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PROFESSIONAL ETHICS > History of the Legal Profession > Flashcards

History of the Legal Profession Flashcards

1
Q

What are the three eras in legal profession?

A
  1. 1876-1914
  2. 1914-1962
  3. 1962 till date.
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2
Q

What are the three eras in the legal profession?

A
  1. 1876-1914
  2. 1914-1962
  3. 1962 till date
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3
Q

What are the categories of lawyers in the first stage?

A
  1. Professionally Qualified Lawyers
  2. Those that served as articles in firms
  3. Local Attorneys

SUPREME COURT ORDINANCE OF 1876

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4
Q

Who are Professionally Qualified Lawyers?

A

-A person qualified to practice as a barrister or solicitor either in England, Scotland or Ireland.
-Such person must also belong to one of the four inns
Lincoln’s Inn, Middle Temple, Inner Temple or Gray’s Temple
-Must have fulfilled 12 dinning terms during the course

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5
Q

Who are Those who served Articles?

A

-Any person who has served 5 years continuously in the office of a practicing B/S within Nigeria or the Gold Coast
-He has also passed the examinations set up by persons appointed by the CJN
S 73 SUPREME COURT ORDINANCE

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6
Q

What was the need for allowing non legal practitioners in law practice(articles)?

A
  1. Lack of sufficient lawyers
  2. Due to cultural diversity and the need to allow those accustomed to Nigeria’s culture
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7
Q

Who are Local Attorneys?

A

-Fit and proper and of good moral character, testified to by a Judge, with basic academic qualifications.
-Sat and passed the examination set by the C.J.N to test their general education and knowledge of the new laws of England and the colony.
S 74 SC Ordinance Act

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8
Q

How did the Local Attorneys practice?

A

-They were given a license for 6 months, renewable for another 6 months

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9
Q

What is the second stage and the categories of lawyers in that stage?

A

1914 - 1962
-1914 was the amalgamation of the northern & southern protectorate.
-Only professionally qualified lawyers could practice here as barristers or solicitors.
-It was divided into two stages(1914-1945) and (1945 till date)

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10
Q

Conditions that must be fulfilled to practice as a barrister in the second stage?

A

i. Admitted into to any of the four Inns.
ii. Pass Bar Part I and II examinations organized by such Inn.
iii. 12 dinning terms during the course
iv. Called to the English Bar by the Benchers of either of the four inns of courts.

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11
Q

Conditions that must be fulfilled to practice as a solicitor in the second stage?

A
  1. Articled in a firm for at least 4 years
  2. During articleship, pass Solicitors Part I and final examinations by the Law Society.
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12
Q

What are the other conditions that must be fulfilled to practice law in the second stage?

A

a. read in chambers abroad of a Barrister who is 5 years standing for 1 year
b. Practised in the courts of where he is called.
c. read in chambers in Nigeria of a Barrister who is 10 years standing for 2 years
d. admitted to the bar for the past two years
e. practiced as b or s in any British colony for 2 years.

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13
Q

What are the deficiencies of English Trained Lawyers?

A
  1. They practiced as barristers or solicitors UK & in Nigeria, they were made to practice as both
  2. Lack of appreciation and understanding of Nigerian laws and customs
  3. The Constitution in the Uk was largely unwritten while Nigeria had a written constitution
  4. The UK practiced a unitary system of government while Nigeria had a federal system
  5. The practitioners in Nigeria trained as barristers and they did not acquire a university degree. Only dining terms were compulsory.
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14
Q

What is the composition of the Unsworth Committee of 1959?

A
  1. Regional Attorneys General
  2. Solicitor General of the Federation
  3. The legal secretary of Southern Cameron
  4. and six distinguished legal practitioners
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15
Q

What is the mandate of the Unsworth Committee?

A
  1. To consider and make recommendations for the future of legal education and admission to practice Law,
  2. Right of audience in court
  3. the making of reciprocal arrangement in this connection with other countries.
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16
Q

What are the recommendations of the unsworth committee?

A
  1. Establishment of the CLE
  2. Nigerian Law School be established in Lagos to provide vocational course for aspirants to the bar
  3. Establishment of the first faculty of law in Ibadan
  4. Nigeria should own its own legal system of education
  5. The qualification for admission to legal practice in Nigeria should be a degree in law of any university
  6. Establishment of Nigerian Bar Council
17
Q

When was Law School established?

A

1962!

18
Q

When did NLS commence lectures?

A

January-April 1963

Full academic course happened later that year.

19
Q

What happened in the Third Stage?

A

The establishment of Legal Practitioners Act 1962 and Legal Education Act

20
Q

What is the definition of a legal practitioner under the Legal practitioner Act?

A

A person entitled to practice in accordance with the LPA to practice as a barrister or solicitor either generally or for the purpose of a particular proceedings or by virtue of their office.
SEC 24 LPA

21
Q

Who are those entitled to practice generally?

A

A person shall be entitled to practice generally if, and only if, his name is on the roll of Legal Practitioners kept by the Chief Registrar of the Supreme Court of Nigeria.
SEC 7(1) LPA

22
Q

What are the conditions to be ENROLLED AT THE SUPREME COURT?

A
  1. Must have been called to bar by the benchers
  2. Issued a certificate of call to the Bar to the Registrar
23
Q

What are the conditions to be called to the bar by the benchers?

A
  1. He satisfies the Benchers that he is of good character.
  2. He must have attended 3 BOB dining terms
  3. He must have received a qualifying certificate
  4. He must have paid the required fee
    Sec 4(1) LPA
24
Q

What are conditions to be fulfilled before a Qualifying Certificate can be issued?

A
  1. He must have attended the 3 BOB dinners
  2. He must have at least 75% attendance
  3. He must have passed the required courses from the vocational institute.
    SEC 5 LPA
25
Q

Conditions For Full Exemption from Attendance at the Law School?

A
  1. If he is a Nigerian Citizen
  2. He is qualified to be admitted into the Law School
  3. His qualifying subjects for admission to the Law School include all the core subjects prescribed by the Council of Legal Education
  4. At the time he was qualified to law school, he lost the opportunity to go due to reasons beyond his control.
26
Q

What is the criteria for partial exemption from Bar I?(Foreigners)

A
  1. He has read law in a common law jurisdiction and he has taught in a Nigerian University for a period of not less than 5 years.
  2. He has read law in a non common law jurisdiction and he has taught in a Nigerian University for a period of not
    less than 10 years.

PROFESSIONAL ETHICS (13 decks)

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