2017 NIGERIAN LAW SCHOOL BAR FINALS QUESTIONS AND ANSWERS IN PROFESSIONAL ETHICS
NIGERIAN LAW SCHOOL
BWARI – ABUJA
BAR FINALS EXAMINATIONS
PROFESSIONAL ETHICS AND SKILLS
TUESDAY AUGUST 19, 2017 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
Chief Dan Harry is a successful businessman dealing in hospital equipment. His company is Dan Harry Medical Supplies (Nig.) Limited. He operates a shop at No. 10, D Line, Utako Modern Market, Abuja as well as a large warehouse at Industrial Area, also in Abuja. He supplied medical equipment worth seventeen million (17,000,000.00) naira to Good Health Hlospital Limited at its new clinic at No. 1, Hospital, Road Kubwa, Abuja. On November 21, 2016. Mr. Alabi Yaro, a staff of the hospital received the medical equipment on behalf of the hospital. The hospital made a payment or N5 million upon delivery and promised to liquidate the balance of N12 Imillion within two weeks in accordance with clause 4 of the contract agreement dated November 14, 2016 between the parties. The hospital failed to pay the balance as promised and on February 22, 2017 Chief Dan Harry approached the law firm of A. Y. Brown & Co to recover the indebtedness. On the same day, A.Y. Brown, Esq. asked you, a junior counsel in the law firm, to draft a letter of demand to be served on the hospital, giving it two weeks to liquidate the debt, failing which an action will be filed against the hospital at the High Court of the Fecleral Capital Territory.
(a) Draft the letter of demand to be served on the hospital. Your name tor this purpose is A.B, Smart, Esq.
(b) Chief Dan Harry accepted the proposal for instalmental payment and you duly communicated same to the hospital through its lawyers. At the end of March 2017, the hospital paid the sum of #4 million as the first instalment./Your principal, A.Y, Brown, Esq instructed Chuks Banigo, a junior counsel in the office to deposit the money in the firm’s clients’ account with First Bank Plc and notify the client. Chuks Banigo instead took N3.5 million out of the office to deposit the money in the firm’s clients’ account with First Bank Plc and notify the client. Chuks Banigo instead took #3.5 imillion out ot the funds and purchased a “tokunbo” Toyota Rav4 jeep which he needed to make transportation easier. He hoped to repay the money within a few months from some land deals he was pursuing. He only lodged the balance of 500,000.00 into the clients’ account and informed the client, Chief Dan Harry, that the hospital only paid N500,000.00
i. What duty has Chuks Banigo breached?
ii. Assuming that the client, Chief Dan Harry learns of the conduct of Chuks Banigo and wants to have him disciplined for professional misconduct, what is the appropriate step to take?
iii. Itemize in numbered paragraphs the steps which the relevant body should take to have Chuks Banigo’s conduct to have him disciplined.
iv. What is likely to be the fate of Chuks Bello if he is found to have breached the rules of professional conduct?
(c) The Mock Trials for the 2016/2017 Academic Session of the’ Nigerian Law School was just concluded. The Head of Academics of your Campus has directed you, as supervisor of the Criminal Mock Trial, Group 1, to write a Memorandum of not more than one page to him, giving a report of the activities of your group.
Draft the Memorandum.
(d) The compulsory dinners presciibed by the Body of Benchers for students of the Nigerian Law School is a very important part of their training in table manners, etiquette and decorum.
Briefly state sequentially, the procedure for these dinners.
(e) The President of the Nigerian Bar Association has appointed you, a new wig, to propose, on behalf of the Young Lawyers Forum, the Loyal Toast at a Bar Dinner. Briefly propose the Toast in not more than six sentënces..
QUESTION 2(a)
Mr. Felix Townboy, has a flourishing legal practice in Bayelsa State. He was retained by Populace Pharmaceuticals International, a company based in Cameroun, to execute in Nigeria, a judgment obtained in Cameroun for CFA 45,000,000 against three Nigerians namely Ade Ahmed, Pat Olowo and Chinedu Akpos. Mr. Felix Townboy took steps to execute the foreign judgement at the High Court of Bayelsa State and was able to recover part of the total judgement debt through fi-fa and sale of immovable property belonging to the 1st and 2nd judgement debtors. Mr. Townboy had deliberately refrained from levying execution against any property belongng the 3 judgment debtor, Chinedu Akpos, being his old school mate. The company eventually lost conficdence in Mr Townboy as a result of his conduct and consequently debriefed him.
With the aid of relevant authorities, answer the following questions:
i. Assuming that Mr. Townboy trained at Fouray Bay College, Sierra Leone and was called to the Camerounian Bar, under what circumstance(s) can he represent Popllace Pharmaceuticals International in a court in Nigeria?
ii. Assuming that the company briefed you to take over the case from Mr. Townboy, what necessary steps will you take in accordance with the Legal Practitioners ‘Act?.
iii. At the conclusion of a matter in the High Court, a counsel was about to leave when Mr. Okiri observed that he was the only counsel left in the court room.
He also observed that the Judge was busy putting finishing touches to a brief ruling in another matter.
What should Mr. Okiri do in the circumstance? Giye reason for your answer
QUESTION 2(b)
Binta Dogood is a legal practitioner of ten years post call experience. She worked With the legal department of Amigo Construction Limited for some years before setting up her private practice. She employed two legal practitioners, 1 cleaner, Secretary, and 1 messenger, who doubled as a clerk in her law firm.
On May 10, 2017 Binta arrived in court very early and when proceedings commenced, she applied for her case to be called out of turn. According to her, no Senior Advocate of Nigeria was in court and being the first counsel to arrive in court that day, she should be given that honour despite the presence of more senior legal practitioners in court.
The judge declined her application and she was displeased.
Answer the following questions:-
(a) Identify and briefly comment on the unit/type of practice run by Binta.
(b) Assuming that Binta has been asked by Funmi Ila to be allowed to share the cost of accommodation and other overhead costs while she uses a portion of the ofice, distinguish between (a) above and this unit/type of practice.
(c) Advise Binta as regarding the preced.ence in court.
SECTION B
PLEASE USE ANOTHER BOOKLET FOR THIS SECTION
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QUESTION 3 (a)
Law and Equity Partners, a firm of legal practitioners held a meeting on July 25, 2017 at its office located at No. 26 John Bull Crescent, Lagos Island. The meeting was to discuss the activities of the firm for the quarter just ended and deliberate on the proposed purchase of an existing building on the mainland to be used as a law office.
Present at the meeting were Chief Eric Johnson, Principal Partner, Mr. Felix Johnson, Partner, Mrs. Bimbo Allen, Counsel and Mr. Afees Looper, Counsel. In attendance was Mr. Robert Bridgestone, an Estate Surveyor.
It was resolved at the meeting that additional Lawyers should be employed.
(a) Prepare the minutes of the meeting of Law and Equity Associates held on July 25, 2017.
(b) What are the functions of the minutes of a meeting?
(c) Write an application for employment as Counsel, in the law firm of Law and Equity Partners and attach your updated Curriculum Vitae. Your name for the purpose is A. B. Smart, Esq
(d) Apart from existing building being proposed by the firm, What other types of premises may a legal practitioner use as a law office?
QUESTION 3 (b)
You are a Juunior Counsel in the law firm of B. A. Alade & Co. Your Principal asked you to interview Chief Fred, a new client. Answer thhe following question:
(i) List the stages of your interview, in accordance with AvIom Sherr’s model.
(ii) Having assured Chief Fred during the interview of your duty of Confidentiality, list the exceptions to the duty.
(iii) Assuming that after listening to Chief Fred, you advised him to attempt ADR before litigation and he wanted to know your reasons, mention three advantages of ADR over litigation that may convince him.
QUESTION 4 (a)
Cynthia Yemi was the Best Graduating Student both in the University and at the Nigerian Law School. Impressed by her academic excellence, the Governor of her State encouraged her to start up a law firm and gave her parents N10 million on November 10, 2016 as incentive for establishing the law firm. From the N10 milion, Cynthia’s parents gave her N5 million on November 11, 2016 to start the firm. She rented an office accommodation for 2 years at the rate of N300,000.00 per annum on November 13, 2016. Her uncle gave her N2 million as his contribution for furniture and practice books on November 14, 2016. From the N2 nmillion, she bought 4 tables and 4 chairs at the rate N120,000.00 and N90,000.00 each respectively on November 17, 2016. The next day, she purchased a cupboard and file cabinet for N30,000.00 and 15, 000.00 respectively. On November 20, 2016, she bought practice books including the Laws of the Federation for N300.000.00, a set of Supreme Court of Nigeria Judgments for N270,000.00 and precedent books for N80,000.00. On Novenmber 22, 2016, she bought a refrigerator and a generator for N110,000.00 and N450,000.00 respectively. She took a loan of N350,000.00 from United Bank or Alrica
Plc on November 23, 2016. From tthis loan she bought stationery tems such as paper,pen and envelopes on the same date. She spent a total of N20,000.00 for all the stationery. Thereafter, she kept an imprest of N200,000.00 in her office for running the office daily.
Prepare Cynthia’s cash book only.
QUESTION 4(b)
One of the cardinal objectives of the Bauchi State Government is the promotion of education in the State. As part of measures to reduce the level of illiteracy among the adult population in the State, the Government has resolved to set up an agency that will be saddled with tlhe responsibility of educating persons of the age of 20 years and above in primary and secondary eclucation.
To this end, the State Executive Council has mandated the Honourable Attorney-General of the State to send a Bill to the State House of Assembly, towards the actualization of this objéctive. The Law, when enacted shall come into-effect on a date to be stipulated by the Commissioner for Information.
You are a Junior State Counsel in the Mnistry of Justice and the Attorney-General has instucted you to prepare the Bil for presentation to the State House of Assembly.
Ansiwer the following questions:
(a) Mention the stages by which you will proceed for the purpose of drafting the Bill
(b) Assumng that analysis is one of the stages you identified in (a) above, list five areas you wil have to focus on at that stage.
(c) Draft the following parts of the Bill
(i) Long title
(ii) Short title.
(iii) Commnencement.
(iv) Enacting clause.
(v) Establishing clause.
(vi) Interpretation section
(d) State three professional dutiés, which as a draftsman, you owe the sponsor of the Bill.
(e) As a State Counsel from the Chambers of the Honourable Attorney-General of the Federation, you were assigned to represent the State in the Case of FRN vs. Ego Beke, Case No. FHC/2017/081C at the Federal High Court, Abuja.
(i) Announce youur appearance.
(ii) Assuing that the Court upheld your argument against bail for the accused person, how will you respond to the order of Court?
