Frequently Asked Questions About LPDC And Lawyer Misconduct

Professional misconduct refers to conduct by a lawyer that breaches the Rules of Professional Conduct or falls below the ethical standards expected of members of the legal profession.

• Misappropriation of clients’ money
• Conflict of interest
• Dishonesty or misrepresentation
• Abandoning a client’s case without good cause
• Abuse of legal process
• Breach of confidentiality
• Knowingly participating in unlawful self-help or other unlawful conduct
• Disregard for court orders or rule of law
• Fraud or forgery
• Other unethical conduct that brings the legal profession into disrepute

Yes. Anyone who believes a lawyer has engaged in professional misconduct may submit a complaint to the appropriate authorities in accordance with the Legal Practitioners Act and the LPDC Rules.

Yes. Every lawyer is subject to the LPDC.

AWJAI provides guidance on the complaint process.  We can also refer you to senior and experienced lawyers who can help prepare your complaint, submit it to the Legal Practitioners Disciplinary Committee (LPDC) and, where appropriate, represent you during the disciplinary proceedings.

You should keep any documents that support your complaint, including:

• Letters and emails
• Receipts
• Contracts
• Court documents
• WhatsApp messages
• Photographs or videos
• Witness details
• Any other relevant records

Yes. Depending on the seriousness of the misconduct, the LPDC may:

• Issue a reprimand
• Suspend the lawyer from practice
• Order restitution where appropriate
• Strike the lawyer’s name off the Roll of Legal Practitioners (disbarment)

There is generally no filing fee for submitting a complaint to the LPDC. However, you may incur costs associated with preparing documents, obtaining affidavits or legal representation, depending on your circumstances.

The length of time varies depending on the complexity of the complaint. The first stage involves an initial review to determine whether there is a prima facie case of professional misconduct. If the Committee is satisfied that a prima facie case exists, the complaint proceeds to the next stage, where parties exchange documents and the matter is set for hearing.

The disciplinary process can take several years to conclude. The time taken also depends on factors such as the number of complaints before the LPDC, the complexity of the issues involved and the Committee’s hearing schedule.

Yes. An LPDC complaint is a disciplinary proceeding concerning professional conduct. Depending on the facts, you may also have civil or criminal remedies available. These processes serve different purposes and may proceed independently.

In some circumstances, a complainant may seek to withdraw a complaint. However, because disciplinary proceedings are intended to protect the public and maintain professional standards, the LPDC may determine how the matter should proceed.

No. A lawyer is not guilty of professional misconduct simply because a case is lost. Professional misconduct relates to unethical or improper conduct, not the outcome of litigation.

If the complaint relates to the misuse or failure to account for client funds, it may amount to professional misconduct depending on the facts.

Act promptly. Gather all relevant documents, keep a written record of events and seek guidance on the appropriate course of action. If the circumstances suggest professional misconduct, you may consider filing a complaint with the LPDC.

No.

A complaint may be filed without legal representation, although legal advice may be helpful depending on the complexity of the matter.

Read AWJAI’s detailed guide, ‘LPDC: Addressing Lawyer Misconduct in Nigeria.’ It explains what constitutes professional misconduct, who may submit a complaint, the complaint procedure, the LPDC process, possible sanctions and practical steps for preparing a petition.

Yes. AWJAI provides guidance on the LPDC complaint process. Where appropriate, we may refer complainants to senior and experienced lawyers who work with AWJAI. They can assist with preparing the complaint, submitting it to the Legal Practitioners Disciplinary Committee (LPDC) and, where appropriate, representing complainants during the disciplinary proceedings. Referrals are subject to the availability of the lawyers and the circumstances of each case.