‘Law is for Mature Minds’
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I am Austin J. Otah, Notary, LL.B, MA a dually qualified legal practitioner and Chief Consulting Officer of Esquires’ Legal, an international based legal consultancy; Associate of the Chartered Institute of Arbitrators, International Bar Association and the Law Society UK. I was called to the Nigerian Bar in 1990. I obtained an LL.M from the London Guildhall University, UK, with a bias in international trade, banking and commerce and international arbitration. I was enrolled as a Solicitor of the Supreme Court of England and Wales in 1999, and eventually became Senior/Executive Partner of Messrs Austin & Jed Solicitors, UK before I relocated to Nigeria.
My areas of practice include, legal drafting, company secretarial services, mediation/negotiations/ADR, sports law, maritime/admiralty law, general litigation, law of the Internet, immigration law, conveyancing & real estate, energy/power, consumer protection/competition & antitrust law and international commercial law.
Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges?
My major challenges have been two-fold: Attracting quality briefs consistently, and persuading clients to appreciate the unique services of the Legal Practitioner. Too many clients do not really appreciate the value of
Lawyers, and this, sadly, reflects in the manner in which clients’ generally treat ‘perfection of their briefs’. It can be quite numbing when the Lawyer puts in quality work, only not to receive his due remittance for one reason or the other. It is fundamentally, a systemic failing. Until the laws and regulations governing legal fees/briefs are perhaps codified with executable sanctions, this ‘abuse’ of legal services may yet go unchecked, for some time still to come. It can be a bit of a challenge.
What was your worst day as a Lawyer?
One that sticks in my memory, was the case of a lady who was appealing against a decision from the District/ Magistrates’ court. The judgement creditor had surreptitiously taken steps to take the client’s motor vehicle as security for the debt which was on appeal, and there was a delay in setting up the High Court appeal panel. Whilst battling to retrieve the said vehicle, the matter finally came for the initial hearing. It had taken about 10 months and painstaking work, preparing for the Appeal. The matter was for mention, and to be set down for hearing. For reasons best known to the Judges Panel of two, they chose to misunderstand my representations on behalf of the client who was present in court, and they struck out my appeal. The Client was owing fees, unhappy that her vehicle had been seized, and that we had not been able to secure its release even though we had made several applications and were awaiting the Ruling on those applications, and then I had this nightmarish experience with their Lordships. Suffice to say, we lost the brief and were not paid.
What was your most memorable experience as a Lawyer?
There have been so many. My Practice has been varied and international, having practiced both in Nigeria and in England and Wales. I remember years ago, when a client in London was facing atrocious racial abuse, in the Council block in which she had a flat with her sister. She had complained to the local authority council, and documented incidents. This had gone on for about two or so years. It was really horrible. We were briefed to see if we could have the matter resolved, and the client protected. It went better than planned. At first, I got a lot of resentment from the local authority staff. They were rather unprofessional, and in our oral conversations over the telephone, were not quite willing to assist.
So, we wrote to the Council. In our letter we gave a breakdown of the law, the Council regulations and how they had failed to deliver on their mandate to our client. We then notified them of our options, the gravitas of their failure, and the most likely implications when we were through with our official complaint and action against the Council. We copied not just the manager of the local authority, but the Ombudsman and other Bodies that we felt should be aware of the alarming racial abuse. The effect was salutary and amazing. The Client was not only resettled in an entirely new borough, but given a town house – not a council flat. It is like a civil servant who had been offered a one bedroom flat in a Jakande housing unit in Mile 2, being moved to a duplex in Apapa GRA! It was a pro bono job, but the joy and the relief of the client remains an evergreen memory, and it is these sort of things that make my decision to become a Lawyer worthwhile.
Back home in Nigeria, winning cases especially at the Supreme Court or in fact in any Court, leaves me with great satisfaction. We recently won a land/property/estate case, which had been going on since 1977/78. It started in the High Court in Lagos, and was finally resolved in favour of our clients who were the beneficiaries of their late father’s Estate, but which said Estate had been in the hands of their uncles, since they were children. Suffice to say, they suffered serious neglect and lived in poverty, whilst their father owned properties across Ikeja and other choice areas of Lagos! Heartrending story, but God Gave us victory.
Who has been most influential in your life?
Late Chief Bayo Kehinde SAN, my dad’s Lawyer, and with whose Practice I first came into contact with legal practice whilst an 18 year old 2nd year law student. His brilliant Team included two other mentors, Late Oku Asuquo, Esq. and now one of the foremost Maritime Law Lawyers in the Country today, Mrs. Jean Chiazor- Anishere. They taught me the law. Of course, since then many have had an impact, such as the late B A Ibironke, SAN, who was the DG of the Nigerian Law School during my time [1989/1990]; my lecturers such as the Late C. Adubi Esq and the quintessential gentleman Kole Abayomi, SAN. The influence of many powerful personalities such as Lord Denning, Lord Glanville Williams, as well as Nigerian icons such as, FRA Williams SAN (Timi the Law), Taiwo and especially Kehinde Sofola, SANs, Femi Falana, SAN, whose bushy beard I admired from afar back in those late 80s and early 90s.
Why did you become a Lawyer?
Well, it was a toss up really. I had wanted to be an Engineer, because I was very good at Math. But by age 13 and in my 3rd Form, I realised I was naturally adept at the Arts subjects, and that gave me only two career paths: journalism and law. I knew I could indulge in my love for media/arts/journalism as a Lawyer, but I could not practice Law if I was only a journalist, so the choice was easy for me. I saw a lot of injustice, pain and suffering, and I wanted to be a part of that crusade that would bring social justice, proactive change, and laws that would simply improve the wellbeing of mankind.
What would be your advice to anyone wanting a career in Law?
Identify why you want to read Law. You must identify your personal niche, and come to terms with your decision as to why you have decided to become a Lawyer. If you have not done so, stop now. Get a notepad and start writing: ‘Why I decided I want to become a Lawyer: 1...’ This is fundamental, as it will sustain the budding student through thick and thin. Left to me, I would even suggest that Law should not be taken as a first degree. At least budding Lawyers should study for a Diploma or other degree, such as History or Philosophy etc before studying Law, or at least go to a polytechnic and get a Diploma for two years before embarking on the study of Law. Law is for mature minds.
If you had not become a Lawyer, what career would you have chosen?
As I stated earlier I probably would have been a Journalist, or been involved in human resource management or public administration. Where do you see yourself in ten years? Well, at the zenith of my career: financially independent and secure, with the Practice ably settled; and consulting and giving back to society in many areas of Community Endeavour; making a real significant quality contribution in and to my profession.