AN ETHICAL DILEMMA (REAL) | NIGERIAN LAW SCHOOL EXTERNSHIP PROGRAMME



TITLE PAGE:  NIGERIAN LAW SCHOOL EXTERNSHIP
PROGRAMME

HEADING:                   AN ETHICAL DILEMMA (REAL)

            The general responsibility of a lawyer is provided in Rule 1 of the Rules of Professional conduct in the legal profession to uphold and observe the rule of law and also foster the cause of justice. This, he must observe without fear and favour, in order not to engage himself in any conduct which is unbecoming of a legal practitioner.

            The relationship of a lawyer in dealing other persons or institution in the society can be divided into three as stipulated by the Rules of professional conduct. These are: his relationship with clients, relationship with other lawyers and his relationship with the Court. A summation of the above relationship is to the effect that a lawyer should be a minister in the temple of justice. It is in the light of the above relationship that this easy will be considered.
            A lawyer as a minister in the temple of justice according to rule 14 of the RPC should be dedicated and devoted to the cause his client. This he should discharge by handling the case of his client with almost dedication, in the case of the STATE V GODWILL HASSAN, one of the cases I witnessed during my Court Attachment, the State Counsel  exhibited incompetence as for as that matter was concerned. I was surprised when the judge informed other lawyers in Court that the 10 different dates given to the state counsel was vacated at the instance of the state counsel. It was discovered that since the case started that the State counsel never fielded any witnesses. On the particular day in Court, he told the court the investigation police officer had refused to come and testified. I was surprised to hear this, because he should have served a witness summon on him and see if he will disobey an order of the court. A lawyer is also expected to represent his client competently and within the bound of law among others.
            Also, a lawyer as officers of Court shall conduct himself in a manner that will not obstruct the administration justice. He should also be fair and candid to the court and maintain Court decorum. That is say he should conduct himself with decency and decorum whenever he is addressing the court. These also, include dressing properly and observing the code of behaviour of the court. In one of the case I witnessed in Court, a lawyer in that matter asked the judge when the cross examination done by another lawyer in matter will come to an end, because he was tired. This is absolutely wrong, because the way and manner in which cases are conducted in Court is at the discretion of the Court. The judge however, being a human got angry and seriously admonished the lawyer. It was discovered in the course of admonishing the lawyer that he was not properly dressed and the judge ordered him out of the court.
            Finally, a lawyer should have a good relationship with his fellow lawyers. He should treat them with farness and dignity and should also observe good faith and fairness in dealing with other lawyers. The way and manner lawyers addressed and denied undertakings with each other while in Court made many persons to ask many questions, for instance, in the case of DANIEL DOKUBO, the defendant’s counsel denied an agreement to settle out of Court he made with my principal. The law profession is a noble one and lawyers should exhibit this both in Court and outside the Court. During my court placement, I discovered that 60% of the lawyers in that jurisdiction lack the above qualities. In one occasion, a lawyer addressed his fellow counsel thus “sit down my friend if u don’t have anything reasonable to say”. This is absolutely wrong and does not show fellowship among lawyers.
            In all, from the above synopsis, it can be said that many lawyers do into observe the rules of professional conduct in the legal profession. Also that lawyers can do anything in order to win a case. This was evident when a lawyer forged the death certificate of his client when in fact; the client is still alive and hanging around the court promises that particular day.     
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