SUBCONSCIOUS BRAIN GROWTH

AN ETHICAL DILEMMA

“Michael Balogun had always dreamt of being an accountant following in the footsteps of his father. Being the only child, he was the jewel of his father’s eyes and it did not hurt that Michael was a bright student and has always been at the top of his class.

He got admitted into the University quite early, graduating with a first class in accountancy at the age of 20 and a chartered accountant by 21. His nickname was auditor Soyinka; this to represent that like Wole Soyinka, he too will go places with his accounting.

That same year however, his parents were killed in a car accident involving a drunk driver. They were killed instantly whilst the driver survived without any injury. Worst yet, he, the driver, was acquitted in court. This angered the young genius to learn all he could about law to overturn this decision.

After acquiring his LL. B Honours, he was admitted into the Nigerian Law School. However, depression fast caught up with him as his only family took ill; his grandmother was diagnosed with cancer. He managed to graduate with a third class.

To pay for his grandmother’s care, he planned to make a living practicing in both his legal and accounting capacities owning a firm with his best friend Dotun Kumuyi who is an accountant. The agreement will include Michael handling all the legal aspects of the contracts entered into by the accounting division giving him the opportunity to practice law and provide legal solutions for his clients in conjunction with auditing their account and financial records. Dotun also promised to help draw up legal documents and all that was needed was Michael’s signature.

His best friend also put it to him that if they sold marijuana on the side, he would make money faster and enough to cover his grandmother’s medical expenses.

Michael is confused with regards to the position of the law on the above issues as he barely listened during the classes for what is expected of a lawyer, hence his dilemma.

Rule 1 Rules of Professional Conduct for Legal Practitioners (RPC) 2007 states the general responsibility of a lawyer to uphold and observe the rule of law, maintain a high standard of professional conduct and shall not engage in any conduct which is unbecoming of a legal practitioner.

Rule 3 Rules of Professional Conduct for Legal Practitioners (RPC) 2007 states that a lawyer shall not aid a non-lawyer in the unauthorized practice of law or permit his professional services or name to be used in aid of or to make possible, the unauthorized practice of law by any person not qualified to or disqualified from practice. He shall not share legal fees with a non-lawyer except as provided in Rule 53.  A lawyer shall not, in return for a fee, write, sign or permit his name to be written or signed on documents prepared by a non-lawyer as if prepared by him.

Rule 5(1) Rules of Professional Conduct for Legal Practitioners (RPC) 2007 prohibits a lawyer from forming a partnership with a non-lawyer in Nigeria, if any of the activities of the partnership consists of the practice of law. From the above, since Michael’s best friend is not a lawyer, then they cannot form a partnership with the aim of creating a firm that involves the practice of law.

Rule 7 Rules of Professional Conduct for Legal Practitioners (RPC) 2007 states that unless permitted by the General Council of the Bar, a lawyer shall not practice as a legal practitioner at the same time as he practices any other profession. He shall not practice as a legal practitioner while personally engaged in the business of buying and selling commodities; the business of a commission agent or 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. Thus Michael needs to seek the permission of the General Council of the Bar.”

The above was written six years ago. With the learnings from ABP, it is a realization that with constant personal development and exposure to different perspectives, one’s brain continues to grow in its critical thinking capacity.