ETHICS, VALUES AND PROFESSIONAL RESPONSIBILITIES IN THE LEGAL PROFESSION

10,000.00

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

 

87 Appeal 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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