Former Divorce Client's Brother Seeks the Same Chambers
Barrister Ada Nwosu is a sole practitioner with one pupil, Emeka. She acted for Mrs. K in a bitter divorce that ended in 2023. During the divorce, Mrs. K disclosed that her brother, Mr. D, had helped her hide N12 million from her husband and that a family property in Lekki was transferred to her name to defeat the husband's claim. In February 2025, Mr. D approaches Ada's chambers to act for him in a land dispute against Mrs. K over that same Lekki property. Emeka has already opened a file, taken Mr. D's statement, and copied the divorce file number onto the new file. Ada did not act in the land dispute personally and says she can 'screen' Emeka. Mr. D refuses to consent to Ada's withdrawal and has paid a N500,000 deposit into the chambers' client account.
1. May Ada's chambers accept Mr. D's land dispute? Analyse the conflict and confidentiality issues.
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The chambers should decline. Mrs. K is a former client; Mr. D's land dispute is substantially related to the divorce because the Lekki property and the N12 million transfer were central to the earlier matter. Ada received confidential information from Mrs. K about the property and her brother's involvement. A lawyer may not act against a former client in a matter where confidential information could be used to that client's disadvantage. Mr. D's consent does not cure the problem, because the confidentiality belongs to Mrs. K, not to him. The fact that Ada would 'screen' Emeka is not sufficient in a small chambers where Ada is the principal and the pupil works under her supervision. The deposit into the client account does not create a right to act. Ada should return the N500,000 and explain the conflict to Mr. D.
2. What should Ada do about the new file, the copied divorce file number, and the information Emeka has already taken from Mr. D?
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Ada should stop work immediately and secure the new file. The copied divorce file number should be removed from the new file and the divorce file should not be accessed. Emeka's notes from Mr. D should be kept confidential and not used for the benefit of Mrs. K; the duty of confidentiality runs both ways, so Mr. D's information cannot be deployed against him either. Ada should record what happened, notify the chambers' risk manager or the relevant professional body if required, and consider whether any inadvertent disclosure must be reported. She should not destroy the new file, because it may be needed for a fee dispute or a misconduct inquiry. The safest course is to return all original documents to Mr. D, keep a copy only if retention is permitted, and confirm the withdrawal in writing.
3. If Mr. D refuses to accept the withdrawal, what are Ada's professional obligations?
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Ada's duty to the court and to the profession overrides Mr. D's insistence. She must decline the instructions even if he refuses consent, because continuing would breach Mrs. K's confidentiality and create a clear conflict. She should write to Mr. D setting out the reason in general terms without disclosing Mrs. K's confidences, return the deposit, and give him time to instruct another lawyer. If proceedings are already filed, she may need to apply to the court to come off the record and should not take any step that prejudices Mr. D. She must not reveal why she is withdrawing beyond what is necessary. If Mr. D threatens a complaint, she should keep a full attendance note. Accepting the brief and hoping the conflict will not matter would be a disciplinary risk and could disqualify the chambers from acting.