WRITING ETHICAL DELIMA AND LAW OFFICE MANAGEMENT - NOBLE SCHOLARS

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Saturday, September 29, 2018

WRITING ETHICAL DELIMA AND LAW OFFICE MANAGEMENT


As a student of Nigerian law school after your externship programme, the school authority requires you to write two pieces of article which can be real or imaginary in nature.the first is titled ethical delima.the ethical delima focus mostly on the breach of the rules of professional conduct for legal practitioners and other atituddes that is unbecoming of a legal practise.the second article is based on law office management of the firm you will be posted for your externship programme.it can also contain your rating about that firm and your recommendation.here are the sample of the the two articles. HEADING: AN ETHICAL DILEMMA Mr. Sunday Ikechukwu Esq is a legal practitioner called to Nigeria bar in 2017. He is attached to Umunnaya and Co. Chambers as a new wig struggling to survive in the legal profession. CHIEF JAMES ARINZE is a business man and a politician of high class in Ebonyi state. He owns landed properties all over the thirteen local government in Ebonyi state but due to his busy nature at his place of business and his political engagement, he directed one of his servants to find a reputable legal practitioner that can be trusted with secrets. Mr. Nwede John, a servant to Chief James Arinze contact Mr. Sunday Ikechukwu Esq on the terms that whatever the outcomes of his service to be rendered by him to chief James Arinze will be shared equally between the two of them for contracting him to render services to Chief James Arinze. Mr. Nwede John equally told him to quit the services if it is not acceptable by him. Mr. Sunday Ikechukwu Esq was invited to Chief James Arinze’s house. He introduced himself to Chief James Arinze. He briefied Mr. Sunday Ikechukwu in his house about his intention to mortgage one of his landed property to get a loan. He equally promised to pay him one million naira with his normal legal bill of charges if he will be coming to his for any transaction between them. He equally gave Mr. Sunday Ikechukwu all his landed property to manage on the condition that he will be coming to his house for any brief. Chief James Arinze equally informed Mr. Ikechukwu of his intention to send some of his boys to Rob the mortgagee Diamond Bank PLC to get money to pay the principal sum of the mortgage transaction and requested for the help of Mr. Sunday Ikechukwu to accomplish this so that his services will not be in doubt. Mr. Sunday Ikechukwu Esq is considering his position as a new wig and the likely earnings at the end of the service and is now contemplating accepting the brief and preparing the necessary document for the mortgage transaction. DILEMMA 1. Should Mr. Sunday Ikechukwu Esq accpet the brief of Mr. James Arinze bearing in mind the sharing of his professional fees, and the provisions of rules of professional conducts. 2. Should Mr. Sunday Ikechukwu Esq accept brief at the client house considering the provisions of the Rules of Professional Conduct of legal practitioners. 3. Should Mr. Sunday Ikechukwu accept the request to help accomplish the robbery or lose his brief? 4. Should Mr. Sunday Ikechukwu disclose the intentions of chief James Arinze and risk his brief? Rule 3(c) of Rules professional conduct for legal practitioners 2007 provides that a lawyer shall not share legal fees with a non-lawyer except as provided under Rule 53. This is not among the exception under Rule 53 therefore not proper to do so despite the situation. Rule 22 of Rules of Professional Conduct for Legal Practitioners 2007 provides that a lawyer shall not call at a client house or place of business for the purpose of giving advice to, or taking instructions from the client except in special circumstances or for some other urgent reason preventing his client from coming to his law office. This is not within the exception as there is no urgent reason preventing the client rather due to the amount of money involved. Rule 15 of Rules of Professional Conduct of Legal Practitioners 2007 provides that a lawyer in representation of client shall keep strictly within the law notwithstanding any contrary instruction by his client and if the client insist on the breach of the law, the lawyer shall withdraw his service. Rule 19 of Rules Professional Conduct for Legal Practitioners 2007, a lawyer is duty bound to keep privilege and confidence of a client except as provided under Rule 19(3)(c) which is intention to commit crime and the information necessary to prevent it. This can be minimized by making provision for minimal salary to be paid to new wigs for certain number of years for them to get established in the profession. HEADING: THE MANAGEMENT AND ORGANIZATION OF THE LAW FIRM WHERE I WAS PLACED The name of the law firm where I was placed is Delta chambers. The office was formerly located at Owerri Street Abakaliki as at the time I was posted there it has been relocated to No. 6 Brackenbury Street Abakaliki Ebonyi State. The organization of the law firm is a sole practitioner and managed by the principal alone and a private practitioner under pupilage and two other corpse members attached to the chamber. The firm is both into core litigation and estate management. The firm has a support staff which is the secretary and also the typist. In preparation of trials, the principal and other lawyers attached to the firm has an adequate and functioning time management scheme. The lawyers and the principal has their private diary where they record cases and dates, and what is slated for to help remind them of the particular day’s activities. The diary equally has the details of each case like the judge handling the matter, the suit number and the counsel it is assigned to. The chamber’s infrastructure is up to standard . The firm occupy’s the second floor of a three story building made up of three offices. It consists of the conference room, the principal office, the library and the office occupied by other lawyers attached to the chamber. It has two toilets and bathroom for convenience purposes. The office has improved modern facilities like television sets in all the offices including the conference room, printers, photocopying machine, refrigerators, the offices are well lightened. It has standard furniture and other office equipment. The principal office is mostly used as the client interview room, because he is a sole practitioner. The library is also stocked with various productions of law reports, textbooks, journals of distinguished authors and writers in different field of law. The library is accessible to both lawyers in the chambers, externs and visiting legal practitioners who are unto one research programme or the other. This has help to ensure easy access to research material and equally made research easier and quick with the arrangement of the materials. The office has a standard filing system. They have customized files used in the chamber with the chambers name and address written in capital letters. The secretary is entrusted with management of the files. The files equal has column for names of the parties and suit or charge number depending on the matter. The files are arranged in the large book shelve in the store room and the files are arranged in an orderly manner in accordance with the subject matter of each case. The firm is equally located in heart of town where business activities takes place. In conclusion it is my recommendation that future externs should be sent to the firm, because it has standard facilities and externs are properly tutored without excuses.

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