ETHICS, VALUES AND PROFESSIONAL RESPONSIBILITIES IN THE LEGAL PROFESSION
₦20,000.00
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
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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