The Nigerian Bar Association (NBA) has recently introduced new rules to govern the relationship between clients and lawyers in Nigeria, especially with a focus on enhancing transparency, professionalism, and client protection. For Nigerians in the diaspora who need to engage Nigerian lawyers, understanding these rules is crucial for a smooth and safe legal experience.
Key New NBA Rules on Client-Lawyer Interactions
1. Mandatory Written Agreement
• Lawyers are now required to provide a written agreement to clients within 14 days of being hired. This contract must detail the scope of work, fees, and key terms so both parties are aligned from the outset.
• Any documents a lawyer prepares for you officially belong to you, the client.
2. Client Care and Communication
• Lawyers must keep clients fully informed on their case status, legal options, and all developments, ensuring active communication throughout the engagement.
• All legal practitioners are required to maintain a high standard of professional conduct, upholding the rule of law and prioritizing justice.
3. Fees and Remuneration
• Lawyers must clearly state their fees and expenses in the agreement. Hidden charges or surprise fees are not permitted.
• If payment terms change, lawyers must update the client in writing.
4. Confidentiality and Data Protection
• Lawyers must protect clients’ confidential information unless client consent is given or disclosure is required by law.
• The NBA also stresses compliance with Nigeria’s recent Data Protection Act for any personal data shared by clients.
5. Mandatory Continuing Professional Development (MCPD)
• Every lawyer in Nigeria must obtain annual credits from minimum continuing legal education to keep their license active. MCPD compliance guarantees clients that their lawyer remains up to date with legal developments.
6. Right to Choose, Duty to Refer
• Clients have the right to choose their lawyer; lawyers unable to serve must promptly decline or refer the client to another qualified practitioner.
7. Respectful and Fair Practice
• Lawyers must treat clients, colleagues, and adversaries with respect, dignity, and fairness at all times.
8. Special Protections for Diaspora Clients
• The NBA has launched forums and guidelines to bridge the gap for Nigerians in diaspora, helping ensure their voices and special needs are addressed during legal processes.
Practical Tips for Diaspora Clients Seeking Nigerian Legal Services
• Always request a written agreement before proceeding with a Nigerian lawyer.
• Insist on clear communication about your legal matter and request regular updates.
• Verify your lawyer’s NBA registration and CPD compliance to ensure legitimacy.
• Protect your documents: all paperwork prepared for you is legally your property.
NBA Stamp for Property Documents:
All land papers now require a special NBA number and an official stamp for validity.
- Fee Collection and Taxes:
Lawyers’ fees must be paid into a special NBA account where taxes are deducted before the remaining amount is disbursed to the lawyer.
Enforcement
- Failure to comply with these new rules can lead to disciplinary action by the NBA’s Legal Practitioners Disciplinary Committee (LPDC).
For property transactions or complex deals, check for extra compliance rules now required under the new NBA guidelines.
Summary
These new NBA client-care rules are designed to foster more transparent, trustworthy, and professional legal service, especially for Nigerians abroad. They give you stronger leverage and safety when engaging with lawyers in Nigeria, whether for business, property, or personal matters.
If you are outside Nigeria, insist on these protections and do not hesitate to contact the NBA for assistance or clarification should any red flag arise during your legal process.