SAMPLES OF ETHICAL DILEMMA 1

THE NIGERIAN LAW SCHOOL EXTERNSHIP PROGRAMME

NAME:

KANO CAMPUS

REG NO:

                                               AN ETHICAL DILEMMA

A dilemma is a situation that requires a choice between options that are or seem equally unfavourable or mutually exclusive. Ethics relates to moral obligations that one person owes another especially in law or relating to legal ethics. An ethical dilemma is a situation in which one is caught between two options neither of which is desirable.

There is a minimum standard of ethics and moral conduct that is expected of a legal practitioner. The ethics of the legal profession in Nigeria is regulated by the Rules of Professional Conduct, 2007 and a lawyer is expected to comply with all the Rules therein at all times.

The following is an hypothetical case to illustrate an ethical dilemma:

Barrister Young Juris has just been called to the Nigerian bar and has so far proved herself to be an efficient and brilliant lawyer who handles her matters excellently.
Mr Don Baron an ederly man who is a client of Barrister Young Juris has been arrested and detained in police custody for robbery. Unfortunately he was unable to reach Barrister Young Juris until Saturday. Barrister Juris has decided to apply for Police bail using Mr Don Baron as the surety for the bail application. She decided to apply for Police bail because it was a Saturday and no Court would be sitting and she could not wait for a weekday as it was very urgent. The urgency was in the fact that Mr Don Baron was very ill and needed immediate medical attention which the prison medical facility could not grant. If Mr Don Baron was released for treatment urgently he most likely would die.
The Deputy Police Officer at the station has refused the grant the bail application unless she bribes him as that way things are done but Barrister Young Juris knows that bribery is bribery.
What should Barrister Young Juris do in this case. The applicable rules of the Rules of Professional Conduct are as follows:

RULE 1: A lawyer shall uphold and observe the rule of law, promote and foster the cause of justice, maintain a high standard of professional conduct and shall not engage in any conduct which is unbecoming of a legal practitioner.

RULE 15(1): In his representation of a client, a lawyer may refuse to id or participate in conduct that he believes to be unlawful even though there is some support for an argument that the conduct is legal.

RULE 14(1): It is the duty of a lawyer to devote his attention, energy and expertise to the service of his client and subject to any rule of law, to act in a manner consistent with the interest of the client.
In this instant case it would seem that whichever position she takes she would be in breach of the Rules of Professional Conduct. If she gives bribe she would be in breach of rule 1 and 15. She would seem to be in breach of rule 14 if she doesn’t give bribe and lets her client stay in detention. My advice to her is that even though she has a duty to protect the interest of her client, that interest is however limited or subject to the provisions on the law and she can only act within the bounds of the law.

COOKIE. :POWER POINT  PRESENTATION