THE ROLE OF LAW CLINICS IN ADHERING TO ETHICAL REGULATIONS: PROVIDING PRO BONO ADVICE AND CONFIDENTIALITY BY

 BY

EMMANUEL OFUOWOICHO EMMANUEL AND PROSPER OWOICHO JOB

The nature of the relationship that exists between lawyer and client is one which breathes trust, and demands honest, open and clear communication to succeed; regardless of whether the services and expertise of the lawyer is duly remunerated for, or the lawyer offers up his services for free. To achieve the ultimate objective of protecting his client’s best interest and championing the cause of justice, since this is what is required from a lawyer in any circumstance, a lawyer shall preserve the confidences of his client. 

Every client enjoys an attorney-client privilege; which ensures that a client feels safe and comfortable enough to disclose relevant facts to their counsel, without the apprehension of their counsel making it known in court or any other public setting without their consent.

An area of ethical and professional concern arises when a lawyer only offers pro bono services—particularly, legal advice to a client, the question of importance is whether counsel remains bound by the attorney-client privilege; does the inability of a client to pay a lawyer for the services rendered take away the right of the client to determine which information he deems should be kept confidential and private by his lawyer? 

In addressing this, it is instructive to state that the attorney-client privilege exists so as to ensure “that one who seeks advice or aid from a lawyer should be completely free of any fear that his secrets will be uncovered”, the legal and ethical duty of the lawyer to protect the information or secrets of his client is therefore not removed solely because the client doesn’t pay for the services the lawyer offers. 

In Nigeria, the Rules of Professional Conduct for Legal Practitioners, the Legal Practitioners Act and the Evidence Act, all provide the legal backdrop for preserving and maintaining confidentiality in lawyer-client relations.

Of more concern to this article is the role of law clinics in maintaining client confidentiality and adhering to ethical regulations in providing pro bono services to individuals. 

Law clinics at the varsity level and at the law school, are a kind of arrangement or setup which make available, opportunities for law students to provide free legal services to clients under the supervision of legal practitioners in a bid to increase access to justice. Law clinics offer practical, hands-on experience for law students to perform the functions of a real lawyer and deal directly with clients. As part of what clinicians do, is the interviewing and counseling of clients. 

Law clinicians who interview and counsel clients are also bound by the same rules lawyers are bound to follow in the same circumstance. This is so because the trust reposed in law clinicians by clients, is predicated on the fact that clinicians act in the stead of real and practicing lawyers when relating with clients. To some individuals needing legal assistance, a clinician is the closest they can get to a lawyer; and to some, a clinician is a lawyer, and same regard is ascribed him. 

Since a law clinic possesses the semblance of a law firm, and clinicians are deemed to act as lawyers, and in their stead, the same rules governing professional conduct, and prescribing how lawyers handle sensitive information and details of clients must be followed by clinics and clinicians. A practical illustration to demonstrate how law clinics can ensure ethical use of clients’ information is an incursion into the activities of law clinics in Nigerian universities. The role of law clinics in Nigeria, amongst other programs, centres primarily on the visitation of correctional centres and the profiling of inmates—particularly those who cannot afford legal services, to provide them with adequate legal representation. The information gleaned off inmates during this session are solely to enable inmates receive effective legal representation and assist lawyers in offering accurate and well-reasoned professional advice; and not to be divulged, broadcasted or used in a manner adverse to inmates.

The inability of a client to pay a lawyer or clinician’s consultation fee, does not permit the lawyer or clinician to do away with the honour of the profession or dislodge the integrity upon which the profession is established. It is not remuneration that binds the lawyer to secrecy and confidentiality, it is the nobility and calling of the profession itself. The ethics and rules of professional conduct therefore demand obeisance from members of the legal profession at all times and clinicians who are on their journeys to being initiated into the most gentlemanly of endeavours must do same. 

REFERENCES

“Confidentiality of Lawyer-Client Communications: a guide for protecting your rights. – European Law Firm” https://european-law-firm.com/news/confidentiality-of-lawyer-client-communications-a-guide-for-protecting-your-rights

United States v Grand Jury Investigation, 401 F. Supp. 361, 369 (Western District of Pennsylvania, United States District Court. 1975)

Rule 19 Rules of Professional Conduct for Legal Practitioners 2023.

Section 191 Evidence Act 2011