1.0 Introduction
To understand the web-based legal practitioner application system, it includes not merely the profession, which is practiced in courts but also covers law teaching, law research, administration in different branches where law plays a role and in fact, commercial and industrial employment and all other activities, which postulates and requires the use of legal knowledge and skill and which adopts legal process also fall within its scope. The wed based legal practitioner comprises all those who use technical legal knowledge through net in performing their various occupational roles. These will include such categories as practitioners of law and legal advisers, judges and magistrates, Area court Judges and Islamic Court Judges, academic lawyers and scholars, legal technicians (e.g. consultants) etc.
A legal practitioner is a person entitled to practice as a barrister (advocate) or as a barrister and solicitor. In Nigeria, every legal practitioner is a barrister and solicitors. For exam plc, an advocate practicing in a country whose legal system is similar to that of Nigeria may be permitted by the chief justice of Nigeria to practice as a barrister. The chief justice has no power to permit him to practices as a solicitor. Further more, a senior Advocate of Nigeria is not entitled to practice as a solicitor.
1.1 Statement Of Problem
The problem statement is mainly centralised on the existing method of wed-based legal practitioner application system. The information obtained on-line, shows that a legal practitioner is entitled to recover his charges by action in a court of competent jurisdiction. In General, before a legal practitioner brings such action, a bill for the charges containing particulars of the principal items included in the bill and signed by him, or in the case of a firm by one of the partners or in the name of the firm, must have been served on the client personally or left for him at his last address as known to the practitioner or sent by post addressed to the client at that address.
In addition, the period of one month beginning with the date of delivery of the bill must have expired. There are provisions in the legal practitioners for taxation of bills of charges delivered by legal practitioner to his clients.
The council is to be consulted by the Attorney-General of the federation before making regulations for the enrolment as legal practitioners in Nigeria, Court of Appeal Enugu as a case study, members of the legal profession in any other country on a reciprocal basis.
The Attorney − General of the federation is also required to hold consultations with the council before varying the rates of practicing fees specified.
1.2 Aims And Objectives
The web-based legal practitioner application system has an increasingly important role in a modern state not only in dispensation of justice but also in the formulation of a just legal order and in the preservation of an efficient juristic order.
The characteristics of the on-line legal practitioner such as independence, integrity, official administration of courts and administration of justice.
There is a roll of legal practitioners kept as a roll of court and maintained by the chief Registrar of the Supreme Court of Nigeria. In general, a person is entitled to be enrolled if and only if:
- He has been called to the bar by the body of Benchers; and
- He produces a certificate of his call to the Bar to the Chief Registrar of Supreme Court.
In general, persons whose names are on the roll of legal practitioners kept as a roll of court and maintained by the chief Register of the Supreme Court are entitled to practice as barristers and solicitors. However, the chief justice of Nigeria may, by warrant under his hand authorise a person, whose name is not on the roll, on payment to the Chief Registrar of the Supreme Court of such fee not exceeding 50 Naira as may be specified in the warrant, to practice as a barrister for the purpose of specified proceedings and of any appeal brought in connection with those proceedings.
The power of the chief justice to authorise a person to practise as a barrister under this provision is exercisable where:
- An application for permission to practise as a barrister is made to the chief justice by or on behalf of any person who is the opinion of the chief justice is entitled to practise as an advocate in any country where the legal system is similar to that of Nigeria; and
- The chief justice is of the opinion that it is expedient to permit the person to practice as a barrister for the purpose of proceedings with respect to which the application is brought.
Furthermore, a person for the time being exercising the functions of any of the following offices is entitled to practise as a barrister and solicitor for the purposes of the office:
- The office of the Attorney-General, solicitor-General or Director of public prosecutions of the federation or of a state; and
- Such offices in the public service of the federation or a state as the Attorney-General of the federation or of the state, as the may be.
1.3 Scope Of The Study
Reference could be made from different parts of the world about a case on-line. Considering the fact that information are displayed on the web because, some Judges and Lawyers could be able to make reference on how related cases are being handled.
For instance, somebody is having a case of murder in the court and you want to search, to know how the case was treated or how it was judged. As a lawyer, you may go on net, to search for a related case to the case you are handling and how it was treated, in order to know or for easy decision on your own cases.
1.4 Limitations
Although a person has been enrolled as a legal practitioner, his right to practise as a legal practitioner may be limited where:
- He is a senior Advocate of Nigeria; or
- He has not paid a practising fee: or
- He is a legal practitioner of less than seven years standing.
The rank of legal practitioners known as Senior Advocates of Nigeria is Equivalent to that of Queen’s Counsel which has been abolished in Nigeria. The Amendment provides that the legal practitioners privileges committee may by instrument confer the rank of senior advocate of Nigeria on a legal practitioner who has been qualified to practice as a legal practitioner is Nigeria for not less than 10 years and who has achieved distinction in the legal profession in such manner as the committee may from time to time determine.
1.5 Definition Of Terms
The Council:
This is established by the legal education, and is responsible for the legal education of persons seeking to become members of the legal profession.
The Chief Justice:
He is to autorise a person whose name is not on the roll, on payment to the Chief Registrar of the supreme court of such fee not exceeding 50 naira as may be specified in the warrant.
A Barrister:
His purpose is to specify proceedings and of any appeal brought in connection with those proceedings.
The Disciplinary Committee:
They consider and determines any case here it is alleged that a person whose name is on the roll of legal practitioner has misbehaved in his capacity as a legal practitioner or should for any other reason be the subject of proceedings.
Appeal Committee:
Hear appeals from any direction given by the disciplinary committee.
General Council of the Bar:
Prepares and from time to time, revising a statement as to the kind of conduct it considers to be infamous conduct in a professional respect.
A Lawyer:
A lawyer maintains a respectful attitude towards the court. He s trained and qualified to advice people about the law and represent them in a court of law.
The Judiciary:
He settles and decides controversies between he citizens inter se and between the state and the citizens.
The Nigerian Courts:
Are the supreme court of Nigeria, the court of Appeal, (and of recent a constitutional court); the federal High Court, a High Court of a state, a sharia Court of Appeals of a state; a customary court of Appeal of a state and such court as may be authorised by law to exercise jurisdiction on matters with respect to which the National Assembly or State House of Assembly (as the case may be) are authorised to make laws. A law court is a statutory place for proper interpretation of law to resolve disputes and conflict.
Judges:
They should indeed move in the direction of the jurisprudence of welfare and adopt a judicial approach that identifies the political, social and economic problems facing the country and using the law to provide solutions to these problems. They lead in the proceedings. He has the authority to decide on offenders.
Litigation:
This is a process of making or defending a claim in a court of law.
Appellant:
Is one who takes a case to the court. He is the complainant.
Respondent:
This is one who is defending in a claim; he is responding to the complaint.
Case list:
These are scheduling of cases to be heard by the court on the following day.
Appeal:
This can be a formal request to a court of law for a judgment to be passed on an issue.
Motion:
In a court, it is application to a court or judge for a ruling or order.
Proceedings:
This is an activity carried in a law court in a bid to settle a dispute.
The Registrar:
This is a person in the law court that makes entries in the file ie what happens in the court each day. He signs as the commissioner of oats, compile record or appeals, and access documents and certify them.
Clerk:
This can be a person in the court who is in charge of the records of the court.
Court Bailiff:
This is a person in the court that serve processes like messengers.
Case Book:
Is a book where all cases are recorded, details of each case like names of parties involved in the case, case number (charge number), the name of the high court where the case came from, etc. are recorded in this book-including writ of summon.
Writ of Summon:
Is like a form of details of the names of the litigants, the case number etc. it is served to the defendant letting him to know that he has a case and asking him to enter for an appearance.
…
