AN EXAMINATION OF THE LEGAL FRAMEWORK REGULATING LEGAL PRACTITIONERS DUTY TO COURT IN NIGERIA
Abstract
This research examined the legal framework regulating the duty of legal practitioners to the court in Nigeria, focusing on the statutory, ethical, and institutional mechanisms established under the Legal Practitioners Act (LPA), the Rules of Professional Conduct (RPC 2023), and relevant judicial authorities. The study was motivated by the widening gap between the formal duties imposed on lawyers and the persistent rise in professional misconduct, including negligence, unethical courtroom behavior, and emerging digital-era infractions. It further interrogated key regulatory shortcomings such as outdated provisions in the LPA, limited firm-level accountability, ambiguity in the regulation of online professional conduct, and procedural weaknesses within disciplinary institutions. The aim of the research was to assess the adequacy of the existing legal and institutional framework governing lawyers’ duty to the court and to identify reforms necessary to strengthen enforcement. Using doctrinal methodology, which involves the examination of statutes, case law, and scholarly writings, the study evaluated how effectively the regulatory regime upholds lawyers’ obligations as officers of the court. The findings show that although the LPA, RPC, LPDC, Body of Benchers, and judiciary together provide a robust formal regulatory structure, enforcement remains inconsistent. Significant gaps persist, including the immunity clause under Section 9(3) LPA, the failure to regulate digital professional misconduct explicitly, and the absence of institutional accountability for law firms despite their central role in shaping professional culture. The study concludes that effective enforcement of the duty to court requires legislative reform, updated ethical rules reflecting digital realities, strengthened disciplinary mechanisms, and firm-level responsibility. These measures are essential to enhance ethical compliance, protect the integrity of judicial proceedings, and sustain public confidence in the legal profession.
Keywords: Legal practitioner, Professional misconduct, Duty to court, Legal Practitioners Act (LPA), Rules of Professional Conduct (RPC).
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