Legal Practitioner Client Relationship

Book Review 

Title:          Legal Practitioner Client Relationship

                                    (2nd Edition)

Author:       Geoffrey Uwadiegwu Oputa 

Publisher:   Justice Watch

Hardcover:  ISBN: 978-978-792-776-2 

Number of Pages:    643

First Published:             2012

2nd Edition:                   2022

Name of Reviewer:  Abubakar Sani Esq

Introduction  

A recent welcome addition to Nigeria’s legal literature is the 

“Legal Practitioner Client Relationship” helmed by Geoffrey Uwadiegwu Oputa, himself a counsel (of course!). Made up of three parts, in twenty-one chapters and 643 pages, it takes the reader through the landscape of the unique relationship between legal practitioners and their clients in every area of legal practice – both contentious (litigation) and otherwise.  

 The value of Geoffrey Oputa’s intervention cannot be overstated, as, in the vast majority of cases, almost every Lawyer has had cause to render his or her services to another person (even another Lawyer), whether that person is a fee-paying client or not. This interface is regulated by law, of course, otherwise, it will be a case of anything goes. Regrettably, not all Lawyers have walked the straight and narrow. Accordingly, the profession’s self-regulating institutions have wielded the big stick so often, that news of counsel being sanctioned for professional misconduct seldom raises eyebrows these days.  

  It is for this reason, that any text which shines a light on the do’s and don’ts of Lawyers in their interaction with clients, must be embraced. This includes Geoffrey Oputa’s seminal work. As a Lawyer of 35 years post-call, he writes from a deep pool of knowledge and an uncommon wealth of experience. Let’s dive straight into his offering then, to see if it lives up to its billing. I promise that, you won’t be disappointed. 

Chapter One  

This chapter is essentially introductory, as it lays the foundation for the rest of the book. It provides an overview of the Nigerian legal profession and its history, including the progenitors of the modern counsel, such as articled clerks and the local attorney. 

Chapter Two 

The 2nd Chapter is tilted “the Nigerian Legal Profession” and it starts by asking the question: who is a legal practitioner?. It moves on to the prerequisites for entitlement to practice as a legal practitioner in Nigeria, which include the following: by virtue of office, by warrant of the Chief Justice and by enrolment – including of non-citizens. It then considers the requirements for such enrolment, including the Call to Bar, the qualifications therefor, and the attendant screening (especially of the character) of candidates. 

Chapter Three 

This chapter discusses “Legal Education in Nigeria”, its evolution; establishment of law faculties; part-time evening programs; the Law School – it’s curriculum and exemption therefrom, restrictions on admission thereto, Continuing Legal Education; the Nigerian Institute of Advanced Legal Studies; and the National Judicial Institute. It concludes with a discussion of emerging ideas, in our legal education. 

Chapter Four discusses the Structure of the Legal 

Profession. It starts with members of the Inner Bar – otherwise known as Senior Advocates of Nigeria, the criteria for their appointment, their privileges, etc. The chapter then discusses Lawyers in industry, their role, limitations and ethical standards applicable to in-house counsel.  

 It next focuses on Lawyers in government, political appointees, Law Officers (State Counsel), their roles, limitations, restrictions (especially in terms of unionisation) and ethical issues peculiar to them. This is followed by a discussion of Lawyers in private practice, including their classification (of stratification), etc.

Chapter Five discusses regulatory bodies within the legal profession. Their importance cannot be over-emphasised, as they are the Praetorian Guards of the profession, it’s gatekeepers. Their effectiveness or otherwise, resonates with public perception of Lawyers in Nigeria, as their brief is to sanitise the profession. These bodies include: the Council of Legal Education, the General Council of the Bar, the Body of Benchers, the Legal Practitioners Disciplinary Committee, the Legal Practitioners Privileges Committee, the Legal Practitioners Remuneration Committee, and the Nigeria Bar Association. 

Chapter Six examines the “Services Provided by Lawyers” including litigation (advocacy) and non-litigious legal services, and – in the former case – to restrictions on their right of audience in court. It continues with a discussion of Lawyers in salaried employment; as non-executive directors in limited liability companies; as law officers (again); as lecturers; constitutionality of limitation to practice in criminal cases; engagement in business, etc. 

Chapter Seven 

Aptly tilted “Lawyers for the Poor” focuses on the legal equivalent of corporate social responsibility, as it examines the structures and institutions through which counsel offer pro bono (or free services). These include the Legal Aid Council, the Directorate of Citizens’ Rights, the Mediation Centre, the Office of the Public Defender and the National Human Rights Commission (NHRC), etc. 

 Whilst the relatively short Chapter Eight discusses “The Role of the Legal Practitioner in the Society”, Chapter Nine explores “The Relationship Between the Lawyer and the Court”. It tells us that as an officer of the court, a Lawyer is expected to adhere to certain etiquette in his relationship with the court: he must show respect to the court and observe decorum at all times while in court, etc. 

 Whilst Chapter Ten deals with the relationship between Lawyers inter se, Chapter Eleven (ever-so-brief) discusses 

“The Lawyer and Himself.” The former is rightly more elaborate. It emphasises the espirit de corps which ought to exist between Lawyers; they should not encroach on each other’s business, and their duties when holding each other’s briefs in a matter, etc. 

Part Two of the book deals with “The Lawyer and his Client” and it spans Chapters Twelve to Nineteen. The former is tilted “The Creation of Legal Practitioner-Client Relationship”, and it touches everything on the subject: from initial contact (dress code, office setting, comportment and interview technique) to attention to problems.  

Chapter Thirteen deals with “Employment and Duties of  Legal Practitioners”, and it examines them under the following rubric: his authority upon retainership, prior to and during litigation; his duty not to pursue hopeless claims and his duty as a counsel to the accused in criminal cases (especially when the latter confesses his or her guilt).

Chapter Fourteen discusses the position of Nigerian law on 

“Advertisement and Solicitation” in the profession, with a comparison between the American, British and Canadian systems.  

Chapter Fifteen titled “Conflict of Interest” discusses the various situations in which a counsel might be conflicted in the performance of his professional duties – either with other clients or his own personal interest.

Chapter Sixteen dwells on the rule against divulging “Privileged Communication”. It discusses the scope of the privilege, as well as of confidential communications – and the exceptions thereto. It then explores communications relating to commission of crimes, and which impinge on conflict with clients and while representing several clients.  

Chapter Seventeen focuses on the all-important counsel’s fees. This shows that – unless he/she is working pro bono – a counsel is, first and foremost, a businessman. He/she must, therefore, be business-like. He (or she) is, however bound by  written (and, sometimes, unwritten) rules which specify the kinds of fees that can be charged. 

Chapter Eighteen deals with “Financial Regulation and  Counsel’s Accounts” and how to operate clients’ accounts. It examines the enforcement of relevant rules, as well as judicial pronouncements on the subject.  

Chapter Nineteen is titled “Termination of Employment.” It poses the question: what constitutes justifiable cause for withdrawal by a legal practitioner, and examines the ethical issues involved and the circumstances of discharge of counsel’s services. 

Part Three which deals with “Hazards and Discipline at the Bar,” covers only two chapters – Twenty and Twenty one – tilted “Professional Hazard/Negligence” and “Discipline at the Bar”, respectively. The former explores the legal standard of care applicable to counsel, their liability for negligence, it’s scope and who may sue therefor. The chapter also discusses the different types and variants of contempt of court (in facie curia, ex facie curia, civil and criminal contempt)  

 The focus of Chapter Twenty-One is “Discipline at the Bar”. It explores counsel’s professional ethics, and the specific breaches of which attract specified sanctions. The Chapter x-rays the mechanisms and institutions for dealing with such infractions (the Legal Practitioners’ Disciplinary Committee, the Chief Justice, the Supreme Court), and concludes with an appraisal of the disciplinary regime.  

 The last and final part of the book is an appendix, which consists of relevant statutes on the subject.  

Conclusion  

Geoffrey Oputa has delivered on a topic, which – for obvious reasons – is often overlooked by both scholars and non-scholars alike: it whips Lawyers into line, and attracts few briefs! Little wonder authoritative texts on the subject are few and far between, much less those with depth and breadth. This is where his book shines brilliantly. It will please purists and sticklers for the rules – such as the late, great B.A. Ibironke, SAN, the Director of the then only one Law School – in its heydays. Hopefully, he will rest better now having – presumably – been turning in his grave at the state of his dear profession and its sullied banner, which he handed over without stain. Mr. Oputa has rescued it with his book, and for that, he deserves plaudits.