By Otokinie O. Wokoma Esq.2 INTRODUCTION Who is a young lawyer? A lawyer that is between 0-7 years at the bar based on the Young Lawyers Forum. Or any lawyer between 1-9 years at the bar as senior lawyers are 10 years and above. For the purpose of the paper I will stay with 1-9 years post call. WHO IS A LAWYER (LEGAL PRACTITIONER)? Section 2 (1) of the Legal Practitioner Act Chapter L11 of the LFN 2004 states who can Practice as a legal practitioner. “2. Entitlement to practice (1) Subject to the provisions of this Act, a person shall be entitled to practice as a barrister and solicitor if, and only if, his name is on the roll…” WHO IS AN APPRENTICE? The Black’s Law Dictionary 9th Edition defines an Apprentice as: “1. A person bound by an indenture to work for an employer for a specified period to learn a craft, trade, or profession… 2. A learner in any field of employment or business, esp. one who learns by hands-on experience or technical on the job training by one experience in the field” While Section 49(3) and Section 50 of the Labour Act Chapter L1 of the LFN 2004 has the following to say on Apprenticeship. “49. Contracts of apprenticeship …(3) Any young person of the age of sixteen years or above not being under any contract of apprenticeship may apprentice himself for any term not exceeding five years to any trade or employment in which art or skill is required. 50. Attestation (1) Every contract of apprenticeship and every assignment thereof shall be in writing; and no such writing shall be valid unless attested by and made with the approval of an authorised labour officer certified in writing under his hand on the contract or assignment. (2) Before attesting any contract of apprenticeship, an authorised labour officer shall- (a) ascertain that the apprentice has consented to the contract and that his consent has not been obtained by coercion or undue influence or as the result of misrepresentation or mistake; and (b) satisfy himself that- (i) the apprentice has been medically examined and certified by a qualified medical practitioner to be physically and mentally fit to be employed and trained in the employment specified in the contract; (ii) the parties to the contract have fully understood the terms of the contract before signing it or otherwise indicating consent; (iii) provision has been made in the contract as to the manner in which any remuneration in cash or otherwise due to the apprentice shall be determined and as to the scale of increase in remuneration during the course of the apprenticeship; (iv) provision has been made in the contract for payment of remuneration to the apprentice during illness and during holidays, if any; (v) where the apprentice is unable by reason of his apprenticeship to return to his home at the end of each day, the contract contains adequate provision to ensure that the apprentice is supplied with food, clothing, accommodation and medical attention; and (vi) the terms of the contract are in accordance with any regulations made under section 52 of this Act.” IS A YOUNG LAWYER AN APPRENTICE? Based on the above Labour Act i.e. in a technical sense Young Lawyers are not apprentice but in a general sense; yes young lawyers are apprentice or they should see themselves as one. An apprentice get trained on the job thereby building his career. Note: Even senior lawyers are also apprentice in some other way e.g. when they are briefed in areas of weakness. They solicit expertise from others, even juniors. A litigation lawyer might need the expertise of a junior to incorporate a company at Corporate Affairs Commission, obtain a labour licence, obtain Certificate of Occupancy etc. or a corporate lawyer might solicit the assistance of a litigation lawyer in the case in Court. CHARACTERISTICS OF AN APPRENTICE • An Apprentice must have a trade or Profession he or she wants to gain expertise. In this case the legal profession. • He has a mentor, boss etc. In this case a young lawyer might be mentored to be a senior Advocate of Nigeria, a Judge, and Magistrate etc. • He needs to learn and be trained in a trade or profession i.e. the work of a lawyer. • The learning or training will be majorly on the job, as it is the daily experiences of the young lawyer that equips him for future challenges. • It is based on a written contract. This is because the terms of the contract need to be expressly stated. • It is for a fix period of time (Not more than five years). ADVANTAGES OF AN APPRENTICE. 1. As an Apprentice you used another person’s brief to learn. 2. You rise using the platform of another. 3. Your actions, mistakes are covered by the firm. 4. The operational cost and material costs are not bound by you. 5. You are opportune to be connected to persons whom you might not have been able to work closely for. 6. You build confident to charge higher fees for your services. In conclusion, it must be noted that it is not a matter of law but a matter of personal development. Thank you and God bless you all. Culled from SOUND COUNSEL a publication of CLASFON in the No. 12, Vol. 7 August, 2015 edition on page 49. The writer is a legal practitioner and the Head of Chambers of Jubilee Law Office based in Port Harcourt. He is presently the Vice Chairman of the Christian Lawyers of Nigeria (CLASFON) Rivers State Branch.‎ ]]>