2019 PROFESSIONAL ETHICS PAST QUESTIONS AND ANSWERS
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NIGERIAN LAW SCHOOL
BWARI – ABUJA
BAR EXAMINATION-PART II FINAL
PROFESSIONAL ETHICS & ETHICS
TUESDAY 22ND AUGUST, 2019 TIME ALLOWED: 3 HOURS
INSTRUCTIONS:
THIS PAPER IS DIVIDED INTO TWO SECTIONS. TWO ANSWER BOOKLETS ARE PROVIDED. QUESTIONS FORM EACH SECTION SHOULD BE ANSWERED ON A SEPARATE ANSWER BOOKLET. QUESTIONS 1 AND 4 ARE COMPULSORY. ONE OTHER QUESTION FROM EACH SECTION SHOULD BE ATTEMPTED.
WRITE YOUR EXAMINATION NUMBER ON EACH ANSWER BOOKLET.
SECTION A
QUESTION 1 (COMPULSORY)
Alabo Taribo passes the last Bar Final Examination with an excellent grade. His family was over-joyed to dee their youngest child being called to the Nigerian Bar. A grand reception was organised at a garden close to the International Conference Centre (ICC), Abuja. Immediately Alabo Taribo exited the door of the International Conference Centre after his Call, praise singers dressed in uniform sang and drummed to his success, referring to him as the newest and most brilliant young lawyer in town. A beautifully decorated horse conveyed Alabo Taribo in hod lawyer’s regalia (wig, gown etc) to the nearby garden. The praise singers sang, drummed and danced both in front and behind Alabo Taribo as he prided himself on the horse, escortiyhim to the venue of the reception. The reception ended quite late in the evening on an atmosphere of joy. Early the next day, Alabo Taribo and his family members boarded a private jet to Lagos where he was introduced to a Senior Advocate of Nigeria ( SAN) who employed him without an interview.
Two months after commencing his law practice in the SAN’s office, Alabo Taribo was fortunate to meet in Court 1, Mr. Dagoro Campfire, a renowned foreign lawyer who came to Nigeria to do a matter. The judge before whom Alabo Taribo was appearing, asked lawyers to mention their cases out of turn.
Answer the following questions
(a) With the aid of the Rule of Professional Conduct (RPC) and any other Relevant law, comment on the ethical issues in the scenario.
(b) State three (3) occasions in which the conduct of Alabo Taribo would not be considered a breach of the RPC.
(c) What appropriate step should Alabo Taribo have taken before commencing his law practice in the SAN’s office?
(d) State three (3) methods that the SAN can adopt to attract lawyer-staff to his office, other Thant the method stated in the scenario.
(e) Between Alabo Taribo and Dagogo Campfire, who should mention his case out of turn first? What is the reason for your answer?
(f) Assuming Mr. Dagogo Campfire has concluded his client’s matter and has sent his bill of charges to the client who has failed to pay, in which Court would Mr. Dagogo Campfire institute the action for recovery of his professional fees? Cite a statutory authority.
QUESTION 2 (a)
You were an extern in the Ministry of Justice, Lagos State and your field supervisor asked you to look into the proposed law on eradication and prohibition of sexual offences. The law is to prohibit and eradicate sexual offences such as raoe, defilement of young persons etc. The proposed law is also to establish a Court known as special and sexual offences Court designated to hear and determined the sexual offences. The law should take effect on the day the Governor assents to it. Your field supervisor therefore asked you to draft in a proper order the following:
- Short title
- Long title
- Enacting clause
- Establishment clause
- Commencement
- Interpretation.
QUESTION 2(b)
David Afilaka s a lawyer with 18 years post-cal! practice experience. He intends to leave his present place of employment Coxley & Co. in order to set up a Law Practice. David is a smart and calculated person and has his plans mapped out.
He called on his friend Munir Alliu, a brillhant legal practitioner who was recently selected as a Senior Advocate of Nigeria. By calling on Munir Alliu, David Afilaka is confident that the move will put this new law practice in good stead due to Munir Alliu newly acquired status.
He has informed Munir Alliu of his plan to have him on board in the new la w practice. David Afilaka informed Minor Aliu that they will jointly contribute money in agreed proportions to start the running of the law practice and on an agreed basis share the returns made, in proportions as agreed.
Now answer the questions that follow:
(a) ldentify the type of law office organisation nternded by David Afilaka with Munir Alliu, stating two advantages and two disadvantages of it.
(b) Assuming Munir Alliu has now been conferred with the rank of Senior
Advocate of Nigeria, state two privileges he will enjoy as a Senior Advocate of Nigeria.
(c) Munir Alliu is a sports lover. After a game of Badminton at the Ikoyi Cub last weekend, he slumped and died before he could be driven to the hospital. State the legal implication of Munir Alliu’s death on the name ot the law office which they named “D. Aflaka & M. Alli” Give reason to your answer.
QUESTION 3
Gofure Adams is 15 years post-Call and has a thriving legal partnership with his childhood friends (Mena and Waje) known as Gofu, Mena and Waje Law partners at Plot 2360, Kabo Way, Kano. His life long aspiration is to be appointed to the Bench as a judge.
In response to the notice placed by the President of the National Industrial Court of Nigeria on 26th July, 2019. (Calling for expression of interest by persons qualified to be appointed as Judges of the Court), Gofure Adams has decided to express his interest.
(a) As Gofure Adams, prepare a detailed curriculum vitae and the application letter you will submit to the Chairman of the Federal Judicial Service Commission, Supreme Court Complex, Three Arms Zone, Abuja.
(b) List five (5) members of the National Judicial Council and state two(2) of its functions as it relates to Gofure Adams.
(c) Mention any three(3) rights that are exclusive to Gofure Adams as a legal practitioner in Nigeria other than his desire to be appointed as Judge of the National Industrial Court (NIC).
(d) State four (4) resdons that may have influenced Gofu, Mena and Waje Law Partners’ Choice of Law Firm.
(e) Assuming Gofure is appointed as a Judge of the National Industrial Court, comment on the effect, if any, of the appointment on Gofu, Mena & Waje Law Partners.
(f) Using his good office, Hon. Justice Gofure Adams usually refers briefs to Gogu, Mena & Waje Law Partners. Comment on the ethical implication(s) of the above conduct.
SECTION B
PLEASE USE ANOTHER BOOKLET FOR THIS SECTION
__________________________________________________________________________
QUESTION 4A (COMPULSORY)
Mr. Jide Kale was Called to the Nigerian Bar in November 2018 after four attempts at the Bar Final Examinations. ln order to facilitate his Law career, the Ikorodu Descendants Association (IDA) gave him the sum of N5,000,000.00 on the 10th November, 2018. Mr. Kale’s wife, Madam Sayo Kale also gave him N1,000,000 that same day. On the 10th day of January 2019, Mr. Kale bought an office space in Ikorodu Lagos for his office use at #3,000,000.00. He purchased a laptop, printer, refrigerator and wall clock on the 15th of January 2019 at the rate of #500,000.00, N100,000.00, N150,000.00 and N20,000.00 respectively. He also bought four sets of black suit on the same day at 30,000.00 each. On the 1st day of February, 2019, Mr Kale collected a loan of N2,000,000.00 from Goody Bank Plc. He also bought Law of the Federation of Nigeria the same day at the rate N700,000.00.
(i) Draw up Mr. Kale’s cash book and opening ledger account.
(ii) What is a contingent fee arrangement?
(iii) State thnree conditions upon which a contingent fee arrangement wouid be valid.
QUESTION 4B
Federal Civil Service has concluded arrangement to employ ten (10) young
lawvers for each local government in Nigeria and each Area Council in the
Federal Capital Territory.
(i) Write the application for employment addressed to the Commissioner
Federal Civil Service Comnmission.
(ii) Assuming you have been assigned to appear on behalf of the Attomey-General and Commissiorner of Justice of your State, to move a motion before High Court No. 1 relisting Case No. GEN/004/CR/19 struck out for want of deligent prosecution, describe how you must be robed to appear in the Court.
QUESTION 5
On 22nd August, 2019, the Legal Practitioners Disciplinary Committee (LPDC) was convened to hear there matters, namely:
- Mr Festus Michael represented both the Vendor and Purchaser of a property and fraudulently increased the price of the property.
The payment was made through him by the purchaser to the Vendor and he kept back the excess amount.
- Mr. Hassan Yakubu against whom a complaint was made for habitual drunkenness even in the courts where he often appeared for his cases heavily drunk.
iii. Mrs Alic Zemo was discovered to have forged the Secondary School Certificate she used to gain admission for her LLB programme. She was convicted of forgery at the Senior Magistrate Court at Maitama FCT.
Answer the following questions:
(a) Identify the professional breaches under the Rules of Professional Conduct allegedly committed by the legal Practitioners in the scenarios above.
(b) State the preliminary procedure that must have ensued before the sitting of the LPDC on 22nd August, 2019.
(c) What is the standard of proof required at the hearing of the LPDC?
(d) What directives can the LPDC give when the allegations are proved?
(e) Where does appeal against decision of the LPDC lie?
(f) State other disciplinary authorities other than the LPDC in the legal profession.
(g) Mention the factors the LPDC must put into consideration if the legal Practitioners applies for restoration back to the roll of legal Practitioners kept at the Supreme Court.
QUESTION 6
The following took place during the cross examination.
Cross examiner: You didn’t see the accident, did you? Remember you told this court you hadn’t your glasses on at the time.
Witness: I saw it, although I didn’t wear my glasses.
Cross examiner: Weren’t your glasses recommended for your eye sight challenges?
Witness: Yes, I have used recommended glasses in the past 20 years.
Cross examiner: Now is it not clear that you are a pathological liar.
You didn’t wear your glasses and you were able to see without them. This is an attempt to hoodwink the court, it amounts to contempt of court.
Witness: I did not lie. I have my glasses or spectacles for my short sightedness, I can see a far. I saw what happened.
Examining Counsel: My Lord, we object to the line of questioning.
Cross examiner: My Lord, who is this one? I am 30 years at the Bar. You have no respect. When were you called? In any case, the sky is my limit in cross examination.
(a) Did the cross examining counsel succeed with his cross examination? Give reason(s) for your answer.
(b) State 3 goals of any cross examination?
(c) Was counsel right when he asserted that the sky was his limit in cross examination? Give reason(s) for your answer.
(d) Does the conduct of the witness amount to contempt of court?
(e) Identify 4 ways a comtemnor may be sanctioned by the court.
(f) Did the cross-examining counsel breach any duty he owed to the examining counsel, in the manner hr addressed the latter? State the particular duty, if any and the appropriate statutory or regulatory provisions, breached.
COUNCIL OF LEGAL EDUCATION
NIGERIAN LAW SCHOOL
BAR PT II EXAMINATIONS
AUGUST 2019
PROFESSIONAL ETHICS & ETHICS
MARKING SCHEME
SECTION A
QUESTION 1( COMPULSORY)
1(a) The ethical issues in this scenario are as follows:
- Alabo was not expected to be involved in praise singing by hod kinsmen as doing so would amount to diminishing public confidence in the legal profession as well as bringing the profession into disrepute. R. 39(2)(b) RPC .
- Alabo was not expected to keep on wearing his gown while riding on the horse as he only expected to wear his wig and gown in line with rule 45 ( and (2) RPC.
iii. Alabo was not also expected to be involved in circumstances where statements of comparison of him with other lawyers was taking place such as he being referred to as the most brilliant young lawyer. R. 39(c) RPC. Also, he should not have been involved in circumstances such as the praise-singing done which could be regarded as obstructive as to cause annoyance to whom it was directed. R. 39(2)(e) RPC.
- A lawyer is precluded from appearing in court for a matter without enrolment. S. 7(1) ; S. 22(a), (b) (c) LPA 8 Marks
1(b) The three instances where his conduct of wearing his wig and gown which would not amount in breach of the Rules of Professional Conduct are:
- I) Wearing of Robe to Superior Courts of Record. Rule 45(1) RPC
- II) For special proceedings as directed by the Court such as celebration of a new legal year or valedictory service. Rule 45(2) (a) RPC.
III) During call to the Bar ceremonies
- IV) When permitted by the General Council of the Bar. R. 45(2)(a) RPC
- V) During the conferment of the rank of Senior Advocate of Nigeria.
Any 3—6 marks
1(c) The appropriate step Alabo should have taken before commencing practice in the SAN’s office is enrollment in the Supreme Court immediately after his Call to the Nigerian Bar.
Failure to enroll in the Supreme Court disqualifies him to commence legal practice. S. 7 LPA. 3 marks
1(d) Attracting lawyer-staff can br done by:
- Advertisement in the newspapers or other advertisement media
- Introduction/referrals by existing or former staff
iii. Recommendation by agencies and consultancies
- Invitation of applicants from previous advertisement.
Any 3 – 3 marks
1(e) Mr Dagogo Campfire should mention his case first. The reason is because Alabo has not been enrolled in the Supreme Court. Therefore, Campfire would go ahead to conduct his case provided he has a warrant from tgr Chief Justice of Nigeria under Section 2(2) of the LPA.
1(f) The appropriate court to institute an action for recovery of professional fees is the High Court of the state in which the proceedings specified in the application for the warrant were begun. Section 16 and 19(1)(a) of the LPA.
2 Marks
TOTAL–25 MARKS
QUESTION 2(a)
- Short title
This law may be cited as the Sexual Offences (Prohibition and Eradication) Law of Lagos State, 2019.
1 mark
- Long title
A BILL FOR A LAW TO ERADICATE AND PROHOBIT SEXUAL OFFENCES IN LAGOS STATE AND ESTABLISH THE LAGOS STATE SPECIAL AND SEXUAL OFFENCES COURT AND OTHER MATTERS RELATED THERETO.
- Enacting Clause
ENACTED by the Lagos State House of Assembly of the Federal Republic of Nigeria as follows:
1 mark
- Establishment clause
There is established under this Law a Court to be known as Special and Sexual Offences Court (hereinafter referred to ad “the court”
1 mark
- Commencement
Commencement. [ ]
1 mark
- Interpretation
In this Law, unless the context otherwise requires;. Sexual Offences includes…. rape, defilement of young persons, sexual assault.
Court means… Special and Sexual Offences Court
1 mark
QUESTION 2(b)
(a) The type of law firm organization intended by David Afilaka is partnership. 1 mark
Advantages of Partnership
- Sharing of financial responsibility
- No professional isolation
iii. High quality decisions
- Sharing of profits and losses
- Room for specialisation
- Easier to get clients because of professional competence of more people involved
vii. More time for relaxation
viii. Easier to raise capital to set up.
- Division of labour
Disadvantages of partnership
- In law, each partner is an agent of the other partners. Each partner is liable for the act of another done within the partnership business- UNITED BANK OF KUWAIT v HAMMOND
ii.Fraudulent act of one partner may taint the reputation of other partners
iii. There may be mistrust among the partners which may hamper the success of the firm
- Slow decision making
- Double loyalty
- Disagreement among partners may affect the stability of the partnership
(b) The privileges Munir Alliu will enjoy as a Senior Advocate of Nigeria include:
- The exclusive right to sit in the inner bar or where there is no provision for the inner bar, he sits in the front row of all courts in Nigeria.
- .The right to mention any motion in which he iS appearing or any other cause which is on the list for mention and not otherwise listed for hearing out of turn on the cause list.
Section6 [1] (a) and (b) of the Senior Advocates Privileges and Functions
Legal Practitioners Privileges Rules LFN 2004
2 Marks
(c) The firm can continue to use the name “D Afilaka & M. Alli” though one of the partners is dead provided it does ot lead to an imposition or deception through the continued use of the name. This is provided for under Rule 5 (2) of the Rules of Professional Conduct 2007. 2 marks
TOTAL = 15 Marks
QUESTION 3
Gofu, Mena and Woje LP,
Plot 2360 Kabo way,
Kano. ½mark
22nd August, 2019. ½ mark
The Chairman
Federal Judicial Service Commission,
Supreme Court Complex
Three Arms Zone
Abuja. ½ mark
Dear Sir,½ mark
LETTER OF EXPRESSION OF INTEREST AS A JUDGE OF THE NATIONAL
INDUSTRIAL COURT OF NIGERIA. ½ mark
In response to the recent notice put out by the President of the National Industrial Court on 26th July 2019. I hereby express my interest to be appointed as a judge of the honourable Court.
I am an experienced lawyer of fifteen (15) years postcall. I am knowledgeable in the area of Labour Law Practice.
Kindly find attached to this application letter, a copy of my curriculun; vitae.
I shall be grateful if my application is favourably considered.
Thank you. 1 Mark
Yours faithfully,
Signature
Gofure Adams (Esq.)
Encl: ½ mark
4 Marks
CURRICULLUM VITAE
PERSONAL DATA
NAME: GOFURE ADAMS ESQ
ADDRESS: PLOT 2360 KABO WAY, KANO.
EMAIL ADDRESS: Gofuadams@yahoo.com
PHONE NUMBER: 090789823 17
STATE OF ORIGIN: KANO STATE.
DATE OF BIRTH: 22ND SEPTEMBER 1972.
MARITAL STATUS: MARRIED
NATIONALTY: NIGERIAN
LOCAL GOVERNMENT AREA: KANO NORTH EAST
SHOOLS/INSTITUTIONS ATTENDED WITH DATES.
Institution Date Attended
- i) Bayero University Kano 2006-2007
- ii) Nigerian Law School 2003-2004
iii) University of Jos 1997-2002
- iv) comprehensive Secondary School, Jos 1991-1998
- v) Foundation Primary School, Jos 1985-1990
QUALIFICATIONS/ CERTIFICATE OBTAINED WITH DATES
Qualification Year Obtained
- i) Master of Laws 2007
- ii) Barrister-at-Law 2004
iii) Bachelor of Laws 2002
- iv) Secondary School Certificate 1996
- v) First School Leaving Certificate 1990
WORK EXPERIENCE.
Company Position Held Date
Gofure, Mena and Waje Abuja Senior Partner 2010–Date
Owoniboys LP, Lagos Legal Associate 2008-2010
Minisiry of Justice, Abuja Legal Officer 2007-2008
½ mark
HOBBIES.
- Cycling
- Soccer
- ½ mark
REFEREES
- i) Mr. Mena Esq-
Legal Practitioner and Senior Partner at Gofu, Mena and Waje LP, Kabo Way, Kano. 09078316787.
- ii) Mi Goje Danjuma (Esq.)
Attorney-General Kano State,
09098890001 ½ mark
Signature
Date: ¼ mark
3 marks
QUESTION 3B
Members of the National Judicial Council are;
- The Chief Justice of Nigeria
- The next most senior Justice of the Supreme Court as Vice Chairman
iii. President Court of Appeal
- 5 retired Justices selected by the CJN from the Supreme Court or Court of Appeal
- Chief Judge of the Federal High Court
- President of the National Industrial Court.
vii. Grand Khadi to be appointed by the CJN from amongst Grand Khadis of the Sharia Courts of Appeal
viii. One President of the Customary Court of Appeal to be appointed by the CJN from among President oi the Customary CA to serve in rotation for 2 years.
- 5 members of the NBA of not less than 15 years post call, at least one of whom shall be a SAN appointed by the CJN On the recommendation of the National Executive Council of the NBA
- 2 persons not beng legai practitioners who in the opinion of tiie CJN are of unquestionable integrity.
Any 5= 2½ marks
Two functions of the NJC in relation to Gofure Adam’s appointment are
- Recommendation of persons for appointment as judicial officers.
- Recommendation of persons for removal as judicial officers
- Exercise of disciplinary actions.
- To collect, control and disburse all monies relating to the Judiciary
- To deal with all other matters relating to broad issues of policy and administration.
See 3rd Schedule to the 1999 Constitution (as amended) Part 1 Paragraph 21
Any 2= 1 mark
- 3 exclusive rights of Gofure Adams as a legal practitioner are:
- Rignt to audience before a court of law. S. 8, LPA. s. 36 (6) (d) ot the CFRN.
- Right to be appointed as a Senior Advocate of Nigeria.
iii. Right to be appointed as a Notary Public.
- Exclusive right to prepare Statutory Declaration of Compliance in line with Section 35 (3) of Companies and Allied Matters Act.
- Right to be appointed as Attorney-General
- Right to prepare instruments of transter and deed of Conveyanee for a fee. S. 22(1)(d) LPA
vii. Right to prepare letters of Admmistration and Probate dociuments
viii. Right to prepare documents relating to proceedings in Court
Any 3= 1½ marks
