspicious circumstances e.g. personal interest, non-payment of fees,
etc.
12.Engaging witnesses for clients’ cases and duty to investigate facts. See
R.25 of the RPC
LAWYERS DUTIES TO PROFESSIONAL COLLEAGUES

1. Duty of fellowship and fairness among Lawyers. See R. 26 RPC
2. Duty to observe the order of precedence. See R. 26(2) RPC. Note: For
those entitled to practice generally, seniority is based on the date of
first enrollment. See S. 8(4) Legal Practitioners Act
3. Duty not to encroach on the employment of another. See R.27 RPC
4. Duty to observe all undertaken given to a professional colleague
whether it is in writing or not. See R. 27(2) RPC
5. Fairness to other Lawyers, as such not to take undue advantage of
them predicaments of the opposing Lawyer. See R. 27(2)( c) RPC
6. Duty to associate in a matter except it is objectionable to any; R. 28
RPC
7. Duty not to communicate with clients or witnesses of another Lawyer
on the case on which he is retained. See R. 27 (5) and R. 17 (4) and
(5) RPC.
Exceptions where he can communicate with the adverse clients or witnesses

are:
a. The other Lawyer consents
b. Where the other Lawyer fails to reply to letters, and after warning him,
he may write directly to the client
c. To investigate client’s matter by interviewing prospective witnesses
but not to secret the witness under R. 25 of the RPC
d. To interview witness for the opposing side in a criminal matter without
the consent of the adverse party.
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CHANGE OF COUNSEL Rule 29 RPC (Exam focus not just for Ethics)
A client is at liberty to change his counsel at any time. However, upon change of
counsel, the new counsel owes the old counsel some obligation.
These obligations are:
a. To give notice of the change to formal lawyer.
b. Ensure that earned fee is paid to former lawyer and
c. Both lawyers must notify the court of the change either by a letter or by
motion on notice.
LAWYERS’ DUTIES TO THE COURT, STATE AND PROFESSION
DUTY TO THE COURT

1. He is an officer of the Court and to observe the Rule of Law. See R. 30
and 1 of the RPC.
2. Duty of punctuality. A lawyer should be in court at least 30 minutes
before the court sits
3. Duty to conduct his case in logical sequence thereby assisting the court to
follow the case with ease.
4. Duty to be fully prepared to go on with his case and not seek unnecessary
adjournment thereby wasting the time of the court.
5. Duty to know and apply the correct mode of addressing a judge and
professional colleagues
6. Duty to treat the Court with dignity and honour. See R. 31 of the RPC
7. Duty to be candid and fair in dealing with the Courts.
8. Duty to comply with any undertaken given to him by the Court. See R.
31(3) of the RPC; Adewunmi v. Plastex Ltd
9. Duty not to cite wrong or outdated legal authorities. See R. 33 of the RPC
10. Duty not to make extra-judicial statement to prejudice or interfere with a
fair trial. See R. 33 of the RPC.
11.Duty not to relate with the Judge in order to seek favour from him. See R.
34 of the RPC
12. Duty to observe Court room decorum as follows:
a. Stand when been addressed by the Judge or addressing the Judge.
b. Be properly dressed
c. Not to engage in banter arguments or controversy with the opposing
Lawyer. See R. 36 of the RPC
13.To use his robes in appearing before superior Courts except with the
Court’s permission that he can appear unrobed. See R. 45 (1) of the RPC
A Lawyer is not to use the robes in the following cases: (August 2019 Q 1a)
1. In any place other than in Court
2. When conducting his own case
3. When giving evidence in a legal proceedings in Court See R. 45(2) of the
RPC
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However, he may use his robes in the following places not been a Court
room:
1. Opening of the Legal year
2. Lying in state of serving judicial officers
3. Law school dinners
4. Call to Bar ceremony
DUTY TO THE PROFESSION

1. Duty to prevent the admission of unfit and unqualified persons into the
Legal profession. See R. 2 of the RPC.
2. Duty not to aid the unauthorized practice of Law as follows:
a. Not to involve persons not qualified to practice the Law
b. Not to share legal fees with non-lawyers
c. Not to allow his professional services or name to be used in aid of
an unauthorized practice. See R. 3(a) (b)(c) of the RPC.
3. Duty not to use a name that suggests that he is practicing as a partnership
if his practice is alone, e.g. Enejo & Co while the Law office is operated
as a sole practitionership.
4. Duty not to associate in a matter if he is not competent to handle it. See R.
16(a) and 28 of the RPC
DUTY OF THE COURTS TO COUNSEL

1. Right of audience. See S. 36(6) (c ) CFRN; Uzodimma v COP
2. Allow Counsel to conduct his case without interference. See Uso v.
COP and Okoduwa v. State
Implications of Non-Compliance with the above Duties are:

It is a professional misconduct. See R. 55 of the RPC. He may face discipline
before the Legal Practitioners Disciplinary Committee (LPDC). See S. 11 of the
LPA. The LPDC may give directions that his name is struck off the Roll,
admonished, suspended from practice or ordered to refund clients’ properties in
his possession.
CHAPTER FIVE
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CHARGING OF PROFESSIONAL FEES
VARIOUS FEES A LEGAL PRACTITIONER CAN CHARGE
TYPES OF FEES
1. SCALE FEE
These are fees charged under Scales I and II Legal Practitioner
(Remuneration for documentation and other land matters) order in non-
contentious matters. Fees here are fixed and can neither be disputed nor
varied by the court.
2. FIXED FEE
This is fee charged for specified class of works, such as writing letters,
writing a will, incorporation of business entities. Fixed fee is charged for
simple non-contentious works and is usually a flat rate. Usual in terms of
CAC briefs
3. HOURLY RATE FEE
This is fee charged on hourly rate for the number of hours spent on the
client’s work. The time spent must be commensurate and reasonable to
the work done (used in the USA).
4. PERCENTAGE FEE
This is fee charged based on the value of the transaction, the higher the
value the more the percentage charged and the lower the value the lower
the percentage charged. It is common in property transactions especially
the sale of land.
5. APPEARANCE FEE
This is fee charged for each appearance in court to represent a client. The
distance of the law firm from the court as well as the standing of the legal
practitioner at the Bar often determines the fee charged as appearance fee.
Okonedo Egbaregbemi v. Julius Berger. Common in law firms in rural
areas. The legality of appearance fees has been an issue due to the way
cases are adjourned in Nigeria (judge not sitting).
6. CONTINGENT OR SUCCESS–BASED FEE
This is fee charged after the success of the action. The solicitor agrees
with the client on the amount he will be paid based on the amount they
actually recover. Where no such amount is recovered, he may earn
nothing. Under the common law, contingent fees are prohibited, whereas
it is banned under Rule 50(2) RPC for criminal matters. It is only
permitted in civil cases -R. 50(1) RPC
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Pro bono means legal services rendered with no professional fees collected but
only cost paid by the client.
RETAINERSHIP: This is the various ways in which a client may engage a

legal practitioner. It may be for a specific legal work (Special Retainer) or for all
legal works (General retainer).
1. SPECIAL RETAINER: This means a Lawyer is engaged on a particular

matter of a client. The implication or effect is that the Lawyer can only
represent adverse clients on other matters not related to the special
retainer.
NOTE THAT: After the special retainer the lawyer can represent other
persons against the client in the retainer unless it relates to the same
matter or issues for which he acted for the client with the special retainer.
2. GENERAL RETAINER: This means the Legal Practitioner represents a

client on all his matters. Usually, he may paid monthly or annually or
even per work done. The implication is that the Legal Practitioner cannot
represent adverse parties against the interest of his client who is paying
the general retainer; Onigbongbo Community v Minister of Lagos
Affairs; See R. 49 of the RPC.
Procedure for the Recovery of Professional Fees (Exam Focus)

Where a client fails or refuses to pay a legal practitioner’s fee after a legal work,
he is entitled to recover same. The procedure for doing so is as follows:
1. Prepare a Bill of Charges and deliver the signed Bill of charges to the
client
2. Wait for a period of one month from the date of service of the Bill
3. If after 1 month the client failed to pay, sue to recover fees in court; See
S. 16(2) and S. 17(1) of the LPA. See also Oyekanmi v. NEPA
The court having jurisdiction is the HIGH COURT. (see August 2019 Q 1f)
BILL OF CHARGES: This is detailed information on the nature of work done

by a legal practitioner for the client with the fees charged for each work done.
CONTENT OF A BILL OF CHARGES

1. The name and address of the Legal Practitioner
2. The name and address of the Client
3. Nature of the brief
4. Date of all principal items
5. Particulars of principal items and cost
6. Method of payment and the information that failure to pay, legal action
will be taken against him.
18
Signature, date and name of the Legal Practitioner; See FBN v. Ndoma-Egba
and Oyekanmi v. NEPA; S. 16(2)(a) LPA
TAXATION OF BILL OF CHARGES (MCQ)

Where a client is not satisfied with the bill of charges served on him by a legal
practitioner, he may apply within 1 month of receipt of the Bill to the Court for
it to be taxed. It is taxed by an officer of the Court based on R. 52 of RPC. See
S. 17 and 19 of the LPA.
Status of a Bill of Charges with Insufficient Particulars

Where a bill of charges does not contain sufficient particulars of the items of
work done, but there are circumstance which make the bill litigable despite the
defect, the Bill of charges may still ground an action for recovery of professional
charges; Bakare v. Okenla, unless it is so defective that it is incurable bad. See
FBN v. Ndoma-Egba
Rights of a Client against a Bill of Charges:

1. Apply for a better particulars
2. Raise objection as to the insufficiency of the Bill or
3. Apply for the taxation of the Bill Oyekanmi v. NEPA
FACTORS TO BE CONSIDERED IN CHARGING FEES

1. The time and complexity of the matter
2. Inability to be engaged by others matter
3. The value or importance of the matter to the client.
4. The consistency of the retainer, if a one-off client.
5. Status of the client
6. Status of the lawyer
7. Amount of money involved in the suit or controversy
8. Contingency and certainty of the compensation
9. Novelty and difficulty of the matter
10.Place and circumstance in which the business or a part thereof is to be
conducted; See R. 52 of the RPC
19
CHAPTER SIX
PRINCIPLES OF DRAFTING
Drafting is communication in a permanent form. Words written must match the

client’s instructions.
Aims of Legal Drafting are:
The aim or essence of every legal drafting is to ensure:
1. Conciseness
2. Comprehensibility
3. Clarity
Fundamental Rules of Legal drafting

Every legal should ensure that:
1. It is accurate by covering the client’s instructions.
2. It is Complete, precise and clear.
3. It conforms with contemporary
4. Short and simple
Stages of Legal Drafting are:

1. Receiving and Understanding the client’s instructions
2. Analyzing the instruction
3. Designing the draft
4. Composing the draft
5. Scrutinizing the draft
Types of Paragraphing Techniques are:

1. Two layered text which is divided into
a. Introductory statement, and
b. Numbered paragraphs
2. Three layered text which is divided into:
a. Introductory statement
b. Independent paragraphs, and
c. Concluding statement
Draftsman’s Habits to Avoid are:

1. Long and uncommon words
2. Intricate expressions
3. Verbose style
4. Archaic words.
20
MEANING OF SOME WORDS AND CONSISTENCY IN LANGUAGE
1. Will /shall means obligatory
2. May means it is discretional. See Bamaiyi v. A.G Federation & 3 Ors
To avoid ambiguity, a better draft will be ‘…may, in his discretion…’
3. And means it is conjunctive. A better draft to avoid ambiguity is ‘Both…
and…’
4. Or means it is disjunctive. A better draft is ‘Either… or…’
5. The use of ‘means’ in definition clause delimits or narrow definition.
While the use of ‘include’ in a definition clause extends the definition.
6. The use of the phrase ‘without affecting the generality of the foregoing’,
is to exclude the application of the ejusdem generis rule.
LETTER WRITING
Note the effect of the following words when inserted in a letter or document
(Exams August 2016, August 2018 Q 2d)
1. Subject to contract (especially when negotiating agreements)
Effect: the document or agreement is not binding until a formal contract
is reached by the parties. See Tejumola & sons v. UBA
2. Without prejudice (used when negotiating to settle disputes).
Effect: the document is not admissible in court against the maker. See S.
196 Evidence Act 2011; Ashibuogu v A.G Bendel State
TYPES OF LETTERS
Official or formal letters are our concern here. Examples are:
1. Letter of demand (January 2020 Q 4b)
2. Letter of information to the client
3. Application letter
4. Status Letter
5. Request letter
6. Opinion letter
7. Confirmation letter (August 2019 Q 2c, January 2020 Q 4a)
8. Pre-action Notices etc.
You May Be Asked To Draft any One Or More of the above Letters
(student are always asked to draft letter in almost every Bar Final LIP)
21
MEMORANDUM
It is an in-house official correspondence used by a company, institution etc.
Format of a Memorandum
1. Use letter head
2. Title: Internal Memorandum
3. From:
4. To:
5. Date
6. Subject:
7. Body of the Memo
8. Signature and designation of the writer
Check the sample draft page to see some of the above drafts.
22
CHAPTER SEVEN
LAW OFFICE MANAGEMENT SKILLS
Questions are always coming from this topic in the bar final. Therefore students
are advised to pay attention to those salient areas that will be highlighted.
REASONS FOR SETTING UP A LAW FIRM

Legal practitioners set up law firms for the following reasons:
1. Need for independence
2. Self-esteem (pride of ownership)
3. To make more profit
4. Job creation
5. Lack of paid employment; (to be self-employed)
6. Collection of higher professional fees
7. Realization of ambition or dream.
8. To comply with Rule22 RPC (calling at client’s house)
QUALITIES OF A GOOD LAWYER

A good lawyer should possess the following qualities:
1. Honesty
2. Hardworking
3. Sound knowledge of the law
4. Time management
5. Interpersonal skills
6. Possesses a good communication skills
7. Legal skills
8. Good entrepreneur skills
LEGAL SKILLS REQUIRED BY A LAWYER ARE:

1. Interviewing skills
2. Advocacy skills
3. Drafting skills
4. ADR skills
5. Communication Skills
6. Law office management skills
7. Research skills
8. Listening skills
9. ICT skill
10.Testimony Analysis skill
11.Cross Examination skill
23
CLASSIFICATION OF LAW OFFICES
Law offices are classified into 3:
1. Small
2. Medium
3. Large
The factors that determine the classification law offices as stated above
include:
i. Location
ii. Status of Clients/ Client-Base
iii. Number of Lawyers
iv. Status of Lawyer
v. Facilities
SOME OF THESE FACTORS ARE ANALYZED BELOW:

1. Location: Based on location, law offices are classified into:
a. Urban and
b. Rural law office
2. Client-base: Based on economic, social and political influence of the
client.
3. Status of the lawyer: Based on the status of a Lawyer, they are classified
into:
a. SAN law office
b. Non- SAN law office
4. Size of the law office. Based on this factor, they are classified into:
a. Small law office: it occupies a room or two with 1-4 Lawyers
b. Medium law office having between 5-9 lawyers
c. Large law office with 10m and above fee earners
5. Facilities based on this they are classified into:
a. Modern law office
b. Traditional law office
TYPES OF LEGAL PRACTICE ARE: (Exam focus; April 2018 Q 1ii,

August 2018 Q 3di, 2019 Q 2b, Jan Q 6c, Dec 2020 Q1a)
1. SOLE PRACTITIONERSHIP. This means there is one legal
practitioner as the owner of the business with only support staff. The only
advantage to this is that he takes the profit and glory of his success alone.
However, there are a lot of disadvantages to this kind of practice e.g. upon
his death, the practice is gone and he also suffers professional isolation.
2. SOLE PROPRIETORSHIP. Here, there is one Legal Practitioner as the

owner employing other legal practitioners and pays them salary. He also
employs support staffers who help in running the firm. Although he is the
ultimate decision maker who takes the full credit of the practice, he does
not suffer professional isolation and there is division of labour.
24
3. ASSOCIATESHIP: Here two or more legal practitioners come together
to establish the firm contributing to its establishment and running but they
do not share profits like a partnership does. Each person engage on his or
independent practice having different clients. One of the obvious
disadvantages of this is that there is high rate of jealousy among the
Associates and secondly it may not be easy to keep up with the Associates
goals/contribution.
4. PARTNERSHIP: This is where two or more lawyers pull resources

together to establish and run a law firm and share the profits together: it
has the following advantages/disadvantages:
ADVANTAGES OF PARTNERSHIP (April 2018 Q 1ii, August 2018 Q 3di,

2019 Q 2b, Dec 2020 Q 1b)
i. Sharing of financial responsibility
ii. No professional isolation
iii. High quality decisions
iv. Sharing of profits and losses
v. Room for specialisation
vi. Easier to get clients because of professional competence of more people
involved
vii. Easier to raise capital to set up.
viii. Division of labour
DISADVANTAGES OF PARTNERSHIP
i. In law, each partner is an agent of the other partners. Each partner is liable
for the act of another done within the partnership business-United Bank
of Kuwait v. Hammond
ii. Fraudulent act of one partner may taint the reputation of other partners
iii. There may be mistrust among the partners which may hamper the success
of the firm
iv. Slow decision making.
Factors To Be Considered In Finding/ Locating/Siting A Law Office

Premises Are:
1. The location and proximity to the Court
2. Serene and neat environment
3. Accessibility to clients
4. Availability of electricity
5. Cost of office accommodation
25
HOW TO FIND THE LAW OFFICE PREMISES ARE BY: (EXAMS)
1. Personal scouting
2. Use of Estate Agents
3. Contact friends and colleagues
4. Placement of Adverts in journals and paper
5. Looking up adverts
HOW TO GET SUPPORT STAFF (August 2019 Q 1d)

1. Personal scouting
2. Use of Employment Agents
3. Recommendation from friends and colleagues
4. Recommendation from existing members of the staff
5. Placement of vacancy adverts in journals and paper
TYPES OF LAW OFFICE PREMISES ARE: (EXAMS)

1. Purpose built office
2. Office at home
3. Existing building
DISCIPLINARY AND GRIEVANCE PROCEDURE

1. Verbal warning
2. Formal written warning
3. Final written warning
4. Dismissal from employment for gross misconduct
MANAGEMENT OF LAW OFFICE

A law office may be managed by:
1. Management by a committee of partners
2. Management by all the partners
3. Management by a sole partner
4. Management by a sole owner
5. Management by associate
6. Management by an expert
MANAGEMENT FUNCTIONS
1. Planning
2. Organizing
3. Coordinating
4. Controlling
5. Evaluating
26
TYPE OF PLANNING
1. Short term
2. Medium term
3. Long term
TYPES OF OFFICE EQUIPMENT (August 2018 Q 3dii, Jan 2020 Q 2c)

1. Photocopier
2. Scanner
3. Computer
4. Printer
5. Typewriter
6. Telex machine
7. Duplicating machine
8. Paper shredder
9. Paper binder
10.Answering machine
11.Telephone
12.Photocopying machine
13.Rubber stamp
14.Scanner
15.Stapler
16.Fax machine
TYPES OF LAW OFFICE MACHINES ARE: (MCQ)

1. Vehicle
2. Generator set
LAW OFFICE RECORDS

1. Office manual
2. Staff Register
3. Referral Register
4. Master File Register
5. Visitors’ Book
6. In-coming and Out-going Correspondence Registers
7. In-coming and Out-going Telephone Call Book
8. Equipment and Machine Register
9. Books and Periodicals Register
10.Closed file Register
11.Internal Telephone Directory
27
Office Manual Contains Office Regulations On Issues Like:
1. Resumption and closing time
2. Overtime work
3. Work leave
4. Confidentiality of clients matters
5. Attendance register
6. Working hours
7. Holidays
8. Confidentiality of work
9. Salary advancement
10.Bonus provision
11.Assignment of staff ETC.
LAW OFFICE LAYOUT (MCQ)

1. Reception room
2. Practitioner’s room
3. Support staff room
4. Library
5. Conveniences
6. Rest room
7. Conference room
INFORMATION COMMUNICATION TECHNOLOGY IN LAW

OFFICE MANAGEMENT (April 2018 Q 1iv, August 2018 Q 3diii)
Relevance of ICT in the Legal Profession (EXAM FOCUS)

1. It saves time (it makes connection for communication with client faster)
2. Saves relative cost of manual activities
3. It cuts across all the sections of the profession like case management,
justice delivery, ADR, Legal education etc.
4. It saves space (in terms of storage of materials)
5. It is easily assessable ( assessable on the go)
6. It simplifies research process (research can be done in the comfort of
one’s bed )
28
Necessary ICT Facilities Software Programmes are (EXAMS)
1. Computer and accessory used to type and store information on case
management in law offices, Courts etc.
2. Microsoft office word
3. Internet facilities for research and other online programmes
4. Spread sheet to be used to keep accounts and inventories in the Law
Office management
5. Electronic dairy to record future activities or cases to handle for clients
6. Scanners used to duplicate documents
7. Photocopying Machines.
Challenges in the Effective use of ICT Facilities in the Legal Profession are:
(VERY POPUPLARLY ASKED IN EXAM)
1. ICT illiteracy amongst legal practitioners
2. Electricity supply problem
3. High cost of ICT facilities
4. ICT and cyber-crimes are in the increase
5. Lack of on-line filing of documents
6. Virus crashing system software programmes etc.
SOLUTIONS TO THE PROBLEMS ICT

1. Have a standby generator.
2. Training of lawyers and support staff in the use of ICT
3. Use strong securities, passwords and firewalls to protect your systems and
also back up your files using hard drives.
4. Use of effective anti-virus software.
29
CHAPTER EIGHT
APPOINTMENT AND DISCIPLINE OF JUDICIAL OFFICERS
Meaning of Judicial officers

They are holders of judicial offices that preside over superior Courts of Records.
See section 318 of the 1999 Constitution as amended.
Qualification for Appointment of Judicial Officers (Dec 2020 Q 3bi)

1. High Court Judge: must be at least;
a. 10 years post-call
b. Unquestionable character
c. Cogent experience in legal practice as a Law officer or private legal
practitioner.
The above criteria apply to the National Industrial Court. See section 250(3),
256 (3) and 271(3) of the 1999 Constitution as amended
2. Kadis of the Sharia Court of Appeal
a. 10 years post-call and a qualification in Islamic Law
b. Or a non-Lawyer with 10 years’ experience in Islamic Law. See
section 261(3) (a)(b) of the Constitution.
3. Judge of the Customary Court of Appeal
a. 10 years post-call experience in customary Law practice. See S. 266(3)
and 281(3) of the Constitution.
4. Justice of the Court of Appeal
a. 12 years post-call experience. See s. 238(3) of the Constitution
5. Supreme Court: At least 15 years post-call experience. See 213(3) of the
199 Constitution.
APPOINTMENT OF JUDICIAL OFFICERS

1. Judges of the State High Court: They are appointed by the governor on
the recommendation of the National Judicial Council and if it the Chief
Judge of the State, there will be confirmation by the State House of
Assembly.
2. Judges of the Federal High Court/High Court of the FCT, Abuja:
they are appointed by the President on the recommendation of the NJC
and if it is the Chief Judge then confirmation by the Senate.
3. Justices of the Supreme Court and Court of Appeal: They are
appointed by the President on the recommendation of the NJC. For the
President of the COA, and all the Justices of the Supreme Court, there
must be confirmation by the Senate.
30
NJC PROCEDURAL GUIDELINE STEPS FOR APPOINTMENT OF
JUDICIAL OFFICERS
1. A request is made to the State Governor by the Chairman of the State
Judicial Service Commission seeking the consent of the Governor to
Appoint a specific number of Judges
2. Then the Chief Judge of the State will call for nomination of suitable
candidates from judicial officers and applications
3. The candidates will be short-listed and their names will be sent to all
judicial officers and NBA for their consent/ Report
4. Candidates will be screened based on the report and successful ones given
NJC Form A to fill
5. The State Judicial Service Commission will sit to recommend some
candidates and send the names to the National Judicial Council (NJC)
with copies of the minutes of the meeting and the Recommendations
6. The NJC will also send the recommended names to the Governor (or
President if it is an appointment in the FCT) for appointment.
Organs Responsible For the Appointment of Judicial Officers

1. State Judicial Service Commission(SJSC)
2. Federal Judicial Service Commission
3. Judicial Service Committee of the FCT
4. National Judicial Council
5. President of the Federal Republic of Nigeria
6. The Governor of a State
See s. 153 of the Constitution and Rules 2, 3, 4, 5 & 6 0f the Revised
National Judicial Council Guidelines & Procedural Rules.
31
DISCIPLINE OF JUDICIAL OFFICERS
The disciplinary measures include any of the following:
1. Removal from office
2. Suspension from office
NJC only have the power to suspend a judicial officer and not to remove them. It
could also recommend the removal of a judicial officer.
REMOVAL OF JUDICIAL OFFICERS

1. The President removes Heads of Federal Courts (Chief Justice of Nigeria,
President of the Court of Appeal, Chief judge of the FHC/FCT, Grand
Kadi of Sharia Court of Appeal, President of the Customary Court, etc.)
acting on an address supported by 2/3 majority of the Senate. In respect to
other judicial officers of the Federal Courts, the President removes them
acting on the recommendation of the NJC. See s. 292 of the 1999
Constitution amended.
2. The Governor removes Heads of State Courts (Chief Judge, Grand Kadi
etc.) acting on an address supported by two-third majority of the House of
Assembly. In respect to other judicial officers in the State, he removes
them on the recommendation of the NJC. See also section 292 of the
1999 Constitution.
Grounds for the Removal of Judicial Officers

1. Infirmity of the mind or body
2. Misconduct
3. Contravention of the Code of Conduct for Judicial Offices
4. Inability to perform the functions of his office.
Options Open to a Legal Practitioner against a Judicial Officer

An aggrieved lawyer dissatisfied with the conduct of a judicial officer is
prohibited from attacking the person of the judge. The following options are
available to him:
1. Apply to the judge to disqualify himself
2. Apply to the Chief Judge to transfer the case to another judge
3. Apply to the NJC by way of complaint for disciplinary action
Procedure for Laying Complaints against a Judicial Officer
1. Write a compliant addressed to the NJC
2. The officer in question will be notified in writing and given time to react
to the allegation.
3. If the allegation is proved, the NJC may:
a. Suspend him or
b. Recommend his removal to the President/ Governor
Organs Responsible for the Removal of Judicial Officers:
They are the same as those responsible for their appointment. That is the NJC,
The President and the Senate or House of Assembly at State level.
32
CHAPTER NINE
INTERPRETATIONS OF STATUTES AND DOCUMENTS
(Not an Exam focus area)
The Purpose of Interpretation is to Resolve:

1. Ambiguity ( having more than one meaning)
2. Intricacies
3. Uncertainty
4. Absurdity; and
5. Vagueness
It is the duty of the Courts to interpret and get the true meanings of words used
in documents/ statutes.
Aids in the interpretation of Statutes are divided into two

1. External aids
2. Internal aids
The Internal Aids are:

1. Punctuations
2. Interpretation section of the statute
3. Long title of statute
4. Marginal notes
5. Preambles
6. Provisos
7. Schedules
8. Short tile
9. Definition section
External aids are:

1. Law dictionary
2. English dictionary
3. Other related statutes
4. Official debates of the Legislature
5. Government policy
6. Judicial precedents
7. Interpretation Act
33
RULES OR CANONS OF INTERPRETATION
1. The Literal Rule: It is the primary rule of interpretation which insists that
words used must be given their literal meaning if they are clear and
unambiguous. The disadvantage of it is that it may result to hardship/
injustice in its application. See Akintola v. Adegbenro; Awolowo v.
Shagari
2. The Golden Rule: It is used when words are ambiguous or its application
literally will cause a repugnant result/ injury. Under this, the Courts will
vary or modify the literal meaning to avoid a repugnant effect. See R v.
Baganza; Becks v. Smith
3. Mischief Rule (the rule in Heydon’s case.): It is used when words are
unclear by considering the history of the intention of the legislature and
the mischief (wrong) it was meant to address in order to give effect to it.
The Courts will interpret the mischief to advance the remedy. See
Haydon’s Case; Smith v. Hughes and Savanah Bank v. Ajilo
4. Ejusdem Generis Rule: Here where specific words /things of a class are
followed by general words, the general words must be interpreted in the
class of the listed specific words. See an example 390((3) of the Criminal
Code. Buhari v. Yesufu; Ojukwu v. Obasanjo
Exclusion of the ejusdem generis rule may be done using:

a) ‘Without prejudice to the provisions of section 10 of this Act…
This means that both section 10 and this section are to run
concurrently.
b) ‘Including but not limited to, a judge means…’ This means the
meaning of a judge is not to be limited to the one provided for
by the section.
c) ‘Notwithstanding the provisions of section 10…’ It means
section 10 will not affect the current section as it supersedes
section 10.
5. Expression uniusest exclusion alterius: This means the express mention
of one thing is the exclusion of all others not mentioned. See A.G Bendel
State v. Aideyan
6. Lex non logit ad impossibilia: This means the Law should not be
interpreted to cause hardship or that the Law does not compel the doing of
impossibilities. Statutes should not be construed to command what is
impossible. See Ohuka v. State
34
7. Blue Pencil rule (the doctrine of severance): Under this, where a part of
a statute/ contract is void or unenforceable and other provisions are valid,
the Court will allow the parties to severe or delete the unenforceable part.
See A.G Ondo State v. A.G Federation
Commencement Dates in Statutes and Agreements and their Implications:

(April 2019 Re-sit Exam No 1)
1. To start ‘ON’: it means the day mentioned is inclusive in its calculation.
2. To start ‘FROM’….it means the date mentioned is excluded in the

computation of time.
3. To start ‘AFTER’…means that the mentioned date is excluded and you
start counting from the next day.
4. To start by ‘BY’….the named date is inclusive in the computation of time
5. To start ‘WITHIN’….this is ambiguous and usually confusing, it is
therefore better to use an exact date. However, it may be construed as
being exclusive or at the discretion of the court.
6. To start ‘BEFORE’….the named date is included.
CHAPTER TEN
35
CONTEMPT OF COURT
(Exam; April 2019 Q 2a-c, August 2019 Q 6d&e, January 2020 Q2e & 4d)
Contempt of court is any willful act or omission capable of bringing judicial
authority into disrepute or the obstruction of administration of justice or a
disobedience of a court order.
TYPES OF CONTEMPT:
1. Criminal contempt
2. Civil contempt (only disobedience of Court Order/ judgment).
CRIMINAL CONTEMPT
Criminal contempt is any attack on the person of the judge or any obstruction of
the flow of justice or conducts likely to forestall proceedings before the court.
It may include the Following;
1. Calling a judge a liar
2. frivolous allegations of partiality against the judge
3. Outrageous or scandalous behavior or language which insults the
Court or Judge, and these may be contained in Court processes.
4. Publications in Newspaper attacking a Judge in pending or
contemplated proceedings. See Agbachom v. State, R v. Thomas
Jackson; Anieweta v. State
NOTE: Where any of the above may not constitute contempt of Court is when it
is a fair, civil and accurate criticism of a Judge. See Okoduwa v. State
NB: Proof of criminal contempt is beyond reasonable doubt.
Form of Criminal Contempt:

Every contempt may either committed ex facie curiae (outside the court) or in
facie curiae (in the face of the court).
PROCEDURE for Punishment of Criminal Contempt

It depends on whether the alleged contempt was committed in facie curiae or ex
facie curiae.
Contempt in facie curiae: If the contempt was committed in facie curiae,
the court may punish the contemnor as follows:
1. Try him summarily and sentence him accordingly.
2. Order the contemnor to enter the dock and show cause why he should not
be committed to prison.
3. The Judge may forgive and admonish the contemnor if he purges himself
of the contempt.
4. The judge may report him to the LPDC for disciplinary action.
36
Contempt ex facie curiae: if the act occurred outside the court, the following
steps will be followed to punish the contemnor:
1. The Judge will report to the Attorney General who will arraign the
contemnor before another Court i.e. a High Court.
2. Contemnor can be arrested, charged and arraigned. See Boyo v. A. G Mid-
Western State.
NOTE: in the course of a trial for contempt:
i. The principles of fair hearing as enshrined in the Constitution are to be
observed.
ii. The contemnor is to be put in the dock and not in the witness box;
Agbachom v. State; Dawodu v. State.
iii. The Judge that was personally attacked or before whom the contempt was
committed should not try the contempt; See Awobokun v. Adeyemi
CIVIL CONTEMPT
This is disobedience to Court Order or Judgment. See Afe-Babalola v.
FEDECO
PROCEDURE FOR CIVIL CONTEMPT: August 2016 No 3, April 2019

No 4
1. File and serve Form 48-Notice of Consequences of Disobedience to
Court Order of the Sherriff and Civil Processes Act as a warning to the
contemnor
2. The contemnor is to respond within 2 clear days.
3. Failure of the contemnor to comply, file and serve him Form 49–‘Notice
to Show Cause why an Order of attachment should not be made’
4. If he is still in default to comply or show cause for the disobedience, a
bench warrant will be issued for his arrest.
5. The contemnor is to be kept in prison until he faces trial and bail only
granted by the Court whose order or judgment was disobeyed.
PUNISHMENT FOR CONTEMPT

1. Civil contempt is punished with 6 months imprisonment. See Afebabalola
v. FEDECO &Anor.
2. Criminal contempt is punished with a maximum of 3 months
imprisonment. See Okoma v. Udoh
3. Order to be kept in prison until he purges himself of the contempt. See
Ikabala v. Ojosipe
4. Fines
5. Ordered to enter into security bond to be of good behavior.
37
CHAPTER ELEVEN
LEGAL PRACTITIONERS ACCOUNT RULES 1964
ACCOUNT TO BE KEPT BY A LEGAL PRACTITIONER

Every legal practitioner is expected to keep some accounts. These accounts
are: (April 2018 Q 4b, August 2018 Q 3a, January 2020 Q 2b)
1. Client’s account
2. Trust account
3. Personal Account
SOURCES OF CLIENT’S MONEY

1. Conveyancing work
2. Agency work
3. Investment management
4. (Fee on account)
5. Executorship and trust
6. Litigation
7. Negotiation for compensation
CLIENTS’ ACCOUNTS
The general rule is that all clients’ money are to be paid into clients account
immediately and without delay. See R. 3 and 6 of the Legal Practitioners
Account Rules 1964 (LPAR).
Circumstances Where a Lawyer may withdraw from Clients’ Account:

1. To make payments on behalf of clients
2. To reimburse the Legal practitioner on the client’s instruction
3. To carry out client’s instruction
4. To pay solicitor’s costs. See R.7 (a) of LPA (See Dec 2020 Q 6d)
NOTE: the money should be withdrawn:

1. By a cheque drawn in favour of the legal practitioner or persons approved
by the client.
2. A transfer to a Bank account in the name of the legal practitioner not
being a client account. See R. 8(1) of the LPAR
Circumstances when Client’s Money May not be paid into Clients Account
are: (December 2020 re-sit Q 6e)
1. Where a client expressly says so
2. The legal practitioner is reimbursed by the client
3. Money received is for the cost of work done
4. Cheque or draft is endorsed to a client or a third party
5. The money is paid into the client’s personal account See R. 9(1) & (2) of
LPAR
38
The Money Allowed to be paid into Trust Account is:
1. Trust money
2. Money used to open or maintain the account
3. Money to replace what was withdrawn; See R. 2 of LPAR
INSPECTION AND ENFORCEMENT OF ACCOUNT RULES

It is enforced by the General Council of the Bar. See R. 21 of LPAR
The Bar Council is to call for the legal practitioner’s book of account:
1. On its own
2. On a written statement sent by a branch of NBA
3. On a written complaint by a third party. See R. 22 of LPAR
Books to be inspected by the Bar Council are:

1. Books of account
2. Vouchers
3. Statements of account
4. Loose leaf bank statement
It is inspected by either an accountant employed by the Council or Lawyer.
Penalties for Failure to Keep the Account:

1. It will form a ground for inspection by the Bar Council
2. The legal practitioner will not be conferred the rank of SAN
3. He may be reported to LPDC for misappropriation of client’s money.
BOOKS OF ACCOUNTS to be kept by a Legal Practitioner are: (Exam

point August 2018 Q3)
1. Cash book account
2. Ledger Account
3. Journal
4. Record of bills of cost and notices
A. CASH BOOK
It is the record of the day to income and expenditure of the legal practitioner.
It is usually divided into 4 columns. The 4 columns comprises of the date,
particulars, debit and credit.
Rules of Entry in Cash Book:

In the ledger account;
a. All monies spent is recorded on the Credit Column (CR)
b. While all money received is recorded on the Debit Column (DR)
39
See Sample Cashbook: (Students are always asked in all Ethics Exam to prepare
Cashbook or Ledger)
AHMED YISA’S CASH BOOK ACCOUNT
Date Particulars Debit(DR Credit (CR)
2/11/2010 Capital 2,000,000
5/11/2010 Capital 450,000
5/11/2010 Capital 500,000
17/11/2010 Rent 500,000
17/11/2010 Books 150,000
“ Furniture 750,000
“ client account 200,000
opened
“ Personal 200,000
account opened
“ Car purchase 900,000
30/11/2010 Balance C/D 2,950,000 250,000
Balance B/D
2,950,000
In the exam, the scenario will give you the information you will use.
LEDGER ACCOUNT
It classifies the transaction in the cash book account e.g. rent, office equipment,
books, etc. it entails entry of like terms in a separate to be deduced from the
entries in the cash book.
Rules of Entry in Ledger Account:

In the ledger account;
c. All monies spent is recorded on the Debit column (DR)
d. While all money received is recorded on the Credit (CR)
SAMPLE OF LEDGER ACCOUNT
Capital Account ledger

Date Particulars Dr. Cr.
2/11/2010 Cash 2,000,000
5/11/2010 Cash 450,000
5/11/2010 Cash 500,000
Rent Account ledger

17/11/2010 Cash 500,000
40
Books Account Ledger
17/11/2010 Cash 150,000
Furniture Account ledger

17/11/2010 Cash 750,000
Client Account ledger

17/11/2010 Cash 200,000
Personal account ledger

17/11/2010 Cash 200,000
Car ledger account

17/11/2010 Cash 900,000
CHAPTER TWELVE
41
THE RIGHTS AND PRIVILEGES OF LAWYERS IN NIGERIA AND
THE LIMITATIONS
RIGHTS AND PRIVILEGES OF LAWYERS

Legal practitioners in Nigeria enjoy some exclusive rights and privileges. Some
these rights include: (April 2018 Q3, Dec 2020 Q 3aiii)
1. Right of Audience in Court (January 2020 Q6)

2. Representation of litigants and preparation of documents relating to
proceedings in Court. See S. 36(6) (c) of the 1999 Constitution and S. 22
of the Legal Practitioners Act (LPA).
Exceptions where the right of audience will not avail a Lawyer are as
follows:
a. None fulfillment of the requirements of the Law e.g. immigration
Laws
b. A legal practitioner convicted of an offence. See S. 11 of the LPA.
c. Non-payment of practicing fee. See S. 8(2) of the LPA; R. 9 RPC
d. When he intends to appear for a party in a case in which himself is a
party. See R. 17(5) and 45(2) (b) & (c) of the RPC, Fawehinmi v.
NBA
3. Statutory Declaration of Compliance during Company formations. See S.
35(2) & (3) of the Companies and Allied-Matters Act (CAMA).
4. Preparation of instrument of transfer of interest in Land. See S. 2 & 4 of
the Land Instrument Registration Law and S. 22(d) of the LPA.
5. Preparation of documents for probate and letters of Administration. See S.
22(b) of the LPA.
6. Exclusive right to be appointed a Judge.
7. Appointment as Attorney-General of the Federation and States.
8. Right to be Appointed as a Notary Public S. 2 Notary Public Act
Restrictions or Limitations on the Right of a Legal Practitioner to Practice

Law are: (Dec 2020 Q 3aiv)
42
1. Non-payment of practicing fees. It is to be paid before the 31 day of
March of any year while new Lawyers called to the Bar are to pay within
a month of enrollment. See S. 8 (2) LPA, R. 9.
NOTE: It is the Federal Attorney-General that fixes the practicing fees in

consultation with the NBA. See S. 8(2) of the LPA
2. A lawyer in a salaried employment cannot appear as advocate in Court
except he is employed as a legal officer in a Government Department, e.g.
State Counsels. See R. 8 of the RPC
3. Notification of legal practice; Rule 13 RPC
4. Use of wig and gown (a legal practitioner shall not appear before a
superior court of record without being robbed).
5. Senior Advocates of Nigeria. They can only practice as BARRISTERS
except they are in partnership with a Lawyer who is not a SAN that they
can practice also as Solicitors. See S. 5(8) of the LPA. They cannot
appear before any superior Court alone in a CIVIL matter EXCEPT with
a junior or another SAN. See R. 2 (1) of the Senior Advocate of Nigeria
(Privileges and Functions) Rules 1979.
6. Engagement in business. A Lawyer is not to engage in the sale or
purchase of commodities personally or as a commissioned agent. See R.
7(2) (a) of the RPC.
Exceptions to the above rule are that he can be involved in the following:
i. Being a member of a Board of directors of a company, but not an
executive Director or one which involves administrative or clerical
functions.
ii. Act as Secretary of a Board or the general meeting of a company.
iii. Be a shareholder of a company.
7. Retired Judicial Officers. They are prevented from acting as legal
practitioners to clients before any Court. They can only act as solicitors
even after retirement. See S. 292 (2) of the 1999 Constitution as amended,
R. 6 of the RPC and Hon. Justice Atake v. Afejuku. Similarly public
officers or judicial officers who acted in a judicial capacity over a matter,
on retirement or resignation they are prevented from accepting any
employment touching on such matters already acted upon. See R. 6(2) of
the RPC
8. Lawyer is also restricted from acting as a witness in a case R.20 (1) RPC
2007
ORDER OF PRECEDENCE IN COURT (August 2018 Q 1, 2019 Q 1,
January 2020 Q3)
43
1. The Attorney-General of the Federation
2. The Attorney-General of the States in their States;
3. Life members of the Body of Benchers see S. 6(3) of the LPA.
4. Senior Advocates of Nigeria in order of seniority
5. Those entitled to practice by virtue of their offices( Law officers) (S.2(3)
(b) LPA)
6. Those entitled to practice generally in order of their seniority (i.e. those
whose names are on the roll in order of seniority)
7. Those entitled to practice by warrant
Those who can call their cases for mention out of turn but subject to the
Courts’ discretion are:
2. The Attorney-General of the States
3. Solicitor-General of the Federation
5. Senior Advocates of Nigeria in order of seniority
6. Those entitled to practice by virtue of their offices( Law officers)
Those entitled to sit at the INNER BAR in the Courts are: (Jan 2020 Q3c)
2. The Attorney-General of the States
3. Solicitor-General of the Federation
5. Senior Advocates of Nigeria; S. 5(a) of the LPA and the 1st Schedule to
the Act
CHAPTER THIRTEEN
ADVERTISING AND SOLICITING
44
The General Rule is that a Lawyer can advertise or promote his legal practice
provided:
1. It is fair and proper in the circumstances; and
2. It complies with the provisions of the Rules of Professional Conduct;
Rule 39(1) RPC
A Lawyer is however prohibited from advertising if: (Dec 2020 Q 1d)
1. It is inaccurate or likely to mislead
2. It is likely to diminish public confidence in the legal profession or in the
judicial system or bring the legal Profession into disrepute
3. It makes comparison with or criticizes other Lawyers or other
Professionals/Professions.
4. It includes any statement about the quality of the Lawyer’s work, the size
or success of his practice
5. It is so frequent as to cause annoyance to those to whom it is directed
6. A lawyer is prohibited from advertising himself or using agents/touts to
do so.
SOLICITING FOR PROFESSIONAL EMPLOYMENT

A Lawyer is also prohibited from doing acts amounting to unnecessarily seeking
to be engaged by clients by any of the following:
1. Pasting circulars, handbills and advertisement through touts or by
personal communication or interview
2. Furnishing, permitting or inspiring Newspaper Radio or TV comments in
relation to his Law practice
3. Procuring his photograph to be published in connection with matters he
has handled or the manner of their conduct
4. Permitting inspiring sound recording in relation to his practice of Law.
5. Similar self-aggrandizement.
ACTS THAT DO NOT AMOUNT TO ADVERTISING

1. Introduction by himself or another of his name, address, profession and
educational qualification
2. To publish in a reputable Law List or Directory a brief biographical or
informative data of himself including his name, personal bio-data, legal
teaching position, National Honours, etc. See R. 39(4) of the RPC. The
reason why the above will not amount to advertising is that they do not
contain anything about the quality of his practice.
3. To cause to be printed on his note-papers, envelops and visiting cards his
name, address and academic qualification including the titles ‘Barrister-
at-Law’, ‘Barrister and Solicitor’ etc and any National Honours. See R.40
of the RPC
45
4. If he writes a book or article on Law, he may add his professional
qualification after his name. see R. 42 of the RPC
5. He can send Notices to his client or put an advertisement in a Newspaper
or Journal of a change in his office address or telephone number. It should
not relate to the quality of his practice or success. See R. 43 of the RPC.
6. A Lawyer, who is specialized in an area of Law and readily available as
associate/consultant, may make a brief and dignified announcement to
Lawyers in his locality only or publish in his Local Journal. However, it
should not amount to improperly attract business. See R. 44 of the RPC.
SIGNS AND NOTICES

Any Sign or Notice displayed as to his legal practice must only:
1. Contain his name and professional qualification
2. Not be too large (big Sign Board) but should be of reasonable size, and
3. Be of sober design not too brightly coloured; See R. 41 of the RPC
PRESS, RADIO AND TELEVISION PARTICIPATION BY LAWYERS

A lawyer can write articles for publication, participate in radio and television
programmes where he gives information on the Law. However, he shall not
accept employment from any such Press, Radio or Television programmes to
advice on inquiries in respect of their individual rights. See R. 46(1) of the
RPC.
INSTIGATION OF CONTROVERSY OR LITIGATION:

The general rule is that a Lawyer should not ferment strife or instigate litigation
without being consulted, profer advice or bring a law suit. See R. 47 of the
RPC.
An EXCEPTION to this rule is in the case of close relations or of a trust where
he is the trustee, then he can take up a case even without being consulted. See R.
47(1) of the RPC.
A Lawyer should not do any of the following amounting to instigation of
controversy or litigation with a view of been engaged as Lawyer in respect of
the matters instigated:
1. Search Lands Registry or other Registries for defects
2. Seek out Claimants in respect of personal injuries or any other cause of
action.
3. Aid or encourage an agent or any person to follow up on accidents,
4. Agree to offer or offer rewards to any person who by his
position/employment is likely to influence legal work in his favour. See
R. 47 (2) of the RPC.
TRIAL PUBLICITY OR THE SUB JUDICE RULE (AUGUST 2017)
46
The general rule is that a Lawyer or a Law Firm engaged in or associated with
the prosecution or defence of any trial anticipated or pending in a Court shall not
make any statement or participate in making extra judicial statement calculated
to prejudice or interfere with the fair trial of a matter/judgment or sentence. See
R. 33 of the RPC.
47
CHAPTER FOURTEEN
CONTROLLING BODIES OF THE LEGAL PROFESSION IN NIGERIA
The bodies most of which are a creation of Statute are:

1. The General Council of the Bar
2. The Nigerian Bar Association (not a statutory creation)
3. Council of Legal Education
4. The Body of Benchers
5. Legal Practitioners Privileges Committee
6. Legal Practitioners Remuneration Committee
7. Legal Practitioners Disciplinary Committee
8. The Mandatory Continuing Legal Education Board
9. The body of Senior Advocates of Nigeria
The above bodies will be treated below.
(A) The Council of Legal Education (Exam April 2018 Q3b)

It was established by section 1(1) of the Legal Education (Consolidation, Etc.)
Act LFN Cap L11 2004.
The Functions of the Council include the following:
1. Training of aspirants to the Bar. See S. 1(2) of the Legal Education
(Consolidation, Etc.) Act.
2. To organize continuing Legal education for Legal practitioners. See
S. 3 of the Legal Education (Consolidation, Etc.) Act.
3. Incidental matters arising from its functions. See S. 2(5) of the Legal
Education (Consolidation, Etc.) Act.
4. The prescription of the qualifications to be admitted into the Nigerian
Law School. Thus, the Council can refuse an aspirant admission into
the School. See Okonjo v. Council of Legal Education.
Composition of the Council

The Council shall consist of—
1. a chairman to be appointed by the President on the recommendation
of the Attorney-General of the Federation;
2. Attorneys-General of the States or, where there are no Attorneys-
General, the Solicitors-General of the States;
3. a representative of the Federal Ministry of Justice to be appointed
by the Attorney-General of the Federation;
4. the head of the faculty of law of any recognized university in
Nigeria whose course of legal studies is approved by the Council as
sufficient qualification for admission to the Nigerian Law School;
5. the President of the Nigerian Bar Association;
6. fifteen persons entitled to practice as legal practitioners in Nigeria
of not less than ten years’ standing and selected or elected by the
Nigerian Bar Association;
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7. the Director-General of the Nigerian Law School; and
8. two persons who must be authors of published learned works in the
field of law, to be appointed by the Attorney-General of the
Federation.
See S. 2 (1) of the Legal Education (Consolidation, Etc.) Act.
A person appointed as chairman of the Council shall, or a person appointed a

member of the Council by the Attorney-General of the Federation shall, unless
he previously resigns or is removed from office, hold office for four years and
shall on ceasing to hold office be eligible for re-appointment. See S. 2 (2) of the
Legal Education (Consolidation, Etc.) Act.
The quorum of the Council shall be ten and the Council may regulate its own
procedure; and the validity of any proceedings of the Council shall not be
affected by any defect in the appointment of any member, or by reason that a
person not entitled to do so took part in the proceedings. See S. 2 (4) of the
Legal Education (Consolidation, Etc.) Act.
(B) THE BODY OF BENCHERS

It is the body of Legal practitioners of the highest distinction established under
section 3(1) of the Legal Practitioners Act (LPA).
Functions of the Body of Benchers
1. Formal call to the Bar of persons seeking to become legal
practitioners.
2. Prescription of call fees
3. Regulation of 3 dinning terms for aspirants to the Bar
4. Sponsorship of aspirants for call
5. It issues Certificate of Call to the Bar (S. 4(4)LPA)
6. General control of the affairs of the Nigerian Bar Association
(NBA)
7. Discipline of aspirants to the Bar and of legal practitioners
8. Appointment of the Caretaker Committee of the NBA.
See S. 4(3) of the LPA.
Note that its function of the general control of the affairs of the NBA conflicts
with that of the Bar Council in section 1 of the LPA.
COMPOSITION OF THE BODY OF BENCHERS (Exam Focus)

It is a body corporate with perpetual succession and which shall consist of the
following members, that is—
1. the Chief Justice of Nigeria and all the Justices of the Supreme Court;
2. the President of the Court of Appeal;
3. the Attorney-General of the Federation;
4. the Presiding Justices of Court of Appeal Divisions;
5. the Chief Judge of the Federal High Court;
49
6. the Chief Judge of the Federal Capital Territory, Abuja;
7. the Chief Judges of the States of the Federation;
8. the Attorneys-General of the States of the Federation;
9. the President of the Nigerian Bar Association;
10.the Chairman of the Council of Legal Education;
11.thirty legal practitioners nominated by the Nigerian Bar Association; and
12.Such number of persons, not exceeding ten, who appear to the Body of
Benchers to be eminent members of the legal profession in Nigeria of not
less than 15 years’ post-call standing. See S. 3(1) and (2) of the LPA.
Except as may be provided by regulations made by the Body of Benchers
pursuant to s. 3 (5) of the LPA, the quorum of the Benchers shall be ten and the
validity of any proceedings of the Benchers shall not be affected by any vacancy
in the membership of the Benchers or by any defect in the appointment of a
member or by any irregularity in the proceedings of any of their meetings. See
S. 3(8) & (9) of the LPA.
PRIVILEGES OF THE BODY OF BENCHERS

The rights and privileges conferred on the law officers by subsection (1) of
section 6 of the LPA shall also be accorded to only Life Members of the Body of
Benchers which include the following:
1. Exclusive right to sit at the inner bar or front row of the Courts
2. Right to mention any cause or matter which is on the cause list for
mention and not otherwise listed for hearing out of turn. See S. 6 (3) of
the LPA.
Types of Benchers
1. Life benchers
2. Bencher by virtue of office
3. Honorary Benchers
4. Supernumerary Bencher
(C) The Nigerian Bar Association (NBA)

1. It is not a body created by statute but is recognized by Law e.g. see S. 8(2)
of the LPA and S. 52 of the Legal Education Act.
2. Its membership consists of all Lawyers.
3. It was registered on the 8 April 1983; Fawehinmi v. NBA.
Functions of the NBA (Dec 2020 Q 3ai)

1. Maintenance of the independence of the Bar
2. Defence of the Bar in its relation with the judiciary and the executive.
3. Discipline of Lawyers
4. Promotion of good relations among its members
5. Promotion of legal education and Law reform
50
(D) General Council of the Bar
It is established by section 1 of the LPA
Functions of the Bar Council
1. Making the rules of accounts to be kept by legal practitioners. S. 20(1)
LPA.
2. Making and revising the rules of professional conduct for legal
practitioners. See S. 1 of the LPA.
Composition of the Bar Council

The Bar Council shall consist of—
1. the Attorney-General of the Federation, who shall be the president of the
Council;
2. the Attorneys-General of the States; and
3. 20 members of the Nigerian Bar Association.
The quorum of the Bar Council shall be eight, and the Council may make
standing orders regulating the procedure of the Council and, subject to the
provisions of any such orders, may regulate its own proceedings; and no
proceedings of the Council shall be invalidated by any vacancy in the
membership of the Council, or by the fact that any person took part in the
proceedings who was not entitled to do so. See S. 1(4) of the LPA.
(E) Legal Practitioners’ Disciplinary Committee

This committee is established and charged with the duty of considering and
determining any case where it is alleged that a person whose name is on the roll
has misbehaved in his capacity as a legal practitioner or should for any other
reason be the subject of proceedings under the Legal Practitioners Act. See S.
10(1) of the LPA.
(F)The Disciplinary Committee shall consist of—

1. the Attorney-General of the Federation, who shall be chairman;
2. the Attorneys-General of the States in the Federation;
3. twelve legal practitioners of not less than ten years’ standing appointed by
the Benchers on the nomination of the Association.
Functions of the LPDC

1. Receipt, consideration and determination of complaint against legal
practitioners;
2. Prescription of punishment to the registrar of the Supreme Court;
3. Restoration of names struck-off the roll;
4. Cancellation of suspension of a legal practitioners
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(G) LEGAL PRACTITIONERS PRIVILEGES COMMITTEE
It is established by section 5(1) of the LPA.
FUNCTIONS OF THE COMMITTEE

Conferment with the rank of Senior Advocate of Nigeria on persons qualified to
practice as a legal practitioner in Nigeria for not less than ten years and has
achieved distinction in the legal profession in such manner as the Committee
may, from time to time, determine.
Composition of the Legal Practitioners Privileges Committee

The Committee shall consist of the following—
1. the Chief Justice who shall be chairman;
2. the Attorney-General of the Federation;
3. one Justice of the Supreme Court;
4. the President of the Court of Appeal;
5. five of the Chief Judges of the States;
6. the Chief Judge of the Federal High Court; and
7. five legal practitioners who are Senior Advocates of Nigeria.
Qualifications for the Conferment of the title of a Senior Advocate of

Nigeria
They include the following: (you know at least 5 see August 2018 Q3, Dec
2020 Q 1c)
1. 10 years post-call
2. Payment of N600,000.00 non-refundable processing fees for first filter
and another N200,000.00 as conferment fee
3. Evidence of at least 20 judgments of the High Court or other superior
courts of record, 5 final judgments of the Court of Appeal and 4 final
Judgments of the Supreme Court OR 3 cases only from the Supreme
Court which he conducted personally from trial to the SC.
4. Evidence of current active practice
5. Give list of at least 10 Judges for confidential Report
6. Give List of 6 legal practitioners for confidential report NOTE 3 of the
Judges listed and 3 Legal Practitioners will be picked to write the Report.
7. Evidence of contribution to the legal development through case Law,
publications etc.
8. Must have a standard Law office or be a partner with at least 5 juniors and
the Partnership agreement will be of at least 5 years.
9. Evidence of payment of practicing fees for at least 10 years
10.Evidence of payment of income tax for 3 years
11.Evidence of pro bono legal services to indigent clients
12.Must have demonstrated leadership qualities and loyalty to the profession.
13.Academic applicants will have to furnish:
52
a. Evidence of distinguished contribution to Legal scholarship and
jurisprudence which has some source of reference in the profession.
b. 20 copies of publications to be assessed by the Academic
Subcommittee consisting of 2 Professors, a SAN, a member of the
Legal Practitioners Privileges Committee and the Chief Justice of
Nigeria.
See the Guidelines for the Conferment of Senior Advocates of Nigeria 2017.
Privileges of Senior Advocates of Nigeria; August 2019 Q2b

1. Sitting at the inner Bar of Courts
2. Right to mention a motion or a cause for mention out of turn
3. To be robbed in a silk gown
Restriction on Senior Advocates of Nigeria

1. SAN’s are not to appear or settle documents less than N400.00 or appear
before inferior Courts. See ECWA V. IJESHA where the Court held that
it is only a rule observed by them but will be inconsistent with the
Constitution granting a Lawyer the right to represent clients in Court.
2. SAN’s cannot appear alone in civil cases except with a junior or a fellow
SAN. Note that this restriction does not apply in criminal cases as he can
appear alone.
53
CHAPTER FIFTEEN
PROFESSIONAL DISCIPLINE OF LEGAL PRACTITIONERS
This is one of the most frequent exam areas in Bar final; April 2018 Q1b,
August 2018 Q4b, August 2019 Q5 and Jan 2020 Q1
Professional misconducts on which a Lawyer may be disciplined for are

divided into four as follows: (Bar Final Focus)
1. Infamous conduct in a professional respect
2. Enrolment by fraud
3. Conducts incompatible with the status of a Legal Practitioner
4. Conviction for an offence which is incompatible with the status of a Legal
Practitioner; See S.12 of the LPA; Re Abuah
1. INFAMOUS CONDUCT IN A PROFESSIONAL RESPECT

This includes any wrongful conduct done in the pursuit of his professional
duties. Example is the misuse of clients’ money. See Okeke v. LPDC. This kind
of misconduct must arise in the course of his legal practice. See S. 7(a) of the
LPA.
2. OBTAINING ENROLMENT BY FRAUD

This arises where a person misrepresents material facts which enabled him to
secure enrolment in the Supreme Court which may be on any of the following:
1. Personal data
2. Academic qualifications.
3. Forged certificates of Call to the Bar
4. Use of non-existent certificates.
3. CONDUCTS INCOMPATIBLE WITH THE STATUS OF A LEGAL

PRACTITIONER
These involve any misconduct which is such as to render the Lawyer unfit to be
an officer of the Court. These may fall in any of the following:
i. Lack of professional good manners
ii. Lack of Court room decorum
iii. Public fighting (Affray)
iv. Defaming other professional colleagues
4. CONVICTION ON A CRIMINAL OFFENCE

This means a Lawyer has been convicted by a competent Court of Law on a
criminal charge.
The conditions for this to be a ground to discipline a Lawyer are as follows:
i. The conviction must have taken place in Nigeria, see S. 12 of the LPA
ii. It must be by a Court of competent jurisdiction. See RE ABUAH
iii. There must be no pending appeal
54
DISCIPLINARY BODIES IN THE LEGAL PROFESSION (Note, August
2019 Q6f)
1. Body of Benchers
2. Supreme Court
3. Chief Justice of Nigeria
4. NBA (limited to receipt and investigation of complaints)
THE LEGAL PRACTITIONERS DISCIPLINARY COMMITTEE

It is established by section 10 of the Legal Practitioners Act 2004 which shall be
charged with the duty of considering and determining any case where it is
alleged that a person whose name is on the roll has misbehaved in his capacity
as a legal practitioner or should for any other reason be the subject of
proceedings under this Act.
The Disciplinary Committee shall consist of—

1. The Attorney-General of the Federation, who shall be chairman;
2. The Attorneys-General of the States in the Federation;
3. Twelve legal practitioners of not less than ten years’ standing
appointed by the Benchers on the nomination of the Association; See
S. 10(2) of the LPA.
NOTE: LPDC while sitting is constituted of five members
Disciplinary Procedure before the Legal Practitioners Disciplinary

Committee (LPDC)
It is regulated by the Legal Practitioners Disciplinary Committee Rules 2006
and the procedure is summarized as follows: (Exam Focus August 2016
&2017)
1. A written complaint of any aggrieved person can be forwarded to either:
a. The Chief Justice of Nigeria
b. The Attorney-General of the Federation
c. President of the Court of Appeal
d. Any Presiding Justice of the division of the Court of Appeal
e. The Chief Judge of the States, FCT and the Federal High Court
f. The Attorney-General of the States
g. Chairman of the NBA
h. Chairman of the Body of Benchers
i. The chairman of a branch of the NBA
See Rule 3(1) LPDC Rules 2006
2. A copy of the complaint is sent to the Secretary of the LPDC
3. The secretary will send it to the Lawyer involved to respond to same
within a period of 21 days
4. The complaint is also sent to the NBA form necessary investigation. See
R. 3(2) of the LPDC Rules
55
5. The NBA will investigate the complaint by way of inquiry through a
Committee appointed for that purpose
6. The Committee will write the Legal Practitioner involved inviting him to
bring in his written representation. If a prima facie case is made, the NBA
will then send the Report to the Secretary of the LPDC.
7. The NBA will appoint Lawyers from amongst it to prosecute the Lawyer
before the LPDC.
8. The matter will be heard by the Committee
9. Once a Direction has been reached, Notice of it will be served on the
person to whom it relates the Body of Benchers and the Registrar of the
Supreme Court. See S. 11 (6) of the LPA
10.The Notice of the Direction is to be gazetted in the Federal Gazette.
11.An aggrieved party can appeal against the direction
PARTIES TO THE PROCEEDINGS

1. NBA (represented by a legal practitioner who didn’t participate in the
investigation)
2. The legal practitioner
3. Any other person required by the LDPC or by leave of the LPDC to be
joined; See R.5(1) LPDC Rule, 2006
PUNISHMENT FOR PROFESSIONAL MISCONDUCT

The possible Directions of the LPDC could be any of the following: (Exam
Focus April 2018 Q 1bi, August 2019 Q 5, Jan 2020 Q 1d, Dec 2020 Q 6b)
1. Striking off the name of the Lawyer concerned from the roll in cases of
serious misconducts
2. Suspension of the Lawyer from practicing for a period of time
3. Admonition
4. An order that the lawyer return any money or documents of his clients in
his possession to the clients-restitution.
APPEAL AGAINST THE DIRECTIONS OF THE LPDC

Before now, a legal practitioner dissatisfied with the direction of the LPDC can
appeal to the Appeal Committee of the Body of Benchers; Akintokun v. LPDC.
The NEW position is that appeal from LPDC lies directly to the Supreme
Court; see Iteogu v LPDC; (August 2019 Q 5)
56
RESTORATION OF A NAME TO THE ROLL OF LEGAL
PRACTITIONERS
This occurs where a Lawyer’s name has been stroked off the Roll due to a
direction of the LPDC or the Appeal Committee/the Supreme Court upholding
same, he may apply that his name be restored to the Roll. The procedure is that
the Lawyer with genuine remorse will send an application to the Supreme Court
or the LPDC praying it to relist his name.
The CONDITIONS to be considered in granting the application are:
1. The gravity of the offence
2. Sufficient evidence of genuine remorse
3. That the applicant has become a fit and proper person
4. The length of time since suspension/striking off of his mane has lapsed.
See S. 14 of the LPA, RE A.C Abuah and Adesanya v. A.G Federation
OTHER DISCIPLINARY BODIES

Apart from the LPDC, the Chief Justice of Nigeria and the Supreme Court can
also discipline legal practitioners
The CJN can only discipline for misconducts that occurred in his presence or the
course of proceedings.
The Directions the Chief justice of Nigeria may give include:

1. Striking his name off the roll
2. Suspension from practicing
3. Admonition
DISCIPLINARY POWERS OF THE SUPREME COURT

Where it appears to the Supreme Court that a person whose name is on the roll
has been guilty of infamous conduct in any professional respect with regard to
any matter of which the Court or any other Court of record in Nigeria is or has
been seised, the Supreme Court may if it thinks fit, after hearing any
representations made and evidence adduced by or on behalf of that person and
such other persons as the Court considers appropriate, give such a direction as is
mentioned in subsection (1) of section 11, and the direction shall take effect
forthwith; and except in the case of an admonition the Court shall cause notice
of the direction to be published in the Federal Gazette.
See S. 13(1) of the LPA
57
CHAPTER SIXTEEN
LEGISLATIVE DRAFTING
Qualities of a Legislative Draftsman
1. Intellectual intelligence and stamina
2. Ability to analyze an issue or problem in details
3. Knowledge of other Laws especially the Constitution so that the proposed
Law/Bill will not be in contradiction to it. See S. 1(3) of the 1999
Constitution as amended.
STAGES OF DRAFTING (Exam focus April 2018 and 2019 No 1B,

January 2020 Q5, Dec 2020 Q 4a)
1. RECEIVING AND UNDERSTANDING INSTRUCTION: The
sponsors of a Bill/Act/Law give the instruction and it is the duty of the
legislative draftsman to understand their concerns by being in constant
consultation with them to do so.
2. ANALYZING THE INSTRUCTION- This he can do by analyzing:

a. The existing Law either to amend, repeal and enact a new Law/Act
b. The potential danger areas
c. How practical or enforceable is it.
d. Incompatibility with the Constitution
3. DESIGN OF THE DRAFT: This is a sketch of how the legislation will

be arranged. In doing so, adhere to the conventional practice and the
Legislation must be acceptable.
4. COMPOSITION OF THE DRAFT: This is to give flesh to the draft by

putting in the provisions. Use precedents in doing so but not slavishly.
5. SCRUTINIZE THE DRAFT: This is to correct and proof read the draft
finally. He may give it to Professional colleagues to help vet the draft. It
is advisable to allow two or more persons who did not participate in the
initial drafting to scrutinize the law.
CONCEPTS IN LEGISLATIVE DRAFTING

1. Bill: it is a proposed Law or proposal to the legislative Houses
2. Act: a Law/Bill passed by the National Assembly.
3. Law: a Bill passed by the States Houses of Assembly.
4. Rules/Order: made by an authority empowered to make rules to regulate
an aspect under an Act/Law.
5. Bye-Law: a Bill passed by the Local Government Councils.
58
STAGES OF LEGISLATIVE PROCESS (January 2020 Q6)
This is the process in which the legislation will go through to be passed into a
law or an Act. The stages are:
1. First reading of the Bill/ Act
2. Second Reading
3. Committee Stage
4. Third reading
5. Assent (of the President or the Governor of a State)
SOURCE MATERIALS FOR LEGISLATIVE DRAFTING

1. The constitution
2. Party manifesto
3. Electoral promises
4. Nigerian law reform commission
5. Resolution of the legislature
6. Reports of civil society organization
7. Judicial decision
FORMALITIES AND ARRANGEMENT OF LEGISLATIONS

1. Sections of a Statute stand alone, e.g. Section 14.
2. Sub-sections are written in Arabic numerals and in parenthesis, e.g.
section 1(2).
3. Paragraphs of a section are written in alphabet lower case (small letter) in
brackets, e.g. section 1(2) (a).
Marginal References
It is an explanatory sign post. It will refer the reader to Laws that have been
enacted which is to apply in the new Statute. Example is S. 233(e) of the
Criminal Code.
The Order for the Arrangement of or Parts of Legislation

1. The preliminary part
2. Principal segment
3. Miscellaneous
4. Final Part (which includes the schedules, repeal etc.)
The Preliminary PART Includes the Following:

1. Long title
2. Preamble
3. Commencement
4. Enacting formula
5. Establishment of a Corporation
6. Interpretation section or explanatory notes
7. Short title
59
Meanings of the Various Parts and their Importance (Every year Question)
Every year in the exam, students are asked to draft some parts of legislation
which usually include the following:
1. LONG TITLE: It helps one to know the general purpose or scope of the
Legislation. In exams, use capital letters. This part forms part of the
Legislation. It helps to interpret or clear up ambiguities in the main
legislation and to guide/limit legislative debate on it for a possible
amendment.
Example:
(a) A BILL FOR AN ACT/LAW TO.(…here copy the purpose of the law
from the scenario...) AND FOR OTHER CONNECTED MATTERS
OR
(b) AN ACT TO REPEAL THE EVIDENCE ACT 2004............. AND
FOR MATTERS CONNECTED THERETO OR FOR CONNECTED
PURPOSES.
2. PREAMBLE: Its function in legislation is to show the reasons for the

enactment of the Law. In practice, it is desirable to be used in the
following circumstances:
(a) the subject-matter is of a Constitutional or international importance
(b) legislation is formal
(c) ratification of international Treaties
(d) a Law to deal with a local and complex problem in a country/State/
Local Government Area. Example is Corruption Laws.
3. COMMENCEMENT: This will state the time when the Law/Act is to

take effect. The scenario will always provide for when the law will
commence.
NOTE the following:
(a) Where no provision is made, it commences on the date assent is given
or when published in a gazette. See S. 6 of the Interpretation Act.
(b) where the date is stated, an example of a commencement clause will be
as follows:
 This Law shall come into effect on the 30th day of March 2020.
(c) Where a named authority is to specify its commencement, it will be
drafted thus:
 This Act shall come into force on a day to be named by the
President on a named date published in the official gazette.
60
4. ENACTING FORMULA- Its function is to enable a person know:
1. the authority making the Law
2. the jurisdiction where the Law is made
Examples of Enacting Formula:
 ENACTED by the National Assembly of the Federal Republic
of Nigeria as follows:
 Be it ENACTED by the Lagos State House of Assembly of the
Federal Republic of Nigeria as follows:
5. SHORTTITLE: It is the nick name or shortest name of the Law/Act and

it forms part of the enactment. It is also used as a label and for ease of
reference.
There are various ways of drafting a short title distinctively as
follows:
1. By adding the year of enactment, e.g.
THIS ACT IS TO BE CITED AS ‘THE APPROPRIATION
ACT NO 2; 2020’ OR
THIS ACT MAY BE CITED AS ‘THE COMPANIES AND
ALLIED MATTERS ACT 2004’.
6. APPLICATION: A Law's application can be territorial, on everybody or

to certain persons. Usually if not specified by Law, it is deemed
applicable to all in the area covered by the Law.
7. DURATION: A Law is always in force until it is repealed. The effect of

the expiration or repeal of a Law is that anything done before its repeal is
valid and remains valid. See S. 6 (1) & (2) of the Interpretation Act
Examples:
a. This Act shall continue in force until 31 st July, 2021 and shall then
expire
b. This Act shall continue in force until 31 st July, 2021 and shall then
expire unless parliament, by affirmative resolutions by both
Houses, otherwise determines.
8. SCHEDULES: It forms part of Legislation. It is used to keep or include

technical information too bulky to disrupt the flow at the end of the
Legislation. It must be incorporated by reference in the main Legislation,
e.g. a section of the Law will refer to a schedule for detailed information.
It contains things like ‘tables, forms, Code of conduct, oath of office etc.
9. ESTABLISHMENT CLAUSE: This occurs if the Act/Law intends to

create a body to implement it.
Example is:
“There is hereby established a body corporate to be known as the
University Education Council which shall be a corporate sole with
61
perpetual succession, power to hold land, to sue and be sued in its
corporate name and with a common seal”.
10.INTERPRETATION CLAUSE: This may occupy as a section at the

beginning or end of legislation and it’s used to define certain words
occurring frequently in the legislation.
Example:
In this Act, unless the context otherwise requires:
"Accommodation" includes residential and business accommodation;
"DISABLED" means having a disability
NOTE: when you want to restrict the meaning of a word in legislation you
use the word “MEANS”, but when you want to give room for other
meaning or making the meaning more broad you use the word
“INCLUDES”.
CHAPTER SEVENTEEN
62
IMPORTANT SAMPLE DRAFTS ON PROFESSIONAL ETHICS
1. Letter of Notification of Establishment of Law Office

ATOWO ATOWO & CO
BARRISTERS AND SOLICITORS
NO. 10 ASO DRIVE NYANYA, ABUJA- NIGERIA
Our Ref:
Date: 18 January, 2021
To:
The Chairman,
Nigerian Bar Association,
Abuja Branch,
High Court Secretariat,
High Court Complex Maitama, Abuja.
Dear Sir,
NOTIFICATION OF ESTABLISHMENT OF LAW OFFICE

I, Atowo John Atowo a Legal practitioner called to the Nigerian Bar on 20th
November 2012 and enrolled as a Barrister and Solicitor of the Supreme Court
of Nigeria, hereby give you notice of the establishment of my law office situated
at No. 10, Aso Drive Nyanya, Abuja- Nigeria. The said office was established
on 20th December, 2020.
Please find attached copies of my relevant documents qualifying me to practice.

Thank you.
Yours faithfully,
______________
Atowo J. Atowo
(Principal Partner)
ATOWO ATOWO & CO
ENCL:
1. Call to Bar Certificate
2. Receipt of payment of practicing fee.
2. MEMORANDUM (Bar Final September 2015 3(a), August 2017 Q1c)
63
COUNCIL OF LEGAL EDUCATION
THE NIGERIAN LAW SCHOOL
LAGOS CAMPUS
VICTORIA ISLAND LAGOS
INTERNAL MEMORANDUM
FROM: The Director of Students Affairs
TO: Bar Part II students 2020/2021 session
DATE: 3 February, 2021.
SUBJECT: INVITATION TO FAREWELL COCKTAIL
You are hereby invited to a welcome cocktail party which will take place as
follows:
Date: 30 March, 2021.
Venue: Ademola Adetokumbo Hall
Time: 5 pm
Thank you for the anticipated response.
……………………….
Kofunje Thomas
(Director of Students Affairs)
3. Letter of Report of Progress To Client
64
EMEKA WIGWE AND CO.
NO 1 WIGWE CRESCENT
UGHELLI, DELTA STAE.
OUR REF:
DATE: 5th February, 2021
To:
Mrs Mercy Jemiye,

No. 2 Adolor Close,
Ughelli,
Delta State.
Dear Madam,
RE: REGISTRATION OF BUSINESS NAME
We your solicitors are pleased to inform you of the approval and reservation of
the business name ‘Journey Mercies Transport Company’ by the Corporate
Affairs Commission Abuja.
We therefore request that you forward the following documents to us within

seven days of receipt of this letter in order to effect the registration of the
business name within 60 days as follows:
1. two passport photographs
2. statement of particulars of surname and forename
3. address of the business and its commencement date and
4. 3 years tax clearance certificate
Thank you for the anticipated co-operation, we remain
Yours faithfully,
………………………
Paul Santos Esq.
For: Emeka Wigwe & Co.
5. Letter Informing the Client of The Progress of His Case
65
(Frequently Asked in Bar Final)
EMEKA WIGWE AND CO.
NO 1 WIGWE CRESCENT
YABA, LAGOS.
OUR REF:
DATE: 20 JANUARY, 2021
To:
The Managing Director,

Peak Properties Limited,
No. 2 Park Lane,
Lagos Island.
Lagos.
Dear Sir,
RE: CV/10/2011 PEAK PROPERTIES LIMITED V. JAMES

SETTLEMENT OUT OF COURT
The case for the recovery of two-bedroom flat at BRF Road was mentioned on
the 15th day of January, 2021 at the Lagos Magistrate Court Igbosere. The
Counsel to the defendant was in appearance and the case was adjourned to the
23 day of February, 2021 for hearing.
The defendant through his Counsel, requested for settlement out of Court
possibly before the next adjourned date. Therefore, we kindly request that you
oblige them the opportunity by attending a meeting at No. 10 Kent Road Lagos
Island.
We await your Co-operative response. Thank you.
Yours faithfully,
…..............................
Paul Santos Esq.
For: Emeka Wigwe & Co.
6. Minutes of Meeting of a Law Firm
66
MINUTES OF MEETINGS (August 2017 Q3a, Jan 2020 Q5a)
MINUTES OF THE FIRST QUARTERLY MEETING OF OKEKE & CO

A FIRM OF LEGAL PRACTITIONERS OF NO 51 OZUMBA MBADIWE
STREET VICTORIA ISLAND HELD ON THE 2 OF FEBRUARY 2021
AT THE CONFERENCE HALL OF THE FIRM AT ABOUT 4:00PM.
PRESENT:
NAME POSITION
1. Mrs. Ibukun Okeke Head of Chambers
2. Joseph Luku Legal Practitioner
IN ATTENDANCE:
1. Professor Richard Gimes External training Consultant
2. Adaji Grace Peter Secretary
ABSENTEES: NONE
1. OPENING REMARKS/ PRAYERS
All done by Mrs. Ibukun Okeke at about 4:10 pm
2. ADOPTION OF THE AGENDA OF THE MEETING
The main agenda for this meeting are:
a) Evaluation of the training on the use of ICT by Professor Gimes by
employees of the firm
3. ADOPTION OF MINUTES OF THE LAST MEETING
The minutes of the last meeting held on the …..Day of December 2020
was read and adopted by
a) Joseph Luku and
b) Mrs. Ibukun
4. MATTERS ARISING
a) The purchase of new cabinets for all. It was resolved that the
cabinets be purchased on the 10 of January, 2021
5. ISSUES DISCUSSED FOLLOWING AGENDA
a) Compliance with training modules by the Lawyers.
6. RESOLUTIONS
7. AOB/GENERAL ISSUES
b) Mr Joseph Luku reminded the partners to comply with dress code.
8. ADJOURNMENT/ CLOSING REMARKS/ PRAYERS
In the absence of any other business, Mrs. Ibukun Okeke moved the motion for
the adjournment of the meeting supported by Joseph Luku. The meeting came to
an end at about 6:00 pm and was adjourned to the 10 day of January, 2020.
DATED THE ……... DAY OF…… 2021
………………… ……………….
Chairman Secretary
67
7. CURRICULUM VITAE (Resume) (This is one of the most consistent
drafts; August 2014 Q2v, 2015 Q2d, 2016 Q3ai, 2017 Q3c, Jan. 2020
Q 5c)
CURRICULLUM VITAE OF WAZIRI MUSA

No. 15 Bose Street Abuja FCT
08065748908 e-mail:warz@yahoo.com
1. PERSONAL DATA:
Name: Waziri Musa
Address: No 15 Bose Street Abuja FCT
State of origin: Kano State
Permanent home address: No 205 Kankanwa Street Dankowa
Kano State-Nigeria
Date of birth: 10 March 1981
Marital status: married
2. EDUCATIONAL QUALIFICATIONS WITH DATES
a. Barrister-at Law (B.L) 2007
b. Bachelor of Laws Degree (LL.B) 2005
c. Secondary school certificate( WASCE) 2000
d. Primary School certificate 1996
3. WORK EXPERIENCE
a. National Youth Service Corps with the Ministry of Justice Ekiti State
2008
b. Legal Practitioner in Austin Olowolafe & Co from 2009-2012
4. HOBBIES
a. Reading
b. Travelling
5. REFEREES
a. Alhaji Tafida Ekundayo
No16 Kent Road
Lagos Island, Lagos.
b. Benson Amande
Director of Administration
Ministry of Justice
Ekiti State.
DATED THE………..DAY OF FEBRUARY, 2021.
…………….……
Waziri Musa
68
8. Application For Loan On Behalf of A Client
UGWANYI& CO
BARRISTERS AND SOLICITORS OF THE SUPREME C OURT OF
NIGERIA
NO 15 VIRBES STREET
IKOYI, LAGOS STATE
OUR REF:
DATE: 2 FEBRUARY, 2021
To,
The Executive Director

Zenith bank PLC
23 Atim Street,
Victoria Island, Lagos State.
Sir,
APPLICATION FOR LOAN ADVANCEMENT OF TWENTY MILLION
NAIRA
We are Solicitors to Alhaji Ozor Otumba of No 10 Broad Street Marina Lagos,
on his instruction we write and we will refer to him as ‘our client’.
Our client seeks for Twenty Million Naira (N20,000,000) as a loan to be secured
on his property, a six-bedroom bungalow at 34 Yaba Road Surulere Lagos State
valued at thirty-nine million naira (N39,000,000) redeemable within 2 years of
its grant.
Please find attached the following documents to enable you conduct a search on
the property and your subsequent approval as follows:
1. Valuation report by Mixer Estate Surveyors
2. Consent letter of Alhaji Ozor Otumba
3. Copy of the Land Certificate, and
4. Sworn declaration
Thank you for the kind consideration of this application.
Yours faithfully,
……………..
Ugwuanyi Mmadunkiti
(Principal Partner)
For: Adaji & Co
ENCL:
Valuation report by Mixer Estate Surveyors
69
9. BILL OF CHARGES (Frequent Exam Focus area)
MAJI & CO
BARRISTERS AND SOLICITORS OF THE SUPREME COURT OF
NIGERIA
NO 15 VIRBES STREET
MARINA -LAGOS STATE.
OUR REF:
DATE: 2 FEBRUARY, 2021
To,
Mrs. Adaku Bimpe Shehu

No 5 North Avenue Apapa
Lagos.
Dear Madam,
RE: NEGOTIATION OF MORTGAGE LOAN BILL OF CHARGES
Sequel to your instruction to negotiate a mortgage loan on your behalf, we are
pleased to inform you of its successful completion.
Find attached our invoice below for your prompt response.
Principal Item Date Cost
1. Application for Loan 5/04/2019 20,000
2. Deducing title 6/04/2019 10,000
3. Postage of application 6/04/2019 5,000
letter
4. Transportation 5-6/04/2019 20, 000
5. Miscellaneous “ 10,000
Expenses
Amount received as Nil
deposit
Total 65,000
Kindly pay the sum of sixty-five thousand naira (65,000) into account No.
304070113 belonging to Maji Sunday & Co at First Bank PLC.
Thank you for the anticipated cooperation.
Yours faithfully,
………………
Maji Sunday Esq.
(Principal Partner)
70
10.APPLICATION FOR APPOINTMENT AS A JUDICIAL OFFICER
(August 2016 & January 2020)
NUHU BALA
NO. 12 BASE STREET
BARIGA
LAGOS.
10 January, 2021
TO:
THE CHAIRMAN
THE STATE JUDICIAL SERVICE COMMISSION
NO. 13 BASE ROAD MAKURDI BENUE STATE
Dear Sir,
APPLICATION FOR APPOINTMENT AS A JUDGE OF THE HIGH

COURT OF BENUE STATE.
I am Barr. Nuhu Bala and hereby apply to be appointed a Judge of the High
Court of Benue State. I was called to the Nigerian Bar in the year 1992 and was
enrolled on the same day.
I have cogent experience in Legal practice as a Principal Partner with Agbaje

Daji & Co. a firm of Legal Practitioners and solicitors.
Please find attached copies of my documents for your necessary consideration.
I look forward to your kind consideration of my application.
Yours faithfully,
……………..
Nuhu Bala
ENCL:
1. Call to Bar Certificate
2. Receipts of payment of practicing fees
3. Bachelor of Law (LL.B) Certificate
4. Curriculum vitae
71
11. Letter of confirmation of client’s instruction: (Jan. 2020 Q1a)
RICHARD CHUKWUMA & CO

PLOT 20 HERBERT MACAULAY STREET,
PORTHARCOURT, RIVERS STATE
richyc@gmail.com +2347064599441
OUR REF………….. 19TH JANUARY, 2021
MADAM NENGI TYGER

(Any address)
Dear Madam,
LETTER FOR CONFIRMATION OF YOUR INSTRUCTIONS
I write in respect of the above subject matter. Please recall my interview with
you on the 18th of January, 2021 in our office, I wish to confirm that the
following were your instructions:
1. That our firm should help you recover a debt of N30, 000,000.00 (Thirty
Million Naira) from Ayabowei Nigeria Limited.
2. That we should write a letter to the company requesting for repayment of
the loan not later than 31st January, 2021
3. That we should give the company an option of payment by three
installments if the company cannot pay total amount due as at 31 st
January, 2021.
4. Furthermore, that if all steps to possible negotiations fails that we should
resort to litigation to recover the loan.
Please kindly, confirm the above instructions and also confirm that will you pay
our legal fees as discussed to enable us carry out the brief in earnest. Thank you
for your usual patronage.
Yours Faithfully;
………………………
Richard Chukwuma Esq.
Principal Partner: Richard Chukwu & Co.
72
12. LETTER OF DEMAND (August 2017 and Jan 2020 Q1)
THE MANAGING DIRECTOR,

AYABOWEI NIGERIA LIMITED
(Any address)
Dear Sir/Madam,
LETTER OF DEMAND OF THE DEBT OF N30, 000,000.00 (THIRTY

MILLION NAIRA)
I am Richard Chukwuma Esq. legal practitioner to Madam Nengi Tyger (my

client) and I have her instructions to write this letter to your company Ayabowei
Nigeria Limited.
My client informed me that your company owes her a debt of N30, 000,000.00
(Thirty Million Naira) which is due and unpaid.
I hereby request that the said debt of N30, 000,000.00 (Thirty Million Naira) be
paid into my Firm Client’s Account No 1234….on or before the 31 st of January,
2021.
I wish to further inform you that my client is willing to allow the Company pay
the debt by three (3) installments of N10, 000,000.00 (Ten Million Naira) each
month starting from 1st January, 2020 to 31st March 2020, if the company cannot
pay the total amount due as at 31st January, 2021.
Furthermore, my client is willing to enter into any form of negotiation as may be
proposed to by the company.
Please kindly note that I have my client’s instruction to institute an action in the
appropriate court against the company should it fail to act accordingly.
Thank you as I await your response.
Yours Faithfully;
………………………
73
13. Letter For Adjournment (Frequently Asked please learn)

THE REGISTRAR,
HIGH COURT 4,
HIGH COURT COMPLEX,
OVOM, YENAGOA
Dear Sir/Madam,
RE: MADAM NENGI TYGER V AYABOWEI NIGERIA LIMITED;

SUIT NO………
I am Richard Chukwuma Esq. counsel to the Claimant in the above suit. I regret
to inform you that I will not be available to attend proceedings on the next
adjourned date in the above suit. This is because I am billed for another matter at
the Court of Appeal the same date.
I most humbly request for a short adjournment to enable me attend and

prosecute the suit. I suggest the 10th and 12th of February, 2021 subject to the
convenience of the court.
I apologise for any inconvenience this may have caused this Honourable Court.
Accept the assurances of my extreme regards.
Yours Faithfully;
………………………
74

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ABOUT THE BOOK

BEWARE OF PIRATED COPIES

 Good preparation cures exam tension and fear; so prepare well.

DISCLAIMER: THIS MATERIAL IS JUST A GUIDE TO HELP YOU

IMPORTANT TOPICS IN PROFESSIONAL ETHICS………………….4

CHAPTER ONE: History of Legal Profession in Nigeria………………..5-8

CHAPTER TWO: Clients Interview and Counseling……………………….7

CHAPTER FOUR: Overview of the Rules of Professional Conduct…..11-16

CHAPTER FIVE: Charging and Recovery of Professional Fees………17-19

CHAPTER SIX: Principles of Drafting………………..………………...20-22

CHAPTER SEVEN: Law Office Management Skills…………………...23-29

CHAPTER EIGHT: Appointment and Discipline of Judicial Officers..30-32

CHAPTER NINE: Interpretations of Statutes and Documents………..33-35

CHAPTER TEN: Contempt Of Court………………..…………………36-37

CHAPTER ELEVEN: Legal Practitioners Account Rules 1964………38-41

CHAPTER TWELVE: Exclusive Rights of Legal Practitioners and

CHAPTER THIRTEEN: Advertising and Soliciting…………………...45-47

CHAPTER FOURTEEN: Controlling Bodies of the

CHAPTER FIFTEEN: Discipline of Legal Practitioners……………….54-57

CHAPTER SIXTEEN: Legislative Drafting…………………………….58-61

CHAPTER SEVENTEEN: Important Sample Drafts………………….62-74

Generally in Criminal Litigation, it is essential for every student to understand

1. DRAFTS: This constitutes at least 40-45% of your success.

NOTE: THIS IS NOT TO SAY THAT EVERY OTHER TOPIC IS NOT

Prior to the establishment of the Nigerian law school in 1962, training of

2. 1914-1962…This period saw the era of indigenous lawyers trained in

Conditions to Qualify for Admission as a Legal Practitioner in Nigeria

Exemption from Attendance of the Nigerian Law School

(A) PARTIAL EXEMPTION from Attendance of the Nigerian Law

(B) FULL EXEMPTION: Here a person is not to attend the Bar II

MODELS OF CLIENT INTERVIEW

PURPOSE/IMPORTANCE OF CLIENT INTERVIEW (Exam Question)

Venue for Conducting Client interview

VARIOUS METHODS OF ALTERNATIVE DISPUTES RESOLUTION

ADR simply means Alternative Dispute Resolution. It is the method by which

The various ADR Procedures are:

DISADVANTAGES OF ADR (This is invariably the

1. It is a less concrete mode of settlement of disputes

Negotiation Strategies include: (August 2017 and 2018 Q No 2)

This is a non-binding dispute resolution mechanism involving a neutral and

ENFORECEABILITY OF AGREEMENT MADE DURING MEDIATION

This is the process of settling a dispute in an agreeable manner. It is a method by

AREAS NOT SUBJECT TO ADR/ LIMITATION OF ADR (Exam Focus)

The following matters cannot be resolved by ADR:

1. Declaration of status in matrimonial causes

DUTIES OF COUNSEL TO THE PROFESSION

RULE 3-Aiding in the unauthorised practice of law; avoid sharing of your

RULE 4-Avoidance of Intermediary in the Practice of the Law. A Legal

Rule 5-Association for Legal Practice. It made the following prohibitions in

RULE 7- A legal practitioner in active practice cannot practice any other

RULE 8-Lawyers in salaried employment cannot be allowed to represent the

THE LAWYERS DUTIES TO THEIR CLIENTS ARE: (Exam Focus)

LAWYERS DUTIES TO PROFESSIONAL COLLEAGUES

Exceptions where he can communicate with the adverse clients or witnesses

LAWYERS’ DUTIES TO THE COURT, STATE AND PROFESSION

DUTY TO THE COURT

DUTY TO THE PROFESSION

DUTY OF THE COURTS TO COUNSEL

Implications of Non-Compliance with the above Duties are:

RETAINERSHIP: This is the various ways in which a client may engage a