Hold your brief firmly

This young wig was in court one fateful day, when a lawyer asked for adjournment on the ground that the substantive counsel handling the case had travelled out of jurisdiction for another case and he was just holding brief, as such he was not familiar with the facts of the case to proceed with the […]

This young wig was in court one fateful day, when a lawyer asked for adjournment on the ground that the substantive counsel handling the case had travelled out of jurisdiction for another case and he was just holding brief, as such he was not familiar with the facts of the case to proceed with the hearing of the matter. The presiding magistrate was apparently appalled by this application and cautioned counsels in court that he is being assessed by NJC on the number of cases that actually go on or struck out and not on the number of adjournments he grants.
It is common practice in the legal profession for a lawyer to hold brief for another lawyer for one reason or the other.  As it happens, there is often that case that conflicts with another case on the lawyer’s diary, and the lawyer being human without the powers to be in two different places at the same time would need another lawyer with a clear date to help him out.  This is mostly where holding brief comes to play.
As a young wig, one has to be careful when holding brief for another counsel because once the preliminaries of a case have been completed, namely service of writ, entry of appearances, it then becomes the duty of counsel to keep himself abreast with the business of the court.  A counsel, therefore cannot be heard complaining to the court that he is not familiar with the facts of the case, the court would not listen and this may in turn have adverse effect on the case you’re holding brief for.  Take for instance, a motion exparte applying to restrain the Nigerian Police from arresting the applicant on the ground that they are not debt collectors could pose difficulty to a young wig holding brief if he is not familiar with the averments contained in the affidavit supporting the motion.
A lawyer has the general duty to protect the interest of his client, when another counsel decides to hold his brief on his behalf, that same responsibility transfers to the counsel holding the brief. As such, he ought to adequately represent the client to the best of his ability even though he doesn’t know the client. A lawyer as a minister in the temple of justice also has a duty to assist the court in the quick dispensation of justice. ‘Justice delayed is justice denied.’
On duty on counsel holding brief, it was held in PRUDENT BANK PLC v. OBADAKI {2012} 2 N.W.L.R {part 1285} page 526, paras G-H per  NWODO JCA “… the fact that a counsel holds brief does not mean he is stripped of the right to consider and act on legal issues arising out of the matter in which he represented a party in court. Once in court the presumption is that he is seized of the matter on course…”
As a young wig, there is nothing wrong with holding brief for a learned colleague, but to be on the safe side, ensure to familiarise with the facts of the case before going to court as the presiding Magistrate, Judge or Justice might have a question or two to ask relating to the facts of the case. If the case is slated for motion prepare adequately to move same, if it is to seek adjournment proffer a more considerate excuse than the substantive counsel is away.  It is better to be ready before going to court than to go to court and be embarrassed for little things you didn’t pay attention to.
The courts currently frown at the practise of young wigs coming to court simply to adjourn cases, and while it is true that certain stages of proceedings cannot be handled properly by a young counsel due to inexperience on the job e.g Hearing of the case {where cross examination of witness is required}, there also exist stages of proceedings that if a young wig adequately prepares himself before going to court, he could easily handle, example Mention, Motions, Pre trial Conference et al.
A young wig can only grow in this profession with constant practise, without it one is just observing.

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