THE LEGAL PRACTITIONERS PROFESSIONAL NEGLIGENCE IN NIGERIA: EVALUATION OF THE GENERAL LIABILITY AND IMMUNITY AFFORDED ON LEGAL PRACTITIONERS IN THE CONDUCT OF THEIR CLIENT’S CASE

Abstract

This paper reviews the legal practitioner’s professional negligence in Nigeria and the rule of law exempting lawyers from liability for negligence in the conduct of proceedings in court, tribunal or other body. The introduction reminds us of the historical development of the legal profession. It examines the concept of professional negligence which involves misconduct or malpractice in the course of practicing one’s profession. The law places more responsibility on the professional in the exercise of judgment. Therefore the standard of care expected of a professional is high. The general rule is that a legal practitioner can be held liable for professional negligence. He may also be found guilty of professional misconduct or malpractice where he contravenes any of the rules of professional conduct. However, there exists a law in Nigeria that grants immunity to legal practitioners from negligent acts in the conduct of their client’s case. This paper explores the origin of the lawyer's immunity. It argues that the exemption granted lawyers in respect of court proceedings does not help the fallen standards of the legal profession in Nigeria. As a result, there is a general consensus among writers as to the removal of the immunity clause. Therefore, this paper examines the various advocates for the removal of the lawyer’s immunity and suggests a reconsideration for its possible removal. This paper concludes with a recommendation for a more pragmatic approach to maintaining the standards of the Legal Profession. The term professional negligence is used interchangeably with professional misconduct or malpractice.