By Ogbonna Casmir
Outside tenancy agreement can a lawyer be an agent to a landlord to the breach of section 7 subsection 1, 2 and 3 of legal practitioners Act, rules of professional conduct?
The practitioners Act forbids a lawyer from engaging in any other businesses execpt as provided in the Act.
However, Investigations have revealed that over 80 percent of legal practitioners in Enugu state and indeed across Eastern Nigeria have taken over Estate and Property Management while in most cases agents to landlords.
Checks further revealed that this development has caused the increase in the house rent in the state beyond reach of civil and public servants in the state.
For instance a cost of house rent for 3-bedroom flat cost a year is between N240,000 and N300,000; you are to pay first between N120,000 to N150,000 as lawyers agent fee.
In New Haven, Emene, Independence Layout, Trans-Ekulu and GRA while a prospective tenant can be allowed to pay for 6-months rent of N30,000 per month you are to pay N200,000 agency fees first.
Further investigations shows that lawyers instead of concentrating in doing cases for their clients, they are seen virtually in all construction firms lobbying property owners to be their agents.
A lawyer who spoke to 247ureports.com on condition of anonymity said the situation is not peculiar to lawyers in Enugu state or South-East, “it is a general phenomena, which cut across.”
“What is happing at the Bar is a reflection of Nigeria and it is not different from what happens in other professions.
“If you go to medical profession you a doctor employed by government running a private hospital but receives full salary at the end of the month. In most cases they refers a patient from government hospital to come to their private hospitals for proper care.
“Can you then compare this with a lawyer who is on his own to make ends meet”, he queried.
Legal Ethics (hand book) Rules of professional conduct for legal practitioners 2007. Legal practitioners Act LFNL. II 2004, stated clearly that a legal practitioner is forbid to Engage in Business while in practice.
Under rule 7 (1) stated that, “unless permitted by the General Council of the bar (hereinafter referred to as the ‘Bar Council’), a lawyer shall not practice as a legal practitioner at the same time as he practices any other profession.
(2). a lawyer shall not practice as a legal practitioner while personally engaged in;
(a), the business of buying and selling commodities,
(b), the business of a commission agent; and
(c), such other trade or business which the Bar Council may from time to time declare to be incompatible with practice as a lawyer or as tending to undermine the high standing of the profession.
In subsection 3, it stated that, “for the purpose of this rule, “trade or business” includes all forms of participation in any trade or business, but does not includes;
(a), membership of the Board of Directors of a Company which does not involve either executive, administrative or clerical functions.
(b), being secretary of a company, or
(c), being a shareholder in a company.
