RPC Flashcards

1
Q

Rule 1

A

General responsibility of a lawyer.

  1. A lawyer shall uphold and observe the rule of law, promote and foster the course of justice, maintain a high standard of professional conduct, and shall not engage in any conduct which is unbecoming of a legal practitioner.
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2
Q

Rule 5 (2)

A

Association for Legal Practice

(2) The name of a deceased or former partner may continue to be used as part of the name of a law firm, provided it does not lead to an imposition or deception through the continued use of the name.

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3
Q

Rule 6

A

Retirement from judicial position or public employment.

A judicial officer who has retired shall not practice as an advocate in any Court of law or judicial tribunal in Nigeria.

N.B: This excludes a Magistrate per the CFRN

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4
Q

Rule 8

A

Lawyers in salaried employment

A lawyer, whilst a servant or in a salaried employment of any kind, shall not appear as advocate in a court or judicial tribunal for his employer except where the lawyer is employed as a legal officer in a Government department

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5
Q

Rule 9

A

Practicing Fees.

A lawyer shall pay his Annual Practicing Fees not later than 31st March in every year.

New wigs shall pay N5000 within one month of the enrolment.

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6
Q

Rule 14

A

Dedication and devotion to the cause of the client

It is the duty of a lawyer to devote his attention, energy and expertise to the service of his client and subject to any rule of law, to act in manner consistent with the best interest of the client.

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7
Q

Rule 15 (1)

A

Representing client within the bounds of the law.

In his representation of a client, a lawyer may refuse to aid or participate in conduct that he believes to be unlawful even though there is some support for an argument that the conduct is legal.

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8
Q

Rule 15 (3)(a)

A

Corrupting Judicial Officers

(a) give service of advise to the client which he knows or ought reasonably to know is capable of causing disloyalty to, or breach of, the law, or binging disrespect to the holder of a judicial office, or involving corruption of holders of any public office

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9
Q

Rule 16

A

Representing a client competently.

A lawyer shall not handle a legal matter which he knows or ought to know that he is not competent to
handle, without associating with him a lawyer who is competent to handle it unless the client objects.

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10
Q

Rule 17 (1)

A

Conflict of Interest

A lawyer shall, at the time of the retainer disclose to the client all the circumstances of his relations with the parties, and any interest in or connection with the controversy which might influence the client in the selection of the lawyer.

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11
Q

Rule 17(2)

A

Except with the consent of his client after full disclosure, a lawyer shall not accept a retainer if the exercise of his professional judgment on behalf of his client will be or may reasonably be affected by his own financial, business, property, or personal interest.

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12
Q

Rule 17 (5)

A

A lawyer shall not appear as counsel for a client in legal proceedings in which the lawyer is himself a party.

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13
Q

Rule 19

A

All oral or written communications made by a client to his lawyer in the normal course of professional employment are privileged.

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14
Q

Rule 19 (3) (a)

A

A lawyer may reveal-

confidences or secrets with the consent of the client or clients affected, but only after a full disclosure to them.

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15
Q

Rule 19 (3) (c)

A

A lawyer may reveal confidences or secrets where his client intends to commit a crime and the information is necessary to prevent it.

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16
Q

Rule 19 (3) (d)

A

A lawyer may reveal confidences in order to collect his fees or defend himself against accusation of wrongful conduct.

17
Q

Rule 21

A

Withdrawal from employment.

A lawyer shall not abandon or withdraw an employment once assumed except for good cause.

Good cause includes where there is a conflict of interest, the client insists on a unjust immoral cause.

18
Q

Rule 22

A

Call at client’s house or place of business.

A lawyer shall not call at a client’s house or place of business for the purpose of giving advice to, or taking instruments from, the client except in special circumstances.

Special Circumstances:

The client is ill
The client is old
The client is in custody

19
Q

Rule 23(1)

A

Dealing with client’s property.

A lawyer shall not do any act whereby for his personal benefit or gain he abuses or takes advantage of the confidence reposed in him by the client.

20
Q

Rule 23 (2)

A

(2) Where a lawyer collects money for his client, or is in position to deliver property on behalf of his client, he shall promptly report, and account for it and shall not mix such money or property with or use it as, his own.

21
Q

Rule 24

A

The Cab Rank Rule
(1) It is the duty of a lawyer to accept any briefs in the Court in which he professes to practice provided the proper professional fee is offered unless there are special circumstances which justify his refusal.

22
Q

Rule 26 (1)

A

Fellowship and Precedence

(1) Lawyers shall treat one another with respect, fairness, consideration and dignity, and shall not allow any ill-feeling between opposing clients to influence their conduct and demeanor towards one another or towards the opposing clients.

23
Q

Rule 26(2)

A

Lawyers shall observe the rule of precedence.

24
Q

Rule 27

A

Good faith and fairness

A lawyer is expected not to take undue advantage of a predicament of the opposing lawyer.

25
Q

Rule 29

A
  1. (1) Where a client changes is lawyer on a pending matter, the new lawyer shall :
    a. promptly give notice the former lawyer; and
    b. use his best endeavours to ensure that the former lawyer is paid his earned fees.
26
Q

Rule 31

A

Duty of lawyer to court and conduct in Court

A lawyer shall always treat the Court with respect, dignity and honour

27
Q

Rule 33

A

A lawyer or law firm engaged in or associated with the prosecution or defence of a criminal matter, or associated with a civil action shall not, while litigation is anticipated or pending in the matter, make or participate in making any extra- judicial statement that is calculated to prejudice or interfere with, or is reasonably capable of prejudicing or interfering with, the fair trial of the matter or the judgment or sentence thereon.

28
Q

Rule 31

A

Duty of lawyer to court and conduct in Court

A lawyer shall always treat the Court with respect, dignity and honour

29
Q

Rule 33

A

A lawyer or law firm engaged in the defence of a criminal matter or civil matter shall not make or participate in making any extra-judicial statement that is calculated to prejudice or interfering with the fair trial of matter.

30
Q

Rule 36

A

Courtroom Decorum

When in the courtroom, a lawyer shall -
(a) be attired in a proper or dignified manner and shall not wear any apparel or
ornament calculated to attract attention to himself

31
Q

Rule 36

A

Courtroom Decorum

When in the courtroom, a lawyer shall -
(a) be attired in a proper or dignified manner and shall not wear any apparel or
ornament calculated to attract attention to himself

32
Q

Rule 39

A

A lawyer may engage in any advertising or promotion in connection with his practice of the law, provided:

(a) it is fair and proper in all the circumstances
(b) it complies with the provisions of these Rules

(2) A lawyer shall not engage or be involved in any advertising or promotion of his practice of the law which –
(a) is inaccurate or likely to mislead;
(b) is likely to diminish public confidence in the legal profession, or the Administration of
Justice, or otherwise bring the legal profession into disrepute;
(c) makes comparison with or criticizes other lawyers or other professions or professionals

33
Q

Rule 39(3)

A

A lawyer shall not solicit.

Certain conducts are however, permissible:
Notepapers, envelopes and visiting cards

Signs and notices

Books and articles

Change of Address

34
Q

Rule 47

A

Instigating controversy or Litigation

A lawyer is guilty of instigating litigation when without being consulted, he encourages strife or advises a party who is involved in strife to take legal action in court.

He may however offer advise to relations

35
Q

Rule 45

A

Lawyer’s robes

(1) Except with the permission of the Court, a lawyer appearing before a High court, the Court of Appeal or the Supreme Court shall do so in his robes.

36
Q

Rule 50 (4)

A

Contingent fee arrangement

A lawyer shall not enter into a contingent fee arrangement without first having advised the client of the effect of the arrangement and afforded the client the opportunity to retain him under an arrangement whereby he will be compensated on the basis of a reasonable value of his services.