Lawyers' Guide
Professional Ethics Preview 34 min read

Duties to Court, State & Colleagues

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Duties to Court, State, Colleagues & Contempt

- PART I: Lawyer as Officer of Court -

The Foundational Principle - R30 RPC; Fawehinmi v NBA (No 1) (1989) 2 NWLR (Pt 105) 494 @ 523

Fawehinmi v NBA (No 1)

A lawyer is an officer of court - a Minister in the temple of justice. He must promote the administration of justice and show utmost respect to the court at all times. He must ensure truth and justice and must NOT obstruct, delay, or adversely affect the administration of justice.

What a Lawyer Shall NOT Do

  1. Pick and choose clients;
  2. Deceive or mislead the court (consciously distort facts, conceal truth);
  3. Delay, obstruct, or adversely affect administration of justice;
  4. Fail to produce all relevant authorities - including ones against his case;
  5. Withhold expertise - must avail the court – General Oil Ltd v Odutan (1990) 7 NWLR (Pt 163) 423 @ 673;
  6. Be unprepared for client’s case or seek unnecessary adjournment;
  7. Conduct case illogically; must follow logical sequence to assist court.

Okafor v Nweke (2007) 10 NWLR (Pt 1043) 521 @ 532 SC

“Legal Practice is very serious business that is to be undertaken by serious-minded practitioners. We owe a duty to maintain very high standards.”

Lord Denning in Rondel v Worsley (1966) 3 WLR 950

“It is a mistake to suppose that he (a lawyer) is a mouthpiece of his client to say what he wants, or his tool to do what he directs. He is none of these things. He owes allegiance to a higher cause - the cause of truth and justice. He must not consciously mistake the facts. He must not unjustly make a charge of fraud, that is, without evidence to support. He must produce all the relevant authorities, even those that are against him.”

- PART II: Courtroom Decorum & Conduct -

R36(a)–(f) RPC - Decorum

  • Attire in proper and dignified manner; NO apparel/ornament calculated to attract attention - R36(a);
  • Address objections, requests, observations, arguments to the Judge - NOT engage in banter with opposing lawyer - R36(d);
  • Always be on feet when addressing or being addressed by court - R36(c); rise when Judge enters/leaves;
  • NOT engage in undignified conduct degrading to court - R36(e);
  • NOT remain within the Bar while conducting a case in which he is a party - R36(f).

Punctuality

  • Aim to arrive court 30 minutes before sitting;
  • Final briefing with witnesses; advise them to come early;
  • Go over submissions; avoid last-minute rush + possibility of striking out the case;
  • If unable to attend due to cogent reasons, write to court + opposing counsel requesting stand-down or adjournment; grant is at court’s discretion.

Note distinction: a stand-down means the case is held aside and called later the same day, while an adjournment postpones it to another day. Mind the timing for filing the application at the court Registry.

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