WHETHER A CLIENT IS BOUND BY THE ACTIONS OF COUNSEL IN THE CONDUCT OF CASE? CAVEAT CLIENT

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WHETHER A CLIENT IS BOUND BY THE ACTIONS OF COUNSEL IN THE CONDUCT OF CASE? CAVEAT CLIENT 

by Branham Chima. 

✓ DEFINITION: 
In the legal context, a client is someone who seeks legal representation or advice from an attorney. 

In the legal profession, Counsel refers to the legal professionals who provide legal advice, guidance, and representation to clients. Counsel can represent clients in various legal matters, including litigation, negotiations, and legal transactions. The term ‘Counsel’ is often used interchangeably with the term ‘attorney’ or ‘lawyer’. 

✓ ANSWER: 
A party is bound by the professionalism exhibited by their legal counsel. The professionalism and competence of the counsel has a direct impact on the outcome of the legal proceedings. By emphasising the importance of this principle, it underscores the significance of selecting a competent and ethical attorney who will act in the best interests of their client while upholding the highest standards of professionalism. This ensures that the party is adequately represented and that their legal rights and interests are protected throughout the legal process. 

The above was underscored in the case of TUNWASE V ADENIYI (2022) LCN/16519(CA), the Court expressed thus: ‘In other words, the fresh or additional evidence sought to be tendered at this appellate stage, was available at the time the matter was being heard by the lower Court but was not brought before the Court, deliberately. It is important to resound that a party is bound by the professionalism of his counsel. In County & City Bricks Development Company Ltd. v. Hon. Minister of Environment Housing & Urban Development & Anor. (2019) LPELR-46548 (SC), the Supreme Court, per Peter-Odili, JSC, said: “This Court made this very clear in Akanbi v. Alao (1989) 3 NWLR (Pt.108) 143, per Eso as follows: "I think it would be extending Ibodo v. Enarofia case beyond reason if every considered or assumed considered professional decision of a counsel which has gone wrong should qualify as ground of appeal. We did say once, and I am still of the firm view that the conduct of a case lies wholly with counsel. The rule really should be “caveat client”. If you choose a counsel, you should permit him, once seised of the case to conduct the case in the manner of his professional ability. Indeed that is part of the independence of the Bar. If there is a lapse in his office, his clerk forgetting to file some papers, he forgetting the date of hearing or such like procedural errors, of course, the client should not be made to suffer. If however, he takes a deliberate decision and loses thereby, then, it is his privilege to lose and that will not constitute a right for the client for utilisation as a ground of appeal. For, if it were not so, the profession would be in jeopardy”. See also Rivtrust Securities Ltd. & Ors. v. AMCON (2019) LPELR-47966 (CA), per Ogakwu, JCA.’ 

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