LEGAL PRINCIPLE: LEGAL PRACTITIONERS — Duties of Legal Practitioners — Counsel’s Conduct of Case Binding on Client
PRINCIPLE STATEMENT
Where counsel adopts a procedure for the prosecution of a case that he thinks would be advantageous to his client, and that procedure turns out negatively, he cannot be allowed to deny that approach. The client and counsel must be prepared to acknowledge whatever resulted from their plan and strategy.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Ibori v. Agbi & Ors (2004) NLC-972003(SC) at pp. 31–32; Paras E–B.
"It seems that where as in this case, counsel appearing for the party decided to adopt a procedure for the prosecution of the case of that party which he thought would be advantageous to that party, and that procedure turned out negatively, he cannot be allowed to deny that approach which he adopted of his own volition. The party he represented and the counsel must be prepared to acknowledge whatever resulted from their plan and strategy which they had conceived as a quick and convenient resolution of the dispute."
EXPLANATION / SCOPE
A client is bound by counsel’s strategic choices in conducting litigation. The principle applies to legal practice. Counsel’s procedural decisions are binding on the client. The rule prevents a client from disowning counsel’s strategy after an adverse outcome. The client cannot later change the agreed approach. The principle is well-established.