INTRODUCTION:
The legal profession
is one of the oldest professions in the world. All over the globe, the practice
of the legal profession is guided by laws. In Nigeria, the legal profession is
guided by about five legal instruments. In the case of FBN Plc.
& Ors. v. Maiwada & Ors. SC.204/2002 (Consolidated),
whilst speaking on the laws governing legal practice in Nigeria, ADEKEYE,
J.S.C, stated thus: “The legal profession in Nigeria is
covered by the provisions of the Legal Practitioners Act with the Rules, Orders
and Notices – which are (a) Legal Practitioners Disciplinary Committee Rules
2006, (b) Rules of Professional Conduct in the legal profession, (c) Senior
Advocate of Nigeria (privileges or functions) Rules 1979, (d) Entitlement to
practice as Barristers and Solicitors Order 1992, (e) Legal Practitioners
(Remuneration for Legal Documentations) and other Land Matters Order, (f) Legal
Practitioners (Bar Practicing Fees) Notice 2002.” In Nigeria, when one is called to the Nigerian Bar as a
Barrister and Solicitor of the Supreme Court of Nigeria, he is not expected to
practice any other profession except law; he is not also expected to engage in business.
This has made some lawyers who are skilled in other trades, that is to say,
professions, to let go those skills acquired from those professions to stick to
the legal work alone. The law is that a lawyer shall not practice as a legal
practitioner at the same time as he practices any other profession. This
article argues that the law does not prohibit a lawyer from practicing another
profession at same as he or she practices law. The writer further argues that
the law only restricts such conduct.
THE LEGAL
PROFESSION AS A BUSINESS:
The law or legal profession is not seen by some as a business. This is because
they pretend to see the profession as a noble profession which should not be
allowed to be influenced by negative introductions. No wonder,
advertisement is also restricted in the legal profession here in Nigeria. But
for some of us, the legal profession is a business. That is to say, it is a
trade. Mazi Afam Osigwe, SAN, while presenting a
paper titled “The Challenges Of Managing A Law Office In Modern
Day Nigeria”, at the Law week of NBA Zaria Branch, on the 29th of
November 29, 2017, affirmed the fact that the legal profession is a business,
hence, the need to take it seriously. Quoting Bellas and Wachowski,
he said:
“It speaks
for itself that most of the lawyers who claim we are a highly educated
profession and therefore not a business were either very successful in a
specialty field or were professors of law. More power to them. But as for
the rest of us, we are operating businesses. And if we don’t
begin paying attention to how well we manage and promote our legal enterprises,
we are in danger of going out of business as a profession. If you
don’t think the legal industry is a commercial enterprise, consider the
following. We hire employees with related personnel issues. We have a payroll
and pay payroll taxes.
“We pay
rent or buy real estate. We have debt. We have (or should have) systems to
operate our practice. We have partnership issues. We market ourselves. We have
business plans. And we are regulated. What else is needed to convince lawyers
this is a business? In one sense, the question at this point is more or less a
matter of semantics. Law is clearly a profession, but since you are selling a
service, it is also clearly a business. The distinction is not only arbitrary;
it is also a potential threat to our future livelihood”.
Speaking
further, he noted that while law practice is business, legal practitioners are
not business people, therefore practitioners involved in legal practice are
engaged in business, but are not businessmen. Although all the points itemized
by Bellas and Wachowski, may not be completely
applicable to the legal profession in Nigeria, the fact remains that most of
the things stated applies to law practice in Nigeria. The Supreme Court has
also emphasized that the Legal profession is a serious business. Although, it
can be argued that the Supreme Court was not looking at it from the angle of a
trade per se, but a specialty, the undisputed fact remains that it is not in
doubt that the legal profession is an important profession.
In
the case of Okafor & Ors v. Nweke & Ors (2007) LPELR-2412(SC), the
court stated held as follows: “Legal
practice is a very serious business that is to be undertaken by serious minded
practitioners particularly as both the legally trained minds and those not so
trained always learn from our examples. We therefore owe the legal profession
the duty to maintain the very high standards required in the practice of the
profession in this country. The law exists as a guide for actions needed for
the practice of the law, not to be twisted and tuned to serve whatever purpose,
legitimate or otherwise which can only but result in embarrassing the
profession if encouraged. Per ONNOGHEN, J.S.C (Pp. 12-13, paras. E-B).
The
foregoing shows that the legal profession is a serious business whether seen as
just a profession or as a business, it is a serious practice. It demands the
highest level of diligence, and ethical consideration. Thus, the legal
profession is primarily regulated by the Rules of Professional Conduct. The
Court of Appeal while speaking on the RPC, said as follows: “The Rules of
Professional Conduct (RPC) is made pursuant to S.11 (4) of the Legal
Practitioners Act (LPA). S. 11(4) of the LPA is certainly not enacted for the
purposes of determining the validity or otherwise of commercial transactions.
The RPC is made purely for disciplinary purposes. This point is accentuated by
Rule 55(1) of the RPC which stipulates in clear terms, the means of enforcing
the provisions of the RPC, including those of Rule 7(2)(b) of the RPC. Rule 55
(1) of the RPC provides as follows:”If a lawyer acts in contravention of any of
the Rules in these Rules or fails to perform any of the duties imposed by the
Rules, he shall be guilty of professional misconduct and liable to punishment
as provided in the Legal Practitioners Act, 1975″. Again, a joint reading of
S.11 (1) and (4) of the LPA shows clearly that only the relevant disciplinary
committee has the jurisdiction to enforce the provisions of the RPC.” Per
OGUNWUMIJU, J.C.A. (P. 22, Paras. A-E) (See Ukah
& Ors v. Onyia & Ors (2016) LPELR-40025(CA).
THE
LEGAL PROFESSION, OTHER PROFESSIONS AND BUSINESS
Generally,
no lawyer is allowed or permitted to practice any other profession apart from
law. According to Rule 7 of the Rules of Professional Conduct, a
lawyer shall not practice as a legal practitioner at the same time he practices
any other profession. This means that one cannot practice law and practice any
other profession at the same time. If for any reason, a lawyer feels like
practicing another profession, the lawyer is at liberty to go into that
practice and stop practice of the law. That is to say, in so far as the person
does not practice law, he or she is at liberty to practice any other
profession. Rule 7 Sub Rule (2) states that a lawyer shall not practice as a
legal practitioner while personally engaged in — (a) the business of buying and
selling commodities; (b) the business of a commission agent; (c) Such other
trade or business which the Bar Council may from time to time declare to be
incompatible with practice as a lawyer or as tending to undermine the high
standing of the profession. The above provisions reveal without any form of
vagueness that a lawyer is not permitted to engage in business, neither is he
or she allowed or permitted to practice any other profession.
CAN
A LAWYER PRACTICE ANY OTHER PROFESSION AT SAME TIME?
When there
is a general rule, there is most likely going to be an exception. It is this
writer’s opinion that though lawyers are generally not permitted to practice
law and practice any other profession at same time, the law does not prohibit
lawyers from practicing another profession. The writer argues that the law only
restricts such practice. Rule 7 of the Rules of Professional Conduct states in
full as follows: — (1) Unless permitted by the General
Council of the bar (hereinafter referred to as the “Bar
Council”), a lawyer shall not practice as a legal practitioner at the same time
as his practice any other profession.
The underlined
part of the Rule shows that a lawyer can practice any other profession, if and
only if he or she can get the permission or consent of the General Council of
the Bar. Although, the writer is not aware of any case of such grant of consent
or permission in this light, he is, however, of the opinion that such consent
could be granted if the applicant can present convincing reasons why it should
be granted. For instance, a lawyer who doubles as a medical doctor or surgeon
(having specialization in a rare area of medicine or surgery), can apply to the
Council and give convincing reasons as to why he or she should be allowed
part-time practice of the medical profession to save lives when the need
arises. This writer is also of the opinion that a lawyer who wishes to feature
in only legal movies to enhance the practice of the law, could apply for such
consent, in so far as the series will only be legal connected to help in the
teachings of the law. Drama display or playlets in short, are one of the
methods the Nigerian Law School adopts for groups in the institution to
understand and learn the law. There are many very interesting law series out
there that have helped lawyers improve in the act of cross examination,
evidence evaluation, advocacy, and the rest. So it will not be out of place if
a group of lawyers venture into the legal movie industry to develop the
practice of the law through such mediums.
Someone like Imuekemhe
Aliyu of Legaltainment can be kindly granted such consent to
practice legal comedy at same time he practices the legal profession; this will
to enable lawyers catch fun and feel entertained in a legal way. After all,
lawyers are also humans who can enjoy leisure in their own way. The legal
profession is changing with time, and we must move with the times. Nothing
stops the NBA from inviting the Legaltainment group to the
NBA Bar Conference to be entertained. (Note, these examples are simply subjective,
and the writer’s opinion)
CAN
A LAWYER GO INTO BUSINESS?
Generally,
a lawyer cannot go into business, but there are exceptions. Rule 7 (3) states
that for the purpose of this rule, “trade or business” includes
all forms of participation in any trade or business, but does not
include — (a) Membership of the Board of Directors of a company
which does not involve executive, administrative or clerical functions; (b)
being secretary of a company; or (c) being a shareholder in a company. This
shows that a lawyer can be a Member of the Board of Directors of a company
which does not involve executive, administrative or clerical functions, a
secretary of a company, or a shareholder of a company.
Also, it
is this writer’s opinion as well that a lawyer can engage in business in so far
as he is not personally engaged in it. That is, a lawyer can be indirectly
or personally engaged in business. For the avoidance of doubt,
the rule is provided verbatim. “Rule 7 (2) A lawyer shall not
practice as a legal practitioner while personally
engaged in — (a) the business of buying and selling commodities;
(b) the business of a commission agent; (c) Such other trade or business which
the Bar Council may from time to time declare to be incompatible with practice
as a lawyer or as tending to undermine the high standing of the profession.”
The key
words are “PERSONALLY ENGAGED”. It is argued that a
lawyer can own a business establishment, but he should not be the one to
personally manage it. He or she can employ the services of others to manage the
business. In so far as the said lawyer is not personally engaged in it, it does
not violate the Rules. It is the writer’s position, therefore, that if a lawyer
wishes to personally engage in business, the same shall stop practice of the
law. But if he or she must go into business, then he or she shall not be personally
engaged in it. That is, the affected lawyer should get the
services of others to manage the business while he or she continues with the
practice of the law. This means that the RPC does not stop a lawyer from
engaging in business, the RPC only prohibits a lawyer from personally
engaging in it. But one may ask, is this aspect provision of the
Rule still fair for lawyers considering the current economic circumstance?
CONCLUSION:
Let me
round up with the words of ABIRU J.C.A, in the case of Mbas
Motel Ltd. v. Wema Bank Plc (2013) LPELR-20736(CA). It states this: “Lawyers
as operators of the administration of justice system owe a duty, to the society
that nurtured them and made them what they are, to ensure that they conduct
their activities in a manner that edifies and brings honor, respect and belief
to the justice system. They should not allow themselves to be used by litigants
to bring the justice system into disrepute. It is pertinent that this Court
reminds Counsel of the eternal words of a great jurist J Wesley McWilliams who
writing in an American Bar Association Journal in January 1955 (41 ABA 18)
wrote in an article he titled “The Law as a Dynamic Profession” thus: “We
belong to an ancient, to a great, to an honored profession. The practice of Law
is a worthy calling. It has rewarded us with financial success and with
prestige and leadership in our communities. It has given us much happiness and
the good life. From it we have received the gratitude and respect of our
friends and neighbors whom we have served. Our word affords intellectual
pleasure with dignity and independence, in competition with our fellow Lawyers
with whom we have cemented warm friendships and enjoyed happy companionships.
For these blessings, we cannot but have a sense of gratitude and of obligation.
The most productive, unselfish and wholly satisfying repayment of the
obligation is constructive work to increase the effectiveness of our judicial
system and the welfare of the profession.” Per ABIRU, J.C.A. (Pp.
26-27, Paras. G-G)
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