LAW IN PRACTICE (ETHICS AND SKILLS)

UNIT 12

DUTY OF LAWYER TO COURT

The duty of a lawyer to the court is a fundamental aspect of legal practice and ethics. It encompasses the obligation of lawyers to uphold the integrity of the judicial system, promote justice, and act in accordance with the law. This duty is not only a matter of professional ethics but also a legal requirement. The duty of lawyer to court includes the following:

  1. Duty of honesty and integrity: A lawyer must conduct themselves with honesty and integrity when presenting cases before the court. This duty is rooted in the need to maintain public confidence in the judicial system. See rule 2 of the rules of professional conduct for legal practitioners, 2007 which mandates that a lawyer must not knowingly make a false statement to a court or conceal material facts from the court and see also the case of R v. Adebayo (2008) where the supreme court of Nigeria emphasized that lawyers must not present false evidence or documents in court. The court held that such conduct undermines the integrity of the legal system and is punishable.
  2. Duty to disclose relevant facts: Lawyers have a duty to disclose all relevant facts and evidence that may assist the court in reaching a fair decision. This obligation extends to both the prosecution and defense. See section 241 of the evidence act 2011 which requires parties to disclose evidence that is relevant to the case, reinforcing the principle that justice is served when the truth is fully presented to the court and see also the case of Okafor v. Nweke (2011) where the court of appeal held that the failure of a lawyer to disclose relevant evidence that could have influenced the court's decision constituted a breach of their duty to the court, leading to the dismissal of the case.
  3. Duty to respect court procedures: Lawyers must adhere to established court procedures and protocols. This includes punctuality, proper conduct, and following procedural rules during litigation. See order 4 and rule 5 of the court of appeal rules which outlines the conduct expected of lawyers in court, including the need to act professionally and respect the authority of the court and see also the case of Adetola v. Adebayo (2010) where the court reprimanded a lawyer for failing to follow procedural rules, which caused undue delay in the proceedings. The court reiterated that lawyers must respect court schedules and processes to facilitate the efficient administration of justice.
  4. Duty to avoid frivolous or vexatious proceedings: Lawyers are prohibited from initiating or continuing legal proceedings that are frivolous or intended to harass or annoy the other party. See section 2 of the legal practitioners act, Cap L11 LFN 2004 which emphasizes that legal practitioners must not act in a manner that obstructs the administration of justice and the case of Bola Ige v. State (2001) where the supreme court ruled against a lawyer who filed a suit deemed to be vexatious and lacking merit. The court warned that such actions could lead to disciplinary measures against the lawyer.
  5. Duty to maintain confidentiality: While lawyers have a duty to the court, they must also balance this with their duty to maintain client confidentiality. However, this duty may be overridden when it concerns preventing a crime or fraud. See rule 19 of the rules of professional conduct for legal practitioners, 2007 which states that lawyers may disclose information to the court if it is necessary to prevent the commission of a crime or fraud and see also the case of F.R.N. v. Odukoya (2002) where the court highlighted that a lawyer is obliged to inform the court if a client intends to commit perjury, underscoring that the duty to the court supersedes client confidentiality in such circumstances.
  6. Duty to not mislead the court: Lawyers must not knowingly mislead the court through false evidence or misrepresentations. See rule 3 of the rules of professional conduct for legal practitioners, 2007 which prohibits lawyers from knowingly making false statements or misleading the court and the case of Olawale v. Adebayo (2014) where the court held that the lawyer’s deliberate misrepresentation of facts constituted a serious breach of professional conduct, which could lead to sanctions.

CONCLUSION

The duty of a lawyer to the court is essential for the proper functioning of the legal system. It encompasses honesty, integrity, respect for court procedures, avoidance of frivolous actions, confidentiality, and the prohibition against misleading the court. Failure to uphold these duties not only undermines the judicial process but can also result in severe penalties for the lawyer involved. Adhering to these ethical standards is vital for promoting justice and maintaining public trust in the legal profession.