BAZE UNIVERSITY ABUJA

FACULTY OF LAW
CLINICAL AND MOOT COURT PRACTICE
Law 407
23A Semester

1. BAZE University Motto: Learn to Live

2. GOAL of Legal Education: Our Goal is to train students to become competent lawyers, conscious of
Social Justice and Ethical values.

3. Philosophy of Legal Education: Baze University LLB Programme is committed to outcome-based,

learner-centred legal education that integrates knowledge, skills and value competencies.

4. LLB Learning Objectives:

The Bachelor of Laws Degree will:
1. Prepare the students to practice law with professional excellence and commitment to fairness, justice,
compassion, and the highest ethical standards.
2. Develop in the students the knowledge and competencies that will enable them to succeed in a range of
careers, leadership at the bar, the bench, the academia, the public and private sectors. 3. Prepare the students to
serve the community, accommodating disadvantaged members of society and dedicated to the preservation of
human dignity and the common good.
4. Train the students to appreciate the synergy between the law and other disciplines and professions.
5. Prepare the students for the diverse and globalized environment.

5. Learning Outcomes for the LLB Programme

Our LLB degree programmes has identified, and defined, the learning outcomes it seeks for its graduating
students and for its programme of legal education. The outcomes set out below are designed to be achieved
irrespective of the fields of law or kind of practice in which a graduate may engage. They are as follows:

5.1 Core competencies: Our programme is focused on achieving the following knowledge and
professional skills competencies:

5.1.1 Knowledge of the Law and the Legal Profession

Graduates shall demonstrate as an entry level practitioner knowledge and understanding

of: (a) Core substantive law, legal theory and procedure.

(b) Principal sources of law (e.g., administrative law, common law, constitutional law, international law,
natural law, statutory law);
(c) Major schools of interpretation and jurisprudence;
(d) Methods of dispute resolution;
(e) Moral and ethical responsibilities of lawyers to clients, the profession, and the
Community;
(f) Structure of the legal profession and its role in society

5.1.2 Professional Skills and Values

(a) Legal analysis (“thinking like a lawyer”), such as the ability to:
i. anticipate and identify legal problems;
ii. identify relevant and decisive facts;
iii. recognize and articulate relevant legal principles, rules, and exceptions, and apply them to the
facts in light of underlying policies;
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iv. anticipate and assess countervailing arguments;
v. analyze issues with rigor, logic, and appropriate precision
(b) Legal communication, such as the ability to:
i. speak clearly, concisely, and persuasively on legal matters
ii. write clearly, concisely, and persuasively on legal matters
iii. communicate in forms and styles appropriate for a range of decision-making bodies and
audiences
(c) Legal and personal ethics, such as the ability to:
i. recognize and resolve legal and other ethical issues;
ii. appreciate how moral principles, faith, and values can be integrated with a lawyer’s professional
responsibilities.
(d) The legal profession’s values of justice, fairness, candour, honesty, integrity, professionalism, respect for
diversity and respect for the Rule of Law;
(e) Responsibility to ensure that adequate legal services are provided to those who cannot afford to pay for
them;
(f) Cross cultural skills, such as the ability to interact with clients, lawyers, and others from various cultures
and socioeconomic groups
(g) Globalization skills, such as the ability to practice cross-jurisdictionally and internationally
(h) Work/Life balance, such as the ability to:
i. achieve a healthy balance between personal and professional life
ii. manage work stress
(i) Legal research skills, such as the ability to:
i. locate appropriate legal authority;
ii. understand the relevant weight of authority;
iii. distinguish primary and secondary legal authority;
iv. verify the current accuracy of authority;
(j) Factual research, such as the ability to:
i. interview (e.g., clients, witnesses, and victims);
ii. gather facts by formal and informal means;
(k) Client relationships, such as the ability to:
i. Listen;
ii. understand the client’s perspective and goals;
iii. develop a relationship of trust;
iv. provide effective counseling on alternative courses of action;
(l) Problem solving, such as the ability to:
i. identify a problem;
ii. analyze uncertain or complex facts;
iii. recognize legal and non-legal issues;
iv. foresee risks and contingencies;
v. appreciate the importance of professional judgment;
vi. identify and recommend appropriate strategies and courses of action;
(m)Representational skills, such as the ability to:
i. collaborate or otherwise work effectively with co-counsel and with third parties, including
opposing counsel, tribunals, and other professionals;
ii. negotiate;

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iii. draft agreements.
(n) Entrepreneurships Skills.

5.2 Valuable Competencies: Our programme strives to achieve an understanding of:

(a) Comparative law

(b) History of law
(c) Basic knowledge of other disciplines relevant to the law (e.g., Economics, Logic and Philosophy,
Environment and sustainable development, Nigerian Peoples and Culture, etc)
(d) In-depth knowledge of particular legal area(s)
(e) Litigation skills, such as the ability to:
i. advocate in pretrial, trial, and appellate settings
ii. draft various types of litigation documents
(f) Transactional skills, such as the ability to:
i. structure a legal transaction effectively
ii. draft various types of transactional documents
(g) Alternative dispute resolution skills
(h) Basic financial, accounting, and economic literacy
(i) Information technology skills relating to the practice of law
(j) Leadership skills
(k) Non-legal analysis relevant to the law (e.g., empirical, interdisciplinary, and comparative)
(l) Practice management skills
(m) Project management skills

6. RECOMMENDED TEXTS AND MATERIALS ON CLINICAL LEGAL EDUCATION

See the following:
1. Mcquoid-Mason, D.J, et al, African Clinicians Manual, (Free copy- Visit http://www.gaje.org/wp
content/uploads/gravity_forms/27-61ffabe162d29b7fe6c279abe68e27eb/2013/12/African-Law
Clinicians-Manual-McQuoid-Mason.pdf
2. www.nulai.org for the following free books and materials
i. Ernest Ojukwu, et al, Clinical Legal Education: Curriculum Lessons and Materials
ii. Ernest Ojukwu, et al, Handbook on Prison Pre-trial Detainee Law Clinic
iii. Ernest Ojukwu & O. Lagi, Manual on Prison Pre-trial Detainee Law Clinic
iv. Ernest Ojukwu, et al, Freedom of Information Handbook for Law Clinics
v. Ernest Ojukwu, et al, Street Law: Child Rights Manual
vi. Ernest Ojukwu, et al, Street Law: Freedom of Information Manual

3. Chukwudi Nwankwo, The Imperative of Legal Aid to Access to Justice in Nigeria, Lambert Academic
Publishing (Available on Amazon - https://www.amazon.co.uk/Imperative-Legal-Access-Justice-Nigeria/, and
Waterstones - https://www.waterstones.com/book/the-imperative-of-legal-aid-to-access-to-justice-in nigeria/nwankwo-
chukwudi/9783659749827
4. Cordelia Ichie, Prison Congestion: A Failure of Criminal Justice System in Nigeria?, Lambert
Academic Publishing (Available on Amazon - https://www.amazon.co.uk/Prison-Congestion-Failure
Criminal-Justice/dp/3659462977, and Waterstones - https://www.waterstones.com/book/prison
congestion/ichie-cordelia/9783659462979
5. Grey, R. J. (2004), Access to the Courts: Equal Justice For All: Anita Green (ed.) Washington D C. U.
S. Dept. of State
6. Mcquoid-Mason, D.J. (1982) An Outline of Legal Aid in South Africa, Durban/Pretoria
Butterworths. 7. Frank S. Bloch (ed), The Global Clinical Movement: Educating Lawyers for Social

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 Justice, Oxford.
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8. For additional Teachers’ free book see Roy Stuckey and others, Best Practices for Legal
Education: A Vision and Road Map,
http://www.cleaweb.org/Resources/Documents/best_practices-full.pdf

7. MUST HAVE MATERIALS AND RESOURCES:

a. Administration of Criminal Justice Act
b. FCT High Court Civil Procedure Rules
c. Evidence Act
d. Fundamental Rights Enforcement Procedure Rules
e. Rules of Professional Conduct for Legal Practitioners
f. Baze University Law Clinic Handbook

8. OBJECTIVES, OUTCOMES AND COURSE CONTENTS OF CLINICAL AND MOOT COURT

PRACTICE 1 (LAW 407)

8.1 Course Objectives for Clinical and Moot Court Practice 1 - Law 407
This course is a Clinic based course that helps the student to learn by experience. There will be a teaching
component, simulated and real life lawyering activities and direct live client services under the supervision of
qualified lawyers. Students would practice in the in-house real client clinic, outhouse real client clinic and
simulation clinics. The moot court practice component of the course will include mock trials.

Participation in this clinic programme will improve the students’ skills such as interviewing, negotiation, writing,
drafting, listening, speaking, presentation, reading, reasoning, analysing, researching, time keeping, management
and organisational skills and advocacy; and impart professional values and commitment to public service.

Participation in the mock trials and moot courts will prepare the student to become a good advocate. And a good
advocate is knowledgeable on the law, masterful in marshalling facts, skilled in the forensic arts, respectful of
decorum, compliant with proper procedure, mindful of due process, fair with adversaries, devoted to the client,
helpful to the court, honest with everyone, and, above all, persuasive- all the ingredients to support administration
of justice. Regardless of practice area or profession, all lawyers (and indeed all persons) must communicate (like
the good advocate) in a way that advances their client’s interests or their personal interest, whether in a courtroom
or boardroom or in the market place or workplace.

8.2 Course Contents for Clinical and Moot Court Practice 1 & 2 - Law 407/Law 409 Professional
Responsibility and Law Clinic Rules; Law office Management; Client Interviewing and Counselling; Witness
Interviewing; Alternative dispute Resolution; Sources and Objectives of Civil and Criminal Procedure Rules of
Courts; General Principles of Criminal litigation and Procedure; General Principles of civil litigation and
Procedure; Considerations before commencing civil litigation, remedies and defences; Legal Writing- Drafting
originating processes, applications, motions, affidavits, pleadings, Witness statements, final addresses, bail
applications, and applications under Fundamental Rights Procedure Rules; Civil Trial Advocacy- examination in
chief, cross examination and re-examination; Real Client contact; Outreaches and Street lawyering; and Moot
courts and Mock trials.

8.3 Course Learning Outcomes for Clinical and Moot Court Practice 1 & 2 - Law 407/Law 409
At the end of this course students would be able to:
(1) Discuss Rules of Professional Conduct for Legal Practitioners; Code of Conduct for Judicial officers;
Disciplinary process and sanctions and the Law Clinic Rules;
(2) Explain the nature, classifications and importance of a law office; List the requirements and discuss the
needs of a good law office; Explain how to receive a client/Receive a client into a law office; Explain the
process/Open an office File; Explain/discuss the process/manage a File (digital or manual)/use File
management in a law office and the importance of maintaining confidentiality and safeguard of files and
records; Role play- receiving clients in the appropriate manner; Explain how to manage time; Explain
how to manage office Diary; Explain the importance of time and office Diary management;
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(3) Explain the purpose, stages and criteria for an effective client interviewing and counselling; Plan and
prepare for a client’s interview; Explain the guidelines and strategies to effectively get the client tell the
story and practice conducting an interview; Explain the purpose for developing a chronology of a story
during a clients interview and the principle and guidelines (including ethical considerations) of
counselling; Identify the client’s problem(s) and goal(s); Conduct an Interview and counsel in a role play;
Explain and discuss the basic elements of client-centred interviewing and principles of interviewing
persons with special needs or in special Circumstance; Explain the essence of focusing on client-centred
interviewing and counselling; Reflect and discuss in depth the guidelines and criteria for effective client
interviewing and counselling; Conduct live client interviews/simulated interviews;
(4) Conduct witness interview and write witness statements for High Court trial
(5) Explain the meaning/nature of conflicts/disputes and types of dispute resolution methods and processes;
Explain and discuss the advantages and disadvantages/limitations of different dispute resolution methods;
Explain and discuss the meaning, importance and process of negotiation; and guidelines for conducting
negotiation, negotiation techniques and strategies; Discuss the techniques for planning and preparation for
a negotiation; Explain and make opening statements and discuss the importance of making appropriate
opening statements; Examine and distinguish between positions and interests; Conduct negotiation based
on case studies; Explain, discuss and describe the principles, characteristics (distinguishing it from other
forms of dispute settlement), steps and the mediation process; when mediation works, the values of
mediation and ethical standards required of mediators;
(6) Explain and discuss the sources and objectives of civil and criminal procedure rules of court; and why the
legislature provided different rules of court for civil and criminal litigation; Explain criminal process and
procedure from arrest to arraignment, Trial and conviction/sentencing, and the special reforms in the
administration of criminal justice; Explain the process and principles of bail application at all stages of
criminal process; Discuss the distinctions between application for bail in criminal procedure and
application to enforce fundamental rights under Fundamental Rights Enforcement Procedure Rules.
(7) Explain general civil process and procedure from commencement to judgment; Explain and discuss the
necessary matters for consideration before commencing a claim, remedies, and the defences available in
civil litigation; Discuss and concretely determine, from case studies, the necessary matters for
consideration before commencing a claim, remedies, and the defences available in civil litigation; Explain
and discuss different originating processes, applications, Motions and affidavits;
(8) Explain and discuss the meaning, essence, structure and the contents of pleading; Discuss the guidelines
and contents of a criminal charge;
(9) Draft originating processes/criminal charges, applications, Motions and affidavits statements of claim and
defence, witness statements, and final addresses based on case studies;
(10) Draft bail applications in criminal litigation and applications under Fundamental Rights Enforcement
Procedure Rules based on case studies.
(11) Participate effectively in the role of a lawyer in mock trials and moot courts; (12)
Participate effectively in street law and community outreach programmes.

9. LESSON PLAN FOR CLINICAL AND MOOT COURT PRACTICE 1 (LAW 407)
UNIT LOAD 4 (1st Semester)

NOTE that the Continuous Assessment (CAT) would be done as part of the lessons and
no special notice would be provided to students.
The course would have one lesson of 2 hours per week and field work/Clinic Service per
week
LESSON 1

TOPIC: Introduction

Content: Objectives of and teaching methodology for Clinical and Moot Practice course; Meaning of Law Clinic;
Baze University Law Clinic Rules; Law Clinic Handbook and the general Baze Law Clinic Programme.

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Outcomes: At the end of this lesson students would be able to:
1. Introduce themselves
2. Discuss the objectives of and teaching methodology for the Clinical and Moot Court Practice
Course; Meaning of Law Clinic; Baze University Law Clinic Rules; Law Clinic Handbook and
the general Baze Law Clinic Programme.
Activities:
1. Class introduction – KYT/KYS (Know Your Teacher/Know Your Students) - 30 mins 2.
Teacher’s overview and interactive discussion of the objectives of and teaching methodology for the
Clinical and Moot Practice course; Meaning of Law Clinic; Baze University Law Clinic Rules; Law
Clinic Handbook and the general Baze Law Clinic Programme - 60mins 3. Visit to Baze Law
Clinic- 20mins
4. Assessment – Qs and As - 10mins
LESSON 2

TOPIC: History and Overview of the Legal Practice in Nigeria.

Content: History and General Overview of the Legal Practice in Nigeria.

Outcomes: At the end of this lesson students would be able to discuss the History and Overview of the Legal
Practice in Nigeria.

Activities:

Pre-Class Activities
1. Write an essay on either of the topics below:
a. The history of Legal Profession in Nigeria
b. The structure of the legal practice in Nigeria

In Class Activities
1. Presentation of Pre-class activity – 90mins
3. General discussion on the lesson outcome 20mins
4. Assessment: Qs and As- 10mins

LESSON 3

TOPIC: General Overview of Rules of Professional Conduct for Legal Practitioners; Code of Conduct for
Judicial officers; Students Disciplinary Rules and sanctions.

Content: General Overview of Rules of Professional Conduct for Legal Practitioners; Code of Conduct for
Judicial officers; Students Disciplinary Rules and sanctions.

Outcomes: At the end of this lesson students would be able to discuss the of Rules of Professional Conduct for
Legal Practitioners; Code of Conduct for Judicial officers; Students Disciplinary Rules and sanctions.

Activities:

Pre-Class Activities
1. Please read the Rules of Professional Conduct for Legal Practitioners and the Code of Conduct for Judicial
Officers. Each Student would be expected to explain the scope of at least 2 of the rules from the Rules of
Professional Conduct for Legal Practitioners and the Code of Conduct for Judicial Officers respectively. 2. Each
student shall present a copy respectively of Rules of Professional Conduct for Legal Practitioners and the Code of
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Conduct for Judicial Officers

In Class Activities
1. Presentation of Pre-class activity – 30mins
3. General discussion on the lesson outcome and focused on the applicability of the Rules in Law Clinics 80mins
4. Assessment: Qs and As- 10mins

EXERCISES
1. Your client is Dove Ltd an IT firm that took N136,000,000 loan from Skye Bank 3 years ago and
mortgaged their property at No 3 Lekki Victoria Island Lagos. The wife of the managing Director of
Dove Ltd is using No 3 Lekki Victoria Island as a primary school and the school has about 350 pupils.
Dove Ltd is virtually no more economically viable but Abia State Government is owing it about N350M
from an IT contract it executed in 2014. Dove Ltd has recently informed you that they are making efforts
to get through to the new Governor of Abia State and that the top contacts have strong promises that the
Governor will pay the debt in no distant time. Now Skye Bank is threatening to sell the mortgaged
property of your client to recover the outstanding loan which now amounts to N290M. The property is
valued at over N500M but all the attempts by your client to get his own buyer for the property has
yielded no result since the economic crunch is affecting property business. Your client’s MD is afraid
that the bank will sell the property and would do so below the proper value of the property.
Your client instructs you to file a claim against the bank to “buy” time and to use any and all strategies
that you can think of (that are legal) to prolong the litigation. Meanwhile your client is unable to raise
even the sum of N50M to pay the bank but they can find about N10M as deposit for your fees. They
hope that Abia State Govt will soon settle their debt with them and from there they would
negotiate/settle with the bank and pay your balance of professional fees. What will you do?

Make a choice below:

FILE THE CLAIM?
REFUSE THE BRIEF?

2. You had a driver who served you and your family for about 25 years but he is late now. On this day
the son James 16 years traced you to your house and visited with you at Abuja from the village. You
allowed him sleep over in your boy’s quarter and the next day you gave him N3000 as transport money
for his return journey to the village and bid him farewell. At about 7pm on that day the boy was
supposed to travel, you receive a telephone call from a policeman at Garki Police Station about James.
James had been arrested with a few other boys and men that were rounded up by the police that day’s
early morning at Zuba roundabout. This was the first visit of James to Abuja and he knows nobody else.
Most of those arrested by James had been released on payment of N5000-N10000 per person except
James and one other person. The policeman is sympathetic because he knows that the practice of the
Police station is to arraign any such rounded up persons on armed robbery charges the next day at a
magistrate court if such person sleep over in the cell. The policeman however is a junior officer and
cannot do anything to further help. The only way James will escape the arraignment the next day is for
him to pay N10,000. In the police record as at now, James has been recorded as 22 years old. WHAT
WILL YOU DO? Make a choice below:

PAY THE N10,000 and have James released?

Or
Refuse to Pay the N10,000?

3. You had a driver who served you and your family for about 25 years but he is late now. On this day

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the son James 16 years traced you to your house and visited with you at Abuja from the village. You
allowed him sleep over in your boys’ quarter and the next day you gave him N3000 as transport money
for his return journey to the village and bid him farewell. At about 7pm on that day the boy was
supposed to travel, you receive a telephone call from a policeman at Garki Police Station about James.
James had been arrested with a few other boys and men that were rounded up by the police that day’s
early morning at Zuba roundabout. This was the first visit of James to Abuja and he knows nobody else.
Most of those arrested by James had been released on payment of N5000-N10000 per person except
James and one other person. The policeman is sympathetic because he knows that the practice of the
Police station is to arraign any such rounded up persons on armed robbery charges the next day at a
magistrate court if such person sleep over in the cell. The policeman however is a junior officer and
cannot do anything to further help. The only way James will escape the arraignment the next day is for
him to pay N10,000. In the police record as at now, James has been recorded as 22 years old. WHAT
WILL YOU DO? Make a choice below:

GIVE JAMES THE N10000 AND GET HIM FREE THAT NIGHT
OR
GET A FRIENDLY LAW FIRM TO FIGHT THE PROSECUTION IN COURT?
OR
WRITE A PETITION AGAINST THE POLICE AND FIGHT THE PERSECUTION
ADMINISTRATIVELY

4. Justice A accepted a donation of N10,000,000 during the judge’s book launch from a business man
that had a pending case with him. After the book launch he sent the N10,000,000 as gift to refugees in
the Boko Haram IDP Camp in Maiduguri.
Did the judge cross the ethical line/Code of Conduct for Judicial officers. Explain youranswer.

5. From an interview with a University of Abuja student:

Question- Is engaging in examination cheating fair to honest students?

Answer- I don't think of it like that. I know some students do. But the attitude is generally, this is the
way it is. When they work, a lot of these kids, either their fathers work in business, whatever they
do, they get a shortcut--the other guy doesn't. That's the way I look at it. If I'm sharp enough to know
the right people to get what I need, and he's not, then that's the point of the whole thing.
Agree or disagree with the student's perspective.
Explain your answer.

Other than the issue of fairness, are there other reasons why students should not engage in
examination cheating?

Explain the provisions of Rules and Laws (if any) that is violated in examination cheating and state
the consequences of examination cheating.

6. What are the roles of lawyers in the provision of legal aid and pro-bono services under the Legal Aid
Act, the NBA Constitution, and Rules of Professional Conduct for Legal Practitioners?

LESSON 4

TOPIC: General Overview of Rules of Professional Conduct for Legal Practitioners; Code of Conduct for
Judicial officers; Students Disciplinary Rules and sanctions II

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Content: General Overview of Rules of Professional Conduct for Legal Practitioners; Code of Conduct for
Judicial officers; Students Disciplinary Rules and sanctions.

Outcomes: At the end of this lesson students would be able to discuss the of Rules of Professional Conduct for
Legal Practitioners; Code of Conduct for Judicial officers; Students Disciplinary Rules and sanctions.

Activities:

Pre-Class Activities
Students will make a list of specific provisions of the Rules of Professional Conduct and the Legal Practitioners
Act under the following themes:
1. Duties to the client;
2. Clients’ autonomy and the lawyer-client relationship;
3. Confidentiality;
4. Conflicts of interests and representation dilemmas;
5. Duties to the State and community;
6. Duties to the court, the adjudicatory process and administration of justice;
7. Duties to the profession;
8. Professional Fees and accounting;
9. Restrictions on right to practice;
10. Communications concerning lawyers’ services

In Class Activities
1. Case studies on the Rules of Professional Conduct – 60mins
2. Students presentation of pre-class assignment – 40 Mins
2. Assessment: Quiz- 20mins

LESSON 5
TOPIC: Rules of Professional Conduct for Legal Practitioners - Lawyers’ Discipline

CONTENTS:
Reporting Professional misconduct; the disciplinary Authorities; and Sanctions

OUTCOMES: At the end of this lesson students would be able to:

1. Explain the process of Reporting Professional misconduct; the disciplinary Authorities; and Sanctions for
professional misconduct.

ACTIVITIES:

PRE-CLASS ACTIVITIES
Students write short essay on “the authorities responsible for disciplining legal practitioners for professional
misconduct, the disciplinary process and sanctions.”

IN-CLASS ACTIVITIES
(a) Discussion of the ethical standards and Rules of Professional Conduct based on case studies- 60Minutes
(b) Presentations/discussion of pre-class activities -40 minutes

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(c) Assessment: Quiz/Questions and Answers – 20minutes

LESSON 6

TOPIC: Law Office Management

Content: Nature, classifications and importance of a law office; the requirements/needs of a good law office;
Receiving clients; Use of files (digital or manual)/use File management in a law office and the importance of
maintaining confidentiality and safeguard of files and records; time management; office Diary; importance of time
and office Diary management; Comparing a law office and a law clinic.

Outcomes: At the end of this lesson students would be able to:

1. Explain the nature, classifications and importance of a law office;
2. List the requirements and discuss the needs of a good law office;
3. Explain how to receive a client/Receive a client into a law office;
4. Explain the process/Open an office File;
5. Discuss the process/manage a File (digital or manual)/use File management in a law office and the importance
of maintaining confidentiality and safeguard of files and records;
6. Role play- receiving clients in the appropriate manner;
7. Explain how to manage time and office Diary; and the importance of time and office Diary
management. 8. Compare a law office and a law clinic

Activities:
Pre-Class Activities

1. There would be an arranged class visit to law firm/firms.

2. Students write a brief description of common/different features of the firm/firms and a list of
equipment/materials in use;
3. Students to bring a File (hard copy) to class different from the file meant for their class use;

In- Class Activities

1. Brainstorming on nature, importance/goals of a law office - 10 minutes
9
2. Teacher gives an overview of a law office/Students presentation of brief description of common/different
features of law firm/firms and a list of equipment/assets in use (ranked in order of importance) -25 minutes 3.
Teacher’s overview of client’s reception styles/welcome statements, taking instructions and File opening, and file
management - 15 minutes
4. Simulated Role play: students play the different roles in a client reception and file opening. -15 minutes d.
General Discussions of the role-plays and exercise on file management and importance of managing records and
files appropriately and especially the importance of maintaining confidentiality and safeguard of files and records
– 25 minutes
5. Students brainstorm on the importance of time – 5 minutes
6. Teacher’s overview of time management strategies, including diarizing -10minutes
7. Assessment- Explain Post class Exercise- 5 minutes

Post Class Exercise

The students are given an exercise on File management including endorsing necessary records; manage it and
closing (using a given case study).

NOTES:
OBJECTIVES (From the Ernest Ojukwu, et al, Clinical Legal Education: Curriculum Lessons and
Materials, 2013.

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The Law Clinic is like the law firm and the firm’s business is supposed to be managed like any business that
wants to be successful. There is therefore the need to equip professionals in the office with the right management
skills. “There is need for people with strong administrative skills in any business. With business processes,
equipment, documentation and communication becoming increasingly complicated, managers and professional
administrators need a wide range of skills to run the office effectively.”1 The Lawyer like any other professional
requires these skills and law students in law clinics often manage their clinics and therefore need to have these
management skills for the clinic to be managed successfully.

Rules of Professional Conduct for Legal Practitioners

Privilege and confidence of a client

19 (1) Except as provided under sub-rule (3) of this rule, all oral or written communications made by a client to
his lawyer in the normal course of professional employment are privileged.
(2) Except as provided in sub-rule (3) of this rule, a lawyer shall not knowingly –
(a) reveal a confidence or secret of his client;
(b) use a confidence or secret of his client to the disadvantage of the client; or
(c) use a confidence or secret of his client to the advantage of himself or of a third person unless the client
consents after full disclosure.

(3) A lawyer may reveal -

(a) confidences or secrets with the consent of the client or clients affected, but only after a full disclosure to them
(b) confidences or secrets when permitted under these rules or required law or a Court order; (c) the intention of
his client to commit a crime and the information necessary to prevent the crime; (d) confidences or secrets
necessary to establish or collect his fee or to defend himself or his employees or associates against an accusation
of wrongful conduct.
(4) a lawyer shall exercise reasonable care to prevent his employees, associates and others whose services are
utilized by him from disclosing or using confidences or secrets of a client, but a lawyer may reveal the
information allowed by sub-rule (3) through an employee. 1

(5) A lawyer shall not in any way communicate upon the subject of controversy or negotiate or compromise the
matter with the other party who is represented by a lawyer, and he shall deal only with the lawyer of that other
party in respect of the matter.
(6) A lawyer shall avoid anything that may tend to mislead an opposing party who is not represented by a lawyer
and shall not undertake to advise him as to the law.

REFERENCES:
1. Bodenstein, J, et al,( 2004) Clinical law in South Africa, Durban,
2. Doherty, O.,(1998) Legal Practice and Management in Nigeria, London, Cavendish Publishing Ltd. 3.
Harriman, R.D., Law Office Administration- The Legal Secretary’s Handbook, 2000, Lagos, Greenfield
Publications.
4. Rules of Professional Conduct for Legal Practitioners

LESSON 7
Field work/Clinic Services

LESSON 8

1
Richards, E., Effective Management Skills, www.skillsportal.co.za/page/training/distance-elearning/1214920, last visited on 29th
February 2013.

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Topic: Lawyering Skills 1

Content: Letter Writing, e-mail writing, and CV Writing

Outcomes: At the end of this lesson students would be able to:

1. Explain the purpose, stages and forms of letter writing, email writing and CV writing
2. Write the different types of letters, emails and CV;
3

Activities:

Pre-Class Activities

1. Students using a case study will write letters and emails

2. Each students prepares a CV to be presented in class
3. Students will be given sample drafts (wrongly darfted) to critique ahead of the class

In- Class Activities

1. Teacher overview on the topic
2. Presentation of pre-class assignment
3. Discussion on the various drafts
4. Assessment

LESSON 9

Topic: Lawyering Skills 2 (Filing, Case Management, Report Writing and Reflection Practice)

Content: Filing, Case Management, Report Writing and Reflection Writing

OUTCOME: At the end of the lesson, students will be able to:

a. File documents and learn the principles of filing in a law office
b. Understand the various types of report writing and Write effective reports
c. Appreciate reflection practice

ACTIVITIES

Pre-class activities
1. Students should write based on a case studies to be produced by the teacher one report, one reflective
report and one legal opinion and turn it in before the lesson.
2. Write short notes on the importance and rules of filing

In-Class Activities
1. General discussion of the meaning, purpose and importance of report and opinion writing and the nature
and structure of reports and legal opinion – 30 mins
2. Students should look at case studies- reports and legal opinion and discuss in groups or individually, and
determine whether the structure and grammar comply with standard guidelines and report for discussion
and feedback – 60 Mins
3. Feedback – 20 Mins
4. Assessment – 10 Mins
Resources

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LESSON 10

Topic: INTRODUCTION TO LAW CLINICS I

CONTENT: Law clinics, file management, project conception and design, proposal writing,

OUTCOME: at the end of the lessons should be able to:

a) Explain the nature and scope of file management
b) Identify the essentials of file management and importance of file management
c) Discuss project conception and design
d) Draft good project proposals
Pre-Class Activities
1. Students in groups would visit offices of the school, organizations and firms to see how they keep files.
Each group will write and present a report before the lesson
2. Students in groups look out for a problem within the community and present a proposal on a project
targeted at solving that problem.
In-Class Activities
1. Students share their ideas on why we need a filing system and what they need to create one. The teacher
should draw a table as shown below on a board or flip chart or on a computer and projected and fill it out
with the ideas generated by the class.
2. Group presentation of pre-class activity 2
3. Feedback/next steps

LESSON 11

Topic: INTRODUCTION TO LAW CLINICS II

CONTENT: Project financing, Partnerships, Social Media management

OUTCOME: at the end of this lesson, students would be able to: Explain the importance of building partnerships;
discuss the principles and strategies for building lasting partnerships; discuss the prospects and challenges of
partnerships in law clinics; identify sources of project financing and discuss the imperatives of adequate social
media management.

ACTIVITIES
PRE-CLASS ACTIVITY

Students are to read case study and answer the questions that follow:

Case Study
Ameh Law Clinic has just been Inaugurated in Amen, a community in Nigeria. Given the high rates of pretrial
detention in the country, the clinic aims to focus primarily on addressing the challenge of prolonged pretrial
detention. As the clinic head answer the following questions.
a. What partnerships should you aim to cultivate and why?
b. How will you engage the partners? What might success look like in one year?
c. What challenges might be encountered?

In addition, develop a draft Memorandum of Understanding to execute with a Law Firm/Civil Society
Organization for Pro-bono services

IN-CLASS ACTIVITIES:

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 1. Students in groups or pairs review, analyse and present pre-class assignments. What stood out in the
drafted Memorandum of Understandings and why? What role will an MoU play in law clinic partnerships?
What other forms of partnerships pr collaborations can law clinics execute and why? – 20 Mins
2. Students brainstorm on specific examples of great partnerships in justice delivery they admire. What made
the partnerships great? – 15 Mins
3. Teacher plays a video on Project financing or Social Media management / Guest lecturer presents lecture
on the subject – 60 Minutes
4. Studenst discuss lessons from video/lecture – 10 Mins
5. Feedback; Question and Answer – 15 Mins

LESSON 12
CAT

LESSON 13

TOPIC: Client Interviewing and Counselling

Content: Purpose, stages and criteria for an effective client interviewing and counselling; Planning and
preparation for a client’s interview; Guidelines and strategies to effectively get the client tell the story and practice
conducting an interview; Purpose for developing a chronology of a story during a clients interview and the
principle and guidelines (including ethical considerations) of counselling; Identify the client’s problem(s) and
goal(s); Conduct an Interview and counsel in a role play; Basic elements essence of client-centred interviewing
and principles of interviewing persons with special needs or in special Circumstance; Conduct live client
interviews/simulated interviews.

Outcomes: At the end of this lesson students would be able to:

1. Explain the purpose, stages and criteria for an effective client interviewing and counselling;
2. Plan and prepare for a client’s interview;
3. Explain the guidelines and strategies to effectively get the client tell the story;
4. Explain the purpose for developing a chronology of a story during a client’s interview and the principle and
guidelines (including ethical considerations) of counselling;
5. Identify the client’s problem(s) and goal(s) and Explain and discuss the basic elements of client-centred
interviewing
6. Conduct an Interview and counsel in a role play/through simulation

Activities:

Pre-Class Activities

1. Students to read the materials and watch the videos already frontloaded.

In- Class Activities

1. Teacher gives an overview of lesson -25 minutes
2. Case study on client’s problem(s) and goal(s) and the basic elements of client-centred interviewing and other
ethical considerations- 30Mins

3. Role plays/video clips/simulated interviews/discussions and feedbacks - 60

minutes 7. Assessment- Explain Post class Exercise- 5 minutes

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LESSON 14

TOPIC: Client Interviewing and Counselling Part 2

Content: Purpose, stages and criteria for an effective client interviewing and counselling; Planning and
preparation for a client’s interview; Guidelines and strategies to effectively get the client tell the story and practice
conducting an interview; Purpose for developing a chronology of a story during a clients interview and the
principle and guidelines (including ethical considerations) of counselling; Identify the client’s problem(s) and
goal(s); Conduct an Interview and counsel in a role play; Basic elements essence of client-centred interviewing
and principles of interviewing persons with special needs or in special Circumstance; Conduct live client
interviews/simulated interviews.

Outcomes: At the end of this lesson students would be able to: Conduct an Interview and counsel in a role
play/through simulation

Activities:

Pre-Class Activities

1. Students to read the materials and watch the videos already frontloaded.

In- Class Activities

1. Focuser: Flashback -10 minutes
2. Role plays/video clips/simulated interviews/discussions and feedbacks – 1hr
45minutes 3. Assessment- Explain Post class Exercise- 5 minutes

NOTES FROM AFRICAN LAW CLINICIANS’ MANUAL, BY DAVID MCQUOID-MASON •

ROBIN PALMER

CHAPTER 13: TEACHING INTERVIEWING SKILLS AND COUNSELLING

Contents:
13.1 Introduction
13.2 Stages of the interviewing and counselling process
Outcomes:
The ability to plan, prepare and conduct an effective client interview, and to provide the client
with appropriate counselling and advice following the interview.
13.1. Introduction
The purpose of an interview with a client is to establish relevant legal issues. For example, the
purpose of the initial client interview is to establish whether the client has a legal problem or issue
and discuss remedies available to them. For example, this interview would differ from a later
interview with the same client consulting for trial as the objective is to prepare the client to give
evidence on legal issues.
Client counselling is a procedure that follows the identification of the relevant issues, and has the
purpose to explain all options flowing from the issues, advising the client on the advantages and
drawbacks of the various legal options available, and finally guiding the client to make a choice of one
or more of the options available.
13.2 Stages of the interviewing process173
The interviewing process has various distinct phases:
1. Preparation for the interview: this includes preparing the physical environment (directions; parking;
setting up or arranging tables and chairs; water and drinking glass; etc); completing the client
information sheet; meeting the client and escorting the client to the interview table (‘meet and
greet’); indicating toilet facilities and reading the client file (if applicable).
When meeting a client for the first time, it is very important to get all of their details and their
particulars. You must ensure that you have enough information to contact them after they have left the

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clinic. This session it is very important to get as much information from the client as possible174. This
will include cell phone numbers, cell phone numbers of family members, spouses and next of kin.
When asking for an address, ask the client to draw a map with directions to their home including
landmarks like shops and schools. If they live in a rural area, ask for the contact number of the
chief/headman. If it becomes apparent that it will be difficult to contact them once they have left the
clinic, set a date for a follow up appointment at the initial meeting to ensure that they come back to the
clinic.
173
See Annexure K client- interviewing and advising guide and annexure M: summary of interviewing steps
174 See Annexure J- Client intake form and interviewing sheet
126
2. Starting the interview: Open-ended positive words (e.g. ‘How can I help you?’ or ‘why have
you come to see us today?’ and not ‘What is your problem?’)
3. Let the client tell the story: Let the client talk without interruption and listen carefully; maintain
regular eye contact and jot down notes as the client talks; list possible legal issues that arise; note
client’s demeanour, body language and voice inflections; resist the temptation to interrupt even if the
story is disjointed; do not offer legal advice or conclusions at this stage, even if asked); avoid
premature problem identification.
4. Develop a chronology: When the client has completed telling the story, develop a chronology (i.e.,
start at a given point and note down events in time sequence, step by step) for each of the potential
legal issues you had noted earlier. Use progressively more closed questions to “funnel” the client’s
version into a chronology. At the end of the chronology on each potential issue, confirm your initial
view on whether a legal issue exists or not. Once all the issues have been identified, confirm them
with the client again.
5. Counselling: The interviewing process is followed by the counselling stage. This entails listing
various available options flowing from the issues, explaining the advantages and disadvantages of each
option, considering non-legal options, advising the client on your opinion of the preferred option given
the client’s circumstances, and guiding the client to make a choice on one or more of the available
options.
6. Closing the interview: Once the client has made an informed choice, the last stage is to confirm the
choice(s), confirm what further actions you will take and what actions the client must take, and finally
seeing the client out of the offices.
Note that it is important that the law clinic develop a checklist for dealing with clients to ensure no
aspects of the process are overlooked175.
This checklist should include:
Preparation
∙ prepare for interview with client
∙ familiarity with charge, relevant law
∙ familiarity with facts
∙ familiarity with court policy
Conducting Interview
∙ make client feel relaxed
∙ explain how the Clinic works
∙ confidentiality
∙ personal history
∙ update current contact information, employment, etc.
175 Specific checklist for specialist interviews (criminal and divorce matters) should also be created.

∙ no note taking during initial interview

∙ ask about witnesses
∙ ask about statements, searches, etc.
∙ ask about mitigation
∙ review relevant facts, taking notes
∙ discrepancies
∙ obtain any releases
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Counselling Skills
• Advice to Client
• explain the law, including affirmative defenses
• discuss exposure
• don’t talk to anyone about the case
• explain the procedure of the prosecution, trial
• discuss whether client should testify
• discuss plea bargaining, accord & satisfaction
• answer questions
Professional Responsibility
• don’t confront client
• don’t judge client
• don’t become a witness
• encourage candour
• be candid
Pretrial Proceedings: Witnesses
• Identify Witness, Pro and Con
• Background Information
• Arranged Interview
• Unarranged Interview
• Identify yourself and client
• Find out what they know
• Find out what they have said, to whom
• Whether coming to court
• Who they can talk to
13.3 Proper Interview Techniques
From Eyewitness Evidence: A Guide to Law Enforcement, U.S. Department of Justice, Office of
Justice Programs, National Institute of Justice.
INITIAL (PRE-INTERVIEW) CONTACT WITH THE WITNESS
Principle:
A comfortable witness provides more information.
Policy:
Investigators shall conduct themselves in a manner conducive to eliciting the most information from
the witness.
Procedure:
On meeting with the witness but prior to beginning the interview, the investigator should:
1. Develop a rapport with the witness.
2. Inquire about the nature of the witness’ prior law enforcement contact related to the
incident.
3. Volunteer no specific information about the suspect or the case.
Summary:
Establishing a cooperative relationship with the witness likely will result in an interview that yields a
greater amount of accurate information.

CONDUCTING THE INTERVIEW

Principle:
Interview techniques can facilitate witness memory and encourage communication both during and
following the interview.
Policy:
The investigator shall conduct a complete, efficient, and effective interview of the witness and
encourage post interview communication.
Procedure: During the interview, the investigator should:

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1. Encourage the witness to volunteer information without prompting.
2. Encourage the witness to report all details, even if they seem trivial.
3. Ask open-ended questions (e.g., “what can you tell me about the car?”; augment with
closed-ended, specific questions (e.g., “What color was the car?”).
4. Avoid leading questions (e.g., “Was the car red?”).
5. Caution the witness not to guess.
6. Ask the witness to mentally recreate the circumstances of the event (e.g. “Think
about your feelings at the time.”).
7. Encourage nonverbal communication (e.g., drawings, gestures, objects).
8. Avoid interrupting the witness.
9. Encourage the witness to contact investigators when additional information is
recalled.
10. Instruct the witness to avoid discussing details of the incident with other potential
witnesses.
11. Encourage the witness to avoid contact with the media or exposure to media
accounts concerning the incident.
12. Thank the witness for his/her cooperation.
Summary:
Information elicited from the witness during the interview may provide investigative leads and other
essential facts. The above interview procedures will enable the witness to provide the most accurate,
complete description of the event and encourage the witness to report later recollections. Witnesses
commonly recall additional information after the interview that may be critical to the investigation.

IMPROPER INTERVIEW TECHNIQUES

Interview Script prepared by Virginia State Police detective to be used by investigators interviewing
witnesses:
The purpose of the interview concerns the murder of Tammy Baker on 12/3/97. She was about to leave
for work when she noticed an object near her doorstep. She picked it up and it exploded and killed her
and her unborn child. We are interviewing people who we believe my in some way be associated with
Coleman L. Johnson, Jr., also known as Mike Johnson. Johnson lived for a short time with Tammy
Baker and we believe he is the father of the unborn child or he believed he was the father of the child.
They were involved in an unfriendly controversy at the time of her death regarding his not wanting to
pay child support. We have uncovered information regarding Coleman Johnson, Jr. which leads us to
believe he may have caused this bomb to be set. Our investigation thus far indicates you have an
association with Johnson and/or his mother, Dianne Johnson who live at 314 Maney Drive in Newport
News.
Sample of questions asked:
∙ Johnson’s temperament? Do you ever recall seeing him get
made and what type of things make him mad? How angry does
he get?
∙ Johnson’s relationship with ex-wives/girlfriends?
∙ Where does he hang out?
∙ What is his relationship with his mother?
∙ Did Johnson or his mother ever talk about Tammy Baker and her pregnancy?
∙ What are his hobbies? Is he interested in explosives or guns?
∙ Is he tight with money
∙ Are you aware of any mental problems or signs of instability?
∙ Have you ever heard him threaten anyone or talk about getting even with anyone?

LESSON 15

TOPIC: CAT- Client Interviewing and Counselling Part 3

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Content: Mock Interview and Assessment of students’ performance. Outcomes: At

the end of this lesson students would be able to: Conduct mock Interview Activities:

Pre-Class Activities

1. Students to read the materials and watch the videos already frontloaded.

In- Class Activities

Assessed Mock interview and feedback- 2hrs

LESSON 15B

TOPIC: CAT- Client Interviewing and Counselling Part 4

Content: Mock Interview and Assessment of students’ performance. Outcomes: At

the end of this lesson students would be able to: Conduct mock Interview Activities:

Pre-Class Activities

1. Students to read the materials and watch the videos already frontloaded.

In- Class Activities

Assessed Mock interview and feedback- 2hrs

LESSON 16

TOPIC: CAT- Client Interviewing and Counselling Part 5

Content: Counselling

Outcomes: At the end of this lesson students would be able to: Discuss client

counselling Activities:

Pre-Class Activities
16
1. Students to read the materials and watch the videos already frontloaded
2. Students prepare a report of the client interview conducted in Lesson 6 and are ready to present their counseling
approach in class based on the report.

In- Class Activities

1. Preview and discussion client counselling guidelines- 20mins
2. Students presentation of pre-class activity on report of client interview and on what and how they intend to
counsel the client that they interviewed/using other case studies for counselling practice- 90mins 3. Assessment-
10mins

LESSON 17

TOPIC: CAT- Client Interviewing and Counselling Part 6

Content: Mock Counselling and Assessment of students’ performance.

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Outcomes: At the end of this lesson students would be able to: Conduct mock

Counselling Activities:

Pre-Class Activities

1. Students to read the materials and watch the videos already frontloaded.

In- Class Activities

Assessed Mock Counselling and feedback- 2hrs

LESSON 18

TOPIC: Dispute Resolution

CONTENTS
i. Meaning/nature of conflicts/disputes;
ii. Types of dispute resolution methods and processes;
iii. Advantages of disadvantages/limitations of different dispute resolution methods.

17
OUTCOME
At the end of this lesson students would be able to:
i. Explain the meaning/nature of conflicts/disputes and types of dispute resolution methods and processes; ii.
Explain and discuss the advantages and disadvantages/limitations of different dispute resolution methods.

ACTIVITIES
a. PRE-CLASS ACTIVITIES
Students should write essay on the advantages and disadvantages/limitations of different dispute resolution
methods.

b. IN-CLASS ACTIVITIES
i. Brainstorming on meaning/nature of conflicts/disputes – 15 minutes
ii. General listing of types of dispute resolution methods and processes – 20 minutes
iii. Students’ Presentations on the advantages and disadvantages/limitations of different dispute resolution
methods/feedback/discussions – 25 minutes
i. Group work based on case studies on when to chose certain type (s) of resolution method (s) and
why/presentations/feedback/discussions – 50 minutes
ii. Assessment – 10 minutes

NOTES:

“OBJECTIVES
The aim of the lessons on Alternative Dispute Resolution (ADR – now sometimes referred to as Appropriate
Dispute Resolution) is to familiarise the students with the availability of other methods of resolving disputes other
than litigation or in connection with litigation; and to introduce to the students the skills and techniques needed
for engaging in an Alternative Dispute Resolution process, particularly the negotiation and mediation processes.
Students working in a law clinic should be able to explain to and advice a client (depending on the client’s needs)
ADR processes and assist such a client in any such process and particularly be able to conduct a negotiation on
behalf of a client.” – See Ernest Ojukwu, and Sam Erugo and Charles Adekoya, “Clinical Legal Education:
Curriculum Lessons and Materials, 2013, Abuja Chapter 8 p. 101. You can also access the book at www.nulai.org
or http://www.gaje.org/wp-content/uploads/gravity_forms/27-
61ffabe162d29b7fe6c279abe68e27eb/2013/12/Clinical-Legal-Education-Curriculum-Lessons-and-Materials
20 | Page
Published.pdf

LESSON 19

TOPIC: Negotiation

CONTENTS
Negotiation skills: Negotiation process.

OUTCOME
At the end of this lesson students would be able to:
i. Explain and discuss the process;

ACTIVITIES

IN-CLASS ACTIVITIES
i. Students engage in perception exercise (“the importance of clarifying the issues before engaging in any
negotiations- otherwise the parties will misinterpret the issues and talk past each other”- David Mcquiod
Mason and Robin Palmer, African Law Clinicians’ Manual, page 159) - 15Mins
iii. Students engage in introductory one-on-one negotiation exercise and discussions follow– 25 minutes
iii. Teacher Overview (and interactive discussions) of the negotiation process - 60Mins iv. Assessment –
Qs and As - 20 minutes

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LESSON 20

TOPIC: Negotiation 2

CONTENTS
Negotiation skills: Negotiation Process (Listening skills); Planning the negotiation; Negotiation values; Principled
Negotiation

OUTCOME
At the end of this lesson students would be able to:
i. Discuss listening skills in a negotiation process;

20
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ii. Discuss Planning a Negotiation, negotiation values and principled negotiation.

ACTIVITIES
IN-CLASS ACTIVITIES
i. Students engage in Paraphrasing Exercise - 10Mins
iii. Teacher Overview of Planning a negotiation – 15 minutes
iv Groups plan a negotiation using case study and report/discussions follow- 30 Mins v. Teacher Overview of
negotiation values and discussion of case studies on negotiation values-30Mins vi. Teacher overview and
discussions of Principled negotiation using case studies especially in distinguishing between “interests of parties’
and “positions.”- 30Mins
vii. Assessment – Qs and As - 5 mins

LESSON 21

TOPIC: MEDIATION

CONTENTS
Negotiation skills: Negotiation Exercises (CAT)

OUTCOME
At the end of this lesson students would be able to:
i. Conduct Negotiation using case studies

ACTIVITIES
IN-CLASS ACTIVITIES
Students engage in negotiation exercises that will be assessed as continuous assessment test- 2 hours

LESSON 21

TOPIC: Introduction to Arbitration

CONTENT:

LESSON 22

TOPIC: Revision

CONTENTS
Revision

OUTCOME
At the end of this lesson students would be able to:
Review the semester lesson outcomes and practice answering examination questions based on past questions.

ACTIVITIES
IN-CLASS ACTIVITIES
Students Review the semester lesson outcomes and practice answering examination questions based on past
Questions - 2 hours

23 | Page
 EXAMINATION QUESTIONS
CLINICAL AND MOOT COURT PRACTICE 1- LAW 407
APRIL 2017
Answer the two questions in Section 1 and any two questions from Part 2. The criteria for the assessment of
your answers would include your writing skill-(Structure, Grammar, Presentation).

SECTION 1- The two Questions in this Section are compulsory. Each attracts 20 marks

Read this report written by a lawyer in your law firm below and answer questions 1 and

2.

Ebedi Jones was born to a single mother following a short-lived relationship with a medical doctor who was
unmarried at the time. The Doctor was aware that single mother had a child for him and did not at any time
dispute the paternity of Ebedi. He provided for Ebedi’s upkeep and when Ebedi turned 7, he took him into his
own home. By this time the Doctor was married to Janet. The marriage between the Doctor and Janet was blessed
with a son Vincent and two daughters. Many years later, the Doctor died testate at the age of 72. In his Will, he
left his country home to Ebedi and his house in the city to Vincent. Vincent feels that he should have inherited the
country home as the first son of the marriage between the Doctor his father and his mother Janet. He now seeks
the advice of your firm on the legal steps open to him to recover what he believes to be rightly his.

Question 1
List all relevant facts/information/material that you require to be in a position to advise Vincent.

Question 2
Your client Vincent has given consent for you to file a suit in court on the matter. Explain the following: (a) the
requirement of the Rules of Professional Conduct for Legal Practitioners relating to the lawyers obligation to
advise your client on Alternative Dispute Resolution;
(b) Lagos State High Court Civil Procedure Rules relating to the Claimants obligation to attempt to settle with the
defendant before the suit and the objectives of the Rules; and
(c) Abuja High Court FCT Abuja Civil Procedure Rules on the obligation of the court to encourage settlement or
other dispute resolution methods.

SECTION 2- Answer any two Questions from this part. Each attracts 15 Marks

Question 3
Assuming that Mr Vincent had come to your firm to have the first interview, explain the
following: A. How you will receive Mr. Vincent on his first visit to the clinic;
B. The process/Opening a file for him and also stating the essence of file management; C. The importance
of maintaining confidentiality of clients and safeguard of files and records in the clinic.

Question 4
Gabriel the Only son of Mr. Akintunde has just been called to the Nigerian Bar being the only and the first
Lawyer in his village. The father has decided to organize a reception party for him to celebrate his victory at the
Law school. The father has also informed him that many friends of his will be attending the party and they have
promised make financial contribution to the setting up of a law firm for him. The father however instructed him to
prepare a presentation focusing on an overview of a law firm, the features of a law firm and identifying the
equipment/assets in use to enable the guests appreciate the areas to assist with their contribution. Write the
presentation.

Question 5

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Read the Report in Part 1 of this Examination Questions above and answer Question 5 below:

Assuming that your client Vincent agrees to explore other forms of dispute resolution mechanism other than
litigation, explain two options you consider most suitable in this case and why.

Question 6
You are involved with training law students to become competent and effective client interviewers and
counselors. Explain the various assessment criteria you would use to judge the students.

ANSWER THE FOLLOWING QUESTIONS

SECTION A
ALL QUESTIONS ARE COMPULSORY

QUESTION (1) ONE

Dorcas Emmanuel is a caterer who lives in Abuja. In 2020, she bought a brand a new truck for her
business at the cost of N12 Million from Clinton Jida motors Limited at their car stand located at Jabi,
Abuja. A car financing agreement was duly executed by the parties and it was agreed that Dorcas
Emmanuel will make a down payment of N3 Million and thereafter make subsequent installment
payments of N1 Million per month for the next 9 months. It was further agreed that where there is any
default in payment for a continuous period of 2 months, the total balance on the vehicle will become
payable immediately.
Dorcas Emmanuel only paid the sum of N8 million deposits and thereafter made only 2 installment
payments. She has failed to make any other payment because of her dwindling fortune in business as a
result of the Corona Virus Pandemic. Several letters of demand were written by Clinton Jida Motors but
she has persistently and willfully refused to pay up the remaining balance due on the truck. Meanwhile,
she is unable to raise the balance rather she procured the services of a lawyer who could not continue
with the case due to the ill health of his wife. She came to your law office and instructed you to file a
claim against the car company to “buy” time and to use any and all strategies that he can think of (that
are legal) to prolong the litigation. She hopes to secure a catering job in the APC Delegate Congress
coming up 2months from now.

QUESTION (1) ONE - 15 MARKS

a. Will you accept the brief and file the claim or not accept the brief from Dorcas Emmanuel?
Give reasons for your answer. 8 Marks.
b. What will be your response, if after telling you her story you observed that she had briefed
another lawyer prior to the meeting? 7 Marks

QUESTION (2) TWO- 15 MARKS

Law like other professions require practical training just as the pilot requires practical training to fly a
plane. Clinical Legal Education prepares the law student experientially. Write a reflection on the
opportunities has the Baze Law Clinic given you to practice law and/or engage with the community
whilst a student in the 22B semester? – 15 Marks
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SECTION B
ANSWER ANY ONE (1) QUESTION. Only one question is to be answered in this section
QUESTION (3) THREE- 10 MARKS
During the initial client interview held on 18th November, 2019 in the office of Richard Chukwuma and
Co. at Plot 20, Herbert Macaulay Street, Port Harcourt. Madam Nengi Tyger informed Richard
Chukwuma Esq of the debt of #30,000,000.00 (being owed to him by Ayabowei Nigeria Ltd. She asked
her lawyer to write a letter to the company requesting for the payment of the money into her lawyer's
account by the end of January, 2020. Secondly, Madam Nengi Tyger said she was willing to accept
installments of #10,000,000.00 (Ten Million Naira) each at the end of every month beginning from
January, 2020, if the Company cannot pay the total amount as at the due date. She informed her lawyer
that she wanted the company to know this and the fact that she is willing to enter a negotiation if the
company do desires. Finally, Madam Nengi Tyger said her lawyer should notify the company that she
would not hesitate to institute an action in court if the company fails to comply with any of the two
options provided.
Mr. Richard has just received you as an intern in his law firm and requested that you prepare the
letter.

QUESTION 4 FOUR
The Baze University Law Clinic is currently recording huge successes in her activities and programs.
This has also been followed by a huge social media presence showcasing all the activities of the Clinic.
The Executive Secretary of the National University Commission has invited you to make a detailed
presentation on the operation of Law Clinic in Nigerian Universities. Write the presentation. – 10 Marks

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