The Nigerian Bar Association (NBA) has released guidelines for legal practitioners seeking waivers to charge remuneration lower than the prescribed rates under the Legal Practitioners Remuneration Order 2023.

The guidelines, issued by the NBA’s Remuneration Committee, outline the application procedure, eligibility criteria, documentation requirements, and the decision-making process for waiver applications.

According to the guidelines, legal practitioners seeking waivers must apply to the Remuneration Committee of the NBA through designated channels. The application must be submitted on the practitioner’s letterhead and include details such as practitioner and client information, as well as the nature of the matter. Applicants are required to reference relevant legal provisions and provide a brief explanation of why the matter qualifies for a waiver.

The guidelines also state that provisions exist for pro bono services and matters recognized under the Legal Aid Act, making waivers unnecessary in certain circumstances. Applicants should outline the proposed legal services, anticipated timeline, scope of representation, and cost coverage by the law firm if charging lower remuneration. Additionally, applications must be supported by a verifying affidavit.

The Remuneration Committee may convene panels to consider waiver applications, with a quorum of at least five members. Decision-making may rely on documents or may involve a hearing, and decisions must be conveyed to the applicant within a specific timeframe.
Afam Osigwe, SAN, Chairman of the NBA Remuneration Committee, and Foluke Akinmoladun, Esq., Secretary of the Committee, have emphasized that the proposed guidelines aim to streamline the process for legal practitioners seeking waivers, ensuring fair and efficient consideration of applications.

The release of these guidelines is expected to provide clarity and guidance to legal practitioners who may need to charge lower remuneration in certain cases, while still adhering to the principles of the Legal Practitioners Remuneration Order 2023.

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