Lawyers Call For Reform of Legal Ethics
By Felix Kuyinu
A group of Legal experts have shown concern over incidents of letdown in moral principles by some lawyers, calling for a reform of ethical behaviour in the profession.
Under the auspice of the Nigerian Bar Association, NBA, the Section on Legal Practice, SLP, in a seminar held in Lagos discussed issues likely to cause the unpromising situation.
The lawyers during the event tagged ” Legal Practice in Nigeria: Reinforcing Ethical Behaviours” stated that there is an urgent need for a professional enforcement mechanism in upholding ethical standards by men and women in the legal industry.
Justice Joseph Oyewole of the Court of Appeal recommended ethical training in legal education, regulation of the profession, independence of disciplinary bodies, promotion of professionalism and accountability and effective complaints process for legal misconduct as a huge factor in annihilating the unwanted situation.
Oyewole emphasizing on the critical nature of collective reasoning among fellow members said, “Using raw statistics from the lawyers in my own household, 25 per cent of new entrants into the profession want to practice.
“However, when you interact with the older generation who are active in litigation, most of them want to get out.
“The reasons behind this trend can be linked to the various challenges highlighted by legal practitioners which include busy schedules, prolonged litigation processes, and unnecessary applications and files.
“Really, some practitioners contribute to these challenges by not adhering to the right practices in their day-to-day activities which is a key area that needs immediate attention”.
Oyewole advocated for a shift from self-regulation to a system where external independent professionals enforce ethical rules within the legal profession. He noted that an independent and professional enforcement of ethical rules will safeguard the integrity of the profession from being in jeopardy.
“Enforcement for me, is the first area we need to look at,” he said.
“We cannot continue to have the enforcement mechanism that we have now. Globalization has removed so many barriers.
“We cannot move until we have external independent professional regulators taking charge of liability and ethical behaviour in the profession.
“Some lawyers make disparaging comments about their colleagues because of clients who will come and go. You will remain with your colleague in the profession, why then do you call yourselves learned friends.”
Chairperson of the group, Boma Alabi, (SAN), stressed the need for a stronger focus on ethical training from the early stages of venturing into the law industry.
Alabi highlighted the challenges facing the judges in defending themselves against public perceptions and called for greater autonomy and insulation of disciplinary bodies from external interference.
She said: “I think our judges are maligned and they’re not able to speak for themselves. This is a problem in this jurisdiction. The question of ethics should be dealt with, from the cradle to the grave.”
Alabi, in a pep-talk to law students at the event also faulted the current system. She uttered that there is no adequate education on law students on professional ethics before entering into the Law School.
“If you’re going to the law faculty of the university, you need to understand that the profession you’re coming into is one where your ethics is a key part of the profession.
“Law students need to be aware of the ethics from the moment they get into a law faculty, and I certainly agree that it must be part of the training at the university level.”
She expressed the need for better coordination among regulatory legal bodies bodies such as the NBA, the Bar Council, and the Body of Benchers.
While stressing on the confusion surrounding the process for lodging complaints against erring lawyers, the jurist opined on the need for a simpler and more accessible system for members of the public to report misconduct.
“It is confusing for even those of us in the profession let alone those who are not lawyers”, Alabi continued.
“If I’m not a lawyer, and I have a complaint against a lawyer, where do I go? This is not information that’s readily available to members of the public.
“It should be simpler. One should be able to complain without having to engage another lawyer, to get a lawyer disciplined. Currently, that’s the way the system works or doesn’t work depending on your view.”
Speaking from experience, she said there seemed to be some form of interference in the work of the Legal Practitioners Disciplinary Committee (LDPC).
“I feel it could be better insulated from interference. And so to that extent, a more independent body independent of the profession would be advisable,” Alabi said
