An Ethical Diliema

NIGERIAN LAW SCHOOL EXTERNSHIP PROGRAMME

DATE: 12TH JULY 2013

CAMPUS: ABUJA

TOPIC: AN ETHICAL DILEMMA

The ethical dilemma I wish to discuss centers on Improper Attraction of Business. Rule 39(1) of the Rules of Professional Conduct (hereinafter RPC) provides that subject to sub paragraphs (2) and (3) of Rule 39, a legal practitioner can engage in advertising in connection with his practice provided such advertising is fair and proper in all circumstances and complies with the provision of the RPC.

I went to seek advice from a lawyer on an intellectual property issue. I advised that the matter had already been commenced by another legal practitioner however because time was of the essence and the legal practitioner instructed had gone abroad on an emergency visit, I had no other option but to seek alternative Counsel. The “new” lawyer gladly welcomed me into his interviewing room, told me about his firm and about the services his firm offered.

Whilst I appreciated the effort he made in getting me acquainted with his firm and its services, I was however concerned over the fact that he seemed to spend more time probing me on how I came about instructing the previous lawyer than the time he spent going through the matter I brought to him for advice.

In the course of the client interview, it became apparent that this “new” lawyer was previously employed by the “previous” lawyer and it appears that the employment relationship ended on a bad note. Whilst I never complained or even had reason to complain about the services/advice offered by the “previous” lawyer, the new lawyer took the liberty of telling me how “incompetent” and unprofessional the “previous” lawyer is. He went as far as saying that the “previous” lawyer hardly even won his cases and he was notorious within the legal profession for his gross incompetence. Essentially, the new lawyer was criticizing the previous lawyer, an act which is contrary to Rule 39 (2) (c) of the RPC although it...