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.