COMMUNIQUE OF THE 3RD ANNUAL CONFERENCE OF THE SECTION OF LEGAL PRACTICE OF NIGERIAN BAR ASSOCIATION HELD AT HAMDALA HOTEL, KADUNA, ON NOVEMBER 3-6 20

INTRODUCTION
The Section of Legal Practice held its 3rd Annual Conference at the Hamdala Hotel, Kaduna from 3rd to 6th November 2009 with the theme 'Legal practice: Changing times, changing strategies'. The conference was attended by over 450 delegates from nearly all the states from the Federation. Delegates at the various session discussed (1) the need to enhance the status of judicial officers at the lower Bench to ensure the integrity of the judicial system. (2) The need to adopt new billing strategy by lawyers to avoid breaching the Rules of Professional Ethics, (3) The seemingly criminality of the financial transaction which may have an adverse effect on the Country’s economy. (4) The need for lawyers to be conversant with the Rules of Professional Conduct and comply with same, (5) Discuss the relationship between senior and junior lawyers in the way Law Firms and Chambers are established and run and; finally discussed the use of land as means of creating wealth in the Country. At the end of the three-day conference, the Section resolved as follows-

1. That the Section deprecates the attitude of the Economic and Financial Crimes Commission and security agencies which have turned themselves into debt recovery agents and emphasized that financial transactions between banks and their customers are contractual which cannot be criminalised by mere imputation of the regulatory agencies.

2. The Section also calls on the Federal Government to take appropriate steps that will address the inadequacies and lapses in the current regulatory regime and introduce legislations that will forestall further crisis in the Banking industry

3. The Section frowns at imposition of stringent conditions for Bail to accused persons on offences that are ordinarily bailable and recommends to judicial officers to follow laid down precedents that recognises bail as a right.

4. The Section encourages Government at all levels to put in place measures that will enhance proper and systematic registration of landed properties and eliminates the bottleneck that hinders proper capital flow.

5. The Section condemns inadequate remuneration of judicial officers by some states, especially at the magistracy level, and recommends that state governments should ensure adequate welfare for their magistrates as incentives for delivery of service.

6. The Section calls on the various governments to, as a matter national Responsibility, look into the demands of the Judiciary Staff Union of Nigeria with a view to halting the ongoing strike which has paralysed activities at all the Courts in the Country.

7. The Section tasks members of the Legal Profession to continuously update their knowledge through continuous Legal education and other activities capable of expanding the frontiers of their skills in order to remain competitive in this era of fledgling globalised economy.

8. The Section observes that with the changing times and globalisation, lawyers should adopt such principles of charging that will enhance the good of the profession, access to justice and maintenance of justice.

9. The Section emphasizes the importance of adherence by lawyers to the Rules of Professional Ethics while stressing that the future of the profession rests on unqualified observance of these rules.

10. The Section observes that the present regime of remuneration of the juniors is undignified and a denigration of the public perception of the status of a Legal Practitioner and recommends that the senior members should pay the junior ones wages that takes cognisance of the present economic
realities.

11. The Section tasks the senior members of the profession to embrace the culture of mentoring the junior ones in order to instil in them enduring virtues as worthy legacy for the profession.

12. The Section states that partnership may assist successful practice in this era of specialisation and global approach to the practice of Law.

13. The Section acknowledges the fact that the 2007 Rules of Professional Ethics as seen currently is inadequate, it however noted that the rules were enacted after 12 years of its being drafted and therefore needs to be updated and recommended that the copies of the rules be distributed to all branches for transmission to members.

14. The Section advocates mutuality of respect between the Bar and the Bench and advises both not to employ indecent language which undermines the sanctity of the Court and exposes the profession to public odium and ridicule.

15. The Section expresses its gratitude to His Excellency Arc, Mohammed Namadi Sambo, for his support in making the conference a success and also expresses its thanks to the Governors of Rivers, Osun and Delta States, who are ably represented by their Deputies, for their collaboration and participation in all the activities at the conference.