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THE PRACTICE OF LAW AND BEING A COMMISSION AGENT; PRACTICE OF LAW IS A QUESTION OF FACT

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Rule 7(2)(b) of the Rules of Professional Conduct for Legal Practitioners, 2007 RPC, therefore forbids a lawyer from practicing as a legal practitioner while personally engaged in the business of a commission agent. A proper dissection of this Rule shows that what is forbidden is practicing as a lawyer, while engaged in the business of a commission agent. In other words, the active part of the provision/prohibition is practice as a legal practitioner. The provision does not forbid a legal practitioner from engaging in the business of a commission agent. Rather, it forbids a legal practitioner engaged in the business of commissioned agent from practicing as a legal practitioner while so engaged. In construing this provision, it is pertinent to note that the qualification of a person as a legal practitioner is distinct from practice as a legal practitioner while the former borders on the mere appellation of one as a lawyer upon being called to the Nigerian Bar, the latter is a question of fact and evidence.

— H.M. Ogunwumiju, JCA. Godwin Ukah & Ors. V. Christopher A. Onyia & Ors. (CA/E/295/2008, 21 Jan 2016)

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WHAT LAW PRACTICE INVOLVES

It is apparent that Law Practice involves in a representative capacity appearing as an advocate or drawing up papers, pleadings or documents, or performing any act in connection with proceedings before a court or body, board, committee, commission or officers constituted by law or having authority to take evidence in or settle or determine controversies in the exercise of the judicial power of the state or any subdivision thereof. It is also part of a lawyers’ vocation to render expert opinions on matters of law and to be engaged as a consultant by public or private bodies to render professional services including drafting of legal or administrative documents, statutes, regulations, etc.

— S. Kado J. Akazor Gladys & Ors. V. Council of legal education (NICN/ABJ/346/2017, 20th day of March 2019)