SAMPLES OF ETHICAL DILEMMA 2

NIGERIAN LAW SCHOOL EXTERNSHIP PROGRAMME
NAME:
CAMPUS: KANO CAMPUS
REGISTRATION NO:
DATE: 3/7/2019

AN ETHICAL DILEMMA

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

Chief Olaonipekun, the Managing Director of BUBU fisheries Ltd called his longtime friend Segun Lawal esq, an associate at Odeniyi and Co at no 4, Isabo road, Abeokuta, Ogun State to inform him of how he wants to sell his hotel at no 4, belcky street, Ekiti state and his farm at no 6, Lennart street, Uyo to Mr. Razaq Lawson and Mrs. Okechukwu.

Chief Olaonipekun informed Segun Lawal that he had already given the two buyers Segun Lawal’s number and account number for the deposit of 4.5 million being part payment of the two properties respectively. Thereafter, Chief Olaonipekun invited Segun Lawal to his house for more details on the sale of the properties.  Razaq Lawson called Segun Lawal to tell him that he would deposit the 4.5 million naira into his account and that Razaq Lawson is an agent of Segun Lawal’s brother, Kehinde Lawal who owes Segun Lawal 2 million naira.

Mrs. Okechukwu called and informed Segun Lawal that the farm that chief Olaonipekun claims as his own is a family property and consent of the family head had not been obtained.
The hypothetical scenario raises an ethical dilemma. The applicable rules of the Rules of Professional Conduct are as follows:

• Whether a lawyer can call at a client’s house or place of business: Rule 22 provides that a lawyer has the duty to take instructions from a client in chambers and not the client’s house except for urgent reasons e.g. where the client is ill, where it has to do with family relations, etc.
• Whether money received on behalf of the client can be deposited into the counsel’s account: Rule 23 provides that a lawyer who collects money for his client, or is in position to deliver property on behalf of his client, shall promptly report and account for it and shall not mix such money or property with or use it as, his own.
• Whether the counsel can take up briefs in which there is a conflict of interest: Rule 17 provides that Except with the consent of his client after full disclosure, a lawyer shall not accept a retainer if the exercise of his professional judgment on behalf of his client will be or may reasonably be affected by his own financial, business, property, or personal interest.
• Whether the counsel in this scenario can withdraw from employment: Rule 21 provides that a lawyer can only withdraw from employment, once assumed, for good cause and after reasonable notice to the client.
• Whether the counsel can still go ahead with the sale of the farm: Rule 15(1) provides that ‘In his representation of a client, a lawyer may refuse to aid 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 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.

From the foregoing, subject to the various rules of professional conduct, Segun Lawal can withdraw from employment because chief Olaonipekun intend to sell the farm (being a family property) illegally by not obtaining the consent of the family head and principal members. this is subject to the provisions of Rule 1, Rule 15 and Rule 21.  Segun Lawal esq should also refrain from going to Chief Olaonipekun’s house to receive information about the sale because this results in the breach of Rule 22. Segun Lawal is obliged to disclose any conflict of interest between him and Mr Razaq Lawson subject to Rule 17

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