The FAMA Firm webinar on “Contemporary Issues Facing The Welfare Of Young Lawyers in Nigeria & Possible Solutions” was held on 18th day of July, 2020 and moderated by Zainab Muhammad Bello, Esq., with Professor Suzanne Rab, Mr. Sylvester Udemezue, Mr. Samuel Tobi Adebowale as speakers.
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Meanwhile, the speakers gave impressive insights into the challenges rocking young Lawyers both from Nigeria and international perspectives and further suggested way forwards.
Mr. Sylvester enjoined that young Lawyers should shun materialism in their early days of practice but should focus on career development and put it first. He proposed that there should be a continuing legal education for young Lawyers focused on career development. Also, he stated that there is a need for legal re-orientation of young Lawyers in many aspects. Besides, he recommended that there is a need for a continuous review of the curriculum in order to reflect the current reality, stating that Nigerian Law School have put such in place while stressing the adoption o same at University level being the starting point.
Similarly, he started that young Lawyers need to join hands for the emergence of right leadership of the NBA while also noting that young Lawyers should have it at the back of their minds to focus on preparing themselves on how to be independent rather than depending on being fed by others and further stated that young Lawyers are being seriously exploited.
Professor Suzanne Rab while discussing on the topic “The Importance of Lawyer Regulation in International Legal Services”. She noted that the objective is targeted at sharing her 20 years of practice experience in various capacities, but not to make a blueprint of generalization. Meanwhile, she stated that the “legal framework for economic development in an ideal form consists of competent, ethical, and well-paid professional judges who administer rules that are well designed for the promotion of commercial activity…They are advised by competent, ethical and well-paid lawyers.”
However, she posed three questions that should guide the entire discussions thus:
- What is the relationship, if any, between the quality of a legal system and economic performance?
- What is the relationship, if any, between the quality of lawyers and economic performance
- What attributes distinguish lawyers from other professionals?
Thus, while speaking on the legal system and economy, she stated that “a substantial body of economic analysis and evidence suggests that well functioning legal systems contribute to, and facilitate economic performance”. Besides, she stated that economic analysis has emphasized the importance of the rule of law to economic performance and growth.
Furthermore, she emphasized on the role lawyers must play in charting the development of a legal system, stating that “lawyers need to be adequately trained and resourced to perform the tasks required of them”. Also, “it should not be assumed that some regulation of lawyers represent an attempt to exercise monopoly power and restrain competition”.
In another development, she stated that the Judges equally have a role to play. Besides, she noted that the “lawyers can be compared with other professionals but there are differences” and thus, she submitted that “legal services have a special complexiosn as part of the broader social-political-moral landscape that comprises a society’s legal system”.
In addition, she noted that there is need for the independence of lawyers based on four reasons, namely:
- independence from concerns about the wider policy impacts of advocacy
- independence of their advocacy from their own personal views
- independence from popular opinion and
- independence from the state
Meanwhile, she noted that from international experience, in terms of lawyers’ regulation in the profession, “countries seeking to reform their own regulation might look to experience in other jurisdictions for inspiration” and that “effectiveness depends on the relevant cultural and institutional matrix”. She concluded by stating that “resilience and tenacity is important in moving forward”, and urged young Lawyers to “distinguish yourself in quality and aptitude”
In another development, the Chairman of Young Lawyers Forum (YLF), Mr. Tobi Adebowale stated that when talking about the welfare of young Lawyers, we should take into considerations the value of the Young Lawyers themselves; ability or framework of employers, who are finding the young Lawyers with quality; the quality service to be rendered by the Young Lawyers and ultimately, the remuneration.
Meanwhile, he noted that the contention as to minimum wage or fair wage to be earned by young Lawyers must be driven by a consideration of the following factors:
- The Economy
- Perception of Legal Services and
- Employer Capacity & Approach
Besides, the Chairman noted that the YLF conducted a survey which revealed that 81.4% of young Lawyers earned less than 50,000 in first year; 61.5% still earn less than 50,000; 18.6% earn between 51,000- 100,000; 10.7% earned zero naira in first year and 6.8% do not earn salary.
In addition, he stated that the values young Lawyers bring to the table include, “learning and doing, research, preparing drafts of court and transaction documents, court appearances, filing and service, meetings, due diligence, proposals, and self-development”.
Finally, he stated that YLF Council has made recommendations to the NBA, namely:
- NBA to issue broad guidelines on welfare and remuneration, reflecting an appreciation of the economy and existing models for law firm practice ;
- NBA Branches to issue minimum salary schedule which reflects the reality of the jurisdiction;
- Amendment of relevant laws to facilitate regulation and consolidation of law firm practice;
- Employee welfare as a yardstick for legal practitioners’ privileges.
However, Mr. Sylvester took a contrary position on the idea that there should be a minimum wage and a regime of regulation. He stated that by the principle of “volenti non fit injuria”, it’s an agreement between the employer and the young Lawyer and since the latter has consented to the fees the former can afford, there issue is a nonstarter. Meanwhile, he proposed that there should be a regulation in place that Law Firms should only employ the Lawyers they can pay. While responding to a question on whether 5 years of study in the University is too much, he said it does not have an issue with the problem of remuneration of young Lawyers and to him, the 5 years is not too much.
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