Who is a rainmaker-lawyer? What do big corporations consider when hiring external counsel? What is the place of technology in legal practice? These and more were discussed at the Nigerian Bar Association (NBA), Lagos Branch Law Week technical sessions. JOSEPH JIBUEZE reports.
Lawyers describe themselves as “learned”, but are they better educated than others? No, says Lagos State Attorney-General and Commissioner for Justice Adeniji Kazeem.
Being “learned”, he said, means being able to evolve and “adapt” to changes.
“As lawyers, we’re not called learned because of our old wigs and aging gowns, or because we’re the only ones who have passed through the four walls of a university, but because of our adaptability – ability to learn, re-learn, and if necessary unlearn,” he said.
Lawyers, Kazeem said, must continuously re-invent themselves to remain “learned” or be left behind.
He was one of the speakers at the technical sessions of the Nigerian Bar Association (NBA), Lagos Branch 2018 Law Week, with the theme: Human capital and the legal profession in the 21st century.
The law week featured a health walk, visit to the prisons, a welcome cocktail, health checks and a closing party. But the highlight was the two-day technical sessions which held at the City Hall.
The sub-themes were: Client’s expectations in the 21st century, Technology and innovation, The 21st century young lawyer, A dialogue with judges on labour issues, The Rainmaker lawyer, Taxation, and Health, work and life balance.
To Kazeem, lawyers cannot be described as “learned” if they persist with old ideas. They must continue to learn best practices, including being technologically-savvy, he said.
Kazeem was of the view that while technology had become crucial to successful legal practice, lawyers must continue to develop themselves.
He said: “We need to continue to build and invest in ourselves to ensure we’re prepared to manage and deliver to our clients in the most modern way rather than being apprehensive of the new wave of technology.
“The truth is that if we refuse to keep pace with international practices and what is obtainable the world over, the world will sadly leave us behind.”
Kazeem urged lawyers to never stop learning; adding that the NBA needs to organise more training on contemporary issues.
His words: “For senior lawyers, invest in your juniors. That may be the best legacy you will leave. For junior colleagues, never stop learning and invest in yourself.
“An American entrepreneur and philanthropist Bob Parsons captured it better when he said: ‘Never stop investing, never stop improving, and never stop doing something new.’”
‘Courts to go digital’
Chief Judge of Lagos, Justice Opeyemi Oke, represented by Justice Adeniyi Onigbanjo, said filing of processes would soon be done electronically.
“We appreciate the fact that such changes may not be convenient bearing in mind that most of us are used to the traditional modes of practicing law, but as the theme of the law week conveys, the world is moving at a very fact pace and we cannot afford to be left behind. So, it behooves on all of us – the bar and the Bench – to move in line with contemporary trends.
“Within the Lagos State judiciary, we are initiating an ICT platform for the filing of processes at the high court on an e-platform, in which case we’re trying to go paperless in the nearest future, but for now we have started the process,” Justice Oke said.
‘Skills lawyers need’
The keynote speaker, Lagos Court of Arbitration President Yemi Candide-Johnson (SAN) said the world was in the throes of a fourth industrial revolution characterised by a fusion of technologies and unprecedented upheavals, including in the legal profession.
A 21st century law practice, Candide-Johnson said, must not only make good use of technology, but must be market oriented, client focused, and dedicated to their people.
“People, a law firm’s intellectual capital, will be the firm’s most important asset and a key component of the firm’s overall strategy and competitive advantage,” he said.
Quoting a law blogger, Jordan Furlong, the SAN said lawyers must possess analytical ability, attention to detail, logical reasoning, persuasiveness, sound judgment and writing ability.
“While these skills remain necessary, they’re no longer sufficient: they constitute only half of the set necessary to practise law competently, effectively and competitively,” he said.
He said today’s lawyers must have collaboration skills – ability to function in a multi-party work environment.
“Lawyers who collaborate well possess the ability to identify and bring out the best others have to offer, to submerge their own positions and egos where necessary, in order to reach the optimal client outcome.
“Collaborative lawyers trust the wisdom of the group; lone wolves and isolationists don’t do any good anymore,” he said.
Another necessary skill, he said, is emotional intelligence.
“Clients need our empathy, perspective and personal connection to feel whole and satisfied; colleagues need our engagement, respect and understanding; everyone needs us to listen better than we do.
“Distant, detached lawyers are relics of the 20th century – the market no longer wants a lawyer who’s only half a person,” Candide-Johnson said.
Financial literacy, project management ability, technological affinity and time management proficiency are other needed skills for lawyers, he said.
On the need for lawyers to be financially literate, the SAN said: “There is no excuse for lawyers to be clueless about money: running a business, balancing a ledger, understanding tax principles, working with statistics, calculating profit margins, even explaining the rationale behind their fees.
“Every client and every case involves money in some way, and every lawyer in private practice is running a business of one size or another. Financial literacy is essential.”
On technological affinity, he said: “Lawyers have grown accustomed to going unchallenged on their technological backwardness, and even tech-savvy new lawyers eventually succumb to firms’ glacial pace of tech adaptation.
“The fact, however, is that technological affinity is a core competence of lawyering. If you can’t effectively and efficiently use email, the Internet, and mobile telephony, you might as well just stay home.
“And if you don’t care to learn about RSS, instant messaging, Adobe Acrobat and the like, clients and colleagues will pass you by.”
On time management, Candide-Johnson said some lawyers are unable to prioritise their tasks and manage their time, adding that amazingly, “many are still compensated not by the tasks they accomplish but by how long they take to do them”.
“Lawyers who won’t or can’t learn to manage their time will burn out or get fired first,” he said.
‘Clients’ expectations’
The session on Client’s expectation in the 21st century featured Citibank Nigeria Ltd Country counsel/ company secretary Mrs Sola Fagbure, MTN Nigeria Legal/General Counsel Mrs Ifeoma Utah, Nigerian Stock Exchange Executive Director, Regulation Ms. Tinu Awe and Oando Plc Chief Legal Officer Mrs Ngozi Okonkwo.
The moderator Mr Babajide Ogundipe sought to know what they looked out for in hiring external counsel for their organisations.
Ms Awe said they consider the firm’s reputation and skill of counsel, how time-conscious they are and ability to operate within time-lines, and the lawyer’s understanding of the business. For instance, she said some do not know that the Exchange is a private entity.
Mrs Fagbure said her Citibank considers the quality of work done by the law firm, whether the firm has a number of people specialising in the needed area, and the firm’s trustworthiness. “Can we entrust our secrets to them?” she asked.
Mrs Okonkwo said her company considers the composition of the team and track-record, and whether the partners understand Oando’s expectations. They also consider potential conflicts of interest.
According to her, the nature of the legal service determines the kind of law firm that is hired, as certain jobs may be given to smaller firms which can execute them effectively rather than “tier-one” firms.
She, however, admitted that some small firms “are not competent”. She advised such firms to develop expertise in a few areas and to form a small team of specialists so that they do not have to depend on their principal.
On negative experiences encountered, the panelists highlighted issues of lawyers not abiding by or delivering on agreed timelines, consistent violations of terms of engagement and arrogance of some senior lawyers who feel too big to come down to the level of the legal department probably because they know someone more highly placed.
Some lawyers, they said, fail to report negative developments, such as when cost is awarded, while some senior counsel do not monitoring what junior lawyers in their teams do when asked to handle cases, even as some counsel are rude.
The rainmaker lawyer
The session on The rainmaker lawyer featured chairman of Aluko & Oyebode, Mr Gbenga Oyebode, founding partner at Banwo & Ighodalo Mr Asue Ighodalo, head of Stephenson Harwood’s Africa and India groups Kamal Shah, Managing Partner at Paul Usoro& Co Mrs Mfon Usoro and a partner at Aelex, Mrs Funke Adekoya (SAN), who moderated.
Oyebode said the secret of rainmaking was hardwork. He said the likes of Aare Afe Babalola, Chris Ogunbanjo and Chief Wole Olanipekun built their practices based on hardwork and industry.
“They didn’t spend time at parties. They tried to be the best they can be. Rainmaking is all about excelling at what you do, and that attracts clients,” he said.
Shah agreed, saying that behind every successful rainmaking is a lot of hardwork being put in. He advised lawyer to treat clients as friends, to be sincere in their approach, and to have face to face interactions as much as possible.
He urged principals to empower their juniors, saying: “My associates have full access to my database.”
Mrs Usoro urged lawyers to carve a niche for themselves, emphasising that specialisation was very important. “I went back to school to specialise,” she said.
It is also important for lawyers to expand their network, she said. According to her, there was nothing wrong with sending a birthday greeting to a potential client or availing a target company with updates on legal developments.
She urged lawyers to “drive away inhibitions” and to explore mentoring relationships. She also spoke against undercutting colleagues, saying lawyers must stand by their principles and opinions even if it means losing a client.
To female lawyers, she said: “We must stand up against sexual harassment.” She advised them to make themselves relevant in their firms by being willing to accept assignments. “Put yourself forward. Project yourself and demonstrate to your firm that you’re a good investment,” she said.
Ighodalo said lawyers must be conscious of their appearance, adding that looking good does not mean appearing in expensive clothing. He said being confident would enable a lawyer to be noticed. “How do you converse? Do you sit where nobody notices you?”
He urged lawyers to get information about potential deals from newspapers and to follow up. “You need to observe, be alert and be ready for opportunities. The market is huge. There’s enough for all of us. If you’re confident, you can command what you earn. Come as a package,” he said.
Ighodalo urged women lawyers to be professional, and choose mates who understand their passion for law. On sexual harassment, he advised: “integrity first. Don’t take rubbish from anybody.”
He called for an amendment of the Legal Practitioners Act, which he described as “old and archaic”.
Mrs Adekoya said lawyers can also market themselves by writing articles on their areas of specialisation, and by speaking at conferences.
“If you’re not visible, you’re invisible,” she said.
‘Pass legal regulation bill’
Lagos Branch chairman Mr Chukwuka Ikwuazom said some provisions of the Legal Profession Regulation Bill pending before the National Assembly would address some of the human capital challenges faced by the profession.
“We hope that the more controversial provisions in the Bill will not unduly delays its passage,” he said.
On why the theme, Ikwuazom said: “No doubt, the successful practice of law in the 21st century requires substantially different skills then were needed in the last century.
“Any serious association of lawyers must therefore be focused on how to help its members develop and acquire theses skills.”
A judge’s advice
A judge of the National Industrial Court, Bakwaph Kanyip, urged lawyers to prepare their claims carefully, as according to him, “cases are won and lost on pleadings”.
He said he once decided a case in which someone was sacked because he had tattoos. He had to go the extra mile because the lawyer did not do enough.
“I had to go out of my way to find out how the international community treats the issue of employment termination on the basis of tattoo,” he said.
Justice Kanyip called for a law dealing with redundancy, saying there was currently none in Nigeria.
He denied that the industrial court was pro-employees, saying decided cases shows that the court was always fair.
Justice Nelson Ogbuanya noted that some matters which are litigated at high courts, such as issues of pension, public officers’ salaries and emoluments, were within the NIC jurisdiction.
