Legal Nigeria

COVID-19 Pandemic: The Impact on Law Practice in Nigeria – Olumide Aju, SAN

Olumide Aju, SAN

1. WHAT IS THE NATURE OF ITS IMPACT ON LEGAL PRACTICE?

Legal practice is a service industry; any disruption in the economy resultantly affects legal practice. So far, the prognosis of the pandemic on the economy is that manufacturing companies and supply lines will be disrupted, stock markets are stumbling, private equity firms will find it difficult to raise money for acquisitions in the short term, Oil prices is now at a1l year low, this means the Nigeria economy and the world economy at large is going to be negatively impacted. Law practice ultimately follow the fortunes of the economy, I pray that it will not be only Bankruptcy and Insolvency lawyers that will be in demand in the immediate period after this crisis

2.WHAT WILL BE THE BEST COPING STRATEGIES FOR LAWYERS AT THIS TIME?

The reality of the pandemic is that lawyers must now work remotely. The chief justice of Nigeria has directed that court sittings must be suspended until further notice (except in limited cases), Therefore law firms must now invest in infrastructure that enable their staff to work from home or outside the office. It is also important that law firms keep in touch with their clients during this lockdown otherwise they may loose those clients. It will be a big mistake for lawyers to consider this lockdown as a forced holiday. Law firms should ensure their workforce is kept and protected during this period. They must invest in necessary infrastructure that enable their staff to work from home, and set up the necessary protocols for the operation of that external office, but lastly this crisis should be a period of deep introspection. Lawyers must now have long term plans for the future of their practice

3. DO YOU SEE THE COVID-19 CRISIS WORSENING THE PROBLEM OF CONGESTED COURT DOCKETS IN THE COUNTRY?

The direction given by the CJN suspending court sittings until further notice (save for the limited cases) will certainly congest the court dockets once the court reopens, however this crises presents a good opportunity to retool the infrastructure in the entire legal system to ensure that court sittings and hearings can now be technology driven. Additionally, the various rules of court and the enabling laws that set up these courts must now be amended to allow for virtual court sittings and hearings. This is a necessity even after the lockdown is over.

4.WITH DISRUPTIONS IN CONTRACTUAL AGREEMENTS, PARTICULARLY IN TERMS OF DELIVERY TIME, IN MANY SECTORS; DO YOU SEE A SURGE IN LITIGATION AT THE END OF THE COVID-19 CRISIS?

I expect that this disruption will trigger various disputes largely due to failure to perform or delayed performance of contractual obligations .For example questions will arise as to whether this crisis constitute a force majeure event. This dispute should not necessarily end up in litigation, it is important that lawyers should advise their clients to mediate these dispute with a view to renegotiating those contractual rights impacted by this crises

5.HOW DO YOU ASSESS THE PALLIATIVE MEASURES ROLLED OUT BY THE CBN/FEDERAL GOVERNMENT TO KEEP THE ECONOMY AFLOAT?

Government measures should include policies that will kick-start the economy immediately after the lockdown. This will include policies that protect all existing employment particularly in the more vulnerable sectors. Government should see this crisis as one that provides an opportunity in disguise to grow the economy in other areas.

6. GIVEN YOUR EXPERTISE IN CORPORATE LAW, WOULD THERE BE A NEED FOR ANY NEW LEGISLATION OR AMENDMENTS TO EXISTING LAWS TO HELP BUSINESSES COPE WITH THE SHOCK OF THE PANDEMIC?

There is an urgent imperative to avoid a recession as much as possible, therefore government should now design a broad-based policy to immediately kick-start the economy as a result of this crises beyond the palliative measures that is now been implemented

7. ARE THERE LAPSES IN OUR LAWS THAT MUST BE BLOCKED IN ORDER TO MAKE OUR BUSINESS ENVIRONMENT MORE CONDUCIVE FOR CORPORATIONS TO THRIVE?

If existing laws are actively enforced and regulatory bodies are alive to their responsibilities, companies will thrive within the existing laws and regulations.

8. WHAT IS RESPONSIBLE FOR THE HUGE DIFFERENCE BETWEEN THE VERY SUCCESSFUL LAWYERS AND THE MANY WHO SEEM NOT TO BE MAKING HEADWAY IN THE PROFESSION?

I don’t know what you mean by very successful lawyers but if you are thinking about a group of lawyers that I also have in mind, you will find a common trend; they have cutting edge skills in their areas of practice, they have been consistent over the years, they are hard working, but more important they deliver real value to their clients.

9. HOW LONG DO YOU THINK A YOUNG LAWYER SHOULD WORK FOR SOMEONE BEFORE SETTING UP THEIR OWN PRACTICE?

At least 5 years in firm that offers good training.

10.WHAT IS THE ADVICE YOU ALWAYS GIVE TO YOUNG LAWYERS?

The legal profession is a very noble profession, therefore a young lawyer must build a very good reputation for himself from the very beginning and through out his professional career, His work must be impressive, he must also exhibit the highest level of honesty, integrity and candor to his client, professional colleague and the legal profession as a whole. As I advanced in my professional career. I found out, time and time again, that a large part of instructions come from referral, and most times from professional colleagues. The profession is a very small community and we know among ourselves the lawyers acting professionally and appropriately.

Young lawyers must also set their goals very early in their professional career. They should write down them down, and measure their performance against these goals from time to time. Where do you want to be in your career in 5,10, 15 or 20 years? As a student we were wrongly told that a lawyer in private practice does not retire. The truth however is that after a particular age, you start loosing your appeal to attract client and your health could fail earlier than you think except you are very luck. So part of that goal must necessary include a retirement plan.

Early in your career, identify a senior to mentor you. He could be one that you admire his specific skill either as a barrister or as a solicitor, but overall, he must be one that his entire life inspires you for all the right reasons.

Finally, you must continuously develop yourself.

Olumide Aju, SAN