LAWYER AS A WITNESS FOR A CLIENT

Under section 173 of Evidence Act, a lawyer is a competent but no compellable witness for his client – Gachi & Ors v. The State (1965) NMLR 39. A lawyer is not to act in any litigation where he or a member of his firm would be or may be called as a witness except where he is to testify to an uncounted matter or as regards to the nature and value of legal services rendered.

WITHDRAWAL FROM EMPLOYMENT – Rule 21

A lawyer can only withdraw from employment, once assumed, for good cause and after reasonable notice to the client.

"Good Cause' includes where the client insists upon an unjust or immoral counsel in the conduct of his case, or if he persists over the lawyer's remonstrances in presenting frivolous defence, or if he deliberately disregards an agreement or obligation as to fees and expenses". Upon withdrawal, lawyer should refund such part of the retainer as has not been clearly earned.

CALLING AT CLIENT’S HOUSE OR PLACE OF BUSINESS – Rule 22

A lawyer has the duty to take instructions from a client in chambers and not the client’s house except for urgent reasons e.g. where the client is ill, where it has to do with family relations, etc.

DEALING WITH CLIENT’S PROPERTY – Rule 23

A lawyer who collects money for his client, or is in position to deliver property on behalf of his client, shall promptly report and account for it and shall not mix such money or property with or use it as, his own.

RESPONSIBILITY FOR LITIGATION – Rule 24

A lawyer has the duty to accept a brief in the court in which the lawyer practices, subject to payment of proper professional fee otherwise called the cab bank rule – Rondell v. worsley (1967) 3 All ER 993. The rule provides that special circumstance may justify his refusal, at his discretion to accept a brief e.g. personal interest, conflicting interest, religious grounds, etc. Refusal on other grounds may be unprofessional conduct. It is therefore his duty to undertake defence of a crime regardless of the guilt of the crime except those of suspicious circumstances e.g. personal interest, non-payment of fees, etc. – Udo v. The State (1988) (Pt. 82) 316; Udofia v. The State (1988) 2 NEEIII.

In the absence of express limitation, an instruction to a lawyer confers upon him the power to do all such things as he considers necessary within the scope of his instructions to obtain the most favourable result for the client. Thus, he can compromise a suit or withdraw an appeal without further reference to his client. He can determine what accommodations to be granted to the opposing lawyer to the exclusion of his client, provided the merits of the case are unaffected and the client is not prejudiced.

The basis of the Counsel's right (not duty) to control incidents of trial is the presumption of the client's confidence in the counsel – Edozien v. Edozien (1993) 1.N.W.L.R. (pt 272) 678 at 693.

INVESTIGATION OF FACTS AND PRODUCTION OF WITNESS, ETC – Rule 25

A lawyer has a duty to thoroughly investigate and marshal out facts stated by client including interview of potential witnesses for his client or for the opposing side. It is inadvisable that counsel should meet his client's witnesses for the first time in court.

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