LAWYER’S DUTIES TO THE COURT

LAWYER’S DUTIES TO THE COURT

This is available under Rule 30 to 38 of the Rules of Professional Conduct, 2007.

RESPECT FOR THE COURT

This is provided under Rule 31 and 35.

Rule 31(1) provides thus:

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

Also, Rule 35 provides thus:

            “A lawyer appearing before a judicial tribunal shall accord due respect to it and shall treat the tribunal with courtesy and dignity”.

What both provisions imply is that a lawyer should be respectful to the court, he should be courteous, and maintain a considerate act having the quality of being worthy of esteem or respect.

A lawyer has the duty to appear and represent his client’s case but where he is unable to attend, he should be represented by another lawyer in his chambers. In LSDPC v. Nig. Land and Sea Food Ltd (1992) 5 NWLR (Pt. 244) 653 at 660 – 661, the Supreme Court observed inter alia that a counsel who is unable to attend the court owes the court a duty to arrange for another counsel to hold his brief in court.

However, the lawyer who is unable to attend or be represented has to inform the court of his absence before time. In Udensi v. Odusote (2003) 6 NWLR (Pt. 817) 545, it was held that a counsel should always notify the court of his intended absence; Adeyemi v. Lan and Baker Nig. Ltd. (2000) 7 NWLR (Pt. 663) 33 at 49 CA.  But, a lawyer who fails to appear may be guilty of dereliction (willful negligence) of his duty but not of contempt of court – Oku v. State (1970) 1 All NLR 60.

Thus, it is the duty of the lawyer representing another lawyer to inform the court that he is holding brief on behalf of another lawyer – Falomo v. Bamigbe (1998) 7 NWLR 679.

It should be noted that it is the height of disrespect for a lawyer to walk out of a court that is sitting on the pretext that he is sick. In Magna Maritime Services Ltd v. S. A Oteju (2005) 14 NWLR (Pt. 945) 517, Niki Tobi JSC held inter alia:

“Counsel who is ill or indisposed has a duty to apply for adjournment of the case to enable him seek medical assistance. He has no right whatsoever to walk out on or from the court just like that. That is certainly a rude and unprofessional conduct, unbecoming of a legal practitioner…”

However, in instances where the court makes an unjustified and unpleasant attack on a lawyer, who may find it difficult not to attack, it is advised that he should apply patience coupled with a sense of humour.

RELATIONSHIP TO AND COMMUNICATION WITH THE COURT

This is provided under Rule 34, 31(4) and (5) of the Rules of Professional Conduct, 2007.

Rule 34 provides thus:

            “A lawyer shall not do anything to conduct himself in such a way as to give the impression or allow the impression to be created, that this act or conduct is calculated to gain, or has the appearance of gaining, special personal consideration of favour from a judge.

Rule 31(4) and (5) provides thus:

            “… a lawyer shall not discuss a pending case with a judge trying the case unless the opposing lawyer is present” and “… a lawyers shall not deliver to the judge any letter, memorandum, brief or other written communication without concurrently delivering a copy to the opposing lawyer”.

This means that a lawyer must not attempt to influence the court improperly neither should he show marked affection or unusual hospitality to a judge uncalled for by the personal relations of the parties. For example, a lawyer attempting to discuss a case with the presiding judge alone in chambers or outside the court room. He should also refrain from writing private to the trial judge- Evoyanma v. Daregha (1968) NMLR 389.

However, where such communication about matters in court is very necessary, what is in practice is that the lawyer is to address it to the registrar or clerk of the court, and not to the judge or magistrate. In Onyejike v. Anyasor (1974) WSHC 48, the Court of Appeal observed thus:

“any counsel who considers sending further address to court is well advised to make a copy available to counsel on the other side. In that way, all concerned will be aware of all steps taken in the course of the proceedings”.

Also, a lawyer should not tarnish the name of the judge of a court as this is considered to be a very unserious type of unprofessional conduct. For example, a lawyer who loses a case and puts the blame on a judge by saying that it was because he did not bribe the judge or that the judge is biased. In The State v. The President Ijesha Divisional Grade ‘A’ Customary Court: in re Isaac Oluwaleyimi (1974) WSHC 48, it was held thus:

“The court welcomes fearless advocacy; we will continue to encourage lawyers to work relentlessly to obtain justice, but we detest campaigns of calumny against the judiciary as a whole. The judges will stick to the oath of their office to administer justice without fear or favour, affection or ill-will”.

Rather, it is advised that where a lawyer is dissatisfied with the decision of the court, he is to seek remedy in a higher court, and not to confront the court and take the law into his hands – Aladetoyinbo v. Adewunmi (1990) 6 NWLR (Pt. 154) 98 CA.

CANDID AND FAIR DEALING

This is provided under Rule 32 of the Rules of Professional Conduct, 2007.

Rule 32(1) provide thus:

            “In appearing in his professional capacity before a Court or Tribunal, a lawyer shall not deal with the court otherwise than candidly and fairly”.

This rule went further to state what a lawyer shall disclose; and what a lawyer shall refrain from doing – Rule 32(2) and (3).

UNDERTAKING

This is provided under Rule 33(3) of the Rules of Professional Conduct, 2007.

Rule 33(3) provides thus:

“A lawyer who fails to comply with ay undertaking given by him either personally or on behalf of his client to a court is prima facie guilty of professional misconduct”.

This means that a lawyer at all times is to honour and respect his undertaking to the court.

CONFESSION OF CRIME BY THE CLIENT

This is provided under Rule 37 of the Rules of Professional Conduct, 2007.

This appears to be one of the most difficult duty of a lawyer to the court as he as to do his best in serving his client on one hand, and to discharge his legal duties to the court on the other hand without causing conflict. For example, where a client confesses to a lawyer that he committed a serious offence of murder, but that the lawyer has to defend him in court as being innocent as long as his fees are paid.

The lawyer should however note that he is also a law officer who must assist the court in arriving at what is just. However, the best and honourable thing for a lawyer to do at this stage is to withdraw from the case.

COURT DECORUM

This is provided under Rule 36 of the Rules of Professional Conduct, 2007.

Under Rule 36(a), a lawyer must adhere strictly to the dress code of the court. For the male lawyers, the traditional court dress in the superior courts is dark suit, preferably a dark coat, and white shirt together with the other robes, and black shoes. With regards to the female lawyers, it is a plain coat, and dark or very dark skirts may be worn not higher than the gown, with white blouse, and black shoes. A lawyer should also abstain from wearing apparels or ornament that will attract attention to himself.

Under Rule 36(b), a lawyer in court should conduct himself with decency and decorum, and observe all the customs, conduct and code of behavior of the court with respect to appearance, dress, manners and courtesy.

Under Rule 36(c), the judge or magistrate must be treated with utmost courtesy. Thus, a lawyer must rise when a judge or magistrate arrives in court and remain standing until the judge sits. He should also remain standing until his attention his no longer required whenever a judge is speaking to him or he is addressing the judge – N.I.M.B v. Narindex Trust Ltd. (1998) 3 NWLR (Pt. 582) 404.

Under Rule 36(d) and (e), the court does not encourage rude behaviours or vulgar abuse or unnecessary arguments from a lawyer. What the court expects is skill and arguments that will arrive at what is true and just to the case.

Under Rule 36(f), a lawyer shall not remain within the bar or be robed in a lawyer’s attire when appearing in a case in which he is a witness.

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