It’s time for my own law firm?

Black’s Law Dictionary (2nd Pocket Edition) defines a law firm as “an association of lawyers who practice law together, usually sharing clients and profits in a business traditionally organised as a partnership…” This could also be by sole proprietorship.  The Legal Practitioners Act provides that a person shall be entitled to practice as a barrister […]

Black’s Law Dictionary (2nd Pocket Edition) defines a law firm as “an association of lawyers who practice law together, usually sharing clients and profits in a business traditionally organised as a partnership…” This could also be by sole proprietorship. 

The Legal Practitioners Act provides that a person shall be entitled to practice as a barrister and solicitor if, and only if, his name is on the roll, i.e. a gentleman (either in trousers or skirt) fit, proper and called to the Nigerian Bar. In essence, a barrister at law has the right to establish his/her own law firm. However, there is a difference between having the legal capacity to set up a law firm and the ability to manage one effectively. A law firm is the sanctuary of every lawyer; it’s the oven where the law practice of a lawyer is baked and thus forms an integral part in the development of a lawyer.

An ideal law firm is expected to be situated in an enabling environment and must have both supporting staff and fee earners. The mandatory supporting staff a law firm should have are the accountant, receptionist/secretary, with at least one lawyer as the fee earner, making a total of four staff. In the Nigerian society the reverse is the case as we most times find duplicity of functions finding its way into law office management as one man appoints himself the principal partner, head of chambers, accountant, litigation clerk, then appoints a secretary as the only staff in the office and then expects his law practice to be tidy and efficient, forgetting that, “You cannot put something on nothing and expect it to stand.” 

Some young lawyers, after spending two to three years with a law firm, believe they have acquired the requisite knowledge and skill to establish their own law firm; especially as their pay check is very low. These young legal professionals, either by coming together as a partnership or by sole proprietorship, decide to establish a law firm with a view to making headway in practice. While it is not a bad idea to set up a law firm at any stage of your professional career, one must be fully aware of the repercussions of rushing too early to set up one.

 I understand that the low pay, poor welfare and neglect of the needs of young legal professionals by senior colleagues are enough reasons to want to be free and independent, yet, one must be careful in making such hasty decision. 

A law firm needs a leader with tenacity, who is fair, firm, friendly and understands the rigours and tricks of the legal profession. He must be capable of adapting to the legal system as it changes, as well as carry his team along in all activities of the law firm. He must have assistance as the job is enormous and bulky for one man to handle, even the smartest lawyers in town need someone to confer with once in a while. A law firm is expected to have a good client base to keep it busy always. Where it is without a good client base, ensure that the salary of staff for a complete calendar year is provided to avoid depending on the daily or monthly income of the firm. This way, even if the firm does not get a client for three months, it will still be running efficiently since her staff would be paid regularly.

The right time to establish a law firm would always come, but one must be prepared for the enormous task. Establishing a law firm starts from carving a niche for yourself in the legal profession (making a name), then having the financial resources to cater for the firm and personnel. Also, the library of a standard law firm must be up to date and well-stocked to enhance lawyers of the firm in litigation and advocacy. The world has transformed into a technology village, as such, a law firm which intends to compete with reputable law firms in the country must leave the dark age of analogue typewriter to functional electronic computer with at least a printer. 

I need not say that the environment of a law firm must be conducive, enabling and comfortable. While it is trite that the choice to set up a law firm is entirely up to the lawyer, I am of the opinion that anything worth doing is worth doing well. As such, any young lawyer desirous of establishing a law firm should wait for the right moment when all surrounding circumstances beyond mere personal conviction say you are ready to break free and be independent. 

God speed!

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