CORPORATE LAW PRACTICE: POWER OF CORPORATE AFFAIRS COMMISSION TO DE-REGISTER 38,716 COMPANIES FOR BREACH OF ANNUAL RETURNS

A Company can be considered a defunct company for failure to file its annual returns, and the Commission is empowered by SECTION 525 OF COMPANIES AND ALLIED MATTERS ACT to strike off defunct company.

This provision provides for the procedure CAC to adopt to strike out the name of defunct company failure to file its annual return, the procedure is as follows;

a)      Where the CAC has reasonable cause to believe that a company is not carrying on business or in operation, it may send to the company by post a letter inquiring whether the company is carrying on business or in operation

b)      If the CAC does not within one month of sending the letter, receive any answer, it shall within 14 days after the expiration of the one month send to the company by post, a registered letter referring to the first letter and stating that no answer thereto has been received and that if answer is not received to the second letter within one month, notice shall be published in the Gazette with a view to striking out the name of the company off the register

c)      If the CAC receives an answer to the effect that the company is not carrying on business or in operation, or does not within one month of sending the second letter, receives an answer, It may publish in the Gazette and send to the company by post, a notice that at the expiration of three months from the date of that notice, the name of the company mentioned therein shall unless cause to be shown to the contrary, be struck off the register, and the company shall be dissolved

d)      Any company or member aggrieved by the striking off the name of the company may apply to the court at any time before the expiration of twenty years from the publication of the notice striking off the name of the company for the name of the company to be restored to the register.

                                 IMPLICATION OF CAC ACTION

By striking off, it does not mean the companies have been dissolved. The companies have been more or less suspended and they cannot go back to business unless they obtain an order of court to re-list, the law from above gives them a window of 20 years within which they can apply to re-list.

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PROPERTY LAW PRACTICE: SOLICITOR BILLING AND ACCOUNTS IN PROPERTY TRANSACTION

WORD OF ADVICE: I know 80% of our audience dislike Mathematics, you need to appreciate it at this point, because if you don’t you will find this area of law boring and difficult and that the first step to failure. BREAKING NEWS; THIS AREA ALWAYS COME OUT IN BAR FINAL!!!! SO LOVE IT AND PRACTICE IT.

                                               

                                               BILL OF CHARGES

GROUND RULE: The Professional fee charged by a lawyer for his service shall be reasonable and commensurate with the service rendered. The lawyer shall not charge fees which are excessive or so low to amount to understand. However, you may charge a reduced fee or no fee at all on the ground of the special relationship or indigence of the client.

In determining our legal fees we must take into account the following considerations to ascertain the value of the service rendered;

a)      The time and labour required, the novelty and difficult of the questions involved and the skill required to conduct the cause properly

b)      Whether the acceptance of employment in the particular case will preclude the lawyer’s appearance for other cases

c)      Whether the acceptance of the employment will involve the loss of other employment

d)      The customary charges of the Bar for similar services

e)      The amount involved in controversy and the benefits resulting to the client from the services

f)       The contingency or the certainty of the compensation

g)      The character of the employment, whether casual or for an established or constant client.

SEE RULE 52 RULES OF PROFESSIONAL CONDUCT

SO, For the purpose of property transaction, charges will be based on;

a)      Sale of land

b)      Lease

c)      Mortgage

d)      Legal documentation. Etc

MODE OF CHARGING

a)      Consultation fee

b)      Gearing

c)      Quantum Merut

d)      Scale Fee

e)      Fixed fee

f)       Hourly rate fee

g)      Appearance fee

h)      Contigent fee

i)        Percentage fee

N.B: AS A LEGAL PRACTITIONER YOU CANNOT GIVE QUOTATION AND DO NOT AGREE TO A SALARY STRUCTURE.

SUING FOR FEES

Imagine after studying for five years and coming to law school for a year, buying expensive textbooks, closing lecture at around 4pm, writing an almighty bar exam and finally called to Bar…..then one MR BAD BELLE will want to run away with our fee after engaging our service, my bro kolwerk!!!!!!

RULE: This right is to be exercised carefully. In SECTION 16 OF LEGAL PRACTITIONERS ACT, provides for recovery of charges, SECTION 16(1);

            ‘’Subject to the provisions of the act, a legal practitioner shall be entitled to recover his charges by action in any court of competent jurisdiction’’ (STATE HIGH COURT)

HOWEVER, certain conditions must have been fulfilled before you bring an action;

a)      He must prepare a bill of charge with the bill of charges which should set out the particulars of his claim

b)      He must serve his client with the bill of charges personally or left for him at his last address or sent by post

c)      He must allow a period of one month to elapse from the date the bill was served before the action is commenced………..see SECTION 16(2)LPA

N.B: Assuming you entered a contract with Mr A that you would help him to sell a piece of land for #50,000,000 and he will give you 10%, you successfully sold the land and he now refuse to give you your fee of 10%, because he felt you too young to handle that money.

This is clear case of breach of contract which you could go straight to court to institute but no you can’t, so as long as the cause of action is a breach of contract in relation to RECOVERY OF PROFESSIONAL FEES, you must fulfill the provision of SECTION 16(2) LPA

The law is that we are to wait for one month, chaiii!!!....well there are circumstances which may make the court abridge the period of one month for the commencement of action against client;

a)      the solicitor has delivered a bill of charge to the client

b)      on the face of it the charge appear to be proper in the circumstances

c)      there exist circumstances indicating that the client is about to do some act which would probably prevent or delay the payment to the legal practitioner of the charges.

CONTENT OF A BILL OF CHARGE  

OYEKANMI V NEPA(2000)15NWLR (PT 690)414

It must be in writing and must contain;

a)      The bill should be headed to reflect the subject matter.

b)      Be addressed to the client - name of client

c)      Particularization of the charges, date and amount or particulars of principal items

d)      It must be dated

e)      It must contain the name of the legal practitioner and his signature

f)       It must contain your account number.

LEGAL PRACTITIONER (REMUNERATION FOR LEGAL DOCUMENTATION AND OTHER LAND MATTERS ORDER) 1991

This deals with the remuneration of a legal practitioner in respect of business connected with any sale, purchase, lease, mortgage and other matter of legal documentation.

THE ORDER IS DIVIDED INTO THREE SCALES:

a)      SCALE 1- Sale or purchase of land and mortgage transaction

b)      SCALE II- Lease or agreement to lease at a rent

c)      SCALE III- Business that is not contentious.

HOWEVER, note that transaction in SCALE I & II can be calculated with SCALE III but the legal practitioner must adhere to SECTION 5 of the order that provides that;

      ‘’….before undertaking any business, the legal practitioner shall by writing communicate to his client that his remuneration shall be in accordance with the provision of SCALE III’’

GROUND RULE: the calculation of professional fees in property transaction depends on who engages the legal practitioner and the kind of transaction is meant to carry out for the client

                                          SCALE I

Scales I deal with charges on sales, purchases and mortgages. Scale I is further divided into three parts. All the rules applicable to scale I is contained in part III. In part III, while parts I and III of the scale contains schedule of fees chargeable by a legal practitioner for specific transaction.

                  PART 1

In part I, there are five columns and there are nine transactions. In calculating, legal practitioner's fees under part I of scale I, there are five stages to go through

• Step I - the first N1000 per 100
• Step II - second and third N1000 per 100
• Step III - fourth to twentieth N1000 per 100
• Step IV - remainder without limit per N100
• Step V - addition of everything

COMPUTATION IS AS FOLLOWS;

STEP I

1000/100 * SCALE/1 (* is Multiplication, SCALE is the number given in the columns)

STEP II

2000/100 * SCALE/1

STEP III

17000/100 * SCALE/1

STEP IV

2000-CONSIDERATION/100 * SCALE/1 (Consideration is the amount given in the scenario, N.B if it is a mortgage, it will be the Loan money and not value of the property……But if it is Sale of Land, it will be the Value of the property)

 STEP V

ADD ALL THE ANSWERS YOU GET FROM ABOVE TOGETHER.

THEREFORE,

1)      Where the legal practitioner is acting for both the Mortgagor and Mortgagee, he is entitled to the full fees of the Mortgagee Solicitor fee and Half of the Mortgagor’s solicitor fees

2)      Where it is a sale of land transaction, he is entitled to full fees of the Vendor solicitor fees and full fees of the purchaser solicitor fees

N.B: You must show your calculation in the exam, step by step. Put it in your mind that when you see a transaction bothering on Sale of Land, Purchases and Mortgages, you will be dealing with THOUSANDS

SCALE II

Scale II deals with leases. The lessee's legal practitioner gets half of the amount payable to the lessor's legal practitioner. Where a legal practitioner acts for both lessor and lessee, he shall charge the lessor's legal practitioner's charge and one half of those of the lessee's legal practitioner. It would be - lessor's full fees and lessor's fees divided by four.

WHERE THE RENT EXCEEDS #1,000…CALCULATION

• Step I - N37.50 in respect of first N100
• Step II - N25 in respect of each N100 of rent up to N1000
• Step III - N12.50 in respect of every subsequent N100

COMPUTATION

STEP I

100/100 * 37.50

STEP II

900/100 * 25

STEP III

1000-RENT PAID/100 * 12.50

RULE: Where the legal practitioner acts for the Lessor and Lessee, he shall be entitled to full payment of lessor and half of what the lessee should get.

              TO BE CONTINUED (TAXATION OF CHARGES)......

LET THE CALCULATION START.....THANKS FOR STOPPING BY!!!

N.B: Do you have an academic write up for the purpose of BAR PART II send to our email (solaope2020@gmail.com) we will publish it, accompany it with your full name and campus.

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CIVIL LITIGATION: CIVIL TRIAL AND RULES OF EVIDENCE (2)

KEY POINTS TO NOTES FOR EXAM

POSER: EXCEPTIONS TO THE GENERAL RULE THAT TRIAL SHALL BE PROVED BY WRITTEN DEPOSITION OF WITNESSES IN COURT?

The general rule that trial shall be proved by the written deposition of witnesses in court is provided under ORDER 32 RULE 1 (1) LAGOS.

However the exceptions are;

1.      When parties have not agreed to certain documents during the Pre-trial procedure

2.      The tendering of Real evidence

3.      A witness on subpoena. SEE ORDER 32 RULE (1) (2-4)

POSER: ANNOUNCE YOUR APPEARANCE?

May it Please this Honorable Court, ………….

OATH TAKING

RULE: Every witness giving oral evidence must be cautioned by the court, or the registrar upon the court’s direction. The DRAFTING IS: SECTION 206 EVIDENCE ACT

            ‘’You (full name)…….. are hereby cautioned that if you tell a lie in your testimony in this proceeding or willfully mislead this court you are liable to be prosecuted and if found guilty you will be seriously dealt with according to law’’

N.B:  IN AFFIRMATION you will not have ‘’so help me God’’

TENDERING OF DOCUMENT Vs ADOPTING OF DOCUMENT

N.B: This two are different from each other. Always remember that you ADOPT your WITNESS STATEMENT ON OATH.

PROCEDURE FOR ADOPTING YOUR WITNESS STATEMENT ON OATH

1.      The court is to ask a witness as soon as he steps into the witness box whether he is a Christian, or a Moslem, or whether he belongs to any other religious body. He will be cautioned

2.      If the witness belongs to any of the above, he is sworn in accordance with the provisions of the Oaths Act

3.      The counsel ask him the following questions

a)      Tell this honorable court your name, address and occupation

b)      What are you here to do in court today?

c)      Did you make any written statement in respect of this matter?

d)      If you see a copy of the said statement can you recognize it?

e)      What do you want to do with the statement on oath?

My Lord, witness seeks to adopt this witness on oath as her examination in chief on this matter

N.B: Generally, counsel does not raises objection on the adoption of a witness statement on oath, except where the counsel have changed the statement.

PROCEDURE FOR TENDERING A DOCUMENT UPON WHICH THERE WAS NO AGREEMENT AT CMC THROUGH A WITNESS

1.      The court is to ask a witness as soon as he steps into the witness box whether he is a Christian, or a Moslem, or whether he belongs to any other religious body. He will be cautioned

2.      If the witness belongs to any of the above, he is sworn in accordance with the provisions of the Oaths Act

3.      Counsel will refer him to the paragraph in his witness statement on oath that is related to the document

4.      Counsel will ask him to take a look at the document to confirm if it the document in question (the document is taken from the counsel to the witness by the court clerk)

5.      If the witness confirms the document

6.      Counsel will ask him what he wants the court to do with the document

7.      The witness will reply that he wants the court to admit it in evidence

8.      Counsel will tell the court, My Lord we seek to tender this document in evidence.

It possible that the opposing counsel can raise an objection on the admissibility of the document to be tendered

 POSER: WHAT WILL THE COURT DO?

The court will allow the opposing counsel to address the court on the grounds of his objection, after that, the applicant counsel will then responds to the objection. THEN;

1.      The court makes a ruling on the objection

a)      If it upholds the objection, it will reject the document and it will be marked: ‘’TENDERED AND REJECTED’’

b)      If it overrules the objection, it will admit the document in evidence and mark it: ‘’TENDERED AND ADMITTED AS EXHIBIT’’

POSER: WHAT HAPPENS WHEN A DOCUMENT IN EVIDENCE IS REJECTED OR MARKED, ’TENDERED AND REJECTED’’

The party tendering the document cannot withdraw same for correction of the defect and it cannot be re-tendered for the same purpose in the same proceeding. SEE BABATOLA V ALADEJANA

So, the court will retain the document for record keeping until an appeal or the period of appeal expires. They are to be kept with the EXHIBIT KEEPER. SEE ORDER 30 RULE 17 LAGOS

N.B: If the counsel withdraws the document before he tenders the document, it will be retained by the counsel and he can re-tender the document.

       

                             REFRESHING MEMORY

STATUTE: SECTION 239 E.A

RULE: Due to the length of time between the period of transaction and testimony in court. A witness may be allowed to refresh his memory. This can be done at any stage of examination

PROCEDURE: You do this via oral application, you must obtain the leave of the court. But before you do this, you must have laid proper foundation.

RULE 2: The writing must be made by the witness at the time of the transaction concerning which he is questioned or so soon afterwards OR The writing made by any other person at the time of the transaction concerning which he is being questioned.

RULE 3: The witness cannot read out his testimony from the record. The operative words are ‘’REFRESH HIS MEMORY BY REFFERING TO THE WRITING’’

RULE 4: Experts may avail himself of the provision to refer to professional treaties while giving oral testimonies

CASE & RULES: The condition for its use is that the document was made when the transaction was fresh in the maker’s memory. Documents made when proceedings are anticipated cannot be used. See ANYEABOSI V. R.T BRISCOE.

                                                HOSTILE WITNESS

STATUTE: SECTION 230 E.A

RULE: It can only arise in the course of Examination in Chief and Re-examination

MEANING: A hostile witness is that witness that has shown Hostile Animus and is Unwilling to tell the truth. ESAN V STATE

TWO CONDITIONS:

1.      He must have displayed the hostility to the party who called him to testify

2.      He is unwilling to tell the truth

PROCEDURE: You do this via an oral application that the court should declare him an hostile witness.

EFFECT/IMPLICATION:

1.      His status changes from your witness to an hostile witness and

2.      His counsel can ask him leading questions

3.      He can cross-examine him

4.      His evidences can be disregarded by the court.

EXAMINATION-IN CHIEF

The purposes of examination-in-chief are as follows:

1. To elicit facts from a witness in prove of the case

2. To introduce facts relevant to the admissibility of documents in a party’s case

3. If it is a party to a case that is been examined, it may be to also pray the Court to grant his prayers or reliefs sought.

See S. 214(1) of the Evidence Act.

Types of questions to ask in examination-in-chief are open and relevant questions which will require the witness to explain the facts within his knowledge. Examples are questions that begin with who…? Why, whom, where/ etc.

Prohibited questions in examination-in-chief are as follows:

1. Leading questions that suggest the answers the examiner expects

2. Irrelevant questions to the facts in issue.

See S. 221(1) of the Evidence Act

Exceptions where leading questions can be asked are as follows:

1. Introductory matters like the name, address and occupation of a witness

2. Undisputed facts or facts already proved in a case

3. If permitted by the Court

4. A hostile witness who is adverse to the party calling him can be asked leading questions.

See S. 221(3)& (4) and 230 of the Evidence Act.

CROSS- EXAMINATION

PURPOSE:

1.      To contradict the evidence-in-chief of the witnesses of the adverse party

2.      2. To obtain evidence favorable to his client’s case

3.      3. To test the veracity of the witnesses’ testimony

4.      4. To shake the witnesses’ credit by injuring his character, see S. 223 of Evidence Act

5.      5. To discover who the witness is and his position in life

6.      6. To put the adverse party’s case to the witness

See S. 214(2) of the Evidence Act

SCOPE: Cross-examination must relate to the relevant facts, but the cross examination need not be confined to the facts to which the witness testified on his examination-in-chief. See SECTION 215 (2) E.A

POSER: Discuss the proprietary on the objection of a counsel that during cross-examination that sky is the limit to cross-examine

Generally, it is true that there is a wide latitude in the question that may be asked in cross examination, although the questions must relates to the relevant facts, but the cross examination need not be confined to the facts to which the witness testified on his examination-in-chief. See SECTION 215 (2) E.A

However, certain questions shall not be asked during cross-examination by virtue of the provisions of the evidence act;

a)      Question asked without reasonable ground. SECTION 225 &226 E.A

b)      Indecent and Scandalous questions. SECTION 227

c)      Question intended to insult or annoy. SECTION 228 E.A

RE-EXAMINATION

The purpose of re-examination is to clear ambiguities arising from cross-examination. New matters are not allowed to be brought here and leading questions are not also allowed. However if a new issue is introduced, the adverse party may apply to the Court to be allowed to cross-examine the witness on the new issue raised. See S. 214(3) of the Evidence Act

EXPERT WITNESS

GENERAL RULE: Opinion evidence is generally not admissible. Only the court is entitled to form an opinion based on empirical fact presented before it. This is subject to certain exceptions.

STATUTES: SECTION 67 & 68

ESTABLISHING THE CREDIBILITY OF AN EXPERT WITNESS

This is done through his witness statement on oath, which will state the following;

a)      His academic or professional qualification in his chosen field of expertise

b)      The extent of practice, experience or exposure in the chosen field of expertise

c)      Similar cases he has handled in the past prior to the case at hand.

IN AZU V STATE: The court held that there must be enough material on record to justify a trial court’s treatment of someone as an expert

IMPEACHING HIS CREDIBILITY

This is done through cross-examination and the counsel can do this;

a)      Challenging the validity of his inferences by using some other authorities

b)      Undermine his competence by taking him up on the limit of his academic, professional or occupation exposure

c)      Establish bias

d)      Make him draw different conclusion  to establish your case

e)      Pose your personal own view to him

IN AUDU V STATE: GROUNDS FOR REJECTING EXPERT OPINION

a)      Where it lacks logic or reasonable rationalization

b)      Where there is inadequate data analysis or basis to support the conclusion in respect of statistical or other scientific subject matter

c)      Where the court makes comparison of handwriting or signature and prefersits own conclusion from that of the expert

d)      Where there is a failure to give coherent or dependable account of the experts qualification or experience in the analysis of documents and handwriting.

SAMPLE FROM GROUP FOUR DRAFT ON EXPERT WITNESS

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

                                                                                                         SUIT NO. .....................

BETWEEN:

ROYAL ESTATE LIMITED................................................................                     CLAIMANT

AND

CHIEF JOSEPH LAMBE...............................................................              DEFENDANT

                                    WITNESS STATEMENT ON OATH (DW2)

I, LINDA NNAMDI,  Adult, Female, Christian, Nigerian, Graphologist of No. 5, Equity close, Victoria Island, Lagos, do make oath and state as follows:

1. That I am a duly Qualified, Independent, Certified Document Examiner and Graphologist and a Graduate Member of the British Institute of Graphologists since 1998.That I am a Graduate of two training courses in Questioned Handwriting and Document Examination since 2000.
2. I was awarded an undergraduate degree in Criminology 1992 from University of Bristol. I have a Masters in Document Analysis from University of Central Lancashire (MSc Document Analysis), 1997
3. That as a document examiner since 2000, I was employed at the Radley Forensic Document Laboratory, London from 2000 to 2010
4. That I started up Independent Graphologists and Forensic Document Examiner Firm in Nigeria since June, 2010 till date with registered office at 59, Selebia Street off Anifowokan Drive, GRA, Ikeja, Lagos where I work for both Nigerian and foreign clients.
5. That I take instructions from both private and professional clients and  my overseas client include the following countries – France, Spain, Poland, South Africa and  London
6. That by reason of my broad study and qualification, I have an understanding of issues relating to signatures and handwriting and other aspects of document examination that routinely arise in the field
7. That my particular areas of expertise include Forensic document and Handwriting Analysis, Examination of forgeries and counterfeit documents, Cheque Signature Identification and Handwriting Identification.
8. That I have appeared as an expert handwriting analyst in 17 trials from 2000 till date with the last 7 cases being in Nigeria.
9. That on the 5^th January, 2015, based on the instruction of the claimant, I analysed the signature on the original copy of the acknowledgment letter sent by the defendant, dated 15^th December 2014 and purportedly acknowledged by the secretary to the claimant
10. That in analysing the acknowledgement letter, I was given on request 3 other samples of the secretary’s signature contained in official documents affixed with the company’s seal which were dated before the beginning of the litigation process.
11. That each of the three samples were thoroughly studied and charted out which showed indications of a common trend in all of 3 provided samples. The chart is hereby annexed to this affidavit and termed “CHART 1”.
12. That after thorough analysis and comparison of the signature writings in the 3 samples and that of the acknowledgement letter, there is no evidence to suggest that the signature handwriting on the sample and that of the acknowledgement letter were made by the same person, but there is sufficient evidence to suggest that they were made by different people. The chart comparing the samples to the signature in the acknowledgement letter is hereby annexed to this affidavit and termed “CHART 2”.
13. That I make this statement in good faith believing same to be true and in accordance with the Oaths Act

 

                                                                                                                                                                    

                                                                                                               DEPONENT                   

SWORN TO at the High Court Registry; Lagos State

THIS 20^TH DAY OF JANUARY, 2015

                                                                                        BEFORE ME

                                                       __________________________________

                                                           COMMISSIONER FOR OATHS

EXAMINATION IN CHIEF OF THE LINDA NNAMDI, THE EXPERT WITNESS FOR THE  CLAIMANT

a.       Tell this Honourable Court your name and address and occupation

b.      Can you tell this honourable court your age?

c.       What is your Academic qualification

d.      What are you here to do in court today?

e.       Do you know the Claimant in this matter?

f.       How did you get to know the Claimant in the matter?

g.       What is the location of the property in question?

h.      How long have you been practising?

i.        how many cases have you appeared as a witness

j.        How accurate are your findings?

k.      Did you make any written statement in respect of this matter?

l.        If you see a copy of the said statement can you recognise it?

m.    What do you want to do with the statement on oath?

My Lord, witness seeks to adopt this witness statement on oath as her examination in chief in this matter.

n.      In paragraph 11 of your statement on oath, you referred to charts 1 will you recognise the documents when you see it??

o.      What will you like to do with this matter

My lord, the witness seeks to tender this document as evidence in this matter

p.      In paragraph 12 of your statement on oath, you referred to charts 2 will you recognise the documents when you see it??

q.      Where is it? 

r.        What will you like to do with the document?

My Lord, the witness seeks to tender this document as evidence in this matter.

CROSS EXAMINATION OF THE ESTATE VALUER, WITNESS FOR THE DEFENDANT

1. Can you tell this honourable court how old you are?
2. What are your academic qualifications?
3. You are an estate valuer and not an estate surveyor, True or False?
4. What is the address of the said property you valued?
5. Are you aware of the estate valuers board?
6. If Yes, that means you registered under them?
7. What then is the root of your qualified membership?
8. If No, Is there any other board you know of
9. If Yes, tell us
10. If No, How did you then become a qualified estate valuer?
11. Who recommended you as an estate valuer
12. To whom was this recommendation made?
13. Did you write any professional examination to become qualified as an estate valuer
14. If Yes, What are the document submitted for this purpose
15. If No, How then did you become an expert estate valuer?
16. How do you intend to prove to this honourable court of the purported valuation report of the said property you valued?
17. From your statement of oath, you are trying to say the claimant is not entitled to the sum claimed but only entitled to the one you valued True/false?
18. How do you intend to prove to this Honourable court the purported value of the said property?
19. In valuing the said property, you only considered the market price, True or False?

ETHICAL ISSUES

1.      A lawyer shall not engage in any conduct which is unbecoming of a legal practitioner – Rule 1 of the Rules of Professional Conduct (RPC), 2007.

2.      A lawyer shall not disclose his client’s oral or written communications – Rule 19(1) of RPC.

3.      A lawyer shall not conduct a civil case or make defence in a civil case when he knows or ought to know that it is intended merely to harass or to injure the opposite party or to work oppression or wrong – Rule 24(3) of RPC.

4.      A lawyer shall not participate in a bargain with a witness either by contingent fee or otherwise as a condition for giving evidence – Rule 25(2) of RPC.

5.      A lawyer shall not state or allude to any matter which he has no reasonable believe is relevant to the case or that will not be supported by admissible evidence – Rule 32(3)(a).

6.      A lawyer shall not intentionally or habitually violate any established rule of procedure or of evidence – Rule 32(3)(e) of RPC.

7.      If a lawyer is embarrassed by a client’s confidential disclosure, he has a duty to withdraw from the case under good cause; or to defend the client – Rule 21 of RPC.

8.      A lawyer must not do any act that will delay, obstruct or affect the administration of justice – Rule 30 of RPC.

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