Fake Lawyers in Nigeria: How to Identify, Verify and Protect Yourself
Introduction
In recent years, concerns have continued to arise about individuals who falsely present themselves as lawyers or offer legal services without being legally entitled to do so. Such conduct poses serious risks to members of the public and may undermine confidence in the legal profession and the administration of justice.
Members of the public may lose money, receive unreliable legal services or unknowingly entrust important legal matters to persons who are not legally qualified to handle them.
When such situations arise, an important question may come to mind:
Can anyone simply claim to be a lawyer and offer legal services in Nigeria?
Quick Answer
No. Nigerian law restricts the practice of law to persons who are legally entitled to practise as legal practitioners. Depending on the conduct involved, a person who falsely represents himself or herself as a lawyer, practises without legal authority or uses a title or description that falsely implies professional qualification may commit an offence under the applicable provisions of the Legal Practitioners Act.
Members of the public should therefore take reasonable steps to verify the professional status of anyone they intend to engage for legal services.
On This Page
Explore the key issues discussed in this guide.
Who Is a Legal Practitioner in Nigeria?
Under the Legal Practitioners Act, a person is generally entitled to practise as a barrister and solicitor only where he or she is entitled to do so under the Act.
A central requirement for ordinary legal practice is that the person’s name must be on the Roll of Legal Practitioners maintained by the Supreme Court of Nigeria.
For the ordinary Nigerian route into legal practice, a person is first called to the Nigerian Bar and is thereafter enrolled on the Roll in accordance with the applicable provisions of the Legal Practitioners Act.
Being a law graduate, possessing a law degree or attending a law faculty does not, by itself, make a person entitled to practise as a legal practitioner in Nigeria.
The Offence of Impersonating a Lawyer
Section 22 of the Legal Practitioners Act creates offences relating to unauthorised legal practice.
Subject to the provisions of the Act, a person who is not a legal practitioner may commit an offence by:
- Practising, or holding himself or herself out as practising, as a legal practitioner;
- Taking or using the title of legal practitioner;
- Wilfully using a name, title, addition or description that falsely implies that the person is a legal practitioner or is qualified or recognised by law to act as one; or
- In circumstances covered by the Act, preparing certain legal instruments for or in expectation of reward.
The law is therefore concerned not only with actual unauthorised practice but also with conduct intended to create the false impression that a person is legally qualified to practise.
Using Legal Titles Without Being Qualified
A person who is not entitled to practise should not use a name, title or description in a manner that falsely represents that the person is a qualified or legally recognised legal practitioner.
The question is not simply whether particular words have been used. The relevant issue may include whether the name, title, description or representation falsely implies that the person is qualified or recognised by law to practise as a legal practitioner.
Members of the public should therefore be cautious where a person presents himself or herself as a lawyer but is unable to provide credible information about his or her professional status.
Penalties for Unauthorised Legal Practice
Section 22 of the Legal Practitioners Act provides criminal penalties for offences created under the section.
Depending on the particular offence, the Act provides for fines and, in specified cases, imprisonment, or both a fine and imprisonment.
Where the circumstances of a particular case involve additional criminal conduct, other laws may also become relevant. For example, the use of forged certificates, false documents or fraudulent representations may potentially give rise to separate criminal allegations where the facts satisfy the requirements of the relevant law.
Each case must, however, be assessed according to its particular facts and the applicable statutory provisions.
What Happens When a Fake Lawyer Handles a Legal Matter?
The consequences can be serious.
A person who unknowingly engages someone who is not qualified to practise law may face problems including:
- Loss of money paid for unauthorised or fraudulent services;
- Unreliable or incompetent legal advice;
- Delays or complications in legal proceedings;
- Problems concerning documents prepared or filed by an unauthorised person; and
- The need to obtain proper legal assistance to review or correct the situation.
The legal effect of any particular document or transaction will depend on the facts of the matter and the applicable law. It should therefore not automatically be assumed that every document or agreement connected with an unqualified person is invalid.
How to Verify a Lawyer in Nigeria
Before engaging anyone who claims to be a lawyer, take reasonable steps to verify the person’s professional status.
You may ask for relevant professional information and independently confirm it through appropriate channels.
Need a practical step-by-step guide?
Read: How to Verify a Lawyer in Nigeria
This guide explains practical steps that members of the public can take before engaging a person for legal services.
Warning Signs That May Require Further Verification
A person claiming to be a lawyer should be approached with caution where there are serious inconsistencies or unexplained difficulties concerning his or her professional identity.
Possible warning signs may include:
- Refusal or inability to provide verifiable professional details;
- Inconsistent information about the person’s legal qualification;
- Suspicious certificates or professional documents;
- Pressure to pay substantial sums without proper documentation;
- Refusal to provide a professional address or reliable means of identification; or
- Representations that cannot be independently verified.
The presence of one factor does not necessarily prove that a person is impersonating a lawyer. It may, however, justify further verification before money, documents or important legal matters are entrusted to that person.
Protecting Yourself Against Legal Impersonation
Before engaging legal services:
- Verify the person’s professional status independently.
- Ask for clear professional identification and relevant details.
- Be cautious about suspicious or unverifiable certificates.
- Avoid making substantial payments without proper documentation and receipts.
- Keep records of communications, payments and documents exchanged.
- Seek immediate advice from a properly qualified legal practitioner if you suspect that you have been dealing with an impersonator.
Where there is credible evidence of criminal impersonation, forgery or fraud, the matter may also be reported to the appropriate law enforcement or regulatory authorities.
Conclusion
The legal profession is founded on competence, integrity, responsibility and public trust. Unauthorised legal practice and the false representation of professional status can expose members of the public to serious financial and legal risks.
Members of the public should therefore take reasonable steps to verify the professional status of anyone claiming to be qualified to provide legal services.
Protecting the integrity of the legal profession is not only important for lawyers and the courts. It is also essential to protecting clients and maintaining public confidence in the administration of justice.