Week 6 - Duties Of Counsel To Client 2

Privilege and confidence of the client

A lawyer has duty to keep his clients’ secrets and matters confidently discussed safe. Rule 19
This duty extends to his partners, associates and employees. Rule 19(4); s 193 EA
It must have arisen in the course of his employment to the client and continues even after the representation ceases. S 192(3) EA

Why is it best for a client to reveal relevant secrets to his counsel?

It helps counsel to have a broad view of the matter.
It prevents the lawyer from getting surprises by an opponent who is ready to take advantage of such secrets

Are there any exceptions?

Where the client consents s 192 (1) EA 2011.
By an order of the court
Where the RPC or other statutes states so
Where the revelation would lead to the prevention of the commission of a crime
Where it would assist the lawyer in the recovery of his fees
Where the lawyer has to use such information to defend himself, associates and staff against accusations of misconduct. Rule 19 (3)
Where communication is in furtherance of an illegal purpose. S192(1)(a) EA 2011
Where the lawyer notices that a crime or fraud has been committed since he commenced employment s 192 (1)(b) EA 2011

Lawyer as a witness to client

A lawyer may testify in a matter he is handling for a client more so that it does not touch on the merits of the case
He can testify on the formand aspects of the case
Rule 20 (1); rule 20 (4)
Rule 20 (b)

Instances where a lawyer’s testimony for a client may be allowed. Rule 20(2)

Responsibilities for litigation

Alawyer shall accept any brief in relation to which he professes to practice – rule 24(1)
He must know which matter to pursue for a plaintiff and that he mustpursue for a defendant. Such actions must be clearly litigious and not be questionable. Rule 24(2)
He shall not pursue matters to harass or injure or oppress the opposing party. Rule 24(3)
He is to act honourable at all times and not follow his clients’ instructions slavishly. Rule 24 (4)

Withdrawal from employment – R 21

Is a lawyer after having accepted the brief of his client allowed to withdraw from same? Yes they can abandon/ withdraw a case when there is good cause to withdraw.

What conditions make up “ good cause”?

Where he has to testify on the merits of the case. R19(4)
Persistent refusal to pay lawyers fess
Conflict of interest
Client insisting on unjust or immoral cause
Consistent disregard of lawyers’ advice and wanting to pursue a frivolous case. R 21(2)
Lawyer going to be joined as a party in the case of his client. R 17(5)

Before a lawyer withdraws there are certain procedures that must be followed:

Counsel is obliged to give prior notice to client
Better done in writing and must give client enough time to secure alternative service. R 21(3)
Nootherlawyer in his firm can take/continue with the job
If it is litigation, the court must be informed
All paid monies not merited by counsel must be reimbursed to client. The lawyer can only keep the portion of money which he believes he has earned while representing the client – so on a quantum merit basis

Dealing with clients property

How should a lawyer deal with clients’ property?
In case of monies obtained, how should he deal with this?
Can he convert clients’ money to his fees in an instance where client has refused to pay?
Can he sell the clients house to make up for his fees? R 17(3) (a)

Change of counsel – when the client wants to change his counsel – R 29 RPC

Duties of all parties include:

New lawyer:

Old and new lawyer:

Client is entitled to:

See rule 29 RPC

Old lawyer is entitled to:

Exclusion for liability?

Are there any exception(s) where a lawyer may not be held liable for professional negligence in circumstances where he ought to be under Nigerian law?
What is the condition for a lawyer to be excluded?s.9 LPA
Note the distinction between the courts and outside the courts. Lawson v Matti (1932) on justification for holding the lawyer negligent