CIRCUMSTANCES A LAWYER CAN GIVE AWAY CLIENT’S INFORMATION WITHOUT CONSENT. DAILY LAW TIPS (Tip 304) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Ordinarily, a lawyer cannot give away information obtained from a client because such was obtained under professional privilege and the lawyer owes duty to the client not to reveal such communication.
There are circumstances that a lawyer may reveal such communication without breaching his duty to client and there are;
1. Where such communication is for an illegal purpose or crime committed
2. Where such communication is permitted by Rules of Professional Conduct or law or court order
3. Where such communication is necessary for a lawyer to establish/collect his fees or
4. Where such communication is necessary for a lawyer to defend himself, employees or associates against accusation of wrongful conduct.

My authorities are sections 192(1) and 259 of the Evidence Act, 2011 as well as Rules 19(3) and 57 of the Rules of Professional Conduct for Legal Practitioners, 2007.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 262)
WHEN LAWYERS CAN PERSONALLY STAND BAIL FOR CLIENTS.

There is popular saying in Nigeria, that a lawyer cannot be surety and take a client on bail. Well, this is NOT true! There is no law that stops a lawyer from being a surety and taking a client (who is a suspect) on bail in any where in Nigeria. The Rules of Professional Conduct for Lawyers expressly prohibits lawyers from being sureties and taking their clients (who are accused persons) on bail in any court in Nigeria. The Rules purposely mentioned only courts and excluded detention centers including Police stations, Economic and Financial Crimes Commissions(EFCC), Independent Corrupt Practices Commission (ICPC), Department of State Services (DSS) and all other security agencies. Consequently, it is not a professional misconduct for a lawyer to be a surety and take his client who is a suspect on bail in any place but cannot do so for his clients who are accused persons in any court.

My authorities are Rules 37(1) and 57 of the Rules of Professional Conduct for Legal Practitioners, 2007.

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Feel free to reach the author, ask questions or make inquiries on this topic or any other via This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. or +2348037665878.

NOTE: Sharing or modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted. Please share this publication till it gets to those that need it most. Save a Nigerian today!

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This publication is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 174)
“Legal Practitioners Cannot Sell Land In Nigeria.”

Practise of law is for legal practitioners alone. A legal practitioner is a lawyer that has been called to the Nigerian Bar. Legal practitioners are bound by the Rules of Professional Conduct For legal Practitioners 2007. Among the provisions of the said Rule, is that legal practitioners cannot engage in any other profession. The survey, valuation and sell of land is for another profession (Estate Surveyors and Valuers), hence no legal practitioner can combine such profession with law practise. Note, that a lawyer can work as “Transaction Adviser” as well as “Due Diligence and Compliance Expert” for any land transaction but cannot be a mere land agent, jobber and estate manager.

My authorities are Rule 7 of Rules of Professional Conduct For Legal Practitioners 2007 and the Judgement In NBA V. IBEBUNJO (2013) 18 NWLR (PT. 1386)

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***This is the writer’s view not a legal advice and does not create any form of relationship. ***

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 147)
“Law Firms/Chambers Cannot Be Engaged and Briefed To Render Legal Services or Sign Documents”.

The practise of law is reserved for legal practitioners that are called to the Nigerian Bar and their names enrolled in the records of Supreme Court of Nigeria. Hence, the service of a lawyer cannot be rendered by a company, business name, partnership, firm or chamber of lawyers rather by the lawyers therein. Such institutions and formations are not lawyers licensed to practise although their owners, promoters, members and staff are licensed lawyers. So you engage lawyers and not law firms!

My authorities are sections 2 and 24 of Legal Practitioners Act and the Supreme Court decision in Okafor V. Nweke (2007)10 NWLR (PT.1043) 521 at 531.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 71)

Every new law firm or new branch of a law firm is expected to communicate its existence to the nearest branch of Nigerian Bar Association (NBA) within 30 days of commencement of business.

See Rule 13 of Rules of Professional Conducts for Legal Practitioners.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 68)

Any document signed by a lawyer without affixing his customised NBA stamp can be declared useless by court. Such documents include affidavits, agreements, letters and reports.

See Rule 10 of Rules of Professional Conduct for Legal Practitioners.

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