Professional Liability of Legal Practitioners in Real Estate Transactions in Lagos: Lessons from Recent Cases

The professional liability of lawyers engaged in real estate transactions is a growing area of legal practice and academic concern in Lagos, where property-related disputes routinely expose solicitors to negligence claims. This study examines the professional liability of legal practitioners in real estate transactions in Lagos, evaluating recent case law, disciplinary proceedings before the Legal Practitioners Disciplinary Committee, and the standards imposed by the Rules of Professional Conduct for Legal Practitioners 2007. Using a practitioner-focused methodology combining doctrinal analysis with interviews involving 25 senior real estate solicitors and 15 litigation practitioners in Lagos, the research evaluates the nature of duties owed by lawyers to clients and third parties in property transactions, the standard of care required in title searches and contract drafting, and the consequences of breach. Findings from 30 decided cases between 2018 and 2023 indicate that failures in title verification, inadequate mortgage due diligence, and errors in conveyancing documents are the most frequent sources of professional liability. The study further examines the professional indemnity insurance landscape for Nigerian lawyers, revealing significant gaps in coverage. Recommendations include the introduction of mandatory professional indemnity insurance, enhanced practical training in conveyancing for newly called lawyers, and the revision of professional conduct standards to address digital conveyancing practices. Keywords: professional liability, legal practitioners, real estate transactions, Lagos, conveyancing