A client could be; a person seeking legal intervention of a lawyer; a person in need of legal services of a lawyer; anybody that enjoys the services of a lawyer. This is so irrespective of the person paying for such services. The duty of a legal practitioner to his client is broadly divided into three:

  • Duty of honesty (fiduciary duties)
  • Duty of skill and care
  • Duty of professional secrecy and privilege (duty of confidentiality)

Duty of Honesty

This is known as fiduciary duty which implies that one party is superior to the other. In this case, the lawyer is presumed to be superior to his client, hence must be honest in dealing with the client. The duty of honesty includes the following:

  • Duty of dedication and devotion to the cause of his client. Rule 14, Rules of Professional Conduct for legal practitioners (RPC). The lawyer’s time must be dedicated towards the performance of the client’s brief.
  • Duty to account and report promptly when dealing with client’s property. Rule 23(2) RPC. NBA v. Akintokun (1996) 167. The legal practitioner must duly account for money received on behalf of client. The legal practitioner must not mix such money or property with his. A legal practitioner in this regard is expected to open three separate accounts; personal account, trust account, and client’s account. Money belonging to the client should be paid into client’s account.
  • Duty to represent the client within the bounds of law. Rule 15 RPC.
  • Duty to disclose conflict of interest. Rule 17 RPC. A legal practitioner is to disclose any interest he has in relation to the subject-matter or litigation. This interest could be developing interest for instance, in divorce cases and property acquisition.
  • Duty not to breach agreement with client. Rule 18(2) RPC
  • Duty not to purchase property from client due to the existence of fiduciary relationship. However purchase can be done upon fulfillment of certain conditions. Williams v. Franklin (1961) ALL NLR 218, they are: The client was fully informed (the lawyer discloses fully his interest to the client); that the client had competent independent legal advice, and that the price paid was a fair one.
  • Duty not to receive legally from a client. A legal practitioner who prepares a will is not expected to be beneficiary under such will. However if the benefit or gift coming to him is not much, then such gift can stand. Farelly v. Conigan (1899) AC.
  • Duty not to act as an executor/administrator/trustee and a solicitor at the same time. When a legal practitioner is an executor of a property, the law states that he cannot act as solicitor in respect of the same property. NBA v. Koku (1991)
  • Duty not to accept gift, compensation, commission from opposing parties. Rule 54 RPC, except with full knowledge of the client and his consent after full disclosure. If not disclosed, it will amount to secret profit and upon revelation, would be forfeited.
  • Duty to advise client honestly and candidly. Rule 15(13) b & d, RPC and duty not to file frivolous and malicious suit.
  • Duty not to act for two or more clients with opposing interest at the same time. Rule 17(1) & (4) RPC. He cannot represent client when he is a party. In litigation, there is no way a legal practitioner can appear for both parties but in conveyancing, he can (Smith v. Mansi) under certain circumstances. A legal practitioner can appear against a client whom he has handled his case previously if it is a different case with different subject-matter. A previous client can be represented over and over again. In Onyeke v. Harridem Nig Ltd, the Court of Appeal stated the following: “the court frowns upon the idea of a counsel appearing for one party, say the plaintiff, at the early stage of a transaction and then turning around at a later stage of the same transaction to appear for his opponent. But, where the transactions are different, the court will not restrain a counsel from changing sides”.
  • Duty not to act as a legal practitioner when he had previously acted as a judge over the matter. Rule 6(1) RPC, NBA v. Fawehinmi.
  • Duty to accept brief. Rule 24(1) RPC. This is also known as the Cab rank Rule. Exceptions are:
  • Where the client has refused to perfect the brief. This simply means to pay the fees agreed upon.
  1. On ground of conflict of interest.
  2. On religious grounds (when he is likely to appear as a witness)
  3. Where the case the case is unwarranted, merely to injure the other party.

The following are conflict of interest which may cause embarrassment to a legal practitioner

  • Giving evidence in a case which he acts as counsel. Rule 20 RPC that is the legal practitioner testifying as a witness, the law demands that he steps down as a legal practitioner.
  • Swearing affidavit evidence on behalf of a client
  • Where the lawyer’s own professional conduct is likely to be impugned
  • Standing bail or surety. Rule 37(1) RPC
  • Where the lawyer has to act against a close relation.
  • Where counsel acts in case in which he is a party
  • Acting for several accused persons with conflicting interests.
  • New lead counsel replacing existing one. Rule 29
  • Acting for the opposing party in an earlier but related matter
  • Legal practitioner as a party in an action

DUTY OF CARE AND SKILL
Rule 16, RPC states that a lawyer should not handle a matter he knows he is not competent to handle. There is a required standard of skill and care in handling a client’s matter. If there is an impression that the legal practitioner is skilled in that area, then the duty of skill and care in such case is that of professional standard higher than the regular duty. The duty extend to avoiding delay, advising client, having control of the litigation. Rule 24(2) RPC. In Adewunmi v. Plastex (Nig) ltd. The Supreme Court stated “when the counsel has satisfied himself that he has no argument to offer in support of his own case, it is duty at once to say so, and to withdraw altogether. The counsel is the master of the argument and of the case in court and should at once retire if he finds it wholly unsustainable, unless indeed he has express instructions to the contrary. When a legal practitioner breaches his duties, he shall be liable for negligence. Section 9 of Legal Practitioner Acts. There are exceptions: in pro bono services s. 9(2) LPA; in litigation s. 9(3) LPA. Rondel v. Wosley

DUTY OF PROFESSIONAL SECRECY
Communications between lawyer and client in the normal cause of professional employment are privileged. Rule 19(1) & (2) RPC. A legal practitioner is not to reveal secret or confidence of his client, use secret or confidence of his client to his client’s disadvantage, use client’s secret and confidence to his advantage or that of a third party, unless with client’s consent after full disclosure. There are however exceptions to the rule

  • Non-confidential information (notorious facts)
  • With the consent of the client after full disclosure
  • Where the rules or law permits
  • Intention to commit crime and information necessary to prevent it. (not when the crime has already been committed)
  • Inorder to collect fees or defend himself or his employee or associates against an accusation of wrongful conduct.