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09 Oct

2013 NIGERIAN LAW SCHOOL BAR FINALS QUESTIONS AND ANSWERS IN PROFESSIONAL ETHICS AND SKILLS

NIGERIAN BAR FINAL EXAMINATIONS – PART II

LAW IN PRACTICE

FRIDAY, 13TH MAY, 2013 TIME: 3 HOURS

INSTRUCTIONS

THIS PAPER IS DIVIDED INTO 2 SECTIONS AND 2 ANSWER BOOKLETS ARE PROVIDED.
ALL QUESTIONS ARE COMPULSORY

WRITE YOUR EXAMINATION NUMBER ON EACH ANSWER BOOKLET

QUESTION 1

Mrs. Tayo Akpan of 10 constitution Drive Enugu has agreed to rent the property at 5 Independence Layout Enugu from Chief Kalu Okon of 7 Independence, Enugu. She has sent you the draft agreement below for your vetting. She is not happy with the language and wants you make it comprehensible for her. edraft the agreement in plain English, remove redundant words and archaic expressions and fill in any gaps and ensure a standard agreement is prepared.

THIS LEASE made the 15th day of April, 2011 BETWEEN Chief Kalu Okon of 7 Independence Layout Enugu, Enugu State (herein after called the Lessor) of the one part and Mrs Tayo Akpan of 10 constitution Drive, Enugu, Enugu State aforesaid (herein after called the Lessee) of the other part.

1. In consideration of the rent hereby reserved and the convenants and stipulations herein contained the lessor as beneficial owner hereby LEASES to the Lessee ALL (that) house and property at 5 Independence Layout, Enugu, Enugu State together with the garden, Boysquarters, Gatehouse, and Garden Shed Apartment thereto saving and excepting the Servant Quarters for a term of 2 years certain from the 1st of October 2011 through to the 30th of September, 2013 paying therefore in advance during the said term the net annual rent of N500,000.00. the rent for the first year having been paid.
2. The Lessee covenants with the Lessor:
i) To pay the rent reserved in the manner herein stated.
ii) To pay all rates and taxes payable by an occupier of the house.
iii) To insure and keep insured the house with a reputable insurance Company to be mutually agreed on in the sum of N15 million and at the request of the landlord’s authorized agent, to produce the Insurance policy and the receipt for premium paid for Inspection at anytime the demand is made.
iv) To repair and keep in repair the Internal parts of the house.
v) Generally to observe or perform all implied covenants applicable to lease agreements.

THE LANDLORD COVENANTS AS FOLLOWS:

1. The Lessee paying the rent reserved in the manner herein before stated, and observing or performing the covenants on her part herein contained to be observed and performed by the Lessee, shall peaceably hold and enjoy the house hereby leased during the term hereby granted without any lawful disturbance or interruption by or from the Lessor or anybody rightfully claiming through him.

2. To repair and keep in repair the exterior parts of the demised premises.

IN WITNESS WHEREOF:

The parties have set their hand and names the day and year first above written.

Signed by the lessor (an illiterate) Chief Okon (the Landlord)

___________________
In the presence of:

____________________
Signed by the Tenant:

Tayo Akpan__________________________

IN THE PRESENCE OF:

QUESTION 2
Mrs. Mary Ann Okafor instructed C. O. Egote, Esq, a solicitor to apply for Governor’s consent on her behalf in respect of her property at 80 Lagos Street, Ikeja, Lagos. When it became obvious that he was not carrying out the instruction expeditiously, she requested him to return the original title deeds in respect of the house. To her shock, he informed her that he had deposited them with Wayo Finance Company Limited as Security for a loan he obtained from it.

Mrs. Mary Ann Okafor has approached Wayo finance Company Limited for delivery of the documents to her. They have refused. She has consulted you. Her brief is the return of all her original title deeds and the dsicipline of Mr. C.O Egote, Esq.

a. Advise her on the validity of Wayo Finance Company Limited retaining her title deeds.
b. Identify the rule/rules of Professional Conduct Mr. Egote has breached.
c. i. Describe how you will commence the disciplinary procedure against Mr. Egote, Esq.
ii. Describe the procedure the Disciplinary authority will comply with in the discipline of Mr. Egote, Esq.
iii. What are the types of punishment that can be meted on Mr. Egote, Esq?

SECTION 2

1. Please use another Answer Booklet for this section.

ATTEMPT ALL QUESTIONS IN THIS SECTION
QUESTION 3

(A) The National Assembly has a bill for a law to establish the intellectual property Commission of Nigeria. The law is to provide for the establishment, function and management of a board comprising of fifteen members to carry on the affairs of the Commission. The law is to consolidate the existing enactments on intellectual property and amend some provisions where necessary. The law is also to come into effect on a date to be named by the Minister for Commerce and Industry.

Draft the law and reflect the following parts in your draft:-
The enacting clause, interpretation clause, establishment clause, long title, short title and commencement.
(B) Simmonds Baker is one of the biggest law firm in Abuja. Some of its partners are Benchers, it pays new wigs N500,000.00 per month, excluding other allowances. It has mandated its Human resources Department to recruit more hands for the firm. Because of the general concern about the failing standards in the skills of new wigs, the department set the following aptitude test for all those who applied to the firm.
i) List four skills that a lawyer requires in order to provide the best possible service to his client.
ii) What alternatives to litigation are available?
iii) State instances when a counsel may take instructions from his client outside his law office and why?
iv) Draft the short title of an Act the National Assembly passed in 2011 which amends the Legal Practitioners Act, 1975.
(C) (i) Steven Long is a lawyer in the law firm of Obi and Co. He took up the employment shortly after completing his National Service and has been there for five years.
He is desirous of joining an Oil company in order to make more money. Chevron Nigeria Plc has just advertised for the post of legal officers. Steven Long wishes to apply but he is worried about matters he should include in his curriculum vitae. Advise him.
(ii) After the application, Steven Long was employed as a legal officer with Chevron, Two months later, he was directed by the Company Secretary to attend and prepare the minutes of meeting of the Company with the Ministry of Petroleum. A foreign consultant, Mr. Roland Grey has also been invited to attend the meeting.

Outline the essentials of a good minutes of meeting.

QUESTION 4
Mutiu Ojo is a legal practitioner who was called to the Nigerian Bar in November 2010.He immediately set up his own law firm. On 17 May, 2011 he has a matter before the High Court of Justice, Maitama, Abuja. The case is between Leventis Motors and John Agbua. He is representing the plaintiff. On that same day, he also has matter before the court of Appeal sitting in Abuja. He has decided to write an application for adjournment. In the matter in the High Court. He is thinking that in view of his robust practice, he needs to have other lawyers working with him. He is also thinking of updating his law office with modern facilities for more effective case managment.

Answer the following:
(a) Draft the application for adjournment
(b) In view of Mutiu Ojo’s need of other lawyers working with him, advise him on the options open to him.
(c) State five modern office equipment for effective case management by a lawyer.
(d) To give Mutiu’s robust practice a support, suggest three possible office support staff that he would require.
(e) Mutiu Ojo wants to maintain a website for his law practice where he would display his qualification, the nature of cases he handled, the cases he has handled and won, his range of professional charges, etc. Advise him on the ethical issues involved in doing this.

LAW IN PRACTICE
MAY 2013
MARKING SCHEME

SECTION 1
QUESTION 1
THIS LEASE made the ——- day of ……….. 2011 between Chief Kalu Okon of 7 Independence Layout Enugu, Enugu State (the Lessor) of the one part and Mrs. Tayo Akpan of 10 Constitution Drive, Enugu, Enugu State (the Lessee) of the other part. 3mks.
1. In consideration of the rent reserved and the covenants contained in this lease, the Lessor as the beneficial owner lets out to the lessee all that house at 5 Independence Layout Enugu, Enugu State, with the garden, boys quarters, gatehouse and garden shop apartment, excepting the servant quarters for a term of two years, commencing on October 01, 2011 and ending on September 30, 2013, paying in advance yearly, a net rent of N500,000.00; the rent for the first year having been paid (the recipt of which the Lessor acknowledges). 3mks.
2. The Lessee covenants with the Lessor as follows:
i) To pay the rent in the manner stated above;
ii) To pay all rates and taxes payable by the occupier of the house, whether payable now or as may be introduced subsequently
iii) To insure and keep insured the house with a reputable insurances company to be mutually agreed on in the sum of N15 million and at the request of the Lessee’s authorised agent, to produce the insurance policy and the receipt for premium paid for inspection at anytime the demand is made.
iv) To repair and keep in repair the internal parts of the house.
v) Generally to observe all implied covenants applicable to lease agreements.
4mks.
The Lessor Covenants as follows:

1. That the Lessee paying the rent reserved in the manner stated above and observing the covenants on her part contained in this agreement to be observed by the Lessee, shall peaceably hold the house during the term granted without any disturbance from the Lessor or anybody rightly claiming through him.

2. To repair and keep in repair the exterior parts of the premises. 4MKS

IN WITNESS OF WHICH the parties have executed this lease in the manner below the day and year wrtten above.
1MK
SIGNED, SEALED & DELIVERED by the Lessor

—————————
MR KALU OKON
)
The contents of this document ahving been read and interpreted to him from English to Efik language by me Abu Baku of …………….. and he appeared perfectly to have understood the contents before affixing his thumb print/sign
3MKS

BEFORE ME

……………………………………….
MAGISTRATE/JUDGE/NOTARY PUBLIC

SIGNED, SEALED AND DELIVERED BY THE LESSEE

………………………………
Tayo Akpan

In the presence of
Name
Address
Occupation
Signature
2MKS

QUESTION 2 (a)
The deposit of Mrs. Ann Okafor’s title deeds with Wayo Finance Company is not valid. The instruction she gave to the lawyer Mr. C. O. Egote was clear; to apply for Governor’s consent on her behalf in respect of the property. The lawyer was wrong to have deposited her title deeds to obtain a personal loan. That is breach of his duty to his client. See Rule 23 of RPC. Mr.s Okafor is therefore entitled to the return of her title deeds by Wayo Finance Company.
4MKS

QUESTION 2 (b)
The Rules of Professional Conduct violated by Egote are Rules 18 and 23.
By the provisions of Rule 18(2), a lawyer shall not avoid the performance of a contract he made with his client whether such agreement is in writing or not. Egote failed to carry out the instruction of the client to apply for Governor’s consent with the title deeds.

Also, Egote is in breach of Rule 23(11) which prohibits a lawyer from doing any act whereby for his personal benefit or gain, he abuses or takes advantage of the confidence reposed in him by the client.
4MKS

QUESTION 2 (c) (i)
The procedure for the commencement of disciplinary procedures against Egote is as follows:
Mrs. Ann Okafor may write a petition against Mr. Egote and send it to any of the following persons: the Chief Justice of Nigeria, the Attorney-General of the Federation, the President of Court of Appeal or the presiding Justice of any court of Appeal Division, the chief Judge of the4 High Court of a State, the Federal High Court or the High Court of the Federal Capital Territory, the Chairman Body of Benchers, the President of the NBA or the Chairman of a branch of the NBA.
Any of these persons may receive the petition against the Egote.
4MKS

QUESTION 2 (c) (ii)
The Disciplinary Committee will comply with the following procedure:
(a) The written complaint received by any of the persons authorized by the LPDC Rules should be sent to the NBA for investigation. The NBA investigates and sends to the Secretary of the Committee its report of the investigation and copies of the documents it used for the investigationwhich shows a prima facie case against the lawyer.
(b) The LPDC will fix a date for hearing and notify the parties including the lawyer who is charged.
(c) If the party charged failed to appear at the hearing the LPDC may determine the case in his absence.
(d) The committee may take any number of witnesses and may direct the counsel representing parties to file written addresses.
(e) If after the hearing, the committee finds that the lawyer has committed the professional misconduct charged, it may direct the Registrar of the Supreme Court to give a particular punishment to the lawyer.
(f) A copy of the record of proceedings of the trial should be served by the Committee on any party that appeared at the proceeding. See LPDC Rules 2006.
6MKS.

QUESTION 2 (c) (iii)
The punishments are:
a) Striking off of name from the roll
b) Suspension
c) Admonition (or warning)
d) Order for return of documents or money by the lawyer
See s. 12 LPA
2MKS

SECTION 2
QUESTION 3 (a)

i) ENACTING CLAUSE
“ENACTED by the National Assembly of the Federal Republic of Nigeria as follows:”. 1MK

ii) INTERPRETATION
In this Act unless otherwise provided —-
“Commission”means the Commission as established under this Act
“Member”means a member as appointed under this Act 1MK

iii) ESTABLISHMENT
1. “There is hereby established a body to be known as the intellectual Property Commission of Nigeria (in this Act called The commission)”
2. “The Commission shall consist of fifteen members who shallbe men knowledgeable in intellectual property matters” 1MK

iv) LONG TITLE
“An Act to repeal and consolidate the Copyright Act, Patent and Design Act and the Trade Mark Act and to establish the Intellectual Property Commission of Nigeria and other matters connected therewith” 1MK

v) SHORT TITLE
“This Act may be cited as the intellectual Property Commission of Nigeria (Consolidation) Act 2011” 1MK

vi) COMMENCEMENT
“This Act shall come into effect on a date to be named by the Minister of Commerce and Industry as may be published in the official Gazette” 1MK

QUESTION 3 (b) (i)
A lawyer requires the following six skills to provide the best possible services to a client:
a. Legal Research skills
b. Verbal Communication skills
c. Drafting skills
d. Advocacy skills
e. Negotiation skills
f. Management skills
Any Four 2MKS

QUESTION 3 (b) (ii)
The alternative to litigation of resolving disputes are;
a. Mediation
b. Concilliation
c. Negotiation
d. Arbitration 2MKS

QUESTION 3 (b) (iii)
In the following instances, counsel amy take instructions from his client outside his Law Office;
a. Where the client is elderly
b. A situation whereby the counsel’s client is ill and desirous of consulting his lawyer
c. Where the nature of the counsels’s job requires his visible presence, client’s place of business may be appropriate. For example where the nature of the case requires counsel’s visit to locus in quo. 3MKS.

QUESTION 3 (b) (iv)
This Act may be cited as the “Legal Practitioners (Amendment) Act 2011” 1MK

QUESTION 3 (c) (i)
Matters that Stephen Long should include in his Curriculum Vitae
1. Name in full
2. Date of Birth
3. Place of Birth
4. Address-Permanent and work
5. Nationality
6. Local Government of Origin
7. Qualification
8. Job Experience
9. Educational Institution attended with dates
10. Hobbies
11. Referees
12. Conferences attended with dates
13. Awards and Distinctions
14. Telephone numbers and email address

ANY NINE 3MKS

QUESTION 3 (c) (ii)
Essentials of good minutes of a meetings;
1. Heading –stating type of meeting, venue and date
2. Attendance (present/absent)
3. Other parties in attendance
4. Opening Prayer
5. Reading minutes of the last meeting
6. Adoption of the minutes of the last meeting
7. Matters arising
8. Agenda for the meeting
9. Any other business
10. Motion for adjournement
11. Closing prayer
12. Signed by Secretary and Chairman
ANY NINE 3MKS

QUESTION 4 (a)

LETTER HEAD 1/2MK
Ref No. ½ Mk
13 May 2011 ½ Mk
The Registrar,
High Court2,
Maitama,Abuja 1/2MK

APPLICATION FOR ADJOURNMENT:1MK
RE:LEVENTIS MOTORS LIMITED V JOHN AGBUA(SUIT NO———)
We are counsel for the plantiffs in the above mentioned suit coming up for continuation of hearing on 17th may,2011.

Mutiu Ojo Esq.,who is personally handling the case,is engaged in a matter at the Court of Appeal, Abuja on the same day. We therefore humbly apply for an adjournment.
We humbly suggest 4th, 8th, or 16th of June, 2011.
We appologise for the inconveniences this may occassion. 2MKS

Mutiu Ojo Esq.,
Counsel for Plantiff
Mutiu Ojo & Co.,

QUESTION 4 (b)

I will suggest sole practitionership to him

2 Mks

QUESTION 4 (c)
Computer, telephone, phtocopiers, scanner, electronic law reports, internet facilities.

5 Mks FOR ANY FIVE

QUESTION 4 (d)
Office Supports staff include:
(1) Accountant;
(2) Receptionist;
(3) Litigation secretary
(4) Librarian
(5) Cleaner
(6) Messenger

3MKS

QUESTION 4 (e)

By stating the cases he has handled and won and the range of his professional charges he may be breaching the rule prohibiting soliciting which is unethical. Also the rule against advertising.

4MKS.

Isochukwu

Quite eccentric really

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