The dynamics of law today
With the wave of change in economic trends globally, law firms are making remarkable effort to re-position and re-engineer their businesses to match the realities of these changing times. That notwithstanding, there remains a vast majority who believe that the practice of law is what it has been, and would ever be; and that the lawyer is not a ‘risk taker’. In a chat with THEODORA KIO-LAWSON, former president of the commonwealth lawyers association, BOMA OZOBIA, reveals that the qualities required to make a good lawyer is fast changing from that which makes one a successful leader and business executive. EXCERPTS…
ON THE PRINCIPLES OF LAW
Though the legal profession is an evolving one, the principles that gave birth to this vocation have held sway and true. The profession is still about the rule of law and access to justice for all.
In the past, the fees of advocates’, paid into the little back pocket of our gowns was based on the client’s level of satisfaction – because lawyers didn’t have specific fees/charges for their work but were held in such high regards.
But times have changed. The realities of those times are not the same as now. Technology has come. Economies and businesses have evolved to meet with the reality of currents times and even the legal profession/ Legal Business is faced with the same realities as every other business. As lawyers, we live in the same reality as others:
In the past, it was easy to run a one-man practice (as a sole practitioner of course). However, in this era of technology where the world is now one global village, the type and size of legal briefs and transactions being done, require more than a tiny office space with one staff and very little salary to be paid. To thrive and succeed, the modern day legal business not only requires a strong support staff base, but also partnerships, collaborations, hi-tech equipment, data systems, top-of-the-notch professional training, among other things.
The world is getting more sophisticated by the day, and so is our subject matter (the law). What this means, is that the era when it was only about the principles of law and you could be a ‘Jack-of-all-trades’ is actually over. This is a time when more briefs and transactions rely on your ‘EXPERTISE’ in a given area, more than anything else. So you must master the trade.
That being the case, it is important to have subject matter experts coming together to form partnerships and collaborations for efficient legal service delivery. You can no longer do it alone if you want to get the big pies (More sophisticated and complex deals/briefs) or get the attention of the big players in a global economy. Capacity building is the watchword and one of the primary requirements for a successful legal practice today.
Where we fail in this regard as legal businesses, the big-ticket transactions will not come to us. And this is what has ben happening to the legal service industry, not just in Nigeria, but in Africa as a whole. Currently, the only part of Africa, which has succeeded in retaining a huge percentage of its transactional work is South Africa.
The needs of the client today varies from that of clients 10, 20 or 30 years ago. With the tides of today’s economy, clients approach lawyers seeking practical support for their businesses and transactions. These are transactions that run from million to billions of dollars in some cases. The complex nature of some of these transactions may require expertise in more than one area of law as well as a retinue of staff (fee-earners and non-fee earners) to deliver on them. There is nee for today’s lawyer to be so empowered.
PARTNERSHIPS IN NIGERIA
In my view, two things hinder formidable partnerships among law firms in Nigeria. The first is the lack of structure. Most partnerships in Nigeria have to form their own partnership structures. There is no benchmark for such partnerships. In other words, nothing in the way of guidelines on how it should be done.
Whereas, In England, something like a template is provided in this regard, wherein partners are provided certain roadmaps regarding their partnerships, thereby eradicating the need for them to rely on their individual idiosyncrasies as we still do in Nigeria. I’d like to urge the Nigerian Bar Association NBA) to consider providing such support that could encourage stronger ties/mergers and more efficient partnerships between lawyers and law firms in Nigeria.
The second factor I consider inimical to partnerships in Nigeria, is the fact that we are not trained as business people, we are trained as lawyers. In this jurisdiction Speaking of Nigeria of course) we go into business as lawyers not Recognising or acquiring the basic skills and training required to efficiently run a business.
To become a partner in England, you must undergo Management Stage I & II, otherwise you cannot be a partner in a law firm. This is the requisite business training for financial literacy – as it touches on business planning, business administration, financial accounting, management, etc.
You may be a legal practitioner of 30-year standing and efficient as a professional, but you still need to understand the basics of the business; its growth, expansion and how to take the business to the next level. Even where only one party has the requisite business skill and is equipped to do business, there could still be challenges in future. We must recognise that knowledge of book keeping and clients’ accounts isn’t sufficient to run a successful legal practice in the world we live in today. We must do more; acquire more skills; and continue to build capacity in other to serve our clients better.
TRAINING AT THE LAW SCHOOL
The law school already has a full curriculum and the focus at that level, is to get the lawyers equipped to practice. The Law Society’s ‘Management Stage I&II’ is only done three years post call. And this is because, no one expect you to move right into a partnership from law school. Rather, I’d suggest that just like the Law Society, the Nigerian Bar Association makes such trainings available to its members.
I must state however, that I do not believe it should be made mandatory. I believe that ideas and programmes should be sold in such a way that people see the value in it without any form of coercion. If you provide something of value to members and show them the merits, they would take it up without having to ask them.
THE BAR, LEADERSHIP, ELECTIONS AND SUCCESSION PLANNING
The model currently used by the Nigerian Bar Association (NBA) for the selection of its leaders is far too politicised. I really do not understand why this is the case, as this is about service. And if it is about service, then we shouldn’t be grappling for it.
If I put myself up for service, and the people do not want me to serve, then that should be all right by me. I’ll go back to my practice and get on with it. Why should I have to fight over it? Why must we have a dogfight each time we are due for new leadership?
Note that the rancour in these offices or positions is not just in the process that brings the executive into office but the value that has been placed on these positions/offices. With all due respect, I do not see how these battles can be about SERVICE. Therefore, until we remove the attraction in this office(s), we will continue to have this rancor and dogfights, which is why I have also advocated for institutionalising the Nigerian Bar Association.
Elected officers should only deal with policy, as is the practice in other jurisdictions. The law society is run by professionals. The Council simply sits like a board; makes policy and leaves it to them to run; while the Lawyers In Council continue running their practices. Until we change these methods, and stop all the politicking, the rancour and battles for the office, will not stop.
I would once again recommend succession planning for the NBA, as it would enable it identify and develop new leaders from within its ExCo. The Commonwealth Lawyers Association (CLA), which I served as president, uses this model for the selection of new leaders.
The CLA is not the only association using this model. The Law Society of England and Wales also does, as well as the Bar Council and all 54 bar associations and law societies within the common law jurisdictions. Most of these commonwealth jurisdictions hold elections only for the office of the vice president, not the president.
With this option, the incumbent after his tenure is succeeded by the vice who would have served under the president for two at least two years allowing for continuity – and by which time, this person will not only have a full understanding of how the leadership works, but the direction in which it is going or meant to go.
Again, I urge the leadership of the NBA to institutionalise the association; take away the trappings of these offices and make this about SERVICE. The profession is evolving. Let us engage the people we serve, build capacity and move the industry forward.
BOMA OZOBIA was the President of the Commonwealth Lawyers Association (CLA) between February 2011 and April 2013. She was also the Chairwoman of the Association of Women Solicitors, England and Wales, 2005/2006; Member SBL, World Trade Organisation Working Group; Chair, NBA Section on Legal Practice Professional Development Committee; Member – Liberalization of Legal Services Working Group, Nigeria Bar Association and Member, Financial Times Non-Executive Directors’ Club.