GENERAL DUTIES OF A LEGAL PRACTITIONER IN PROPERTY & CONVEYANCING TRANSACTIONS

(By udems)

1 . Duty to take instructions in the lawyer`s (law) office, and not in the client`s house of office, except in legally permitted circumstances;

2.  Duty to take adequate/sufficient instructions;

3.  Duty of professional diligence – Rule 16 RPC

4. Duty of care, dedication and devotion to client`s matter

5. Duty to avoid conflict of interest – Rule 17 RPC

6. Duty to represent the client within the bounds of law --- Rule 1 and Rule 15 RPC

7. Duty of professional secrecy & privilege (confidentiality) --- Rule 19 RPC

8. Duty to render candid and honest advice at all times

9. Duty to give the client constant update on the client`s work

10. The lawyer must not charge illegal fees -- Rule 48 (2) RPC

11.   The lawyer must not charge excessive fees-- Rule 48 (2) RPC

12. The lawyer must not charge fees that are too low – Rule 52 (1) RPC

13. The lawyer should charge adequate fee -- Rule 48 (1) RPC

14. He may undertake prono bono services in deserving situations – in the case of indigent clients =- Rule 52 (1) RPC

15. He must not enter into a contingency fee arrangement without first having advised the client of the effect, and without complying with provisions of the RPC -- Rule 50 (4) & (5) & Rule 50 (1) RPC;

16. Where a lawyer accepts a retainer in respect of a brief, he should be separately instructed and separately remunerated by fees for each piece of work -- Rule 49 (2) RPC – note that this applies only to litigation; but then, property transactions may result in litigation.

17. The lawyer must not enter into any agreement to pay for, or to bear the expenses of his client`s work, except as a matter of convenience and subject to reimbursement -- Rule 51, RPC;

18. The lawyer shall not share the fees of his legal services except with another lawyer, based on the division of services or responsibility or in accordance with the RPC -- Rule 53, RPC;

19. The lawyer must not accept any compensation, rebate, commission, gift or other advantage from or on behalf of the opposing party except with the full knowledge and consent of his client after full disclosure -- Rule 54 RPC

20. Where the lawyer takes over a brief from a former lawyer for the client, the new lawyer has a duty to use his best endeavours to ensure that all the fees due to the former lawyer are paid -- Rule 28 (2) RPC;

21 The lawyer shall ensure that all agreements relating to his professional fees are reduced to writing-- Rule 28 (2) RPC

22.  The lawyer must faithfully observe all agreements made with his client, in respect of the lawyer`s professional fees – Rule 18 RPC

23.  Duty to keep all client`s money in the client account, and to not mix client money with his personal money --- Rule 23 RPC

24.  Duty to render proper and transparent account in respect of any client money in the lawyer`s custody --- Rule 23 RPC

25. Duty to never misappropriate nor dip his hands into client`s money

26. To act in the best interest of the client;

27... Etc. 

Respectfully,

Sylvester Udemezue

(08109024556; [email protected])