The Future Nigerian Lawyer: My Post-Covid Reflection

By Chris Oti

INTRODUCTION

It is axiomatic that the only thing that is constant in life is
change itself. But it is definitely not every change that comes to
man that he is prepared for. The Covid-19 pandemic was one change
that Nigeria as a nation was not adequately prepared, and in fact
the world at large faced, and is still in hard times. The Nigerian
Judicial System did not fare well in the circumstance as well, as
the Covid-19 disrupted not a few court proceedings, legal or
judicial conferences, arbitral proceedings, clients’ interview, and
many other acts that lawyers fairly engage in.

The Nigerian Judicial System being rooted in its traditional
style and approach had to adapt to the situation in an average way
at best. However, the practice of law vis-à-vis the Nigerian
Judicial System can be improved if the many emerging trends and
skills can be merged appropriately in the performance of legal and
judicial functions. As such, law will cease to be the insular,
static profession whose career paths were dictated by the
traditional law firm partnership model. As that model erodes, it
will impact career paths education and training, and the perception
of what it means to be a lawyer.[1] Lawyers must
imbibe creative thinking in the bid to solve the problems of their
clients and in a most imaginative manner, and this is what the
Covid-19 pandemic and its post period must birth in lawyers.

Lawyers are faced with the everyday task of satisfying the needs
of their clients and in many instances, it is not expected that the
lawyer should perform below standard, even in challenging times as
a pandemic. Consequently, lawyers must adopt measures that will
suit the times we are in, for excuses are a fast way to devalue
one’s professional stand. Having at the outset answered that the
Nigerian Judicial System is not adequately prepared for the effects
of the Covid-19 pandemic, this article shall therefore focus on
some of the steps lawyers and the Nigerian Judicial System in
general can take in the practice of law in any sector in these
challenging times; the challenges to the suggestions will also be
highlighted and recommendations made in the conclusions. It may be
apposite to commence the discourse with the following quote:

“Before the law stands a gatekeeper. A man from the
country comes to this gatekeeper and requests admittance into the
law. But the gatekeeper says that he cannot grant him admittance
right now…  The man from the country had not expected such
difficulties; after all, he thinks, the law should be accessible to
everyone at all times.” Frank Kafka[2]

THE USE OF TECHNOLOGY TO LAW AND JUDICIAL
PRACTICE

The Judiciary is proclaimed as the third arm of government in
any politically democratic nation, and as such her independence and
practical functionality ought to be a priority for government. In a
country where many cannot afford and gain access to justice, where
the court processes and systems are basically a current of papers;
and whereas a good deal of the people are in touch and are
gradually embracing the benefits of the internet, it becomes
imperative that the judicial and legal system take a good leap
consistently into the use of technology for legal practice. It goes
beyond the hue and cry of virtual hearing but a revitalization and
redirection of the legal and judicial processes and system to the
technological tide.

The fact that as basic as the use of technology for filing of
court processes is yet to be fully implemented in many of our
courts is quite disturbing as same acts as a clog to the issue of
speed to the institution and prosecution of cases. In this time of
the pandemic and its aftermath, the Nigerian Judicial System should
embrace technology in the methods of filing of cases, record
purposes and detailing of court proceedings. The application of
technology to the judicial system would make the practice of law
easy in research, automated processes, availability of better
resource and management, increased transparency and customer or
client accessibility to mention a few.

The use of technology must include the issue of increased
connectivity of lawyers with their clients and accessibility to
learning of law electronically. The Covid-19 pandemic with its
effect on the financial and economic situation on clients cannot be
over-emphasized; what lawyers must do is to ensure that in the
practice of law at this time, is to maintain close contact with the
clients vide technological means. Thankfully, social media has made
it very easy for individuals to connect with their friends, family
and associates; this way, the client or the lawyer is not only
reached when there is a legal need. The relationship is deepened as
a result producing a good working lawyer and client
relationship.

THE “MORE FOR LESS” CHALLENGE

The Covid-19 pandemic particularly dealt financial blows to all
and sundry, and as such it is necessary that lawyers and the
judicial system must take same into consideration in legal billing.
The low income earner, the market women or even the local artisan
who in the usual state of affair cannot foot bills for legal
services have now become more despondent. Not many lawyers are
prepared to take up legal works for pro bono; as such a revisiting
of the billing system is imperative. There has been an upsurge of
proposals for work being undertaken on a fixed-cost basis or on a
capped basis….others have gone further and put forward more exotic
approaches such as “value billing” which involves, in a variety of
ways, charging for the value of the work undertaken rather than the
time expended; or a variant on this, charging for time and cost
saved rather than time spent.[3]

The charging for value in this writer’s view will make legal
billing a bit structured and would enable the clients to appreciate
the payments they make in these times.

The fact is that many lawyers are not prepared for this
challenge of the Covid-19 pandemic as can be seen from the telling
effect of it on the judicial system. Consequently, it is expected
that since clients will be more inclined to be charged less than
usual, the decentralization of some of the legal works among
paralegal or other members of the law firm is commended. This can
be done through the use of precedents and commoditization of legal
products, whereby the needs of clients are merely fitted into the
samples or precedents appropriately by the non- lawyer employees of
the firm. This in turn gives the lawyer the free chance to focus on
other high value tasks that would bring in higher revenue.

CREATIVITY IN LAW PRACTICE

It is a known fact that lawyers are traditional in the rules and
practice of the profession; it becomes a challenge to maintain
creativity in such circumstance. But, the disruptive effect of the
Covid-19 should compel lawyers to not just think outside of the box
but to create new boxes. For instance, the use of standardized and
systemic documents would reduce some of the risk associated with
the pandemic. Arguably, the Covid-19 pandemic brought about the
opening of new fields of law that hitherto were not seriously
practiced by lawyers, like technology and telecommunication law,
Online Dispute Resolution, International monetary and financial
transactions, particularly with respect to business/commercial and
equity financing.

The lack of a shift in thinking from the traditional or bespoke
way of practice answers why the Nigeria Judicial System is still
flooded with court cases despite the pandemic. Ordinarily,
creativity should enable lawyers to engage in alternative dispute
resolution, particularly online dispute resolution where the issues
between disputing parties can be resolved or at least attempted to
be settled before instituting legal action, but because even the
court system are in true sense not serious with alternative dispute
resolution, hence the bent to traditional litigation, which hinders
creativity in law practice. The attitude of courts must go beyond
the filing of pre-action counseling certificate to demanding
strictly for further proof of arbitration before the filing of
cases.

We concede that there are some questions surrounding virtual
hearing and online dispute resolution, but in the resolution of
disputes which is a cardinal function of the Nigeria judicial
system, the need to be prepared in this regard is crucial. Very few
law firms have yet taken ODR seriously, but it is predicted in the
long run to be the dominant way to resolve all but the most complex
and high-value disputes. For law firms and court lawyers, this is a
direct assault on their conventional work. But it is also a great
opportunity-to become a leading expert in the field.[4]

THE NEED FOR LEGAL HYBID LAWYERS

If there is one other thing the Covid-19 pandemic has presented
to the judicial system is the need for interplay between law and
other professions or subjects. It is not in doubt that for
instance, there were increased cases of retrenchment at the
workplace, divorce, loss of properties and a host of other negative
effects. How then will a lawyer attend specially to clients
negatively battered in this respect? This in this writer’s view
calls for the need for a marriage of law with other sectors in this
period of the pandemic and afterwards; and as such it shows the
inadequacy of many lawyers in the understanding of issues relating
to psychology, marketing, accounting, banking, economics, security,
stock market, real estate, tax, project management, technology/data
science, shipping, etc; and assuredly this would require rigorous
training which lawyers are shaped ordinarily to be able to
undertake.

As clients continue to push for more ways to efficiently and
effectively meet their legal needs individually or as a
corporation, the ability of a lawyer to be multi-disciplined
portrays an area where lawyers need to be prepared adequately for.
Legal professionals looking to expand their skillset,
marketability, and earning potential by taking on a hybrid role
should first assess their abilities and past experience to
determine which path might be the best fit[5].
Keep in mind that soft skills such as time management, teamwork and
flexibility are just as important as technical skills, and can set
great hybrid candidates apart from the rest.[6]

CONCLUSIONS

It is settled that the impact of the Covid-19 pandemic are still
obvious in the practice of law and the Nigeria Judicial System as a
whole, but it calls us to the long overdue need of the legal
profession. The quest for technological adoption in the judicial
system is easily bedeviled with the lack of political or judicial
will to follow through with the policy; the lack of funds to build
these technological devices and facilities, and in not a few
respect, includes insufficient technological skill of many lawyers
and judicial officers and personnel. The solution to the need for
the use of technology is therefore not beyond reach if we can
ensure the training and professional development of all
stakeholders and the investing of resources in this regard, with
the requisite proactive inclination towards technology change
expectation and adoption.

It is also contended here that another reason why it appears
that Nigerian lawyers are not adequately prepared for the
challenges and impacts brought about by the pandemic, is the
structure to which we use for the practice of law. We must
seriously begin to see law as a business, and as such the business
entity with which the practice of law is driven must move from a
sole proprietorship or a partnership to a full blown corporation.
This way, lawyers are not likely to run the practice as a one man
business but will incorporate other professionals. This would in
turn solve the challenge posed by the legal hybrid need and a
reduction of the financial burden on lawyers to run a law firm.

Efficiency, speed and quality are required during this time, and
lawyers must see the service of law as a product that should be
packaged to be delivered timeously. In that vein, outsourcing of
some parts of the legal steps for a particular case or legal need
is necessary. It is expected that such parts as legal research,
case review, due diligence, legal drafting or writing, may be
carried out by young lawyers to help in the proper training of the
future of the profession, as some of these will open them up to the
emerging trends, cases and areas of the law, thereby equipping the
legal profession. Consequently, a change in the curriculum for the
training of our law undergraduates in the universities must be
reviewed adequately to include the practical teaching of
technology/data science, online hearing and dispute resolution for
an improved futuristic law practice.

In the final analysis, the job of a lawyer whether in a pandemic
or otherwise is to find a way to let justice roll on like a river,
righteousness like a never-failing stream.[7]

[1] Mark A. Cohen, After-Corona Legal Careers: More
Choice and Less Practice, http//:www.forbes.com-del May 14, 2020,
accessed 5^th April, 2021.

[2] Culled from Richard Susskind, Online Courts and
the Future of Justice, Oxford University Press, Oxford, United
Kingdom, 2019

[3] Richard Susskind, Tomorrow’s Lawyers: An
Introduction to Your Future, Oxford University Press, United
Kingdom, 2013, pg.31

[4] Ibid

[5] The Docket Blog; Hybrid Legal Professionals: An
Exciting Opportunity For Law Firms and Legal Pros;
http//:www.juristemps.com, 17^th September, 2019,
accessed 13^th April, 2021.

[6] Ibid

[7] Amos 5:24(NIV)

By Chris Oti

INTRODUCTION

It is axiomatic that the only thing that is constant in life is
change itself. But it is definitely not every change that comes to
man that he is prepared for. The Covid-19 pandemic was one change
that Nigeria as a nation was not adequately prepared, and in fact
the world at large faced, and is still in hard times. The Nigerian
Judicial System did not fare well in the circumstance as well, as
the Covid-19 disrupted not a few court proceedings, legal or
judicial conferences, arbitral proceedings, clients’ interview, and
many other acts that lawyers fairly engage in.

The Nigerian Judicial System being rooted in its traditional
style and approach had to adapt to the situation in an average way
at best. However, the practice of law vis-à-vis the Nigerian
Judicial System can be improved if the many emerging trends and
skills can be merged appropriately in the performance of legal and
judicial functions. As such, law will cease to be the insular,
static profession whose career paths were dictated by the
traditional law firm partnership model. As that model erodes, it
will impact career paths education and training, and the perception
of what it means to be a lawyer.[1] Lawyers must
imbibe creative thinking in the bid to solve the problems of their
clients and in a most imaginative manner, and this is what the
Covid-19 pandemic and its post period must birth in lawyers.

Lawyers are faced with the everyday task of satisfying the needs
of their clients and in many instances, it is not expected that the
lawyer should perform below standard, even in challenging times as
a pandemic. Consequently, lawyers must adopt measures that will
suit the times we are in, for excuses are a fast way to devalue
one’s professional stand. Having at the outset answered that the
Nigerian Judicial System is not adequately prepared for the effects
of the Covid-19 pandemic, this article shall therefore focus on
some of the steps lawyers and the Nigerian Judicial System in
general can take in the practice of law in any sector in these
challenging times; the challenges to the suggestions will also be
highlighted and recommendations made in the conclusions. It may be
apposite to commence the discourse with the following quote:

“Before the law stands a gatekeeper. A man from the
country comes to this gatekeeper and requests admittance into the
law. But the gatekeeper says that he cannot grant him admittance
right now…  The man from the country had not expected such
difficulties; after all, he thinks, the law should be accessible to
everyone at all times.” Frank Kafka[2]

THE USE OF TECHNOLOGY TO LAW AND JUDICIAL
PRACTICE

The Judiciary is proclaimed as the third arm of government in
any politically democratic nation, and as such her independence and
practical functionality ought to be a priority for government. In a
country where many cannot afford and gain access to justice, where
the court processes and systems are basically a current of papers;
and whereas a good deal of the people are in touch and are
gradually embracing the benefits of the internet, it becomes
imperative that the judicial and legal system take a good leap
consistently into the use of technology for legal practice. It goes
beyond the hue and cry of virtual hearing but a revitalization and
redirection of the legal and judicial processes and system to the
technological tide.

The fact that as basic as the use of technology for filing of
court processes is yet to be fully implemented in many of our
courts is quite disturbing as same acts as a clog to the issue of
speed to the institution and prosecution of cases. In this time of
the pandemic and its aftermath, the Nigerian Judicial System should
embrace technology in the methods of filing of cases, record
purposes and detailing of court proceedings. The application of
technology to the judicial system would make the practice of law
easy in research, automated processes, availability of better
resource and management, increased transparency and customer or
client accessibility to mention a few.

The use of technology must include the issue of increased
connectivity of lawyers with their clients and accessibility to
learning of law electronically. The Covid-19 pandemic with its
effect on the financial and economic situation on clients cannot be
over-emphasized; what lawyers must do is to ensure that in the
practice of law at this time, is to maintain close contact with the
clients vide technological means. Thankfully, social media has made
it very easy for individuals to connect with their friends, family
and associates; this way, the client or the lawyer is not only
reached when there is a legal need. The relationship is deepened as
a result producing a good working lawyer and client
relationship.

THE “MORE FOR LESS” CHALLENGE

The Covid-19 pandemic particularly dealt financial blows to all
and sundry, and as such it is necessary that lawyers and the
judicial system must take same into consideration in legal billing.
The low income earner, the market women or even the local artisan
who in the usual state of affair cannot foot bills for legal
services have now become more despondent. Not many lawyers are
prepared to take up legal works for pro bono; as such a revisiting
of the billing system is imperative. There has been an upsurge of
proposals for work being undertaken on a fixed-cost basis or on a
capped basis….others have gone further and put forward more exotic
approaches such as “value billing” which involves, in a variety of
ways, charging for the value of the work undertaken rather than the
time expended; or a variant on this, charging for time and cost
saved rather than time spent.[3]

The charging for value in this writer’s view will make legal
billing a bit structured and would enable the clients to appreciate
the payments they make in these times.

The fact is that many lawyers are not prepared for this
challenge of the Covid-19 pandemic as can be seen from the telling
effect of it on the judicial system. Consequently, it is expected
that since clients will be more inclined to be charged less than
usual, the decentralization of some of the legal works among
paralegal or other members of the law firm is commended. This can
be done through the use of precedents and commoditization of legal
products, whereby the needs of clients are merely fitted into the
samples or precedents appropriately by the non- lawyer employees of
the firm. This in turn gives the lawyer the free chance to focus on
other high value tasks that would bring in higher revenue.

CREATIVITY IN LAW PRACTICE

It is a known fact that lawyers are traditional in the rules and
practice of the profession; it becomes a challenge to maintain
creativity in such circumstance. But, the disruptive effect of the
Covid-19 should compel lawyers to not just think outside of the box
but to create new boxes. For instance, the use of standardized and
systemic documents would reduce some of the risk associated with
the pandemic. Arguably, the Covid-19 pandemic brought about the
opening of new fields of law that hitherto were not seriously
practiced by lawyers, like technology and telecommunication law,
Online Dispute Resolution, International monetary and financial
transactions, particularly with respect to business/commercial and
equity financing.

The lack of a shift in thinking from the traditional or bespoke
way of practice answers why the Nigeria Judicial System is still
flooded with court cases despite the pandemic. Ordinarily,
creativity should enable lawyers to engage in alternative dispute
resolution, particularly online dispute resolution where the issues
between disputing parties can be resolved or at least attempted to
be settled before instituting legal action, but because even the
court system are in true sense not serious with alternative dispute
resolution, hence the bent to traditional litigation, which hinders
creativity in law practice. The attitude of courts must go beyond
the filing of pre-action counseling certificate to demanding
strictly for further proof of arbitration before the filing of
cases.

We concede that there are some questions surrounding virtual
hearing and online dispute resolution, but in the resolution of
disputes which is a cardinal function of the Nigeria judicial
system, the need to be prepared in this regard is crucial. Very few
law firms have yet taken ODR seriously, but it is predicted in the
long run to be the dominant way to resolve all but the most complex
and high-value disputes. For law firms and court lawyers, this is a
direct assault on their conventional work. But it is also a great
opportunity-to become a leading expert in the field.[4]

THE NEED FOR LEGAL HYBID LAWYERS

If there is one other thing the Covid-19 pandemic has presented
to the judicial system is the need for interplay between law and
other professions or subjects. It is not in doubt that for
instance, there were increased cases of retrenchment at the
workplace, divorce, loss of properties and a host of other negative
effects. How then will a lawyer attend specially to clients
negatively battered in this respect? This in this writer’s view
calls for the need for a marriage of law with other sectors in this
period of the pandemic and afterwards; and as such it shows the
inadequacy of many lawyers in the understanding of issues relating
to psychology, marketing, accounting, banking, economics, security,
stock market, real estate, tax, project management, technology/data
science, shipping, etc; and assuredly this would require rigorous
training which lawyers are shaped ordinarily to be able to
undertake.

As clients continue to push for more ways to efficiently and
effectively meet their legal needs individually or as a
corporation, the ability of a lawyer to be multi-disciplined
portrays an area where lawyers need to be prepared adequately for.
Legal professionals looking to expand their skillset,
marketability, and earning potential by taking on a hybrid role
should first assess their abilities and past experience to
determine which path might be the best fit[5].
Keep in mind that soft skills such as time management, teamwork and
flexibility are just as important as technical skills, and can set
great hybrid candidates apart from the rest.[6]

CONCLUSIONS

It is settled that the impact of the Covid-19 pandemic are still
obvious in the practice of law and the Nigeria Judicial System as a
whole, but it calls us to the long overdue need of the legal
profession. The quest for technological adoption in the judicial
system is easily bedeviled with the lack of political or judicial
will to follow through with the policy; the lack of funds to build
these technological devices and facilities, and in not a few
respect, includes insufficient technological skill of many lawyers
and judicial officers and personnel. The solution to the need for
the use of technology is therefore not beyond reach if we can
ensure the training and professional development of all
stakeholders and the investing of resources in this regard, with
the requisite proactive inclination towards technology change
expectation and adoption.

It is also contended here that another reason why it appears
that Nigerian lawyers are not adequately prepared for the
challenges and impacts brought about by the pandemic, is the
structure to which we use for the practice of law. We must
seriously begin to see law as a business, and as such the business
entity with which the practice of law is driven must move from a
sole proprietorship or a partnership to a full blown corporation.
This way, lawyers are not likely to run the practice as a one man
business but will incorporate other professionals. This would in
turn solve the challenge posed by the legal hybrid need and a
reduction of the financial burden on lawyers to run a law firm.

Efficiency, speed and quality are required during this time, and
lawyers must see the service of law as a product that should be
packaged to be delivered timeously. In that vein, outsourcing of
some parts of the legal steps for a particular case or legal need
is necessary. It is expected that such parts as legal research,
case review, due diligence, legal drafting or writing, may be
carried out by young lawyers to help in the proper training of the
future of the profession, as some of these will open them up to the
emerging trends, cases and areas of the law, thereby equipping the
legal profession. Consequently, a change in the curriculum for the
training of our law undergraduates in the universities must be
reviewed adequately to include the practical teaching of
technology/data science, online hearing and dispute resolution for
an improved futuristic law practice.

In the final analysis, the job of a lawyer whether in a pandemic
or otherwise is to find a way to let justice roll on like a river,
righteousness like a never-failing stream.[7]

[1] Mark A. Cohen, After-Corona Legal Careers:
More Choice and Less Practice, http//:www.forbes.com-del May 14,
2020, accessed 5^th April, 2021.

[2] Culled from Richard Susskind, Online Courts
and the Future of Justice, Oxford University Press, Oxford, United
Kingdom, 2019

[3] Richard Susskind, Tomorrow’s Lawyers: An
Introduction to Your Future, Oxford University Press, United
Kingdom, 2013, pg.31

[4] Ibid

[5] The Docket Blog; Hybrid Legal
Professionals: An Exciting Opportunity For Law Firms and Legal
Pros; http//:www.juristemps.com, 17^th September, 2019,
accessed 13^th April, 2021.

[6] Ibid

[7] Amos 5:24(NIV)