Charge and bail" infamous conducts unbecoming of lawyers-- NBA branches

Chairmen of the five branches of the Nigerian Bar Association (NBA) in Lagos, have on Monday, kicked against acts of "ambulance chasing" popularly dubbed"charge and bail" indulged in by some lawyers, describing same as "infamous" conducts.

The lawyers spoke in reaction to reported cases of lawyers fighting over legal representation of defendants in court.

According to them, the Rules of Professional Conduct (RPC) is a collection of rules sspecially drafted for Nigerian legal practitioners to help check and guide against unethical standards capable of demeaning the profession

Speaking in an interview, Chairman of the Lagos branch of the NBA, Mr Yemi Akangbe, described the legal profession as noble, with lawyers as upholders and protectors of the law.

He said that the sanctity of the legal profession is protected by the Rules of Professional Conduct 2007 (RPC) 2007, and any person who thinks a legal practitioner is in breach of the rules, can make an application to the Legal Practitioners Disciplinary Committee (LPDC).

"One of the recent flagrant abuses of the rules is the infamous conduct of a legal practitioner which occurred in the court’s premises, when two lawyers attempted to offer their complementary cards to a client which led to a scuffle between the lawyers.

"The above conduct is in breach of some provisions of the RPC; the act of fighting over representation in court is in clear violation of this rule," he said

While noting that the RPC also provides for a coexistence and mutual respect among lawyers, he urged lawyers as stakeholders in the legal profession to protect the sanctity of their discipline.

"Similarly, the NBA has a duty to sensitize lawyers on the importance of upholding the dignity of the profession," he said

In the same vein, chairman of the Ikeja branch of the NBA, Mr Barth Aguegbodo also condemned the act of ambulance chasing describing same as a "prima facie case of conducts unbecoming of a legal practitioner".

According to him, the RPC makes elaborate provisions as to how such infractions can be handled , adding that at the branch levels, a petition can be initiated agaimst such lawyers, to the LPDC.

He said that where investigations reveal that the RPC has been breached by such lawyers then a proper disciplinary trial is initiated

"On the part of branches of the NBA, a task force or committee is usually put in place to sensitize members as to the content and operation of the RPC," he said

He said that to avoid the denigrating picture created by such lawyers, some NBA branches have developed programmes aimed at addressing same and also mentoring lawyers.

On his part, chairman of the Ikorodu branch of the NBA, Mr Abimbola Ojedokun, described charge and bail practice by lawyers as an unfortunate situation

Making references to the recently, reported case of two female lawyers who had fought at an Ojo magistrates court over representation of suspects, he said;

"It is unethical for a lawyer to fight over clients anywhere,not to talk of fighting in the court premises; clients of any lawyer who is "worth his salt" comes to brief him in his chambers," he said

While reiterating that section 1 of the RPC requires every lawyer to maintain a high standard of professional conduct, he noted that by similar provisions, every lawyer had a duty to report any breach of the rules to the appropriate authorities for sanctions.

"The disciplinary committee and the supreme court have the power to impose penalties like striking off the name of lawyers found guilty off the roll, suspend such lawyer or admonish such lawyer," he said

He urged the NBA to be "alive" to its responsibility of protecting the RPC, by ensuring an enforcement of the rules, and prosecution of any erring lawyer.

Again, chairman of the Badagry branch of the NBA, Mr Mohammed Sodipo also condemned such unprofessional conducts by lawyers, describing same as dirty, debasing and belittling of a lawyer

"It is an age long practice such that the public has now formed an opinion about those who indulge in this practice as "charge and bail lawyers"

"I remembered as a young lawyer some years ago, some colleagues would go to Ojo police station directly opposite Ojo magistrates' court and would be fighting and scrambling over suspects in the police cell," he said

According to him, lawyers who engage in such obnoxious acts are not "bar men" as they obviously never partipate in NBA activities such that the NBA would be able to call them to order.

As a form of remedy, he urged the NBA to partner with the courts, to identify and fish out such erring lawyers for sanctions, adding that the NBA can also invite such lawyers failing which their cases can be forwarded to the LPDC for disciplinary measures..

"I believe if one or two of them are made to face the displinary committee they will sit up," he said

In his opinion, Chairman of the Epe Branch of the NBA, Mr Ademola Koko, while condemning the unethical acts of "brief chasing" by lawyers, said that such lawyers required mentorship.

Koko said that although such practices of charge and bail, abound in the legal practice, it should not be generalised.

Observing that a major reason for such practices stems from a general prevalence of poverty in society, he added that greed as well as a refusal by young lawyers to be mentored are also root causes.

He said that there are also good aspects of such lawyers, as some of them may even be the best breeds anyone could think of , adding that poverty also constitutes a major problem.

"Although I condemn the acts but let us not take the good aspect of such lawyers away from them, first they are not lazy , and went through all the process to become lawyers

"Like I said I condemn the act, but how come someone who left her house on that day, did not fight on the road but came to court and suddenely these things happen

"When you look at this it goes to show the general prevalence of poverty in the country.

"The act is condemnable but in solving the problem we need to trace its root," he said

According to him, at the Epe branch, measures are being put in place to assist lawyers in developing themselves on the profession, adding that all branches can replicate same

"We need to assist the younger ones, and as senior lawyers, we must show good examples," he said