ETHICS, VALUES AND PROFESSIONAL RESPONSIBILITIES IN THE LEGAL PROFESSION

10,000.00
$ 24.40

Format: eBook

Author: Bukola Akinola

About the Book

The erosion of ethical values among undergraduates neccessitated the need to have a book of this nature. Of interest to the author is the Code of Conduct for Law Teachers and Notaries. The book civers 17 chapters of very interesting and practical aspects of ethics, justice, corruption, Rule of Law, good governance, morality and its relationship with culture, money laundering, Codes of conduct for judges, lawyers and more interestingly reforms for development of ethics and values in the legal profession. The book analyses the institutional and legal framework for ethical compliance by stakeholders in the legal profession. The social responsibilities of the citizens and the role of lawyers in social engineering are also treated by author. Having written a book on Professional Ethics and Lawyering Skills in line with the Curriculum obtainable at the Nigerian Law School, the author sees this new book as his mild contribution to the teaching of legal Ethics curriculum in the Universities, Researchers will find very interesting comparative legal deductions sieved out in this book for ethical development across the globe. There are suggested reforms for including ethics in the legal profession.

 

About the Author

The author holds a Doctor of Philosophy in Laws at the Nnamdi Azikiwe University in Awka, Anambra State. Nigeria and qualified at the Nigerian Law School, Bwari, Abuja as a Barrister- at- Law. He worked as a part-time lecturer at Abia state University, Uturu, Abia State. He also worked in private practice before joining the Faculty of the Nigeria Law School in 2007 where he teaches professional Ethics and skills and Corporate Law Practice at te Kano Campus. He is published in several scholarly journals and books. The author is currently the Vice-Chairman of the Nigeria Bar Association, Enugu Branch. The Author is married and blessed with children.

 

ISBN 978-978-785-133-3
Category:

Description

TABLE OF CONTENTS

Chapter 1

1 The Concept of Ethics

1 1.1          Ethics

1 1.2          Metaethics

3 1.3          Normative Ethics

4 1.4          Applied Ethics

5 1.4.1 Utilitarianism

6 1.4.2 Consequentialism

11 1.5  Sociological Theory of Ethics

12 1.6             Relativist Theory of Ethics

14 1.7                The Freewill Theory of Ethics

16 1.8                    Business Ethics

 

 

Chapter 2

23 The Concept of Legal Ethics

23 2.1Legal Ethics

23 2.2The Legal Framework for Legal Ethics in Nigeria

26 2.3The Legal Practitioner’s Ethics and the

Society 33 2.4The Legal Practitioner’s Etiquette at the Bar

35 2.5          The Legal Practitioner’s Ethics on Corruption Issues

 

Chapter 3

39 Judicial Ethics

39 3.1      Judicial Ethics

39 3.2       Ethical Obligations of a Judge

39 3.3          Code of Conduct for Judicial Officers in Nigeria 2018

45 3.4        Comparative Review of the Code of Conduct for Judicial Officers: Bangalore Principles as a Case Study

 

3.4.1 History of the Bangalore Principles of

Judicial Conduct

67 3.4.2 The Principles of the Bangalore Code

75 3.4.2.aValue 1 – Independence of the Judiciary

76 3.4.2.b Value 2 – Impartiality

77 3.4.2.c Value 3 – Integrity

78 3.4.2.d Value 4 – Propriety

79 3.4.2.e Value 5: Equality

82 3.4.2.f Value 6: Competence and Diligence

83 3.5 Qualification for Appointment as a Judicial

Officer

85 3.5.1 Chief Justice of Nigeria

85 3.5.2 President and Justices of the Court of Appeal

86 3.5.3 Chief Judge or Judge of a State

86 3.5.4 President of the Customary Court of

87Appeal of a State

3.6     Disqualification of Judicial officer

3.7          Grounds for Removal of Judicial Officer

3.8          Removal of a Judicial Officer

3.8.1 Removal of Heads of Courts

3.8.2 Removal of Judicial Officers other thanHeads of Courts

3.9      Judicial Corruption

 

Chapter 4

Morality and Culture

4.1          Morality

4.2       Is Morality Universal?

4.3   The Importance of Morality to the Society

4.4          Conscience

4.5     Morals and Culture

 

Chapter5

110 The Concept of Justice

110 5.1          Meaning of Justice

110 5.2          Notions of Justice

111 5.3          Retributive Justice

119 5.4          Restorative Justice

 

Chapter 6

125 Rule of Law And Good Governance

125 6.1          Meaning of Rule of Law

125 6.2          Good Governance

131 6.3          Independence of the Judiciary and Lawyer’s Role

 

Chapter 7       Ethics, Values and Social Responsibility of a Citizen

7.1      Meaning of Social Responsibility

7.2      Social Responsibility in Business

7.3      National Values

 

 

Chapter 8

National Ethics and Integrity Policy

8.1          National Ethics and Integration Policy

 

Chapter 9

Social Responsibility of a Lawyer

9.1          Social Responsibility of a Lawyer to the State

9.2      The Duty of the Lawyer to the State

9.3      The Lawyer as an Agent of Law Making for the Society

9.4      The Lawyer as an Agent for Social Change

 

Chapter 10

Legal Aid, Pro-Bono and Access to Justice

10.1 Meaning of Legal Aid

10.2 The Legal Aid Scheme

10.3 An Examination of the Legal Aid Act 2011

10.3.1Establishment of the Legal Aid Council

10.3.2Types of Services rendered by the Legal Aid Council

10.3.3The Legal Aid Fund

10.4 Pro Bono Service

10.5 Access to Justice

10.6 Challenges of Access to Justice in Nigeria

 

Chapter 11

Corruption

11.1 Meaning of Corruption

11.2 Brief History of Corruption in Nigeria

11.3 Types and Forms of Corrupt Practices

11.4 Various Anti – Corruption Instruments

11.5 The Challenge of Corruption

11.6 The Role of the Lawyer in tackling Corruption

 

 

Chapter 12

Case Law on Ethics and Rules of Professional Conduct

12.1 The Application of Case Laws to Ethics

12.2 Identifying, Reflecting and Resolving

Ethical Problems

 

Chapter 13

Overview of the Rules of Professional Conduct

for Legal Practitioners

13.1 Duties of a Lawyer to the Client

13.1.1Duty to be dedicated and diligent to the

Client’s Cause

13.1.2Duty to represent Clients within the

Bounds of the Law

13.1.3Duty to disclose Conflict of Interest

13.1.4Exceptions where a Lawyer can act as a

Witness

13.1.5Duty to adhere to Agreements reached

with the Client

 

13.1.6 Duty to preserve Client’s Confidence

13.1.6.a Exceptions to the Confidentiality Rule

13.1.7Duty to take Instructions in Chambers

13.1.7.a Exceptions

13.1.8Duty of act in Good Faith

13.1.9Duty to Accept Brief (The Cab Rank Rule)

13.1.9Duty to Accept Brief (The Cab Rank Rule)

13.1.9.a Exceptions to Duty to Accept Brief

(The Cab Rank Rule)

13.1.9.a.i. Personal interest

13.1.9.a.ii Conflict of interest

13.1.9.a.iii Religious Ground

13.1.9.a.iv. Where the Lawyer is also a Party

in the Proceeding

13.1.9.b Duty to take full Instruction

13.1.9.c Duty to advise frankly

13.2 Duties of Counsel to the Court

13.2.a Duty to Respect the Court

13.2.b Duty to dress properly and neatly

before the Court

13.2.c Duty to avoid Improper Conduct before

the Judge

13.3 Duties of a Lawyer to the Legal

Profession

13.3.1 Duty to Pay the Annual Practising Fee

13.3.2 Duty to use the NBA Uniform Stamp

and Seal

13.3.3 Duty to participate in the Continuing Professional            Development Programme                                      13.3.4 Duty to obtain the Annual Practising Certificate                                         259 13.3.5 Notification of Legal Practice

13.3.6 Duty not to aid the Unauthorized

Practice of Law

Chapter 14

Code of Conduct for Law Teachers

14.1 Introduction

14.2 Meaning of Law Teacher

14.3 Appointment of a Law Teacher                               265 14.4 Code of Conduct for Law Teachers

14.5 Duty of the Law Teacher to the

Teaching Profession

14.6 Duty of a Law Teacher to His Students

14.6.1Duty to be disciplined

14.6.2Duty to keep Confidential Information

14.6.3Duty of the Teacher as a Mentor

14.7 Duty of the Teacher to the Society

14.8 Removal of a Law Teacher

 

Chapter 15

Code of Conduct for Notaries

15.1 Definition of a Notary

15.2 Code of Conduct for Notaries

15.2.1Duty to the Client

15.2.1.a Duty to avoid Conflict of Interest

15.2.1.b Duty to ensure Confidentiality

15.2.1.c Duty of Care

15.2.1.d Duty to be Diligent

15.3 Duty to the Notary Profession

15.4 Duty to the Government and the Society

15.5 Offences under the Notary Public Act

 

Chapter 16

The Institutional Structure of the Legal Profession

16.1 Nigerian Bar Association

16.2 The Body of Benchers

16.2.1Composition of the Body of Benchers

16.2.2Functions of the Body of Benchers

16.2.3Privileges of Life Members of the Body of Benchers

16.3 General Council of the Bar

16.3.1 Establishment of the General Council of the Bar

16.3.2Composition of the Bar Council

16.3.3Functions of the Bar Council

16.4 National Judicial Council

16.4.1Composition of the National Judicial Council

16.4.2Powers of the National Judicial Council

16.5 Legal       Practitioners       Remuneration Committee

16.5.1Establishment and Composition

16.5.2Powers of the Legal Practitioners

Remuneration Committee

16.6 Legal Practitioners Privileges Committee

16.6.1Composition of the LPPC

16.6.2Functions of the LPPC

16.7 Restrictions on Holders of the Rank of Senior Advocates of Nigeria

16.8 Order of Precedence in the Courtroom

16.9 Legal                  Practitioners         Disciplinary Committee

16.9.1 Composition of LPDC

16.9.2 Functions of the LPDC

16.9.3 Legal        Practitioners         Disciplinary

Committee Rules

16.10 Professional offences in the Legal Profession

16.11 Organs     for     Disciplining     a     Legal Practitioner

16.12 Channels of Complaint against a Legal Practitioner

16.13 Procedure for the Discipline of a Legal Practitioner

 

Chapter 17

Money Laundering

17.1 Meaning of Money Laundering

17.2 Ingredients of the Offence of Money Laundering

17.3 Legal Framework for combating Money Laundering in Nigeria

17.4 Regulatory and Institutional Framework

for Anti-Money Laundering in Nigeria

 

Chapter 18

Reform of Legal Ethics in the Legal Profession

18.1 Introduction

18.2 Suggested Reforms for Ethics in the Legal Profession

Bibliography Index Appendix A Appendix B Appendix C

 

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