UNIT 9

ADVOCACY PRACTICE

Advocacy practice refers to the art of presenting and arguing cases in courts, tribunals, or any adjudicating body. For lawyers, advocacy is an essential skill that requires a deep understanding of the law, ability to marshal facts, and effective communication. In Nigeria, advocacy practice is governed by rules that ensure professionalism, discipline, and the delivery of justice. Advocacy involves both written and oral submissions. Lawyers must be familiar with the procedures of courts or tribunals and be competent in drafting legal documents, formulating arguments, and presenting them coherently. The basic principles of advocacy practice includes the following:

1. Preparation: Effective advocacy starts with thorough preparation. A good advocate must research the law, understand the facts of the case, and prepare relevant arguments to advance their client’s case. Lack of preparation may lead to a loss of credibility before the court.
2. Legal knowledge: A sound knowledge of the law and legal principles applicable to the case is fundamental. A lawyer must be able to interpret relevant statutes, cases, and judicial precedents to support their argument. See rule 14(1)(c) of the rules of professional conduct for legal practitioners, 2007 (RPC) which mandates lawyers to maintain competence in legal practice.
3. Effective communication: The ability to communicate clearly and persuasively is vital in advocacy practice. Whether making oral arguments or drafting legal documents, clarity, precision, and persuasion are critical. Lawyers must avoid ambiguity and ensure their submissions are understandable to the court or tribunal.

ETHICAL REQUIREMENTS IN ADVOCACY PRACTICE

Advocacy is not just about winning cases, it is about doing so within the confines of the law and ethical rules. Nigerian lawyers are bound by the rules of professional conduct for legal practitioners, 2007 (RPC) which outlines the ethical standards to be upheld. The ethical requirements in advocacy practice includes the following:

1. Duty to the court: A lawyer’s primary duty in advocacy is to the court, as the court is the instrument of justice. Lawyers must not mislead the court or present false evidence. See rule 32 of the RPC which provides that a lawyer shall not deliberately misstate the contents of a document or statute and the case of Okike v. LPDC (2005) 15 NWLR (Pt. 949) 471 where the supreme court emphasized that lawyers must not engage in conduct that misleads the court, as doing so can result in severe disciplinary actions.
2. Duty to the client: While a lawyer owes a duty to the court, they must also be diligent in representing their client. See rule 14 of the RPC which provides that a lawyer must act in the best interest of the client, providing competent and honest representation. However, this duty must be exercised within the limits of the law. A lawyer must not take instructions that would result in violating legal ethics, even if instructed by the client.
3. Avoidance of conflict of interest: A lawyer must avoid conflicts of interest that may impair their judgment or loyalty to the client. See rule 17 of the RPC which provides that a lawyer must not act for two opposing parties in the same matter unless both parties give consent after full disclosure. In advocacy, conflicts of interest can erode the credibility of the lawyer and affect the impartiality of the legal system.

ADVOCACY IN COURTROOM PRACTICE

1. Examination of witnesses: The examination of witnesses is a critical aspect of advocacy. There are three types of examination and they includes the following:
   
   1. Examination-in-chief: This is where the lawyer who called the witness asks questions to elicit favorable evidence. Leading questions are not allowed. See section 221 of the evidence act, 2011.
   2. Cross-examination: This is where the opposing counsel questions the witness to challenge the testimony. Leading questions are allowed. See section 223 of the evidence act 2011 and the case of Egbase v. Oriareghan (1985) 2 NWLR (Pt. 10) 884 where the court emphasized that cross-examination should be used strategically to discredit the opponent’s witness.
   3. Re-examination: This is where the lawyer who called the witness may ask questions to clarify points raised during cross-examination.
2. Addressing the court: Oral arguments are central to advocacy practice. Lawyers must be concise and persuasive, summarizing their case and addressing any points raised during trial. This involves the presentation of legal precedents, statutory provisions, and evidence in support of the client’s case. See rule 36 of the RPC which states that lawyers must conduct themselves with decorum and civility during court appearances, avoiding aggressive or disrespectful language.

ETHICAL CONSTRAINTS IN ADVOCACY PRACTICE

There are several ethical rules that lawyers must observe in advocacy and it includes the following:

1. No frivolous claims or defences: Lawyers are prohibited from initiating or defending cases without legal or factual basis. See rule 15 of the RPC which provides that lawyers must not file frivolous lawsuits or present defences they know are unfounded and see also the case of Chief Olufemi where the court reprimanded counsel for presenting frivolous claims that wasted the court’s time.
2. Confidentiality: A lawyer must not disclose information shared by a client during the course of representation. This is critical to maintaining trust and ensuring effective legal representation. See rule 19 of the RPC which emphasizes the need for client-lawyer confidentiality, which extends to both written and oral advocacy.
3. Improper influence: Lawyers must avoid any conduct that improperly influences the outcome of a case. This includes bribery or any form of inducement to witnesses or court officials. See rule 39 of the RPC and it can lead to disciplinary action or disbarment.

CONCLUSION

Advocacy practice in Nigeria is a core skill for every legal practitioner and is governed by both procedural and ethical rules. See the rules of professional conduct for legal practitioners, 2007 and the case of Okike v. LPDC and Egbase v. Oriareghan where the court establish the principles guiding ethical and effective advocacy. Lawyers must adhere strictly to these rules to maintain the integrity of the legal system while ensuring that justice is served in their representation of clients. Effective advocacy requires a combination of legal knowledge, thorough preparation, and ethical responsibility in advancing the cause of justice.