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Ethics > Overview Of RPC > Flashcards

Overview Of RPC Flashcards

1
Q

What is the RPC?

A

The Rules of Professional Conduct for Legal Practitioners, 2007 (RPC) contains the norms, ethics, and ethos of the legal profession in Nigeria.

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2
Q

What are the consequences of failing to observe the RPC?

A

Failure to observe these Rules may lead to the clutches of the Legal Practitioner Disciplinary Committee (LPDC).

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3
Q

How are the RPC rules divided for understanding?

A

The rules are divided into four parts: Duties of Counsel to the Legal Profession, Duties of Counsel to his Client, Duties of Counsel to his Professional Colleagues, and Duties of Counsel to the Court.

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4
Q

What is the general responsibility of a lawyer under RPC?

A

A lawyer must uphold the Rule of Law, maintain a high standard of professional conduct, promote the course of justice, and not engage in conduct unbecoming of a Legal Practitioner.

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5
Q

What does Rule 2 of the RPC state?

A

A lawyer shall not knowingly admit into the profession anybody who is unsuitable for admission by reason of his moral character or insufficient qualification.

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6
Q

What does Rule 3 of the RPC prohibit?

A

Rule 3 prohibits aiding in the unauthorized practice of law and sharing professional fees with a non-lawyer.

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7
Q

What does Rule 4 of the RPC emphasize?

A

Rule 4 emphasizes the avoidance of intermediaries in legal practice; a Legal Practitioner should communicate directly with the client.

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8
Q

What prohibitions are outlined in Rule 5 of the RPC?

A

Rule 5 prohibits practicing or partnering with a non-lawyer and practicing law as a corporation or company.

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9
Q

What happens if a partner in a law firm is elevated to a judicial officer?

A

The partner must cease from being a partner, and their name must be removed from the partnership.

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10
Q

What does Rule 6 of the RPC state about retired judicial officers?

A

A retired judicial officer cannot practice as a barrister nor sign any court process.

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11
Q

What is the restriction on legal practitioners in active practice under Rule 7?

A

A legal practitioner in active practice cannot practice any other profession or engage actively in business, except as a shareholder in a company.

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12
Q

What is the rule regarding salaried lawyers representing employers?

A

Rule 8 states that lawyers in salaried employment cannot represent their employers.

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13
Q

What is the deadline for payment of practicing fees according to Rule 9?

A

Practicing fees must be paid on or before the 31st of March yearly and within one month of enrollment for new wigs.

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14
Q

What is required of a legal practitioner when filing documents in court as per Rule 10?

A

A legal practitioner must affix his official Seal and Stamp approved by the Nigerian Bar Association on all processes filed before the Court.

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15
Q

What must a lawyer do when establishing a new office according to Rule 13?

A

A lawyer must notify the NBA branch where the office is located within 30 days, stating the names and number of lawyers, their date of call to the bar, and the exact address.

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16
Q

What is the duty of lawyers to their clients as per Rule 14?

A

Lawyers have a duty of dedication and devotion to the cause of a client.

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17
Q

What does Rule 15 of the RPC require from lawyers?

A

Lawyers must represent clients within the bounds of the law.

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18
Q

What is the consequence of failing to represent clients with diligence?

A

Failure to do so may result in the lawyer being liable in negligence.

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19
Q

What are the exceptions where a lawyer will not be liable for negligence?

A

Exceptions include acts done infacie curiae and cases handled without collecting fees.

20
Q

What does Rule 17 of the RPC address?

A

Rule 17 addresses the avoidance of conflict of interest.

21
Q

What is the client’s freedom regarding legal representation as per Rule 18?

A

A client has the freedom to choose their legal practitioner and may terminate their brief at any time.

22
Q

What does Rule 19 of the RPC state about client confidentiality?

A

Lawyers must maintain confidentiality of client’s secrets, with specific exceptions.

23
Q

What are the exceptions for disclosing client secrets?

A

Exceptions include preventing a crime, client consent, court order, collecting fees, and defending against wrongful conduct.

24
Q

What does Rule 20 of the RPC state about lawyers acting as witnesses?

A

Lawyers have a duty not to act as witnesses for their clients, with specific exceptions.

25
Q

What must a lawyer do before withdrawing from a client’s matter as per Rule 21?

A

A lawyer must give reasonable notice to the client and notify the court of withdrawal.

26
Q

What are the duties of lawyers upon withdrawing from a suit?

A

Duties include giving notice to the client, notifying the court, refunding unearned fees, and returning documents.

27
Q

What does Rule 22 of the RPC state about accepting briefs?

A

A lawyer shall only accept briefs at his law office unless special circumstances prevent the client from coming.

28
Q

What are the exceptions to Rule 22 regarding client meetings?

A

Exceptions include when the client is sick, in police custody, or extremely old.

29
Q

What is the lawyer’s responsibility regarding client property as per Rule 23?

A

A lawyer must account for all properties or money of the client and avoid mixing them with personal funds.

30
Q

What does Rule 24 of the RPC state about accepting briefs?

A

A lawyer has a duty to accept a brief in the court where he practices, subject to payment of proper fees.

31
Q

What is the duty of lawyers to their professional colleagues as per Rule 26?

A

Lawyers have a duty of fellowship and fairness among themselves.

32
Q

What does Rule 27 of the RPC prohibit?

A

Rule 27 prohibits encroaching on the employment of another lawyer and requires observing undertakings given to colleagues.

33
Q

What does Rule 28 of the RPC state about associating in a matter?

A

Lawyers have a duty to associate in a matter unless it is objectionable to any.

34
Q

What does Rule 29 of the RPC state about changing counsel?

A

A client can change counsel at any time, but the new counsel owes obligations to the old counsel.

35
Q

What are the obligations of a new counsel upon change of counsel?

A

Obligations include notifying the former lawyer, ensuring fees are paid, and notifying the court of the change.

36
Q

What is the lawyer’s duty to the court as per Rule 30?

A

A lawyer is an officer of the Court and must observe the Rule of Law.

37
Q

What is the duty of punctuality for lawyers?

A

A lawyer should be in court at least 30 minutes before the court sits.

38
Q

What is the duty to conduct a case logically?

A

Lawyers must conduct their case in a logical sequence to assist the court.

39
Q

What does Rule 31 of the RPC require regarding dealings with the court?

A

Lawyers must be candid and fair in dealing with the Courts and comply with any undertakings given.

40
Q

What is prohibited under Rule 33 of the RPC?

A

Lawyers must not cite wrong or outdated legal authorities or make extra-judicial statements to prejudice a fair trial.

41
Q

What does Rule 34 of the RPC state about relations with judges?

A

Lawyers must not relate with the Judge to seek favor.

42
Q

What are the courtroom decorum requirements under Rule 36?

A

Lawyers must stand when addressed by the Judge, be properly dressed, and not engage in arguments with opposing lawyers.

43
Q

When can a lawyer use robes outside the courtroom?

A

A lawyer may use robes during the opening of the legal year, lying in state of judicial officers, law school dinners, and call to bar ceremonies.

44
Q

What is the duty to prevent unfit persons from entering the profession?

A

Lawyers must prevent the admission of unfit and unqualified persons into the legal profession.

45
Q

What does Rule 2 of the RPC state about unauthorized practice?

A

Lawyers must not aid unauthorized practice of law or involve unqualified persons.

46
Q

What is the implication of non-compliance with RPC duties?

A

Non-compliance is considered professional misconduct and may lead to discipline by the LPDC.

Ethics (8 decks)

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