The Mystique of legal profession and the attendant expectation
This is actually home coming for me. It gives me a sense of honor to be invited to address the learned-gentlemen of the noble profession of my own stock in this hallowed chamber of great men and women of law and justice. This happens to be my first public outing since my confirmation as the National Chaplain, Nigerian Correctional Catholic Chaplaincy Services by the Catholic Bishops Conference of Nigeria (CBCN) on 26th August 2021.
As the Pioneer Catholic Chaplain of the Correctional Service, I stand before you as your priest in matters of the Divine, your learned-colleague in the temple of Justice and an officer in the order of Corrections and Reformation errant service for humanity. And I stand then, as a “Trinity Personality” all focusing on service to our nation and humanity wherever duty calls.
Why are we Lawyers? Why are we leaders?
Our meeting today calls for raising this twin questions. Anyone can submit that we are in search for knowledge! The essence of knowledge is its applicability to solving human problems. It is such a tool sought after by many from generations after generations. And one of such tools is the Law. It is such a value so desired and pursued with vigor by those who have moved beyond the ephemerality of bread and butter of life to seeking a superior knowledge in the rule of law, the apex of human wisdom, strictu sensu, a participation in the divine storehouse.
As you would recollect, Law, unequivocally occupies the pride of place in human sciences with its traditional twin calling in priesthood and medicine. Upon this tripod stands the harmony and peace of any society that wants to better the lots of its citizens. These are not mere careers, but vocations (lat. vocare), a call, not a trade. Disappointingly, service to humanity is its cardinal goal and often times thankless. Nonetheless, the consolation is that lives and livelihoods are saved, limbs and liberty restored ultimately and this is where leadership comes in.
Law, the engine of Justice
Behind the operationality of justice, law is the pivotal role played and maintained generally by the Ethics. By Ethics, I understand here as “the minimum standards of appropriate conduct within the legal profession, involving the duties that its members owe one another, their clients and the courts” (Black Law Dictionary, 10th Edition). In another perspective, it refers to as “the basic concepts and fundamental principles of decent human conduct…” (Business Dictionary, 10th Edition). The man on the street understands it as “what is morally right and wrong, or a set of beliefs about what is morally right and wrong.” (English Cambridge Dictionary). By kindred interpretation, ethics will have to do with sacred trust when conducting affairs with other human beings – TURST!
Our Basic Roles
Ethics has something to do with ethos (morality), character, habit and disposition of a person. By your Signature, others know the SIGN of your NATURE. Generally therefore, legal ethics refers to the standard expected of learned gentlemen, in the conduct of the business of law in relation to the court, the clients and co-learned travelers as well as self-comportment in the circle of non-law “educated” society. Promoters of this noble profession belong to a class that does not succumb to mediocrity or half measures, resort to excuses, sympathy nor sub-standards and under-performance. Additionally, as the Scriptures maintains “to whom much is given much is expected.”(Lk 12:48), there lies the all-rounder expectation of excellence demanded in leadership.
Hindsight to my law school days in Lagos Law School, far back 2005 was the seriousness with which Dr. Mrs. O T Odusote my lecturer handled the subject on Rules of Professional Conduct for Legal Practitioners (RPC), otherwise known as Legal Practitioners Act (Cap 20, LFN 1990). She was practically weeping on the podium on how lawyers have bastardized the sacred profession of legal practice and their integrity to the ridicule of other professional peers in the field of medicine and engineering. The legal practice is a duty we owe to justice and the society as midwives to evolving a society where decorum and trust is unmistakable, and integrity, our second name.
Lawyers in Leadership positions
Without going into the entire corpus of the RPC, our primary duties as lawyers and leaders are actually spelt out on the very first rule of the RPC. Being our jurisprudential paradigm and compass, “a lawyer shall uphold and observe the rule of law, promote and foster the cause of justice and maintain a high standard of professional conduct and shall not engage in any conduct which is unbecoming of a legal practitioner.” Apparently, there are a plethora of conducts not fit and proper, and uncomplimentary to the status of our profession that has gained judicial notice. For want of time, I will only sketch a portrait of some vexing conducts highly aberratious and scandalous (Gk. Scandalion) in the course of our service delivery. They constitute great disservice and an outright injustice to humanity, our nation, to justice per se, to our client and to legal profession as a whole. We are living in a very critical society that cannot accept poor performance for an answer, or notoriously on the cue of aiding and abetting crimes in the conduct of our sacred duties as ministers in the temple of justice. This is why I personally encourage ourselves to be involved in leadership so as to dispense justice and equity where they are required.
My Experience as a Lawyer
Working in the Correctional facilities for well over 27 years both as a lawyer and civilian chaplain (until commissioned as an officer few years ago), has given me the privileged of interacting with pre-trial inmates and convicts, even terroirs on face value and on the Sacrament of Confessions (Reconciliation) to know that mankind generally looks up (aside God) to lawyers for justice. To my chagrin, I get highly embarrassed when an inmate in custodial center introduces himself as a lawyer. Why will a hunter become the hunted? Caesar’s wife must be above suspicion. Nobody out in the society will understand that it could be a careless misdemeanor as little as contempt of court due to the arrogance of the lawyer or in sympathy with the client in an attempt to save him from burning his fingers. A lawyer tries to play smart in order to save a client or something much more overt as engaging in such opprobrious act of fraud, even though an ordinary person in Nigeria sees it as an art.
An intimidating question for us all is: Should a legal practitioner be caught in the other side of the law and incidentally finds himself or herself in prison?
Saving our Laudable profession
It seems obligatory that we should act in a manner that any doubt raised about our personality should positively be resolved in our favour because Nemo dat quod non habet. We have Integrity not smartness. And here lies the key to a successful legal practice as supported in the famous principle of Lord Denning in Mcfoy’s case, “you cannot put something on nothing and expects it to stand”. Integrity is the foundation on which a sustainable legal practice balances.
Law abhors someone from taking advantage of the one who is already down, or using our position to display dishonesty. A number of times, inmates have run to me that their lawyers collected huge sum of money intending to represent them I court but later disappear. In some instances, they will get them misinformed and go on adjournment spree when they know that the case is a bad stock. We should not give hope when we know very clear and obvious that a case will eventually lead to jail term. Lawyers should be reminded that when it comes to justice and integrity, the sentiments of religion must not step aside but support. For me as a priest, I use my religion to advance the course of justice not as an escape route to excuse my incompetency. I do not need to be so heavenly minded that I am of no earthly use.
The Integrity-sustaining Lawyers
My learned seniors and colleagues, I do not intend to bore you with the entire corpus of the ethical conducts which I am in no doubt, a number of us do make frantic efforts in the conduct of our profession, not to denigrate the image of this profession but to promote our referred ethics. Quite certain, many have gone all out too, not in desperate hunt for money to make it by all manner of means, but to offer pro-bono services for the indigent in the society as well as detainees in the custodial centers, money or without money. This is what we recommend to you as leaders and lawyers. On my call, this is why the legal practice is value-laden and in tandem with the sacred priesthood and the science of medicine than just the monetary gains.
Conclusion
Finally, as you all know, expectations down home are enormous. Our services should translate positively to giving hope and support to the less privileged amongst us and the vulnerable ones down home. I have the touch that this might be why you have accepted to serve. Therefore, while I am grateful to the organizers for inviting me to this forum, I most importantly congratulate you, the newly elected executive who are to be sworn in today. Your mantra should be: Uplifting the legal profession with positive service to humanity through transparent and inclusive leadership.
Dear friends, as you know, my primary jurisdiction and competence are prayer-offers and in-as –much-as I do so, I try more to compliment with other responsibilities as needs arise. By this invitation therefore, I pledge to join in driving the objectives of this great association. Kindly accept my support in your highest esteem and regards.
Being a Key Note Address presented by Barr. Rev. Fr. Victor Nyoroh, CM, Deputy Superintendent of Corrections and National Chaplain, Nigerian Correctional Catholic Chaplaincy Services, National Headquarters, Abuja at the occasion of the inauguration of New Executive Officers, Association of Akwa Ibom (State) Lawyers, this day, the 4th of September,2021
