Essence of practising fee

Section 8 of the Legal Practitioners Act (Laws of the Federation 2004) which provides for right of audience and precedence states that no legal practitioner other than a person for the time being exercising the functions of the office of Attorney-General, Solicitor- General or Director of Public Prosecution shall be accorded the right of audience […]

Section 8 of the Legal Practitioners Act (Laws of the Federation 2004) which provides for right of audience and precedence states that no legal practitioner other than a person for the time being exercising the functions of the office of Attorney-General, Solicitor- General or Director of Public Prosecution shall be accorded the right of audience in any court in Nigeria in any year, unless he has paid to the Registrar in respect of that year, a practising fee as is from time to time prescribed by the Attorney-General of the Federation after consultation with the association.
Rule 9 of the Rules of Professional Conduct for Legal Practitioners (2007) provides that a lawyer shall pay his annual practising fees not later than 31st March in every year. In the case of lawyers who are enrolled during the year, the fees shall be paid within one month of the enrolment. A lawyer shall not sign documents, pleadings, affidavits, applications, instruments, agreements, letters, deeds, memoranda, reports, legal opinions or similar documents, or process or file such documents as a legal practitioner, legal officer or adviser of any governmental department or ministry or any corporation when he is in default of payment of his annual practising fee.
A High Court Judge in Kaduna Judicial Division recently read a letter sent to his Lordship in open court requesting payment of practising fee by all lawyers on or before the 31st day of March 2014 as defaulting lawyers would be refused right of audience in court. Also, the Nigerian Bar Association has sent a circular dated 13th February 2014 informing its entire members that the annual payment for the Bar practicing fee has commenced from January 1st to March 31st, 2014.
The circular went further to state that all legal practitioners enrolled at the Supreme Court of Nigeria whether in private, public or corporate practice are required to pay their practising fees. The schedule of fees is as follows;
Senior Advocates of Nigeria and Honourable Benchers, N50,000.
Legal practitioners of 15 years or more standing post call, N25,000.
Legal practitioners of 10 years or more standing, but less than 15 years post call, N17,500.
Legal practitioners of 5 years or more standing, but less than 10 years post call, N10,000.
Legal practitioners of less than 5 years standing post call, N5,000.
It is imperative to note that legal practitioners are expected to pay their practising fees in full before the 31st day of March, 2014 failing which defaulters risk the forfeiture of every right which a legal practitioner enjoys in court, corporate practice or an in-house counsel and loss of other rights and privileges generally. All legal practitioners are also reminded that failure to pay their practising fees as at when due constitutes a gross act of professional misconduct and it will be so treated.
These all go to show the essence of practising fees in our noble profession; it is what gives the legal practitioner, apart from being called to the Bar, the license to act as one and young lawyers are not exempted from this payment irrespective of the challenges they face in the profession. In my humble opinion, law firms should help alleviate the plight faced by young lawyers in the legal profession by shouldering this responsibility for the young lawyers under its employment, the welfare of a young lawyer should be of concern to the law firm as it would in turn improve the services the young lawyer would render to the firm.
Most law firms find it difficult to support young lawyers when it comes to Bar practising fees and branch dues, yet they expect such young lawyers to be active in Bar politics and activities when it is trite knowledge that one cannot give what it doesn’t have. Change is in the young!
If our elders are desirous of encouraging young lawyers’ participation in Bar activities, then they should help by paying the young ones requisite fees. Young lawyers at the early stage of practice need encouragement from the seniors who are already well established in the profession, and what better way to show that you care for the young lawyers under your care than by paying for their mandatory annual fees. “Young lawyers should be encouraged, not discouraged.”
Do send your comments, observations and recommendations to [email protected]