By Festus Okoye
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An emerging trend in Nigeriaâs legal sector is the increase of legal practitioners skilled in content creation, alongside content creators who hold law degrees or use legal practice as a cover to attract traffic, grow their audiences, and generate profit regardless of legal ethics, clientsâ freedoms, or the lawâs stance on their activities.
This trend needs to be clearly defined and addressed by the ap- propriate bodies of the Nigerian Bar Association before it becomes a serious challenge to the profession, the courts, and the Nigerian people. Our country often struggles to recognise and confront new issues before they become deeply rooted problems, leading to complaints and lamentations about being caught off guard.
Whether content creators act as legal practitioners or consultants, their actions, conduct, and state- ments must adhere to the standards of the profession and the restrictions on what legal practitioners may or may not do, both within and outside the courtroom.
This is especially urgent given the rise of Artificial Intelligence (AI) and the potential misuse of technology for unethical purposes. There is nothing inherently or ethically wrong with using oneâs talent to earn money through content creation. This practice is generally accepted.
Those with such talent should be encouraged and guided to act ethically and in the best interests of the profession. The argument here is that it is morally, ethically, and professionally wrong to prioritise content creation, clout chasing, and site traffic over the ethical and professional duties to the client or defendant, the courts, the interests of justice, and society.
The roles and status of content creators, clout chasers, influencers, and those whose only connection to their law degree is to drive traffic to their sites must be clearly defined and agreed upon. This is crucial and strategic, as it prevents the misconception that legal practice is merely content creation and seeking attention.
If the professionâs image is to improve, it must establish and suggest minimum standards to address the innovations and challenges it faces. This is vital because legal education in the 70s and 80s is not the same as it is today. Significant changes have occurred, and the profession needs to agree on what to include and how to adapt.
Students at various universities and the Nigerian Law School now have easy access to the information they require. Most people own computers, laptops, iPads, and phones that often surpass traditional computers in performance. They can download materials and connect with online tutors for nearly every aspect of law.
They have a wide range of sources, unlike students in the past who relied solely on textbooks; those whose parents could not afford textbooks depended on the school library, where some pages had been torn out. With advances in science and technology, are there more modern digital methods for practising law?
There is no doubt that the face of the legal profession is changing. It is now possible to submit cases online. Some courts have websites that allow the public to view sitting times and schedules. During COVID-19, lawyers appeared in court remotely, argued their cases, delivered written addresses, and judges issued judgments online.
COVID-19, to some extent, transformed court procedures and encouraged innovation. Most courts are now digital and judges have access to science and technology. While it is legitimate to utilise technological advances for career progression, better pay, and a good quality of life, it is essential to do the hard work required in the pro
The NBA should stress to its members that practising law is not about content creation. The Association needs to clarify that the law is applied in court, not on social media
fession by understanding the law, its processes and procedures, and conforming to ethical and professional standards. Understanding the law and its procedures is more challenging in election petitions.
Besides the emo- tional and passionate issues involved in elections and election petitions, there is the important task of com- prehending the parties and the con- tents of election petitions. There is also the difficulty of interpreting depositions and subpoenas. Scheduling presents another challenge.
Jurisdiction and locus standi add further complications. Understanding pre- and post-election issues is also complex. Monitoring elections and election petitions is a significant task, and sometimes the lawyers for petitioners and respon- dents must simplify matters for journalists and the public to understand.
Unfortunately, some content creators and social media enthusiasts chasing fame and money are turning legal practice into a spectacle. Some of them never set foot in the courtroom and call themselves consultants. Others cannot even draft a simple motion, yet they are quick to analyse issues on the court docket, question why a specific motion has not been filed, and wonder why it was refused.
Some content creators and modern consultants enter court premises to file a motion or observe proceedings as consultants or interested parties. However, instead of going to the court registry or entering the courtroom, they often bring journalists to announce their presence. Some even bring their own equipment to record their activities for online posting.
Their main aim is not genuinely their clientsâ cases but personal fame. The tragedy is that many young people in our society are active on social media, may lack access to alternative voices, and in some cases rely on these content creators for information, with some spreading inaccurate details because they do not understand the law or rarely read. Some view legal practice as a circus and engage in drama and comedy.
So, while actual court cases proceed with seriousness, content creators and social media figures portray a different image to the public.
Ultimately, when judgment is delivered, it often contradicts what these content creators have portrayed, leading to an image problem for the judiciary. We must remain especially vigi- lant of content creators, influencers, clout chasers, and consultants in the legal sector who may become involved in high-profile pre- and post-election litigation.
Some might go âliveâ outside the courtroom while cases are still ongoing, commenting on legal matters. Others may lack a full understanding of the complexities of election petitions, but still present themselves as experts and consultants.
They pose a threat to Nigerian democracy, and we must have the courage to recognise this. The Nigerian Bar Association (NBA) needs to review the professionâs ethical standards.
What moral principles and professional norms should legal practitionersâparticularly those who excel at content creation and seek fame or a larger social media followingâbe expected to adhere to? These standards should be clearly defined.
We are in a situation where content creators appear in court, announce they have just arrived to file documents, and then ask their followers to wait for updates. This does not reflect the true spirit of our profession. The challenge could become even more complex with artificial intelligence, and we may struggle to distinguish what is true from what is false, or what has been posted solely to attract traffic to a site.
The NBA should stress to its members that practising law is not about content creation. The Association needs to clarify that the law is applied in court, not on social media.
While social media is an important source of information, it should not be used to undermine the practice of law or create a false impression that gaining popularity and content creation are the main priorities. Lawyers have a duty to their clients, the court, and society.
They must represent their clients to the best of their ability, and this work should be done in court. Lawyers are ministers in the temple of justice and must avoid actions that undermine, or could undermine, the courtsâ ability to deliver justice.
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