LAW IN PRACTICE (ETHICS AND SKILLS)

UNIT 3

LAWYERS DUTIES TO THE CLIENT

Under Nigerian law, a lawyer owes specific duties to the client, as established in both statutory law and case law. These duties are foundational to the practice of law and are derived from the rules of professional conduct for legal practitioners (RPC), the legal practitioners act, and various court decisions. The lawyer duties to the client includes the following:

  1. Duty of competence and diligence: A lawyer must act competently and diligently in handling the legal matters of the client. This involves being knowledgeable in the relevant area of law, applying the appropriate legal principles, and handling the client's case with care. See section 14(1) of the RPC which specifically requires that a lawyer must not handle a matter without adequate preparation. Furthermore, the lawyer must work diligently, keeping deadlines and ensuring that no undue delay is caused to the client’s matter. See the case of Olowosago v Adebanjo (1988) 4 NWLR (Pt. 88) 275 where the court emphasized that legal practitioners owe it to their clients to provide effective representation by being adequately prepared and diligent in handling cases. Failure to do so could lead to professional negligence.
  2. Duty of loyalty and fidelity: A lawyer is obligated to act in the best interests of their client, avoiding conflicts of interest and always prioritizing the client’s needs. See section 23 of the RPC which prohibits lawyers from representing clients in cases where a conflict of interest arises or may arise. Loyalty also extends to not using information gained from the client against the client’s interest. See the case of Adekeye v Akin-Olugbade (1987) 3 NWLR (Pt. 60) 214 where the court reaffirms the importance of the lawyer's loyalty to the client and highlights the need for the lawyer to avoid any situation where their own interests or the interests of another client conflict with those of the primary client.
  3. Duty of confidentiality: A lawyer is duty-bound to protect all information obtained during the course of the attorney-client relationship. This is crucial for building trust between the lawyer and the client. See section 19 of the RPC which provides that a lawyer must not disclose any confidential information except with the express consent of the client or when required by law. This duty persists even after the lawyer-client relationship has ended. See the case of Agbaje v Ibru Sea Foods Ltd (1972) 5 SC 50 where the court stressed the importance of maintaining client confidentiality and held that breaching this duty can lead to severe professional sanctions.
  4. Duty to communicate: A lawyer must keep the client reasonably informed about the progress of their case. This includes promptly responding to inquiries and ensuring that the client is updated on any important developments. See section 22 of the RPC which emphasizes that a lawyer must not withhold information from the client and must promptly disclose any material facts that could impact the client's decision-making process. See the case of Odudu v Simon Adebayo & Co (1998) 5 NWLR (Pt. 550) 652 where the court held that failure to properly inform the client about the status of their case amounted to negligence.
  5. Duty to avoid conflict of interest: A lawyer is forbidden from representing conflicting interests. See section 17 of the RPC which clearly prohibits a lawyer from representing two clients whose interests conflict, without the consent of both clients. Even with consent, it is essential that the lawyer remains impartial. Conflicts of interest can arise in various ways, such as representing a new client whose legal issue conflicts with the interest of an existing or former client. See the case of Otokhina v Military Governor of Edo State (1995) 2 NWLR (Pt. 380) 1 where the court held that a lawyer who represents conflicting interests without adequate disclosure and consent breaches professional ethics.
  6. Duty of accountability: A lawyer has a fiduciary duty to account for any money or property entrusted to them by the client. This means that the lawyer must not misappropriate client funds or property. See section 24 of the RPC which mandates that a lawyer must maintain proper records and account for any monies held on behalf of the client. Misappropriation or misuse of client funds can lead to disciplinary actions, including disbarment. See the case of Gbadamosi v Dairo (2007) 3 NWLR (Pt. 1021) 282 where the court affirmed that lawyers have a strict duty to handle client funds responsibly and provide full accounting upon request.
  7. Duty to follow client’s instructions: A lawyer is required to follow the lawful instructions of their client. While a lawyer can provide advice based on their expertise, they must ultimately follow the client’s decision on how to proceed in the matter, as long as it does not involve unethical or illegal conduct. See section 20 of the RPC which provides that a lawyer should act in accordance with the client's lawful instructions and refrain from making decisions without the client’s authority. See the case of Narelli Int’l Ltd v Nigerian Export Promotion Council (1999) 12 NWLR (Pt. 632) 307 where the court reiterated that a lawyer must act based on the client’s instructions unless those instructions are illegal or unethical.
  8. Duty to represent the client with zeal: A lawyer is required to represent the client with vigor and zeal, within the bounds of the law. This means advocating strongly for the client’s rights and interests in court or negotiations, without fear or favor. See section 15 of the RPC which calls for zealous representation, provided the lawyer remains within the ethical limits of the law. See the case of Nwobodo v Onoh (1984) 1 SCNLR 1 where the court underlines the importance of a lawyer’s duty to represent their client zealously, highlighting the need for vigorous advocacy while maintaining ethical standards.

CONCLUSION

The duties that lawyers owe to their clients in Nigeria are clearly articulated in both the rules of professional conduct and judicial pronouncements. These duties ensure that lawyers maintain professionalism, integrity, and competence in representing their clients. Breaching any of these duties may result in disciplinary action, including fines, suspension, or disbarment. Therefore, it is essential for legal practitioners to be fully aware of and adhere to these obligations in their day-to-day practice.