In Nigeria\u2019s legal practice, the Rules of Professional Conduct and the Legal Practitioners\u2019 Act are the twin pillars guiding the conduct and ethics of our profession. They cover everything from diligence to decorum, even providing a mechanism for recovering unpaid legal fees. But here\u2019s the kicker: when it comes to lawyers getting debrief without settling earned fees these rules seem to have taken a coffee break.<\/p>\n\n\n\n
Picture this: A legal practitioner spends years handling a client\u2019s matter, accumulating unpaid fees that could rival a lottery jackpot. The law allows the lawyer to issue a bill of charges and file an action in court for recovery. However, the same law empowers the client to debrief the lawyer and engage another without first settling the outstanding bill. Yes, the same client who couldn’t afford to pay their original lawyer suddenly finds the cash to hire a new one. And what does the debriefed lawyer get? A “Notice of Change of Counsel” and a request for the case file and in some cases, outright hostility.<\/p>\n\n\n\n
It gets better (or worse, depending on your perspective). To bring this closer to home, consider the plight of a senior lawyer who has represented a certain land-owning family in a part of Nigeria for over three decades. From land disputes to chieftaincy tussles, even their personal squabbles, he becomes part of their story, often working on a handshake agreement that he will be paid one day, once the family resolves their issues. Well, that day finally comes, but instead of settling the bill, they hire a new lawyer and leave the senior counsel holding the (empty) bag.<\/p>\n\n\n\n
The senior lawyer receives a notice of change of counsel. If he opposes, he risks being painted as petty or desperate. If he files an action for recovery, he faces years of litigation. And what about professional courtesy? Some incoming lawyers respect it, insisting the outgoing counsel be paid first. Others, however, fan the flames, encouraging clients to fight the debriefed lawyer rather than settle.<\/p>\n\n\n\n
Judges, too, are a mixed grill. Some take a stand, adjourning cases with stern warnings that \u201cCounsel must be paid their dues!\u201d Others shrug and say, \u201cCounsel, you know what to do,\u201d before moving on with their dockets. And what exactly are you supposed to do? Sue? You\u2019d better pack a lunch, it\u2019s going to be a long ride through our court system.<\/p>\n\n\n\n
For those handling election petitions, it\u2019s even worse. Imagine working for a governor-elect who refuses to pay you. Unfortunately, they’re protected by immunity. So, you have to wait for four or eight years before even thinking of filing an action. By then, they might have a new lawyer and even an amnesia.<\/p>\n\n\n\n
Here\u2019s my real question: Why didn\u2019t our learned drafters see this coming? A small section in the Rules of Professional Conduct could have solved this. Something like: \u201cNo litigant shall debrief a lawyer without first settling their fees.\u201d Boom! Problem solved. But instead, we get vague advice about \u201cprofessional courtesy,\u201d as if all lawyers naturally understand courtesy. (Spoiler alert: they don\u2019t.)<\/p>\n\n\n\n
Worse still, there is no provision for expedited recovery of legal fees. In Lagos High Court, for instance, getting a case assigned can take months. Add mediation, case management, and appeals to the mix, and you are looking at years of litigation. All the while, the client who owes you has the funds to hire another lawyer to continue the case and yet another to fight your recovery suit.<\/p>\n\n\n\n
So here we are, stuck in a system we built, scratching our heads at how we managed to turn ourselves into unpaid interns. Why should clients get to play this game? Why should lawyers be left to chase after their hard-earned fees like contestants on Who Wants to Be a Millionaire<\/em>?<\/p>\n\n\n\n It doesn\u2019t make sense. It never will. And until we fix it, lawyers will remain the most underappreciated, overworked professionals in Nigeria.<\/p>\n\n\n\n My Grouse!<\/p>\n","protected":false},"excerpt":{"rendered":" In Nigeria\u2019s legal practice, the Rules of Professional Conduct and the Legal Practitioners\u2019 Act are the twin pillars guiding the conduct and ethics of our profession. They cover everything from diligence to decorum, even providing a mechanism for recovering unpaid legal fees. But here\u2019s the kicker: when it comes to lawyers getting debrief without settling […]<\/p>\n","protected":false},"author":9,"featured_media":87858,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_hide_featured_image":false,"_jetpack_featured_image_duplicate_dismissed":0,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[34],"tags":[],"class_list":["post-87979","post","type-post","status-publish","format-standard","has-post-thumbnail","category-my-grouse"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t