Online Reference:
http://www.sunnewsonline.com/webpages/columnists/bar/bar-jan-19-2007.htm
Life in the Bar
Ekechukwu M. Chioma
Lawyers call themselves learned friends, but they behave like adversaries
BackgroundMy name is Adesina Ogunlana. I am 43 years old. I am married. I attended two universities, University of Ife, where I studied English in 1985 and Lagos State University, where I studied Law in 1995. I was called to the Nigerian Bar in 1996. Since then, I have been in active practice in Lagos State.
Why LawI was made to study Law by a lady. I was a teacher then and I took my students to a debate and we came first. I was in Kano State then. After the competition, a female teacher just walked up to me and said: ‘What are you doing being a teacher? If you could speak so well like this, you will make a good lawyer. I decided to take up the challenge to study Law. That was how I became a lawyer.
Role model in the professionI admire Chief Gani Fawehinmi for his courage. I also admire Chief G.O.K Ajayi for his competence and firmness; Mr. Lawal Pedro who is the director of civil litigation at the Ministry of Justice, Alausa, Lagos State. I also appreciate all those lawyers who have contributed positively to the development of our legal system.
Areas of specialization
Most lawyers in Nigeria are general practitioners. I am a general practitioner, like most of my colleagues, but I can say that I have bias for criminal law, employment law. People call me a criminal defence lawyer because I handle many criminal matters. I also handle contract cases.
What I treasure most as a lawyerI treasure my knowledge of the law and the respect that other members of the society have for lawyers. People respect lawyers. Wherever you go to, as a lawyer, you are looked upon as somebody who is wise. Even in your family, they want to hear the lawyer’s opinion. It doesn’t matter whether you are young or not. I also appreciate the fact that as a lawyer, you know your right and you know what to do at any given time. I equally treasure my books and I also treasure honesty because that is what gives you a good name as a lawyer. If you are not honest, people cannot trust you. So, it pays to be honest not only because you are a lawyer but in whatever field of human endeavour you find yourself.
PartnershipPartnership is the coming together of two or more persons with a common objective of making profit. Lawyers coming together to form partnership is ideal, but in Nigeria, partnership in law practice does not flourish because so many factors work against it. Currently, I am not into any partnership. As much as it is desirable, it is not easy because a partnership is like marriage. Of course, when you look at the good aspect of partnership, such as increased versatility, mutual assistance and heightened competence, one will say partnership is good, but then because money is involved you must have core values with your partners. when you form a partnership, the families of the partners become like one and all these can bring complications. Partnership is good if it can work. It can create a good atmosphere for tolerance, leadership development and communication.
Lawyers and liesYes I believe that most lawyers are liars like most Nigerians are liars, they are big time liars without conscience.
Standard of legal education in NigeriaJust like the standard of education in Nigeria is falling, that of legal education is also. The problem is that most people who enter universities now did ‘jankara.’ Some of them didn’t pass JAMB and WASC examinations. Also the quality of lecturers has diminished. We now have lecturers who do not even speak good English. So, when you have situations like that what do you expect from the students. Also, the attitude of law students to dressing and ethics is poor. For us to have a dynamic legal education, all hands must be on deck. The lecturers in our universities should be empowered. Chambers should also endeavour to send lawyers to conferences, seminars and workshops. Learning should not end at the Law School.
A day in the life of a lawyerLife of a lawyer is a busy one. A day in the life of a lawyer is full of activities. For a lawyer, who is in active practice, you go to court in the morning to conduct your case after which you return to your office to attend to clients and other issues. For those of us who combine our practice with journalism, it is hectic because you have to go the extra mile to ensure that you satisfy your clients and also your esteemed readers.
Challenges on managing a law firmManaging a law firm, just as any other business is a systematic application of potentialities and skills of both the lawyer and the support staff go reach the optimal goal. The challenges of managing a law firm are great. Capital is usually the biggest challenge and once you overcome it, the next is how to organize your business to enable you employ good workforce, and consequently increase productivity, thereby maximizing profit. A law firm must be ready to acquire the best technological facilities that increase output. This is because the era of using obsolete technology is gone. We are in the era of competition and branding. A law firm must equip itself with modern facilities.
Assessment of the judiciaryAt the peak, the judiciary is okay (Court of Appeal, Supreme Court) but at the high court level, I will just say 60 percent. We have judges who are ignorant. We have judges who are timid and we have judges who are lazy. We also have judges who are brilliant, sound and are industrious. At the magistrate court level, corruption is prevalent. At the lower level of the judiciary, it is not really laudable, but at the higher level, it is good.
Temptations at the BarMost of my clients are ancient women, so I am not tempted. I have not seen anybody, not even the junior colleagues can tempt me. The truth is that most people see me as fearsome. So, to that extent, I can say that I have not been tempted, at least, not yet.
Friendship at the BarThat is a big concept that most people don’t understand. Friendship at the Bar is a big concept that many people find difficult to understand. When you say you are my learned friend, there is jurisprudence behind it. Even though we represent different sides of an argument, what makes us friends is because we are serving one end and that end is to see that justice is done. If you are in pursuit of justice and I am in pursuit of justice and really I see myself as your comrade, most of the problems we are having in cases could be eliminated. What we see rather is that lawyers call themselves learned friends but they behave like adversaries. As learned friends, they are supposed to pursue one end and that is justice. Lawyers, as a matter of necessity, must cross one another’s path in the law court. This is not unexpected. What is unexpected is making the matter personal. Courtroom battles should not go beyond the courtroom. I am of the opinion that lawyers should approach cases more like sports people. Do your utmost and put up a sound argument in defence of your client and be ready to accept the outcome at the courtroom, as far as you wish to go. Thereafter, a hand shake with your learned opponent should follow.
Squib magazine and meIt is glamorous being known as magazine publisher, but it is not glamorous to my pocket at all. It is tough because cost of production is always rising and because of the radical blend of the medium, we don’t seem to attract adverts. Squib enjoys wide readership, but patronage is law. The only thing is that we find it much easier to get reports and stories. People have come to trust us. They send in information. They know that we have courage. To that extent, it is okay and we intend to continue. Squib magazine was born as a rebellion against corruption in the Lagos State Judiciary.
When I started practicing, Lagos State Judiciary was very corrupt right from the lowest clerk to the judges. We lawyers are victims of extortion. They collect money from the bailiff section, they collect money, left, right and centre and I was not comfortable with that. Many people compromised and I told them I was going to fight it. Many of the judges were lazy and I decided to expose them, using the platform of the Press because then it appeared the Nigerian Bar Association had compromised. Initially, I was afraid, but I was more interested in publishing it. People say I am fearless. That is a lie because I fear as any other Nigerian. Notwithstanding anything to the contrary, I will not stop publishing Squib.
Continuing legal education for lawyersI support continuing legal education for lawyers because it enables us to sharpen our skills. It keeps lawyers abreast of the law and also refreshes our knowledge of the law. Lawyers should know that learning does not end at the Law School and that the law develops everyday. There is need to constantly sharpen our legal skills, hence the need for continuing legal education. A lawyer must constantly keep the letters of the Law on his lips. Law is a dynamic profession and its practitioners must keep pace with it or be left behind.
Pupilage in legal practiceI support pupilage because it is a good thing. Occasionally, you find lawyers who did not serve under people and they do well, but then it is not the best. You must be extraordinarily resourceful and brilliant for you to survive like that. Usually, you get people to lead you, teach you and show you the ropes so that you can climb. Every profession has its little tricks, which are not taught in schools. You can only learn this by watching the masters at work. This is why pupilage is necessary.
The Nigerian Bar AssociationThe future is bright and colourful. If visionary leaders, people of integrity and committed men hold offices, the future is great because lawyers are crucial to the development of Nigeria.
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