“If a doctor goes to prison for a mistake, a lawyer should also go to prison if his client loses or is convicted”.
People say this all the time, and I think it’s important to clear up the misconception.
First, lawyers and doctors perform completely different functions. Doctors treat patients. Lawyer represent clients. A lawyer does not go to court to “free criminals.” A lawyer’s duty is to ensure that accused persons receives a fair trial and that the prosecution proves its case beyond reasonable doubt. If the prosecution fails to do so, the accused is entitled to an acquittal. If the prosecution succeeds, the lawyer may still advise on available legal options or an appeal. None of this changes the fact that it is the court and not the lawyer that determines guilt or innocence.
In fact, Rules of Professional Conduct discourage lawyers from guaranteeing victory or boasting that they can make a client win a case. No lawyer can promise an outcome because a lawyer is not the judge. Lawyers are ministers in the temple of justice. Our duty is to represent our clients competently, ethically, and fearlessly within the bounds of the law. The final decision always rests with the court.
So, a client is not imprisoned simply because of the lawyer’s mistake. A client is imprisoned because the court finds, based on the evidence presented, that the prosecution has proved the offence beyond reasonable doubt.
Although, section 9 of the Legal Practitioners Act provides that legal practitioners are generally liable for professional negligence and do not enjoy blanket immunity for damage caused by negligent conduct. However, this liability may be excluded where legal services are rendered without reward (pro bono), unless otherwise agreed, and it does not extend to a lawyer’s conduct in the course of litigation, where the traditional immunity relating to courtroom proceedings continues to apply.
Lawyers and doctors perform different functions. Doctors deal with patients while lawyers represents their clients. Both of them will be liable for professional negligence. But expecting a lawyer to go to prison simply because a client is convicted fundamentally misunderstands the lawyer's role in the justice system.
Thank you.
Usman A. Lanase Esq
10-08-2026.
📕RPC 2023 series with Egbon Adugbo
Rule 12 – Annual Practising Certificate
Being called to the Bar doesn’t mean you can practice indefinitely.
Every year, you need to meet the requirements for your Annual Practising Certificate.
In simple terms: being a lawyer is permanent, but your right to practise comes with yearly requirements.
(Read the sub sections for a clearer explanation)
**********************************
Rule 13 – Notification of Legal Practice
Starting your own law practice? Tell the NBA.
Rule 13 says that when a lawyer starts private practice, the NBA Branch where the office is located must be notified within 30 days.
And if your name or office address changes, update the NBA.
The Supreme Court has spoken with one voice. The technical escape hatch has been narrowed significantly. Enforcement of judgement against government funds held at CBN just became a lot more realistic. https://t.co/LhoVQb5P6N