In
these turbulent economic times, many law firms in the country are
experiencing a general reduction in patronage, as a result of which
there is an increasing need for the young lawyer to constantly improve
on the skills acquired by taking certain precautions which would stand
him out.
1. Prepare your case thoroughly
and from both perspectives of the contest. Counsel must be fully
prepared to go on with the case and not seek unnecessary adjournment
thereby wasting the court’s time. Court may refuse application for
adjournment and proceed with the case. See Awolowo V. Takuma
FCA/L149/82. The first step towards avoiding pitfalls particularly for a
young, inexperienced lawyer is to carefully and meticulously study and
properly understand the facts, the relevant and applicable laws. This
ordinarily would entail a great deal of patience, dedication, devotion
and attention to minute details.
It is only after the young lawyer has
thoroughly studied the fact of his client’s case alongside the
provisions of the relevant and applicable laws that he can hope to
prepare adequately and have a rewarding outing at the court.
2. Do your work as an advocate,
but your opponent is still your learned friend, and you have no personal
dispute with the litigants on the other side. The adversarial contest
should not go beyond the cuts and thrusts of the court proceedings. It
is worrisome how some lawyers make the court process a matter of do or
die as opposed to the ideal process it should be: for the peaceful,
orderly and just resolution of disputes. Some lawyers would desecrate
the hollowed chambers of the temple of justice and reduce it to a war
theatre where every means, whether fair or foul, is displayed to win at
all cost.
For example, Justice O. A. Williams
of the Ikeja division of the Lagos High Court had this to say about a
senior lawyer: “I do believe that this ruling will not be complete
without a word on the conduct of Mr. Chambang that was referred to by
the learned Silk. Mr. Chambang must have forgotten that he would still
have business in this court, as well as his duty to serve the best
interest of his clients who employed his services when he stormed out of
court on the 30th of January, in the middle of proceedings.
“Now he is back with his tail
between his legs seeking the exercise of the discretion of this court in
his favour or in the favour of his clients. Counsel would do well not
to personalize issues or get overly emotional about a matter. That is
not a mark of maturity or true professionalism. A true professional
takes matters in his stride, confident that there is a higher court that
can redress any ill he may have suffered. When counsel act
contumaciously they tear the very fiber of the honour of their
profession. I hope Mr. Chambang will learn to take a firmer grip on his
emotions in future as this court may not take such a lenient view of
such conduct should it be repeated.”…..Suit No. ID/331/76
3. Do not lose credibility at the Bar. The judge should be able to rely on the veracity of your statements from the Bar.
4. Do not compromise your professional integrity or reputation for money.
5. Do not trust witnesses - they can let you down any time.
6. Do not go to a “fishing trip”
in examination of a witness - you may not like the catch. In other
words, have a good idea of the possible answer before you ask a
question.
7. Maintain cordial relations
with colleagues. The profession is so cohesive that you will always run
into your colleagues at all levels of the profession.
8. Don’t be in a hurry to
become the court jester; until you have acquired the skill of
introducing some humour into your advocacy to dilute the seriousness of
the court proceedings, be content to listen to jokes by your seniors.
9. Be smart enough to know when
someone attempts to pick your brain for nothing. Don’t give gratuitous
legal advice. Your sound legal advice should be for a consideration.
10. New wigs should regard their certificates as passports to knowledge not of knowledge.
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