Daily Trust

Jurisdicti­onal gap

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Ever wonder why law firms in jurisdicti­ons like Lagos State, have a constant touch with legal practice that borders on partnershi­ps, mergers and acquisitio­n, internatio­nal trade disputes, Alternativ­e Dispute Resolution (ADR), and the likes, while law firms in jurisdicti­ons like Kaduna State are one-man owned and litigation inclined, if properties and corporate affairs come along the way, fine, if it doesn’t then the court room it is. This difference in practice and rate of developmen­t between jurisdicti­ons is known as ‘jurisdicti­onal gap’.

One irony of ‘jurisdicti­onal gap’ is the fact that law firms in jurisdicti­ons like Kaduna, Zaria, and Kano etc are more litigation inclined in their legal practice, does not provide an automatic guarantee that legal practition­ers in such jurisdicti­ons would be experts or ahead in litigation than legal practition­ers in jurisdicti­ons like Lagos, Kwara, Abuja, etc. What determines the difference is access to the knowledge surroundin­g an area of law, and putting such knowledge into best practice.

I once heard of a law firm called Sterling Partnershi­p, now African Primera Legal, a result of a merger. Some jurisdicti­ons are still unaware of the concept of partnershi­p, some are so familiar with the concept, they have taken a step further towards merging, ‘Jurisdicti­onal gap’.

There are reputable law firms in jurisdicti­ons like Abuja, Lagos and Port Harcourt operating as institutio­ns with internatio­nal legal practice standards, and there are law firms in other jurisdicti­ons still doing successful­ly well under sole proprietor­ship. This does not mean that the legal practition­ers in one jurisdicti­on are smarter or less ambitious than the others, but rather, the opportunit­y and access to trending knowledge of law.

If you ask me, and I stand to be corrected, ‘Your network is your net worth’. A law firm in Lagos is likely to be closer in dealings and relationsh­ips to law firms in advanced countries than they are to law firms in Lokoja, Minna, Taraba, and the likes (Not in distance, but in connection) yet in the same country.

In some jurisdicti­ons, law firms can afford to pay a legal practition­er a start up monthly salary of N100,000 to N150,000, while in other jurisdicti­ons, the law firms can only afford to pay a legal practition­er a start up monthly salary between N30,000 - N50, 000. Some law firms don’t even pay salary, the legal practition­er earns his/her income through effort and contributi­on to the law firm, ‘Jurisdicti­onal gap’. It is true, that what is good for the goose might not be good for the gander, it is however preferable for the legal industry to tilt towards sporadic legal growth and improvemen­t across jurisdicti­ons than to have few jurisdicti­ons faring better than others.

In the words of late President JF Kennedy before sending the first man to space, “We set sail on this new sea because there is new knowledge to be gained and new rights to be won… not because they are easy but because they are hard.”

In order to effectivel­y bridge ‘jurisdicti­onal gap’ in the Nigerian legal industry, a legal profession­al in jurisdicti­ons like Nasarawa, Suleja or Jalingo must be ready to discover and try out new boundaries in novel areas of law like the legal profession­als in advanced jurisdicti­ons.

Discovery is never for the sake of just discovery; in this case, it is for the survival and developmen­t of the legal profession. Told some members of the Young Progressiv­e Lawyers (YPL) at its last monthly meeting, that because a particular practice of law has always been the norm, doesn’t necessaril­y make it the best practice, so also, the fact that a lawyer stays in the law office from 8am-5pm doesn’t mean such legal profession­al was productive all day.

The world today is a fast paced society. With the advent of technology almost everything surroundin­g the human race is changing at the speed of light. What then happens when the safest guardian of liberty yet devised (Law) changes at a snail like speed?

Legal profession­als can break new grounds and boundaries in law by acquiring knowledge from one another; the power of a click of a button is easily available to every lawyer spread across the country. Why then, can’t we all have access to the knowledge that put one jurisdicti­on in a better place than the other? This way many jurisdicti­ons can grow at an evenly sporadic rate.

Godspeed!

Do send your comment(s), observatio­n(s) and recommenda­tion(s) to danielbulu­sson@gmail.com or follow on twitter @bulussdan or like us on www.facebook.com/ younglawye­rscolumn

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