* Lawyers are the only professional discipline that is sent
to schools to teach by NYSC — Sylvester Udems
Lecturer at the Nigerian Law School, Mr. Sylvester Udems, has
said that lawyers are the only professional discipline that is sent
to schools to teach by NYSC.
The senior lawyer made this statement during the panel session
with the topic, “The Future Of The Legal Profession &
Legal Practitioners” which was chaired by Chief Wole
Olanipekun SAN, OFR.
Mr. Sylvester Udems, suggested that the NBA president convene a
stakeholders’ meeting to discuss the Future of this profession.
According to him, we need to enlarge the space for employment for
legal practitioners.
“Policemen do the jobs of lawyers at the magistrate court, this
should not continue. The Local Governments do not have legal
departments, it should be created. Only about six states have Legal
departments in the entire country. We need to set it up in all
Local Governments in the country. They will help in doing the job
at the magistrate court.
“Lawyers are the only professional discipline that is sent to
schools to teach by NYSC, it needs to be looked into. What do we do
to solve the problem of clients meeting OPC, Police officers,
Soldiers, pay them 5% the fee they would have paid to a lawyer to
help recover a debt of like N500,000 that would take up to 12 years
if a court will handle it?” he asked.
Chief Anthony Idigbe, SAN, was quoted to have said that,
“reforms is key for continuous survival of our profession and
presently no clear regulatory objective set for the legal
profession for example, no term limits for judges so they become
life benchers.”
He noted that the General Council of the Bench have not met in
the last 20 years as the Attorney General, who is supposed to
coordinate them, is politically appointed and subject to his
principal or appointing institution. And that the NBA came up with
a new bill, The Legal Profession Regulation Bill which Key reforms
include to seek to repeal the Legal Practitioners Act and to
introduce clear regulatory authorities and principles. According to
him, they propose the establishment of The Legal Profession
Regulation Council of Nigeria, adding that the composition of the
Council is done in a way that it will guarantee its independence as
the legal practitioners will fund the Council.
He noted that the bill seeks to introduce a new privilege known
as the Certified Specialist, unlike SANs that are generalist; that
foreign firms cannot practice Nigerian law but foreign; provision
of licensing of individuals for legal services; that it seeks to
change the narrative of legal practitioners from being reactive to
proactive, from settling of litigations to prevention of
litigations.
He added that the bill will introduce committees such as: the
Body of Benchers Committee, Legal Aid and Welfare Committee,
Compliance & Enforcements Committee, Education Committee,
Privileges Committee, Young Lawyers Committee and a host of
others.
He emphasized that ideas should drive the reforms; that we all
need to cascade this reform with our political leaders, adding that
three years have gone in pushing for these reforms but will not be
deterred until success is achieved.
Fabian Ajogwu, SAN, on the other hand proposed the enforcement
of sanctions against lawyers and believes that the future of law is
self-regulation of our body. “We need to move from being defensive
to being pragmatic. Our legal profession is based on the apprentice
model and so we must look at the welfare of the apprentice – look
at reward systems,” he said.
Senator Ita Enang on the other hand said that there should be a
liberalization of the profession. He views Legislative practice as
an arm of the legal profession and so they need to be fully
involved in it even though not elected as legislators. He stressed
that we need to look at the different parts of the profession that
has emerged in facing the future while trying to regulate the
profession.
Chief Sholanke, SAN also urged the seniors to treat their
juniors equitably; pay them adequate salaries and also encourage
them to make Juniors enjoy public holidays.
“When they finish their days work, they should be allowed to go
home. Junior lawyers have a life to live apart from the law. NBA
should set up a permanent committee to take care of the welfare of
seniors and elders during conferences,” she said.
She encouraged lawyers to put up their best appearance and dress
appropriately and also urged the NBA to be technology savvy, and
recommended the continuous program for judges and lawyers to be
trained in technology.
During the Question and answer session, a SAN asked, how do we
deal with complexities and attitudinal problems we have in the
country. He observed that the National assembly needs to give
priorities to bills of this nature that will transform the face of
the legal profession for the better and the economy also. One Emeka
of NBA Abuja asked: How do we simplify the petition and hearing
process, as what we have now takes a whole lot of time.
Olufunmilola of Lagos Branch also said that Lawyers in the
corporate world that have done so much in that area, how can they
be recognized? One Mariam who practices in Port Harcourt then
asked: what is the NBA doing to stop other professions from taking
up legal services and reducing lawyer’s revenue?
Responding, Chief Anthony Idigbe, SAN, said that the model that
was adopted for the profession in the new bill is similar to the
ICAN model, self-regulatory and statutory model, that is, majority
of members will be from elections, appointed members will be
few.
“Regarding other profession taking the jobs of lawyers, we need
to adopt a system that will mandate other professions passing to
pass through lawyers when those services are carried out. Same is
done in Canada. Also review the curriculum of our law faculties in
the University and at the law school.
The bill also takes care of discipline by the NBA. Corporate
lawyers are to be recognized, which is why the certified specialist
was introduced,” he said.
Also the NBA President, Paul Usoro, SAN, said that the Body of
Benchers have been working on a similar bill also and recommended
that the Bill NBA came up with be harmonized with theirs. He agreed
to the fact that there are glitches in the Disciplinary measures
but said that NBA is in the process of reviewing and revamping
their own disciplinary process.
He stressed that the NBA will prepare a manual that shows the
steps needed to be taken in order to have a very transparent
disciplinary process and that the NBA will work towards presenting
a report on the progress made so far. Finally, he assured those
that had contributions to make but couldn’t to send him an email or
letter with their recommendation so he would look into it and see
how to incorporate it into the plan of the NBA.
Concluding, the chairman said that next time we will listen to
how far we have gone with the realization of the bill. He said that
we need to help the profession, both Seniors and Juniors. We must
from within regulate ourselves. He also appealed that the bill be
presented at the Bench meeting and Branch chairmen also present
same in their various chapters.
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