Lawyer Claims Expenses After Discovering Garnishee Order Was Already Vacated
A client engaged a lawyer to remove a garnishee restriction on an account and agreed to pay a percentage of the funds once access was restored. The lawyer also provided a small amount for the client’s upkeep and travelled to the state where the case was filed, covering transport, hotel and feeding costs. The lawyer later obtained a Certified True Copy of the court order and discovered that the client’s former lawyer had already vacated the garnishee order about three months before the new engagement. The client confronted the lawyer after finding that the lawyer was not listed among the counsel involved in obtaining the order. The lawyer has now abandoned the demand for a percentage and professional fees but is asking to be reimbursed for travel and accommodation expenses. The client says payment can only be made after the bank releases the funds, as the account remains restricted following a police report and a post-no-debit instruction. What is the proper legal and ethical position, especially regarding the police pressure on the client to pay these expenses?
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