PROFESSIONAL NEGLIGENCE AND LEGAL PRACTITIONERS IN NIGERIA

Abstract

Professional negligence by a legal practitioner happens when a lawyer fails to perform his legal duties to the required standard or breaches a duty of cares which he owes his client; and such poor conduct subsequently results in a financial loss, physical damage or injury to the client. The relationship between a client and his lawyer is a fiduciary one which creates duties and obligations on both parties, and more especially on the legal practitioner. The Legal Practitioners Act and the Rules of Professional Conduct, 2023 are the principal legislations that create the duties of a legal practitioner to his client and establish the basis for his liabilities where he fails to perform same. By virtue of the provisions of these legal regimes, legal practitioners are not immuned from liability arising from their professional negligence. The work examines the legal framework regulating professional negligence oflegal practitioners in Nigeria. The paper adopts the doctrinal legal research methodology. The paper founds that the legal practitioner owes his clients the duty of honesty, duty of care and skill and the duty of secrecy and confidentiality. The work recommends that section 9(3) of the Legal Practitioners Act should be amended assuch clause is no longer tenable in the contemporary times.