MISTAKE OF COUNSEL IN THE ADJUDICATORY PROCESS- IMPLICATIONS AND EXCEPTIONS

Abstract

Against the provision in the Rules of Professional Conduct, 2023 that Counsel is under obligation to represent his client competently, this paper examined the propriety of the principle of law that the Court does not visit the inadvertence of Counsel on his client. Deploying doctrinal research method, the paper analysed constitutional provision on right to representation and decided cases expounding the right. The paper established that a person represented by Counsel is bound by decisions taken by his Counsel who must act professionally. However, based on equity, except where it is shown that the client is complicit, the Courts will seldom visit the inadvertence of Counsel on his client in the interest of justice. It was recommended that in order to avoid abuse, the Courts should be vigilant and ensure that this rule is not used to window dress the tardiness or neglect of the primary professional obligation of Counsel which is to represent his client competently. Hence, where Counsel is in grievous dereliction of his duty towards his client, it should be treated as misconduct before the appropriated disciplinary organ of the legal profession.