Advertisement in the Nigerian legal profession

Alegal publication introduced into the Nigerian legal profession explored creating space for profile of lawyers in the profession, but got discouraged because someone said adverts are not allowed in the profession. This happens to be the perspective of many legal practitioners, without really considering the provisions of the Rules of Professional Conduct for Legal Practitioners 2007.

Rule 39(1) says a lawyer may engage in any advertising or promotion in connection with his practice of the law, provided it is fair and proper in all the circumstances, and complies with the provisions of the rules.

Rule 39 (2) says a lawyer shall not engage or be involved in any advertising or promotion of his practice of the law which is inaccurate or likely to mislead, is likely to diminish public confidence in the legal profession, or the administration of justice, or otherwise bring the legal profession into disrepute, make comparison with or criticizes other lawyers or other professions, or professionals; this includes any statement about the quality of the lawyers work, the size or success of his practice or his success rate; For example ‘we are the best corporate legal service providers in the country’ etc.

Rule 39(4), provides that, nothing in the rule shall preclude a lawyer from publishing in a reputable law list or law directory, a brief biography or informative data of himself, including all or any of the following; name or names of professional association, address, telephone number, telex number, e-mail address, the school, colleges or other institutions attended with dates of graduation, degree and other educational or academic qualifications or distinctions, date and place of birth and admission to practice law, post of honour, any legal teaching position, any national honours, membership and office in the bar association and duties thereon, and any position held in legal scientific societies.

What this means, is that legal practitioners are allowed to publish their profiles in a law list or law directory. Merriam Webster defines law list to be “a publication compiling the names and addresses of those engaged in the practice of law and information of interest to the law profession often including the courts, courts calendars, lawyers engaged in specialised fields (as admiralty or patent law), public officers, stenographers, handwriting experts, private investigators, or abstracts of law; legal directory.”

To my understanding, a lawyer is allowed to promote or advertise his practice of law as long as it is fair and proper, without casting insult or aspersion on the practice of his/ her fellow colleagues. Meaning the manner in which a lawyer promotes his practice would determine if he/she is in breach of the Rules of Professional Conduct.

What is expressly forbidden in the rules is improper attraction of business.

Rule 39(3) provides that a lawyer shall not solicit professional employment either directly or indirectly by circulars, handbills, advertisement through touts or personal communication or interview, by furnishing, permitting or inspiring newspaper, radio, or television comments in relation to his practice of law, by procuring his photograph to be published in connection with matters in which he has been or is engaged, or concerning the manner of their conduct, the magnitude of the interest involved, or the importance of the lawyer’s position, permitting or inspiring sound recording in relation to his practice of law, or such similar aggrandisement.

The above listed situations are examples of where a lawyer goes all out to solicit for clients, thereby demeaning the perception of the legal profession in the eyes of the public.

With the advent of globalisation, and internet, a lawyer can advertise his practice of law without violating the provisions of the Rules of Professional Conduct. Take for instance, a law firm’s website complies with Rule 39(4) though not expressly stated, the same applies to a lawyer publishing his/her profile on a legal publication meant for lawyers, and the reason for this is not farfetched, the mere fact that a lawyer places his/her profile on a legal publication, does not give out the impression that he/she is the best in the legal profession, neither does it castigate or diminish the practice of other lawyers’ areas of practice in the profession.

In sum, advertisement or promotion of practice of law is restricted not prohibited, while improper attraction of business is in complete violation of the Rules of Professional Conduct. Godspeed! Do send your comment(s), observation(s) and recommendation(s) to danielbulusson@gmail.com or like us on www.facebook.com/ younglawyerscolumn