UNIT 5

AID TO CLEARNESS AND ACCURACY IN LEGAL PRACTICE

Clearness and accuracy are essential qualities in legal practice. A legal practitioner must ensure that their communication, whether in writing or orally, is clear, precise, and free of ambiguity. This obligation is rooted in the lawyer's professional duty to the client, the court, and the overall legal system. See the case of Olayemi v Opeyemi (1992) 6 NWLR (Pt. 249) 552 where the court criticized the ambiguous drafting of the pleadings, which led to confusion during the trial process. The case serves as a reminder of the importance of clarity and precision in legal writing and the case of Ademola v Akinyemi (2008) 11 NWLR (Pt. 1097) 470 where the court pointed out that misinterpretation of statutes due to unclear language affected the outcome of the case. This highlights how a lack of clarity can lead to incorrect legal decisions. The elements of clearness and accuracy includes the following:

1. Concise language: Legal documents should be concise and avoid unnecessary jargon or legalese that may confuse the reader. It is crucial to use simple and direct language wherever possible. See the case of Itauma v Akpe-Ime (2000) 12 NWLR (Pt. 680) 156 where the court emphasized the need for legal practitioners to present their cases with clarity and precision to avoid misleading the court and other parties.
2. Use of plain language: Legal practitioners should prefer plain language over overly complex phrases. Complex drafting can lead to misunderstandings and misinterpretations. See section 66(1) of the evidence act 2011 which allows the court to give meaning to a document according to the plain and ordinary meaning of the words used.
3. Accuracy in facts and law: Ensuring that facts and legal principles are presented accurately is another critical aspect. An inaccurate statement of fact or misapplication of law can have serious repercussions. See the case of Amadi v NNPC (2000) 10 NWLR (Pt. 674) 76 where the supreme court warned against the misrepresentation of facts by legal practitioners, highlighting the importance of precision in legal arguments.
4. Structured writing: Legal documents must be structured logically, with clear headings and subheadings where necessary. This ensures that the reader can easily follow the flow of the argument or information being presented. See rule 35 of the RPC which requires legal practitioners to submit documents that are clear and orderly, supporting clearness and accuracy in legal submissions.
5. Use of correct citations: Correctly citing legal authorities and statutes is crucial to the clarity and accuracy of legal arguments. Misquoting a case or citing an incorrect statute can mislead the court and other parties. See the case of Garba v University of Maiduguri (1986) 1 NWLR (Pt. 18) 550 where the court emphasized that reliance on incorrect legal citations compromises the integrity of legal practice.

DUTY TO THE CLIENT

A lawyer’s duty to the client includes providing legal advice and representation that is understandable and accurate. See rule 14(1) of the rules of professional conduct for legal practitioners 2007 (RPC) which mandates a lawyer to competently represent a client, and competence includes effective communication. Clearness and accuracy in legal drafting or advice ensure that the client understands their rights, obligations, and the potential outcomes of a legal action.

DUTY TO THE COURT

A lawyer is also obliged to assist the court in the just and efficient administration of justice. See rule 32 of the RPC which requires a lawyer to conduct themselves with dignity and ensure that their submissions, pleadings, and arguments are clear and devoid of misleading or incorrect statements. Any ambiguity or error in the presentation of facts or arguments can lead to delays, confusion, or even injustice.

PROFESSIONAL ETHICS ON CLEARNESS AND ACCURACY

Clearness and accuracy are ethical obligations under rule 15 of the RPC which requires that lawyers maintain integrity and candor in all their dealings. Inaccurate or unclear communication may be seen as dishonesty or incompetence, which could attract disciplinary action by the legal practitioners disciplinary committee (LPDC). In legal drafting, especially in the preparation of contracts, agreements, and pleadings, clearness and accuracy are paramount. A poorly drafted agreement can result in disputes or a loss of legal rights. See section 4 of the interpretation act which encourages a clear and logical interpretation of legal documents, which underlines the necessity of clarity and accuracy in drafting.

CONCLUSION

A lawyer’s ability to communicate with clearness and accuracy reflects on their competence and professionalism. By adhering to the principles of plain language, factual accuracy, structured writing, and correct citation, legal practitioners can ensure that they fulfill their duties to the client, the court, and the legal system effectively. Failure to meet these standards could lead to professional consequences. See the case of Amadi v NNPC and Garba v University of Maiduguri.