Shaping the future of the Legal Profession
“… The current regulatory framework underpinning the legal profession in Nigeria is obsolete and cannot address emerging trends and challenges in the legal services industry…” - A.B Mahmoud, SAN
On the 24th of January, 2017, the President of the Nigerian Bar Association, Abubakar Balarabe Mahmoud, SAN, inaugurated a Legal Profession Regulatory Review Committee. Bullets from their terms of reference include: To review the regulatory architecture of the legal profession; To determine whether the NBA can retain both its regulatory and representative functions; To review the role of the Body of Benchers, the General Council of the Bar, the Council of Legal Profession, the Supreme Court of Nigeria and the NBA in the regulation of the legal profession; To determine the current composition of the Body of Benchers; To review the current standards for admission into the Nigerian Bar, and recommend changes, etc. (To view full details of the committee’s term of reference, please visit www.nigerianbar. org.ng)
In line with the above, Professor Ernest Ojukwu, SAN, sent out a circular to all learned colleagues urging us to get involved in shaping the future of the legal profession, by sending suggestions or memorandum to the committee.
If you ask me, the adult universal suffrage of voting introduced to the profession, has empowered any lawyer who has complied with payment of practicing fees, and branch dues, avails a lawyer the benefit to exercise his or her franchise by taking part in determining how the operation and regulation of our association should be.
The idea of the regulatory review committee has sparked divergent reactions from colleagues, some in support of the committee, while others are opposed to the idea (beauty of democracy).
To Abdulrasheed Olaide Usman Esq in Voices of Law Street on the maiden edition of The Young Wig “… A regulatory committee for law firms will defeat the role of the body of benchers as the original regulator of the profession and role of NBA as member’s interest promotion unit of the profession. Am not against wages and licenses but it should be done by the body of benchers and NBA…”
To the NBA Kaduna Branch Chairman, Ndasule Sheriff, Esq, “I am of the considered opinion that the Legal Practitioners Act and Rules of Professional Conduct are enough regulation. They are enactments and rules made to regulate the conduct of legal practitioners in Nigeria. Do not forget that this is in consonance with the legal position that it is the individual that is called to Bar, and not the firm. The juristic personality is therefore the individual and not the law firm…”
Alberg A. Amai, Esq a member of the Unity Bar says, “In my humble opinion it is a good thing for law firms to be given licence before they operate, it will check the quality of legal practice, weed out the quacks in the legal environment, and set a standard for legal practice and how it should be done to enable us compete with our counterparts in advanced countries.”
To this writer, the current situation of the country is as a result of Nigerians being satisfied with the norm, scared of trying new things. The ‘Whiteman’ on the other hand is adventurous, looking for new ways to make life easy for him and his immediate environment thereby leading to advancements on a daily basis.
We should not be scared of change, one thing is certain and as rightly pointed out by the President of the NBA, the current legal framework of the profession cannot handle the reality on ground, meaning, there is need for change in the framework of the legal profession. Let us not forget however, that meaningful change can only happen when all hands are on deck to shape the future of the legal profession.
At the pace the Nigerian legal industry is moving, and the influx of young lawyers into the profession yearly, law firms need to be institutionalised to protect the sanctity of the profession. The legal profession is losing the confidence of the public because our outlook is poor, and not befitting of a gentleman who has spent six or so years to be called to the Nigerian Bar. Therefore, there should be minimum benchmark wage for lawyers under the employ of non-lawyers; law firms should provide contract of service for employees under their employ. There should be minimum wage for legal practitioners, and law firms ought to fulfill certain laid down requirements before allowed to operate. ‘Change is not an enemy.’ Do send your comment{s}, observation{s} and recommendation{s} to danielbulusson@gmail.com or like us on www.facebook.com/ younglawyerscolumn