KNOW YOUR RIGHT: WHAT TO DO WHEN YOUR LAWYER HAS CHEATED YOU
Imagine spending your last money to hire a lawyer to help you recover your land.
Months later, you discover that something has gone wrong. Perhaps the lawyer has failed to take an important step, stopped communicating with you, or has not properly accounted for money entrusted to him.
You are angry.
You storm into the lawyer’s office and demand an explanation.
The argument becomes heated.
Then you push the lawyer.
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STOP.
Whatever your complaint may be, do not turn a dispute with your lawyer into a physical confrontation.
Your lawyer is subject to the law and professional discipline. But you, too, remain bound by the law.
WHAT DOES THE LAW REQUIRE OF A LAWYER?
The Rules of Professional Conduct for Legal Practitioners, 2023 (RPC 2023) set out specific duties owed by lawyers to their clients.
1. A LAWYER MUST DEVOTE ATTENTION TO YOUR CASE
Rule 14(1) RPC 2023 provides:
“A lawyer shall devote his attention, energy and expertise to the service of his client and… act in a manner consistent with the best interest of his client.”
The same Rule 14 goes further.
Under Rule 14(2), a lawyer is required, among other things, to consult the client on questions of doubt outside the lawyer’s discretion, keep the client informed about the progress and important developments in the matter, warn the client about particular risks and respond as promptly as reasonably possible to requests for information.
Importantly, Rule 14(5) provides that:
“Negligence in handling of a client’s affairs may be of such a nature as to amount to professional misconduct.”
So, where a lawyer seriously neglects a client’s matter, the appropriate response is not to fight the lawyer. The professional rules provide a mechanism for accountability.
2. YOUR LAWYER MUST PROPERLY HANDLE YOUR MONEY AND PROPERTY
This is particularly important where a client has paid money to a lawyer for a specific purpose.
Rule 23(1) RPC 2023 provides that:
“A lawyer shall not do any act where for his personal benefit or gain he abuses or takes advantage of the confidence reposed in him by his client.”
And Rule 23(2) provides:
“Where a lawyer collects money for his client or is in position to deliver property on behalf of his client, he shall promptly report, and account for it, and shall not mix such money or property with or use it as, his own.”
Therefore, if you believe your lawyer has failed to account for money or property entrusted to him, document the transaction and pursue the appropriate legal and professional remedies.
3. WHAT ABOUT CONFLICT OF INTEREST?
The RPC 2023 also specifically addresses conflict of interest under Rule 17. A lawyer’s professional responsibilities do not end simply because the client has paid a fee.
Where circumstances create a conflict that affects the lawyer’s ability to properly represent the client, the professional rules become relevant.
WHAT DOES THE CONSTITUTION SAY?
The 1999 Constitution of the Federal Republic of Nigeria, as amended, establishes the judicial system through which legal disputes are to be determined.
Section 6(1) vests judicial powers in the courts established for the Federation and the States.
Section 36(1) provides for the right to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such a manner as to secure its independence and impartiality.
And Section 34(1) provides:
“Every individual is entitled to respect for the dignity of his person…”
This includes protection against degrading treatment.
The constitutional framework therefore points toward lawful dispute resolution, judicial remedies and respect for the rights of everyone involved, rather than private punishment.
SO, WHAT SHOULD YOU DO IF YOUR LAWYER HAS WRONGED YOU?
First, remain calm.
Do not threaten, assault or damage the lawyer’s property.
Second, gather your evidence.
Keep your receipts, bank-transfer records, engagement letter, agreements, WhatsApp messages, emails, court documents and other relevant records.
Third, request an explanation.
Where appropriate, ask the lawyer in writing for an update on your case and an account of any money or property held on your behalf.
Fourth, obtain independent legal advice.
If you have lost confidence in your lawyer, another legal practitioner can advise you on the available remedies and whether you should change representation.
Finally, use the proper complaint and disciplinary channels.
A lawyer who has allegedly breached professional obligations can be subjected to the applicable professional disciplinary process.
The NBA has mechanisms for handling complaints concerning professional misconduct, while the relevant statutory disciplinary framework provides for proceedings against legal practitioners.
DON’T TURN ONE PROBLEM INTO TWO
You may have a legitimate complaint against your lawyer.
But if you assault, threaten or unlawfully damage the property of that lawyer, your own conduct can create a separate legal problem.
The fact that you believe somebody has wronged you does not give you the right to punish that person yourself.
If your lawyer cheats you, don’t use your fists.
Keep your evidence. Seek independent legal advice. Use the law.
KNOW YOUR RIGHTS. KNOW THE LAW. PROTECT YOURSELF.
Headlineswave Know Your Rights is an educational series intended to promote legal awareness. It is not a substitute for professional legal advice on the facts of a particular case.
Sources: Rules of Professional Conduct for Legal Practitioners, 2023; Constitution of the Federal Republic of Nigeria, 1999 (as amended).
