THE UNIFYING CULTURE OF THE LEGAL PROFESSION: A GLOBAL TAPESTRY OF SHARED NORMS AND PRACTICES

BY- JANE CHUKWUMA, University of Nigeria Nsukka (UNN)

1.0: INTRODUCTION

Despite operating under countless distinct jurisdictions, legal systems, and cultural traditions, the global legal profession maintains a remarkably singular and unifying culture. This cohesion is not a matter of chance; it is the direct result of a carefully cultivated professional identity, expressed through common norms, a shared formal dress code, a specialized language, and a body of ritualized practices.

While these elements may appear to be traced from the past, they serve a vital, modern function, transcending geographical and ideological divides to foster a collective sense of purpose and identity that binds lawyers, judges, and academics together in a common cause: the pursuit of justice and the maintenance of the rule of law. Hence, the legal profession is tied together to its common goal: the pursuit of justice and the maintenance of the rule of law.

Legal culture is the shared beliefs, values, attitudes of a group of people toward the law and its role in the society at large. The global nature of the legal profession refers to the legal services provided across national divides and requiring lawyers from across the nations, to navigate diverse legal systems and cultural contexts.

This article posits that this shared professional culture is an invisible thread that ties the profession together, providing a stable foundation of mutual respect and fosters a collective identity.

2.0 BEYOND THE FABRIC: HOW LEGAL ATTIRE UNIFIES AND DE-PERSONALIZES

2.1 The Universal Dress Code

The dress code for lawyers can be traced to the English judicial system. This dress code has been in existence for more than six centuries. The costume for judges were establishing in the time of British King Edward III (1327-1377) for attending the Royal court. The material used in making the ceremonial robes were given to judges as a grant from the crown. Importation of the long robes into the courts was first done by the priest original judges and subsequently, by those who patronized the courts in the 13th century.

For instance, in ancient Rome, judges wore a purple-trimmed toga when performing their duties as judges, to gain authority from monarchies and feudal lords. Also, the black robes tradition spread throughout Britain, surrounded the world and still invoke as part of Britain's colonial adventures.

Furthermore, in the Muslim countries, wigs were worn to cover their shaved and hairless head from the sun. After these, the wearing of wigs went extinct until it was revived again after the 16th century. It was later worn only by judges after 1740. As regarding the bands, which is the official neckwear used by clergymen and lawyers, it was called "preaching bands" for the clergy, and "barrister's band" for lawyers. Now, it is the official official dress code for lawyers, barristers and judges across the nations.

2.2 Symbol of Uniformity

Since lawyers are trained to carry themselves with dignity and integrity, it also transcends to the way they dress. After the advent of the general dress codes by the English judicial system, this has made it a symbol of uniformity amongst lawyers all around the world. By following these iconic items (wigs, gowns, neck bands) they are not just wearing an attire, they are respecting the legal systems and history. The legal dress code is a visual language that communicates professionalism and authority. Hence, when well fitted, one can easily distinguish between a lawyer, judge and a student.

One distinct feature in its symbol of uniformity is how the legal attire promotes equality. This, lawyer focus on the merits of the case instead of their individual personalities. The legal attire promotes this through its identical robes and wigs and emphasizing the impartiality of the legal profession as all voices are heard regardless of class or background.

Furthermore, the legal attire boosts confidence of new lawyers who are just fresh out of school. Because stepping into the court room can feel overwhelming, the legal attire serves as a confidence booster, ensuring lawyers step into the courtroom and focus on the case without having to worry about their appearance.

3.0 THE LANGUAGE OF THE LAW: A SHARED LEXICON

3.1 Specialized Latin Phrases and Jargon and Its Function as Lingua Franca

The manner of the language of the law of the law is formal. It is largely written, but spoken in the courtrooms. Some of the specialized jargons and phrases emanates from French and Latin. Phrases like harbeas corpus, stare decisis, res ipsa loquitur, audi alterem partem, esprit de Lois, caveat emptor, amongst others are universally used by lawyers and judges across the nation. These phrases and jargons are incorporated into the vocabulary of lawyers which they use in courtrooms.

In international law, lawyers, judges and even diplomats from various countries, use these legal jargons and phrases to communicate effectively. Legal terms like contracts, liability, jurisdiction, embody specific meanings recognized in diverse legal systems allowing for mutual understanding in international contexts.

Also, treaties and international regulations use standardized terms to ensure uniformity of language across different legal systems. In mooting, lawyers and judges now use these legal jargons to lay emphasis or buttress their case. This goes to show that the global nature of the legal profession spans across these Latin maxims thereby serving as an official language for lawyers across diverse legal systems.

4.0 COMMON NORMS AND UNWRITTEN RULES OF PROFESSIONALISM

4.1 Core Ethical Principles

Lawyers are expected to embody certain core ethical principles that aim at establishing an acceptable general framework which serves as a foundation for codes of conduct to be established by appropriate authorities across the world. These general principles enable lawyers to combine updates on legal development while serving their clients, respect for the court and their ultimate legal aspiration to maintain a reasonable lifestyle. These principles include:

4.1.1 Independence: A lawyer shall be afforded independence to allow him or her give his or her clients unbiased advice or representation. This means that a lawyer shall be afforded the right to exercise his or her independent professional and unbiased judgement in advising his or her clients upon the success of his or her client's case.

4.1.2 Honesty, Integrity and Fairness: A lawyer shall at all times maintain the highest degree of honesty integrity and fairness towards the court, his or her colleagues and anyone with whom they come in contact with.

4.1.3 Confidentiality and Professional Secrecy: A lawyer shall at all times maintain and be afforded protection of confidentiality towards his or her former or present clients, unless when permitted by law to disclose, or permitted by the client's authorization.

4.1.4 Maintain a High Level of Professional Conduct: Lawyers are generally expected to conduct themselves with professionalism in all aspects of their legal practice. They are expected to avoid conducts that would lead to disrepute to the legal profession such as engaging in bribery, dishonesty or unethical conduct. They should uphold integrity in their dealings with opposing counsels, the court and other parties involved in the legal proceedings.

4.2 Professional Solidarity

Professional solidarity in the legal profession involves a conscious effort by lawyers to collectively uphold the rule of law, justice and integrity through ethical conducts, mutual support and advocacy.

For instance, lawyers are not supposed to mislead or attempt to mislead their clients, court or others present in the legal proceedings either by their act or omissions. They are to take due diligence in ensuring these otherwise it will be seen as a breach of the rules of professional conduct. Professional solidarity in the legal profession also can be seen in the following aspects:

4.2.1 Promoting Wellbeing: Solidarity here involves creating an inclusive environment for lawyers. It also means creating a culture that reduces stigmatization, supports mental health and encourage positive policies around these challenges. In other words words , advocating for laws and policies that addresses these challenges in the legal profession.

4.2.2 Mutual Respect and Fair Treatment: Lawyers are expected to treat each other with equal respect and avoid segregation of any kind. They are to avoid any form of bullying, harassment or unfair discrimination in terms of gender, age or class. Lawyer A should be treated equally as lawyer B.

4.2.3. Support for Colleagues under Threat: As early as 1994, there became a growing concern regarding attacks to the independence of judges and lawyers. By 1994, the Human Rights Commission (replaced by the Human Rights Council in 2006) appointed a Special Rapporteur on this challenge. Its mandate has extended and continued up till now because the issue has worsened amongst many countries.

Pursuant to this, an independent Dutch lawyer's organization, "Lawyers for Lawyers" (L4L) was established. Its mandate is to promote and protect the independence of the legal profession through the support of lawyers all over the world who face illegal interferences, and restrictions in their work, often because they stood up for the rights of their clients.

This shows the efforts some lawyers in the legal profession put in place to ensure that they support their colleagues who are facing threats because they choose to uphold justice. Organizations like L4L is proof that solidarity has been a powerful tool to bring human rights violations, to the attention of international laws and regulations, and to protect lawyers who face threats in their work. Other aspects of professional solidarity include commitment to public good, collective action and advocacy and upholding core professional values.

5.0 PROFESSIONALISM ACROSS BORDERS: THE CONFLUENCE OF NIGERIAN AND INDIAN ETHICAL CODES

The code of conduct that guides lawyers across the world is codified in the rules that establishes them in each country. These rules ensure that lawyers are put in check to uphold the rule of law and avoid miscarriage of justice. The Bar council of India (BCI) Rules provides for the professional conducts of lawyers in India. These are some of the rules: An advocate shall, during the presentation of his case and while otherwise acting before a court, conduct himself with dignity and self-respect. He shall not be servile and whenever there is proper ground for serious complaint against a judicial officer, it shall be his right and duty to submit his grievance to proper authorities. Secondly, an advocate shall maintain towards the courts a respectful attitude, bearing in mind that the dignity of the judicial office is essential for the survival of a free community. An advocate shall not influence the decision of a court by any illegal or improper means. Private communications with a judge relating to a pending case are forbidden.

Furthermore, the Nigerian Rules of Professional Conduct (2023) provides for the professional conducts of lawyers in Nigeria. These are some of the rules:

I. Lawyers shall treat themselves with fairness, dignity, respect, and shall not allow any ill-feeling towards opposing clients, to influence their conduct with one another or towards the opposing clients.

II. A lawyer shall observe good faith and fairness in his dealings with other lawyers.

III. A lawyer shall not conduct himself in such a way as to give impression that his act is calculated to gain or has the appearance of gaining favour from the judge.

IV. When in the courtroom, a lawyer shall not engage in discourteous conduct which is degrading to a court or tribunal.

With the above rules, we can see that there is a convergence of Nigerian and Indian ethical codes. This goes to show that the same conduct required of a lawyer, judge or barrister in Nigeria, is the same conduct required of a lawyer, judge or barrister in India. The professionalism across all borders is what unifies us as lawyers, because it is the same everywhere.

5.0 SHARED PRACTICES

5.1 The Role of Legal Education

Legal education has an effect in shaping the legal profession. It helps students to construct legal arguments, engage in legal analysis and have proper understanding of the legal doctrines. Students in law schools are taught the necessary skills to pursue their client's interests, provided they do not go contrary to what the law prohibits them from doing to their clients. They are also exposed to the Socratic method which helps them discover the proper ethical posture through an examination of series of complex facts calling for different professional and ethical response. Legal education is the same across the world and its role cannot be overemphasized.

5.2 Global Collaboration

Cross-border legal services is not a new thing: people travel across borders from time immemorial to seek justice in other jurisdictions. However, modern developments in cross-border legal services can be traced back to the 19th century, when international courts such as Permanent court of arbitration in the Hague were established. Today, law firms and lawyers help individuals succeed globally. With the establishment of international courts, it makes even the pursuit of justice easier. Nowadays, lawyers focus on collaboration and interprofessionalism to expand their business. Collaboration involves sharing knowledge and expertise, introducing colleagues to one's clients and working across interpersonal barriers to pitch work and serve clients. For example, a U.K. firm might work with a U.S. firm to obtain evidence for a case being heard in U.K. adopting mechanisms like Hague Evidence Convention.

This type of collaboration makes it even easier to offer a wide range of comprehensive services and meet the diversified customer demands. Collaboration amongst lawyers can take several forms: lawyers coming together to form joint firms, or even bringing together different legal professionals specialising in complementary fields of law. For example, the International Criminal Courts (ICC) consist of legal professionals from around the globe who prosecute cases and defend clients under international law. Also, extradition treatises allows one country request surrender if an accused who is convicted of a crime in another country.

Finally, global collaboration amongst lawyers can also be enhanced by technological tools which enable lawyers work remotely and share document and information securely and efficiently.

6.0 SUMMARY

Summarily, the unifying nature of the legal profession is primarily based on shared ethical principles, a collective goal to uphold the rule of law, collaborative commitment to professional standards such as integrity, honesty, confidentiality, respectfulness and objectivity which aids in maintaining public trust. The legal profession is unifying because lawyers work together as officer of the courts to service justice, promote and protect the welfare of clients through representation of clients, drafting of documents and sharing information amongst themselves efficiently.

Like medicine, engineering and other profession, the legal profession operates a system of self-regulation granting autonomy in return for commitment, placing the public interest over their public gain. Hence, Lawyers are more interested in securing the ends of justice than satisfying their pockets and this is made possible through self-regulation and formal education. The shared professional community is also a unifying aspect in the legal profession as it provides the framework for collective support and actions.

Lawyers all over the world whether in corporate practice, private sector or government, shape the society collectively and through their expertise and advocacy influence the development of the society. The formal dress code, the shared lexicon, the familiarity of legal practices and the rigorous ethical codes all contribute to a collective community that is stronger than any individual or national differences.

7.0 BIBLIOGRAPHY

PRIMARY SOURCES (LEGISLATION)

A.V. Dicey, Introduction to the Study of the Law of the Constitution187(10th ed. 1959).

Bar Council of India Rules

Nigerian Rules of Professional Conduct for Legal Practitioners (RPC), 2023

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