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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
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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.
27
Q

What are the exclusive rights of a Legal Practitioner?

A
  1. The right to make a statutory declaration of compliance-S 40(3) CAMA
  2. Right to prepare conveyance documents for landed properties for a fee
  3. Right to become a Notary public-7 years proof of payment of annual practicing fee
  4. Right to be appointed as a SAN-10 years post call, S 5 LPA
  5. Right to be appointed as a judicial officer-S 318 CFRN
  6. Right to appear before a court of competent jurisdiction
  7. Right to apply for probate
  8. Right to be appointed as an AG
  9. Right to be appointed as Registrar General of CAC
28
Q

Rights of Privilege Law Officers?

A
  1. Right to mention any motion in which he is appearing out of turn on the cause list
  2. Right to sit in the inner bar
  3. Right to wear silk and robes
    SEC 6(1-3)LPA
    Applicable to SANs, LIFE MEMBERS OF BOB, AGs, Solicitor-General of the Fed
29
Q

Restrictions of SANs?

A
  1. They shall not appear in a civil case without a junior lawyer or another SAN
  2. A SAN is not to draft any instrument where he will charge below N400
  3. A SAN shall not appear in any inferior court(except for pro bono cases). They cannot also file and sign processes to be used in such courts
30
Q

Restrictions of Lawyers?

A
  1. Engaging in business-RULE 7
  2. Salaried employment-RULE 8
  3. Practicing fee-RULE 9
  4. Seal and Stamp-RULE 10
  5. Mandatory Continuing Professional Development Programme-RULE 11
  6. Retired Judicial officer-RULE 6
  7. Notification of Legal practice-RULE 13
31
Q

Restrictions on a retired judicial officer?

A

He shall not act as an advocate in any matter in which he presided over.

He shall not appear or act as a legal practitioner before any court of law or
tribunal in Nigeria.
He can however represent himself in proceedings.
SEC 292(2) CFRN

32
Q

What happens when a Legal practitioner has not paid his annual practicing fee?

A

Failure to pay before 31st of March for old wigs
One month after enrollment for new wig.
-He will not have right of audience in court
RULE 9 RPC, SEC 8(1) & (2) LPA

33
Q

What are the restrictions NBA STAMP AND SEAL?

A

RULE 10
Cannot file any documents without affixing the nba stamp or seal.

34
Q

What are the restrictions on salaried employment?

A

RULE 8
Cannot appear as a counsel for your employees except such counsel works in the legal department of a government organization.

35
Q

What are the restrictions of Lawyers engaging in business?

A

RULE 7 RPC
-Cannot engage in buying or selling of commodities or trading of goods.
WITHOUT THE AUTHORITY OF THE GENERAL COUNCIL OF THE BAR

-However he is allowed to be a shareholder, director or secretary of a company.

36
Q

Conditions that must be fulfilled for notification of legal practice?

A

RULE 13

A LP shall not later than 30 days after the commencement of such practice deliver to the Branch of the NBA in the jurisdiction a Notice in the prescribed form stating:

  1. Name of Lawyer
  2. Name of Address of the firm
  3. The date his name was enrolled in the roll
  4. The date of his call to bar.
37
Q

Conditions that must be fulfilled for notification of legal practice?

A

RULE 13

A LP shall not later than 30 days after the commencement of such practice deliver to the Branch of the NBA in the jurisdiction a Notice in the prescribed form stating:

  1. Name of Lawyer
  2. Name of Address of the firm
  3. The date his name was enrolled in the roll
  4. The date of his call to bar.
38
Q

What are the ways of impersonating a Legal Practitioner?

A
  1. Appearance in court
  2. Preparation of land instruments for a fee
  3. Usage of title exclusive to the profession
  4. Affixing of the NBA membership stickers etc
    ** Section 22 LPA**
39
Q

How to announce Appearance?

A

May it please this Honourable Court, i am Joyce Irabor, Lead Counsel to the Defendant and with me are, Elijah Daniel and Dami Lola. We humbly announce our appearance for the Defendant/s in this matter.

40
Q

Loyal Toast for the bar dinner?

A

Ladies and gentlemen, may i request everyone to rise with charged glasses
As we are all aware, the Federal Republic of Nigeria is a land overflowing with resources blessed by Almighty God, the most populous black nation in the world.
It is indeed a singular privilege to be citizens of this blessed nation.
Proposal of the toast, proper: May we now toast - “To the Federal Republic of Nigeria” Others respond: “To the Federal Republic of Nigeria”.

41
Q

Who are THOSE ENTITLED TO PRACTICE IN PARTICULAR PROCEEDINGS (BY WARRANT?

A

S 2(2) LPA
1. An application for warrant may be made to the CJN by a person or on behalf of such person
2. The CJN is duly satisfied that he is entitled to practice in a country with similar legal system in Nigeria
3.The CJN may issue a warrant under his hand authorizing such person to practice for the purpose of a particular proceedings.
Such person must be without any legal disability

42
Q

can a public servant engage in private practice?

A

A public officer shall not except where he is not employed on full time basis, engage or participate in the management or running of any private business

PROFESSIONAL ETHICS (13 decks)

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