Liability of Legal Practitioners in Nigeria: The True Position of The Law
Liability of Legal Practitioners in Nigeria: The True Position of The Law

Summary/Abstract: The issue of liability continues to be a critical aspect in every professional field. The duty of care forms the basis of the entire relationship between a professional and a lay man. In this discourse, an attempt was made to highlight the position of the law on the issue of liability of a legal practitioner in Nigeria, particularly for the conduct of a case in the face of the court. The rationale for the old common law position was discussed considering the circumstances prevailing at that point in time. Based on the premise that one of the most important characteristics of law is its dynamic nature, argument was then advanced highlighting the impracticability of maintaining that position in the 21st century in the face of increased commercialization, globalization and industrialization. A comparison was drawn between the English legal system and the Nigerian legal system and it was submitted that there is no longer any public policy justification for maintaining the courtroom immunity for barristers. Unfortunately, there is still a belief amongst the legal circle in Nigeria that an advocate can get away with whatever quality of performance he/she exhibits in the face of the court. This has led to intellectual laziness and a lack of enthusiasm for the one-time cherished courtroom advocacy especially amongst young advocates. It was also argued that as a matter of public policy there is a desire for uniformity of liability among all professions. Finally, the position of the law on the issue in different countries (both developing and developed) was highlighted and discussed briefly.

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