PROFESSIONAL DISCIPLINE OF LP

Question 1

What are examples of professional offences?

Answer 1

1. Infamous conduct in a professional respect
2. Conviction by any court in Nigeria having power to award imprisonment for an offence which is incompatible with the status of a legal practitioner.
3. Obtaining enrolment by fraud
4. Conducts incompatible with the status of legal practitioners.

Question 2

What is infamous conduct in a professional respect?

Answer 2

Section 12(1) (a) as amended:
• Infamous conduct is a conduct which will be regarded as reasonably disgraceful and dishonorable by other members of the legal profession or which will bring the legal profession into disrespect.

Question 3

What happens where an infamous conduct amounts to a crime?

Answer 3

-The LPDC(professional disciplinary procedure) cannot try such person until criminal prosecution has been brought against him.

Question 4

Exceptions to the general rule that LPDC cannot try a criminal offense?

Answer 4

-Where the accused person has admitted.
-Where the professional misconduct alleged of does not show an element of a crime.-NDUKWE V LPDC

Question 5

What are convictions for conducts incompatible with the status of a legal of a legal practitioner?

Answer 5

1. Where he has been convicted by a court of competent jurisdiction in Nigeria
2. Where the conviction was for an offense which amounts of infamous conduct in a professional respect
3. Whether an appeal is pending/if the time for appeal has elapsed.
   S 12(1)b LPA

Question 6

What is obtaining enrollment by fraud?

Answer 6

Where a person obtained enrolment by a misrepresentation of facts and if the true facts had been known he would not have been enrolled.
S 12(1)C LPA

Question 7

What are CONDUCTS INCOMPATIBLE WITH THE STATUS OF LEGAL PRACTITIONERS?

Answer 7

S 12(2) LPA

The distinguishing feature between this offence and infamous conduct is that infamous conduct must be committed in the course of acting in his professional capacity, while this offence can be committed whether in the course of professional employment or not

Question 8

What remedy is available to a client that wants to bring an action for discipline of a legal practitioner?

Answer 8

The complainant shall make his complaint in writing(originating Application) to any of the following persons provided by law.
1. Chief Justice of Nigeria
2. President Court of Appeal
3. AG FED/STATE
4. Chairman of BOB
5. Chairman of NBA
6. LPDC

Question 9

What are the steps that the LPDC or other relevant disciplinary committee will take to discipline a Legal practitioner?

Answer 9

1. The relevant body that received the complaint(usually the NBA) will forward it to the Secretary of the LPDC within 30 days together with all the relevant documents If finding of a case/prima facie case is made.
2. the secretary of the LPDC shall serve the respondents with copies of the documents
3. The respondents shall enter appearance
   4 LPDC will hear both parties and give its decisions/directions

Question 10

Punishment for professional conduct?

Answer 10

1. strike out the erring lawyer’s name from the roll
   2.Suspend the lawyer from practicing for a specified period of time
2. Admonition or caution the lawyer
3. Order that the lawyer return the money in his possession

Question 11

In what situations is the LPDC unable to order the striking off of an erring legal practitioner’s name?

Answer 11

Where the conduct is not compatible with the status of a Legal practitioner.

Question 12

Conditions for restoration of a Legal practitioner’s name on the roll?

Answer 12

1. Gravity of offence
2. Whether there is sufficient evidence of genuine remorse shown by the applicant in the period between the striking off of his name and the submission of the application
3. Conduct of the erring practitioner during this period-If he is now fit and proper.
4. In cases of suspension, the length of time since suspension.

Question 13

What can an aggrieved person who is objecting to his name being struck off the roll do?

Answer 13

He may appeal to the supreme court within 28 days

Question 14

Difference between Legislative Process and Legislative Drafting?

Answer 14

1. Legislative process involves passing a bill into law while legislative drafting involves producing a bill.
2. The result of legislative process is an Act or Law, while the result of legislative drafting is a Bill.
3. The legislature is involved in legislative process, while the draftsmen are involved in legislative drafting.
4. The legislative drafting must be by a lawyer, while the legislator need not be a lawyer.