ABSTRACT
The legal profession in Nigeria is one of the oldest in the world. It is one of the most influential and enviable in the country. It is one which prides itself in the nobility of solemnity and conservatism. However, the events and changes in the 21st century have given it a tough meat to chew.
There are changes and developments occurring in the commercial sector, international trade, technology, crime and the criminal justice system, information procurement and dissemination, e.t.c., that needs to be harnessed correctly by the legal profession, and the young practitioners bears these responsibilities to improve the system; but this can be done better when they are engaged effectively.
This paper seeks to explore and re-emphasize the developments of diverse markets in the legal profession; discuss some of the challenges affecting the profession as it pertains to the proper exploitation and practice of these emerging markets. It points out some recommendations on how the young practitioners can truly take charge of these markets in the practice of law.
INTRODUCTION
It is settled that the law can be flawed in many respect, but it remains the good foundation of a civilized society. The recent developments of the 21st century in commerce, cyber crimes, technology, international trade and relations, nuclear weapons, international security and war, artificial intelligence, energy, intellectual property, taxation, entertainment, sports, foreign business participation, elections, mergers and acquisition, e.t.c., have created an herculean task on lawyers to fashion out ways to tackle the challenges it presents and serve their clients better. There is the growth of non-traditional means of dispute resolution by means of Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR) of recent taking the lead in resolution of disputes.[1] Networking and borderless legal practice has been at its peak with the introduction of diverse social media platforms that enables interconnectivity beyond the national boundaries and enabling cross-border relationships between clients and their lawyers and law firms among themselves.[2]
These emerging markets has brought new practice areas and further enlarged the frontiers of the legal profession in Nigeria. Law is dynamic and lawyers must brace up to tackle the challenges that may hinder the effective flow of these developments and markets. Today, we have seen tremendous increase and applicability of these emerging markets in law, such as the filing of court processes online, the ability to retrieve statutory and judicial precedents on the go, the scheduling and holding of meetings online, but a lot needs to be done to engage the young practitioners who are the future of the legal profession in this tide of developments.
Young lawyers have the tremendous task or role of adapting the innovative trends and emerging fields of the legal profession. They must do things differently with extra-ordinary standard laced in excellence.
SOME EMERGING MARKETS IN THE LEGAL PROFESSION IN NIGERIA
It is vital in this section of the paper to clearly set out some recent areas of law which are in the author’s view emerging markets for the legal profession in Nigeria:
Corporate and Commercial Law Practice
The increasing growth of business laws, international trade, banking and insurance, intellectual property, taxation and a lot of other related area of the law has made this field quite dynamic and is for sure an emerging market in the legal profession. This transcends drafting contracts and registering business names. It includes possessing current knowledge in the incorporation of companies to its winding- up procedures, corporate restructuring, corporate finance, audit and taxation, e.t.c.
Businesses spring up daily, the advisory role of a lawyer is very much needed whenever the business owner needs to finance his business, either as a start-up or as a going concern.[3] This field requires constant interfacing with regulatory bodies and financial institution.[4]
Technology Law
It is no gainsaying that technology has come to stay with us. With the speed and ease with which we engage technology to carry on our transactions has made it imperative for this area of law to emerge. It covers areas of aviation law and the airspace, telecommunication, robotic and computer creations, or better still artificial intelligence, intellectual property, and including cyber crimes.
Additionally, with so much of our information floating around in the digital space, we automatically become more vulnerable to hackers, potential fraudsters, or commercial negligence.[5] This is where technology law comes into play. Although, its remit is expanding all the time, technology law is primarily concerned with building the framework for the collection, storage, dissemination, and uses of information in the digital space. Asides the issue of intellectual property, technology law is also concerned with software installation, licensing, troubleshooting and warranties.[6] It is a clear fact that the use of artificial intelligence can help a lawyer in the work of due diligence, legal analysis, legal prediction, document automation and electronic billings.[7]
Sports Law
The activity of sports has increasingly moved from some sort of entertainment and recreation to a billion dollar venture. The business nature of sports and its governance even in the international scene are also compelling factors for the emergence of this field of law. It is an admixture of different facets of law, like contract, intellectual property law, tort law, administrative law, constitutional law, criminal law, labour or employment law, e.t.c. The rules or laws governing an athlete or any sportsman, the agents and marketers, the formulation of contracts for them and the ever-recurrent laws of both domestic and international sporting bodies make it necessary for a lawyer to be involved.
Attorneys who practice sports law have the opportunity to practice their craft in an exciting arena. They have the opportunity to practice law in a high-profile and influential field. For attorneys who enjoy sports, a specialization in sports law can be a challenging way to stay active in the world of sports while earning an income in a unique area of law.[8]
Taxation
The need for government to increase their revenue and the drive for individuals and businesses alike to comply with tax laws, and even avoid tax has made it very pivotal for this area of law to be engaged as a specialized field. Globalization also creates complex tax issues requiring deep knowledge of national tax laws, tax treaties, and information sharing programs.[9] Tax efficiency, risk reduction, avoidance of tax controversy, and the successful resolution of an unavoidable dispute are goals that can best be met where the tax team possesses strong national and cross-border experience.[10]
There are other emerging fields in the legal profession in Nigeria at the moment; the ones discussed above are merely for the purpose of clarity and emphasis. These fields can be properly engaged by young practitioners for effective legal practice.
PERCIPITATING FACTORS FOR EMERGING MARKETS IN THE LEGAL PROFESSON IN NIGERIA
There are many reasons for the growing developments of new fields in the legal profession. It is important we take a look at them as one cannot solve a problem or improve on a situation that you do not understand its cause.
Globalization: The world has become a global community with the growth of science, information and communication, international relations and diplomacy, international trade and investment, culture and tourism, especially through the media. Many persons are very comfortable at this time in conducting business with individuals and companies around the world. Necessarily, this convergence of diverse global factors has resulted into many emerging markets in the legal profession in Nigeria.
Technology: The ease to which mankind carry on business and life transactions has facilitated the creation of new fields of law. Now, we can talk about soft law as distinct from hard law. The use and production of electronic evidence has become necessary as a result of technology, thereby birthing emerging markets in the legal profession.
Exploration of other fields: The ability of people to become innovative and creative in the pursuit of purpose has caused not a few to think of ways to achieve their goals. Governments and businesses are moving from the use of crude oil, and now we are talking about issues of solar energy, renewable and non-renewable energy, climate change and environmental protection. The foregoing are emerging markets in the legal profession as a result of exploration.
Enactment of Laws or Regulations: As there are improvements and exploration in the transactions of life and business; governments, associations and international bodies come up with diverse laws, regulations and policies to co-ordinate the activities of its people and curb their excesses. The making of these laws consequently creates new areas of law that demands the attention and knowledge of lawyers.
CHALLENGES OF YOUNG PRACTITIONERS IN THE EMERGING MARKETS OF THE LEGAL PROFESSION IN NIGERIA
There are certainly challenges or constraints that young lawyers face in grappling with these emerging fields and practice of law generally. An attempt shall be made here to point out some in this work which is believed covers the field. It is noteworthy that the Nigerian Bar Association (NBA) in the categorization of a young lawyer makes it within the post-call range of 1-7 years. Thus, anyone that falls within this grade is a young lawyer in Nigeria.
The Legal Education: In the Nigerian legal education, a lot of emphasis is placed on conservatism and maintaining the status quo, so much that any event of change is readily questioned with cynicism. It is disheartening that many of the areas of law that are open to the profession are yet to be incorporated into the curriculum of our legal training. The method used in teaching even the traditional courses, are more theoretical especially in the universities than practical. Consequently, with the slow upgrade of our legal education, the young lawyers come out ordinarily with the same old knowledge of law and may find it difficult adjusting and adapting to the emerging markets. There is equally a paucity of materials in many of these emerging areas of law to help facilitate the growth of young lawyers.
Employment Opportunities: It is stating the obvious that there are not enough jobs in Nigeria to cater for the huge number of graduates churned out from our tertiary institutions yearly. The case of the legal profession is not uncommon, as there are many young lawyers who after graduation cannot find a decent employment to practice their new craft. It suffice to say that contrary to the days of our senior lawyers, the number of lawyers produced from our legal education are enormous, leaving many with nowhere to work not to mention engaging the emerging area of law. As a result, many young lawyers are not financially equipped to even embark on continuous professional education to improve their lot in the emerging markets of the profession.
Firm structure: The kind of law firm or establishment a young lawyer works in helps to determine the nature of transactions or areas of law that he would be engaged in. Under this set falls the nature and location of the firm. A Sole Practitionership and/or a Sole Proprietorship find it difficult to engage new areas of law, compared to a Partnership law firm with lawyers with diverse expertise. It goes without saying that the kind of jobs or clients that a young lawyer would interact with in a rural area will not be the same in urban regions. Issues relating to corporate and commercial transactions, maritime, energy, aviation or intellectual property are not readily engaged in rural areas, and this is a huge constraint to a young lawyer.
Financial/Infrastructural Constraint: It is not financially free for personal and professional development to be done, and this poses a challenge to many young lawyers. It cost a lot for a lawyer to purchase books, subscribe to law reports and journals. Even the means to attend seminars and trainings plus internet access fails the young lawyers in engaging the emerging fields of law. More so, issues of network failure, power, and the likes affect the growth of young lawyers in adopting new markets of practice.
ENGAGING THE ROLE OF YOUNG PRACTITIONERS
At this part of the paper, it has been established that there are several emerging markets in the legal profession, and the factors discussed. The challenges of young lawyers in effectively engaging with same addressed. It is thus apposite to consider how the young practitioners can be engaged in these emerging markets.
Diversify legal training and practice: It is vital to note that in engaging young lawyers now, the focus must move beyond law for practice but as a business that must offer wide range of services. Practice activities are shrinking and the business of delivering legal services is expanding. Some reasons include: clients need for multi-disciplinary, data-driven, holistic risk analysis requiring other professional skills and competencies; automation; the “productization” of legal services; the rise of legal operations; and in some jurisdictions, re-regulation.[11]
It is known that many of the jobs hitherto left solely for lawyers are gradually being made open for other professionals to be engaged therein. For the young lawyers to fully play in the new market, such a one must think, train and be improved in terms of business. In the words of F.Lee Bailey; “A lawyer’s education is far too important to be left entirely to law schools. No school, regardless of how good it may be, is capable of teaching the potential lawyer all there is to know about the profession and business of law”.[12]
Mentoring and Networking: The legal profession is a collaborative and dynamic one, thus the need for mentoring. A young lawyer ought to carefully choose a senior colleague that is already abreast in the area he intends to develop or practice and undergo some tutelage. It is a disadvantage that now, only a few firms have internship programs and many of the seniors are not even ready nor willingly to pour out themselves to a junior. Also, young lawyers must connect with other seniors, colleagues or professionals, within and outside jurisdiction with the required knowledge needed to serve their clients in emerging fields.
Continuous Personal and Professional Education: To leverage the opportunities in the emerging fields, it is imperative that the young practitioners are assisted in the development of personal development and not just professionally. Thankfully, continuous professional development is a mandatory mark for practicing lawyers in Nigeria.[13] It is hoped that the contents in these courses will always be in line with emerging areas, and that young lawyers partake in it. Also, skills such as leadership, emotional intelligence, goal setting, communication, e.t.c., should be addressed to young lawyers seriously as many lack these traits. Law firms and other organizations should organize and sponsor these seminars for young lawyers as well. The value cannot be over-emphasized in an emerging market.
Proper Remuneration and Incentive: Truth is, as a man learns how to “fish”, it is expected that he be given good “fish” to help his motivation. It is very common to see young lawyers languishing in penury in Nigeria, while the seniors treat them with the idea that they are merely doing them a favour by employing them. It is difficult to sustain passion and morale without incentives. To properly engage the role of young lawyers, there should be serious conversation along this line.
Apart from the monetary aspect, there should be high level of respect and esteem from the seniors for the work young lawyers engage in. It is believed that when this is done, young lawyers can produce better output.
Accessibility to Loans, Grants and Scholarships: Akin to the last point is the need to provide loans or grants to young lawyers who intend to set up private firms or carry out research works on any emerging fields of law. It takes a lot to engage in a novel area, and having the needed financial resources helps to put other necessaries in that regard in place. This would help many young lawyers to find interest in these new fields as they are certain of setting up a practice or achieving a feat through their researches.
CONCLUSION
It is only change that is constant in life. Law is dynamic and responds necessarily to the needs of society. It is thus hoped that the issues raised in this paper are given due attention and young lawyers must press forward in adapting emerging areas of law. The institutional bottlenecks weaved in conservatism of traditional perspective in the Nigerian legal system must give room to flexibility and dynamism.
[1]OLOWONONI, Emmanuel Oluwafemi and IKWUANUSI, Ogechukwu Jennifer. Recent Developments in 21st Century Global Legal Practice: Emerging Markets, Prospects, Challenges and Solutions for African Lawyers. KIU Journal of Social Sciences, [S.I.], V.5, n.2, p.31-39, July 2019. ISSN 2519-0474. Available at: https://www.ijhumas.com/ojs/index.php/kiujoss/article/view/510. Accessed:29th June, 2020.
[2] Ibid
[3]Love Ayodele, Emerging Areas of Legal Practice in Nigeria and the Future of Legal Services Delivery: The Abiding Role of the Legal Advisor; published and accessed on: http://www.linkedin.com, march 20, 2020. Date accessed: 29th June, 2020.
[4] Ibid
[5] Ashley Murphy; What is Technology Law and Why Should You Study It; published and accessed on http://www.lawstudies.com. Accessed 29th June, 2020.
[6] Ibid
[7] OTI, Christian Nwani; The Role of Artificial Intelligence (AI) in Creating a Sustainable Law Practice in Nigeria; published on: https://www.thenigerialawyer.com on 26th June, 2020.
[8] Sports Law- Becoming a Sports Lawyer- Legal Career Path; published on: http://www.legalcareerpath.com. Accessed on 29th June, 2020.
[9] Culled from: htpp://:www.whitecase.com. Accessed 30th June, 2020
[10] Ibid
[11] Marh Cohen, Skills and Education for Legal Professionals in the 2020’s; published at http://:www.forbes.com on 1st July, 2020 accessed 2nd July, 2020.
[12] Quoted in: Adedunmade Onibokun; How Young Lawyers Can ParticipateSuccessfully in Today’s Political And Economic Climate; being a paper delivered at the legal Marathon Summit, 2017, oduduwa hall at Obafemi Awolowo University. Accessed at http://:www.legalnaija.com on 2nd July, 2020.
[13] Rule 11, Rules of Professional Conduct, 2007
SOURCE: The Nigeria Lawyer – https://thenigerialawyer.com/the-dynamism-of-law-exploring-the-roles-of-young-lawyers-in-nigeria/
