WHETHER A LEAD COUNSEL IS BOUND BY THE CONDUCT OF CASE BY HIS JUNIOR COUNSEL?

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WHETHER A LEAD COUNSEL IS BOUND BY THE CONDUCT OF CASE BY HIS JUNIOR COUNSEL? 

by Branham Chima. 


✓ DEFINITION(S): 

• Lead Counsel: refers to the lawyer who is primarily responsible for managing and representing a party in a legal action or case. They are typically the main point of contact for the Court and other parties involved in the case. Lead counsel is responsible for making strategic decisions, presenting arguments, and overseeing the overall conduct of the legal proceedings on behalf of their client. 

• Junior Counsel: refers to a lawyer or attorney who assists the lead counsel in a legal case. They have a lower rank or less experience compared to the lead counsel. Junior counsel typically handle less significant aspects of the case, such as research, document preparation, and providing support during court proceedings. They work under the guidance and supervision of the lead counsel and contribute to the overall legal strategy and representation of the client. 


✓ ANSWER: 

In the realm of legal practice, the allocation of responsibilities and the accountability of counsel play a significant role in ensuring fairness and transparency. However, when the leading counsel designates one of their junior counsel to address the court or handle the case, it is crucial to acknowledge that the senior counsel remains equally responsible for the outcome. 

The above point was captured by O. Olatawura JSC in Edozien & Ors. v. Edozien (1993) LPELR-1020(SC) thus, ‘If however the leading counsel announces that one of his junior counsel will address the court or conduct the case, the senior is equally bound by the result of the case. To shift responsibility thereafter is to engage in a game of hide and seek in legal practice. No court should be put in a straight jacket.’ 


✓ KEY POINT: 

When the leading counsel assigns a junior counsel to address the court or handle the case, the senior counsel remains bound by the outcome of the case. 

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