Can A Lawyer Practice Another Profession While Practicing Law And/Or Can A Lawyer Do Business? By Ebi Robert

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INTRODUCTION:


The legal profession is one of the oldest professions in the world. All over the globe, the practice of the legal profession is guided by laws. In Nigeria, the legal profession is guided by about five legal instruments.  In the case of FBN Plc. & Ors. v. Maiwada & OrsSC.204/2002 (Consolidated), whilst speaking on the laws governing legal practice in Nigeria, ADEKEYE, J.S.C, stated thus: “The legal profession in Nigeria is covered by the provisions of the Legal Practitioners Act with the Rules, Orders and Notices – which are (a) Legal Practitioners Disciplinary Committee Rules 2006, (b) Rules of Professional Conduct in the legal profession, (c) Senior Advocate of Nigeria (privileges or functions) Rules 1979, (d) Entitlement to practice as Barristers and Solicitors Order 1992, (e) Legal Practitioners (Remuneration for Legal Documentations) and other Land Matters Order, (f) Legal Practitioners (Bar Practicing Fees) Notice 2002.” In Nigeria, when one is called to the Nigerian Bar as a Barrister and Solicitor of the Supreme Court of Nigeria, he is not expected to practice any other profession except law; he is not also expected to engage in business. This has made some lawyers who are skilled in other trades, that is to say, professions, to let go those skills acquired from those professions to stick to the legal work alone. The law is that a lawyer shall not practice as a legal practitioner at the same time as he practices any other profession. This article argues that the law does not prohibit a lawyer from practicing another profession at same as he or she practices law. The writer further argues that the law only restricts such conduct.


THE LEGAL PROFESSION AS A BUSINESS:


The law or legal profession is not seen by some as a business. This is because they pretend to see the profession as a noble profession which should not be allowed to be influenced by negative introductions.  No wonder, advertisement is also restricted in the legal profession here in Nigeria. But for some of us, the legal profession is a business. That is to say, it is a trade. Mazi Afam Osigwe, SAN, while presenting a paper titled “The Challenges Of Managing A Law Office In Modern Day Nigeria”, at the Law week of NBA Zaria Branch, on the 29th of November 29, 2017, affirmed the fact that the legal profession is a business, hence, the need to take it seriously. Quoting Bellas and Wachowski, he said:

“It speaks for itself that most of the lawyers who claim we are a highly educated profession and therefore not a business were either very successful in a specialty field or were professors of law. More power to them.  But as for the rest of us, we are operating businesses.  And if we don’t begin paying attention to how well we manage and promote our legal enterprises, we are in danger of going out of business as a profession. If you don’t think the legal industry is a commercial enterprise, consider the following. We hire employees with related personnel issues. We have a payroll and pay payroll taxes.

“We pay rent or buy real estate. We have debt. We have (or should have) systems to operate our practice. We have partnership issues. We market ourselves. We have business plans. And we are regulated. What else is needed to convince lawyers this is a business? In one sense, the question at this point is more or less a matter of semantics. Law is clearly a profession, but since you are selling a service, it is also clearly a business. The distinction is not only arbitrary; it is also a potential threat to our future livelihood”.

Speaking further, he noted that while law practice is business, legal practitioners are not business people, therefore practitioners involved in legal practice are engaged in business, but are not businessmen. Although all the points itemized by Bellas and Wachowski, may not be completely applicable to the legal profession in Nigeria, the fact remains that most of the things stated applies to law practice in Nigeria. The Supreme Court has also emphasized that the Legal profession is a serious business. Although, it can be argued that the Supreme Court was not looking at it from the angle of a trade per se, but a specialty, the undisputed fact remains that it is not in doubt that the legal profession is an important profession.

In the case of Okafor & Ors v. Nweke & Ors (2007) LPELR-2412(SC), the court stated held as follows: “Legal practice is a very serious business that is to be undertaken by serious minded practitioners particularly as both the legally trained minds and those not so trained always learn from our examples. We therefore owe the legal profession the duty to maintain the very high standards required in the practice of the profession in this country. The law exists as a guide for actions needed for the practice of the law, not to be twisted and tuned to serve whatever purpose, legitimate or otherwise which can only but result in embarrassing the profession if encouraged. Per ONNOGHEN, J.S.C (Pp. 12-13, paras. E-B).

The foregoing shows that the legal profession is a serious business whether seen as just a profession or as a business, it is a serious practice. It demands the highest level of diligence, and ethical consideration. Thus, the legal profession is primarily regulated by the Rules of Professional Conduct. The Court of Appeal while speaking on the RPC, said as follows: “The Rules of Professional Conduct (RPC) is made pursuant to S.11 (4) of the Legal Practitioners Act (LPA). S. 11(4) of the LPA is certainly not enacted for the purposes of determining the validity or otherwise of commercial transactions. The RPC is made purely for disciplinary purposes. This point is accentuated by Rule 55(1) of the RPC which stipulates in clear terms, the means of enforcing the provisions of the RPC, including those of Rule 7(2)(b) of the RPC. Rule 55 (1) of the RPC provides as follows:”If a lawyer acts in contravention of any of the Rules in these Rules or fails to perform any of the duties imposed by the Rules, he shall be guilty of professional misconduct and liable to punishment as provided in the Legal Practitioners Act, 1975″. Again, a joint reading of S.11 (1) and (4) of the LPA shows clearly that only the relevant disciplinary committee has the jurisdiction to enforce the provisions of the RPC.” Per  OGUNWUMIJU,  J.C.A. (P. 22, Paras. A-E) (See Ukah & Ors v. Onyia & Ors (2016) LPELR-40025(CA).

THE LEGAL PROFESSION, OTHER PROFESSIONS AND BUSINESS

Generally, no lawyer is allowed or permitted to practice any other profession apart from law. According to Rule 7 of the Rules of Professional Conducta lawyer shall not practice as a legal practitioner at the same time he practices any other profession. This means that one cannot practice law and practice any other profession at the same time. If for any reason, a lawyer feels like practicing another profession, the lawyer is at liberty to go into that practice and stop practice of the law. That is to say, in so far as the person does not practice law, he or she is at liberty to practice any other profession. Rule 7 Sub Rule (2) states that 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; (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. The above provisions reveal without any form of vagueness that a lawyer is not permitted to engage in business, neither is he or she allowed or permitted to practice any other profession.

CAN A LAWYER PRACTICE ANY OTHER PROFESSION AT SAME TIME?

When there is a general rule, there is most likely going to be an exception. It is this writer’s opinion that though lawyers are generally not permitted to practice law and practice any other profession at same time, the law does not prohibit lawyers from practicing another profession. The writer argues that the law only restricts such practice. Rule 7 of the Rules of Professional Conduct states in full as follows:  — (1) 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 his practice any other profession.

The underlined part of the Rule shows that a lawyer can practice any other profession, if and only if he or she can get the permission or consent of the General Council of the Bar. Although, the writer is not aware of any case of such grant of consent or permission in this light, he is, however, of the opinion that such consent could be granted if the applicant can present convincing reasons why it should be granted. For instance, a lawyer who doubles as a medical doctor or surgeon (having specialization in a rare area of medicine or surgery), can apply to the Council and give convincing reasons as to why he or she should be allowed part-time practice of the medical profession to save lives when the need arises. This writer is also of the opinion that a lawyer who wishes to feature in only legal movies to enhance the practice of the law, could apply for such consent, in so far as the series will only be legal connected to help in the teachings of the law. Drama display or playlets in short, are one of the methods the Nigerian Law School adopts for groups in the institution to understand and learn the law. There are many very interesting law series out there that have helped lawyers improve in the act of cross examination, evidence evaluation, advocacy, and the rest. So it will not be out of place if a group of lawyers venture into the legal movie industry to develop the practice of the law through such mediums.

Someone like Imuekemhe Aliyu of Legaltainment can be kindly granted such consent to practice legal comedy at same time he practices the legal profession; this will to enable lawyers catch fun and feel entertained in a legal way. After all, lawyers are also humans who can enjoy leisure in their own way. The legal profession is changing with time, and we must move with the times. Nothing stops the NBA from inviting the Legaltainment group to the NBA Bar Conference to be entertained. (Note, these examples are simply subjective, and the writer’s opinion)

CAN A LAWYER GO INTO BUSINESS?

Generally, a lawyer cannot go into business, but there are exceptions. Rule 7 (3) states that for the purpose of this rule, “trade or business” includes all forms of participation in any trade or business, but does not include — (a) Membership of the Board of Directors of a company which does not involve executive, administrative or clerical functions; (b) being secretary of a company; or (c) being a shareholder in a company. This shows that a lawyer can be a Member of the Board of Directors of a company which does not involve executive, administrative or clerical functions, a secretary of a company, or a shareholder of a company.

Also, it is this writer’s opinion as well that a lawyer can engage in business in so far as he is not personally engaged in it. That is, a lawyer can be indirectly or personally engaged in business. For the avoidance of doubt, the rule is provided verbatim. “Rule 7 (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; (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.”

The key words are “PERSONALLY ENGAGED”. It is argued that a lawyer can own a business establishment, but he should not be the one to personally manage it. He or she can employ the services of others to manage the business. In so far as the said lawyer is not personally engaged in it, it does not violate the Rules. It is the writer’s position, therefore, that if a lawyer wishes to personally engage in business, the same shall stop practice of the law. But if he or she must go into business, then he or she shall not be personally engaged in it. That is, the affected lawyer should get the services of others to manage the business while he or she continues with the practice of the law. This means that the RPC does not stop a lawyer from engaging in business, the RPC only prohibits a lawyer from personally engaging in it. But one may ask, is this aspect provision of the Rule still fair for lawyers considering the current economic circumstance?

CONCLUSION:

Let me round up with the words of ABIRU J.C.A, in the case of  Mbas Motel Ltd. v. Wema Bank Plc (2013) LPELR-20736(CA). It states this: “Lawyers as operators of the administration of justice system owe a duty, to the society that nurtured them and made them what they are, to ensure that they conduct their activities in a manner that edifies and brings honor, respect and belief to the justice system. They should not allow themselves to be used by litigants to bring the justice system into disrepute. It is pertinent that this Court reminds Counsel of the eternal words of a great jurist J Wesley McWilliams who writing in an American Bar Association Journal in January 1955 (41 ABA 18) wrote in an article he titled “The Law as a Dynamic Profession” thus: “We belong to an ancient, to a great, to an honored profession. The practice of Law is a worthy calling. It has rewarded us with financial success and with prestige and leadership in our communities. It has given us much happiness and the good life. From it we have received the gratitude and respect of our friends and neighbors whom we have served. Our word affords intellectual pleasure with dignity and independence, in competition with our fellow Lawyers with whom we have cemented warm friendships and enjoyed happy companionships. For these blessings, we cannot but have a sense of gratitude and of obligation. The most productive, unselfish and wholly satisfying repayment of the obligation is constructive work to increase the effectiveness of our judicial system and the welfare of the profession.” Per ABIRU, J.C.A. (Pp. 26-27, Paras. G-G)

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