INTRODUCTION

It baffles me a lot when I go on the street with my white and black and I hear people whispering into the air saying: ‘she must be a law student, I heard that profession is based on lies.’

I could recall that Saturday I sat with some sexagenarian and I heard them discussing lawyers and picturing them as a liar that have no home in heaven. Of course who am I to argue with them. Then I picked up my pen, it should do the argument instead.

Indeed, this represents the view of the larger population of society about lawyers.

Someone must definitely change the society’s mind-set.

Assertions must be altered!

Yes! There is more to legal profession than you think.

The legal profession, as a career, has far reaching influence on the lives of individuals, the society and the survival of any nation. However, the importance of lawyers in the society cannot be overemphasized and needed in virtually every field of human endeavour.

WHO IS A LAWYER?

According to Cosmas Chukunwike Okolo, a lawyer is a person trained in law and licensed to apply his knowledge of law to obtain legal redress in court and offer legal advice to clients. They are also known as attorney, counsel, solicitors, although all have different legal and technical meaning but are used interchangeably in everyday communication. They are generally known as legal practitioner by the virtue of Legal Practitioner Act 1975, cap 207, Laws of the Federation of Nigeria 1990 now cap iii 2004 re-enact the Legal Practitioner Act 1962 as amended.

In other words, a lawyer is a professional person qualified (as by a law degree/bar exam) and authorized to practice law. i.e. conduct lawsuit and give legal advice.

THE ROLE OF A LAWYER IN THE SOCIETY

The role of a lawyer depends on where you find him. In court, he is a litigator whose role is to plead the case of a client before the judge; in an in-house counsel, he promotes and represent the best interests of his company, ensuring the company does not go foul of statutory rules and regulations.

However, the society needs the assistance of lawyers to help manage its affair in order to promote peace and social order. Lawyers perform a critical role in the promotion of social order by the administration of the law in a manner which answers the fundamental requirements of justice. Below arethe roles of the legal practitioners in the society.

 

(1) DEFENDING THE INNOCENT AND THE ACCUSED: By the virtue of section 36(5) of the constitution of The Federal Republic of Nigeria 1999(as amended) which states:

Every person who is charged with criminal offence shall be presumed to be innocent until he is proved guilty.

Thus, no one guilty until proved guilty.This is where the lawyer comes in. lawyers help to make sure justice is served especially to the innocent and weak persons.

However, a legal practitioner for an accused ensure a fair trial and in doing so as a duty to the court; the temple of justice before whom he appears as a minister. Indeed, Lawyers are advocate of justice.

However,it was held in Udofia V. the state (1988) LPELR-3305(SC) that:

‘… it is the paramount duty of the defence counsel to defend the accused- which means to ensure that the accused person is never left out at any stage of the trial’

See Ekpo Obongha Mbang Vs. The state(2009) LPELR-CA/C/104/2007

 

(2) PROTECTING THE RIGHTS OF THE CITIZEN: Human being are entitled to some rights which cannot be deprived by anybody. These rights are provided in section 46(1) of the Constitution of Federal Republic of Nigeria. Chapter iv of the constitution spells out these rights. Therefore, any person who alleges any of the provisions of this chapter has been, is being or likely to be contravened in any manner relation to him may seek the help of a lawyer for the restoration of those rights.

See Ogwuche Vs. Federal Republic of Nigeria(ECW/CCJ/APP/09/ [2018] ECOWASCJ2; 913 FEBRUARY 2018)which the plaintiff, Festus A. O Ogwuche’s right to freedom of expression was threatened by The Federal Republic of Nigeria and due to that, he was represented and defended by lawyer.

 

(3) PROTECTING THE RIGHT OF THE ‘POOR MAN’: – There is a clear disparity between the powerful and not powerful in our society, between the big company and the user, between the rich and the poor, and between the employer and the employee.  Lawyers help balance that bias of power, as the threat of a lawsuit is always in the background.  For example, when insurance companies purposefully fail to pay on a legitimate policy, they face bad faith litigation.

see the case of Atwell Vs Maxwell Bridge Co.409 P.2d 994(Kan. 1996)

 

 (4) LAWYERS SERVE A POLICE FUNCTION: Lawyers provide a certain checks and balances that otherwise would not be available without them. For example, who will ensure that companies follow EPA guidelines, or that a water company will make sure their bottles are not contaminated with harmful pollutants.  Government has proven itself highly inefficient and incapable of handling such matters. lawyers give individuals a sense of security to pursue their life goals knowing someone will have their back if they need it.

 

(5) LAWYERS ARE ADVOCATES AND ADVISORS IN THE SOCIETY: lawyers work to represent individuals and corporations in civil trials, and to promote justice in criminal trials. Attorneys work as advisors to their clients, informing them of their rights, the processes of law and help them navigate the sometimes-tricky legal system.

 

Also, there are different categories of lawyers who specialises on different aspects in helping the society. They are:

  • Divorce lawyers: they specialise on many legal aspects that needs to be addressed when terminating a marriage.
  • Family lawyer: they handle anything having to do with direct family issues.
  • Immigration lawyer: they determine illegal rights obligations and duties of individual considered aliens and specialized in helping them gain legal citizenship within a specific country.
  • Criminal lawyer: they represent defendant and organisations facing criminal charges in state and federal courts.[i]
  • Accidents and personal injury lawyer: they involve civil law cases that focus on physical and psychological injuries. etc.
  • Business and cooperate lawyers: they handle a wide range of legal issue for publicly held companies and privately held businesses, and specialize in guiding and counselling and guiding their client through complex legal process.
  • Bankruptcy lawyer: they assist individuals or organizations that make legal declarations stating their inability to pay their creditors.
  • Employment lawyer: they govern the employer and the employee relationship.
  • Animal lawyer: they are involved in any legal cases involving veterinary malpractice, wrongful death, tainted pet food product, dog bite defence cases, animal cruelty, and other animal legal related legal cases.

In my opinion, without any form of equivocation, I’ll say lawyers are the most affable people in the world.

Yes, you read that right!Why? Of course I’ll tell you.

At any time of the day, provided during the working hours, they’ll greet strangers who walked into their firm with the nicest smile and greetings you’ll ever hear. They are naturally patient and polite regardless of whatever legal problems you bring to them. They fight and protect human rights and even go to the extent of risking their life to fight for justice. It is hasty/sleepy statement to say lawyers are liars. Lawyers will go to heaven in their hoard, because basically,lawyers are humanitarian worker who defends the innocent against the big and mighty oppressor. Lawyers do not defend the criminals only, they defend the innocent and the oppressed more. So if heaven is created for saints, shouldn’t lawyers be short-listed hands down?

In respect to the societal beliefs about lawyers, many wonder why an accused person caught in the act of committing a crime should spend years on trial with the aim of “proving” that he committed the crime he was caught committing. But before that, one must ask: who is a guilty man? In Section 36 (5) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended)

‘Every person charged with a criminal offence is presumed innocent until proven to be guilty! In other words, under law, no man is guilty until he is proven to be guilty!’

A legal practitioner never represents a guilty man! He only represents an innocent man who may or may not be proven guilty! Whether a person was caught in the act may only lend evidence to the ease with which his guilt will be proven.

However, what if the lawyer knows the Accused person is guilty? At this stage, for a properly trained lawyer it is simple: He must be a lawyer! Not a lawyer that lies but a lawyer that is professional in conduct and guided by the Rules of his profession!

In the Rules of Professional Conduct for Legal Practitioners 2007 states under Rules24. (1) which says:

“It is the duty of a lawyer to accept any briefs in the Court in which he professes to practice provided the proper professional fee is offered unless there are special circumstances which justify his refusal.”

It is highly unprofessional therefore for a legal practitioner to reject a client’s case, and more particularly in a criminal trial. As a Medical Doctor should treat a patient before him irrespective of whether he caused his sickness or rather, caused by an armed robber, a lawyer must render legal service to all before him and put his personal sentiments away when he acts professionally.

The above submissions were capture by the Supreme Court in UDOFIA V. THE STATE (1988) LPELR-3305(SC)where the court Per Oputa, J.S.C held that:

 

“Every person accused of crime has a right to a fair trial, including persons whose conduct, reputation, or alleged violations may be the subject of public unpopularity or clamour. This places a duty of service on the legal profession and, where particular employment is declined the refusal of the brief or to undertake a defence may not be justified merely on account of belief in the guilt of the accused, or repugnance towards him or to the crime or offence charged…’’

 

 

CONCLUSION                                                                            

If you think lawyers make their living through lies and baseless claims, I bet you’re only envious of a success you can’t understand nor explain. The life of a real lawyer is too responsible to him than mar a good name with petty lies.

what they do is to argue the matter before the court in the interest of their client. Many people have been wrongly accused as well as many having been framed up and they appear guilty and irredeemable on the surface, but in the process of prosecution /litigation, the matter will fail to be proven against such accused. The law is there to protect the innocent while punitive measures are provided against (the) offender (and the) guilty party.

In respect to the impression the legal profession has placed in the mind of thee society, I adopt the position of Honourable Justice Belgore JCA (As he then was) in P.I.P.C.S. Ltd v. Vlachos (2008) 4 NWLR (Pt. 1076) 1 at P. 17, when he said

 

‘…I must state, and with all emphasis, that lawyers are not liars, but honourable gentlemen who are trained to assist litigants and the court. Their first duty is to the court as ministers in the temple of justice’

Now tell me what will the world look like without a profession called law?

 

REFRENCES

  1. What Does a Lawyer Do? Available at careerexplorer.com accessed on 29th August, 2020
  2. Cit., at P.888
  3. Cosmas Chukwunwike Okolo., ‘Career Option for Lawyers’ 2004
  4. Adegoke, O.A; Badejogbin, R. E; Onoriode, M. E ‘Law in Practice’ 2019 p. 26
  5. Federal Republic of Nigeria Constitution 1999(as amended)
  6. Oliver Omoredia Esq., ‘Should a Lawyer Represent a Guilty Man?’ available at https://Nigerialii.org/com accessed on 1st September, 2020.
  7. globalfreedomofexpression.columbia.edu accessed on 3rd September, 2020.
  8. Tim ‘O’Hare., ‘Contributions Lawyers Make to The Society’ 2012 available at <oharelawfirm.com> accessed on 3rd September, 2020.
  9. Thomas Jefferson., ‘Top 5 Reasons The Society Needs Layers’ available at downtownlalaw.com accessed on 29th August 2020.
  10. Adedunmade Onibokun Esq., ‘The role of Nigeria Lawyers in Our Society’ available at legalnaija.com accessed on 28th September 2020
  11. Legal Practitioner Act 1975
  12. Rules of Professional Conduct

 

Oluwaleye Adedoyin Grace writes from Faculty of Law, Ahmadu Bello University, Zaria.,

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