LEX PRIMUS BARRISTERS & SOLICITORS

www.lexprimus.com CHAMBERS vs. LAW FIRM

In the over one hundred years since the Supreme Court Ordinance of 1876 provided for the categories of persons entitled to practice law in Nigeria no term has been more prone to abuse as the use of the term “chambers” to designate a legal practitioner’s place of business.

The 1876 Ordinance provided for professionally qualified legal practitioners and local attorneys to practice in Nigeria, by 1914 however the class was delineated to only persons qualified as barristers and solicitors in Britain.

To qualify as a Barrister, one had to join an Inn of Court (Middle Temple, Inner Temple, Lincoln’s Inn and Gray’s Inn), entry qualification was a school leaving certificate.

The Inns together formed the English Legal Council, attendance of the lectures they arranged was discretionary. What was compulsory was the keeping of 12 dining terms, four every year for three years. However after 1967 lectures became compulsory.

On passing both the Bar Part1 and Part 2 exams and keeping all dining terms, a person became entitled to be called to the Bar by Benchers of his Inn, thereafter he enrolled at the Supreme Court of England.

Successful candidates undertook a compulsory three-month post call practical course and had to do a one-year pupilage in a Barrister’s law chamber (note that the operative word is “chamber”).

Graduate barristers on the other hand were persons who had law degrees which although was not a prerequisite for being a barrister, it entitled the holder to be exempted from some parts of the Bar Part 1 examination.

Solicitors, however had to be articled to a solicitor’s law office for a period, entry qualification was also a school leaving certificate. The Law Society (the governing body for solicitors) organised Solicitors Part 1 and final examinations for solicitors. While a law degree was also not required/compulsory, the holder was entitled to spend two years instead of the usual four years under articleship.

In England then and as is still the practice, both professions were separate and distinct and attempts by the Lord Chancellor a few years ago to blur the line was met with stiff opposition.

A Solicitor is the general adviser to citizens: he draws up leases and conveyances, drafts wills, prepares commercial agreements and gives legal advice on all matters to clients. Where a legal dispute is going to court, he appoints a barrister to settle pleadings and conduct the case in court. The solicitor also seeks legal advice from the barrister from time to time on behalf of his clients.

Barristers on the other hand earn their livelihood from representing litigants in court. They also give legal opinion on matters referred to them by solicitors. Barristers are

Godwin Tom-Lawyer LLB (Hons). BL. ACTI. LLM (Wales). otary Public. [email protected] LEX PRIMUS BARRISTERS & SOLICITORS

www.lexprimus.com appointed in a case by the solicitor, the former have no direct dealings/contact with the litigant.

Fortunately or otherwise, this distinction was not maintained in Nigeria with the resultant effect that several defects were noted in lawyers trained in England, a direct consequence of the fact that while they were trained as either Barristers or Solicitors and could only practice as such in England, on their return to Nigeria they practiced as both.

These deficiencies necessitated the appointment of the Unsworth Committee in April 1959, its terms included considering and making recommendations for the future of legal education and admission into practice. The Committee recommended amongst other things, that Nigeria should establish its own system of legal education, a Nigerian Law School to provide vocational course. Qualification for admission to legal practice in Nigeria should be a degree in law from any university whose course for the degree is recognised by the Nigeria Council of Legal Education and the vocational course prescribed by the Law School.

Most of its recommendations were accepted and implemented, and in 1963, the Nigerian Law School opened. Its vocational course included and still includes subjects touching on both Barristers and Solicitors training.

Hence the 1962 Legal Practitioners Act now LPA Cap 27 1990 Laws of the Federation of Nigeria defines a legal practitioner in Section 24 as a person entitled in accordance with the LPA to practice as a barrister and solicitor, either generally or for the purpose of a particular office or proceeding.

Section 2(1) LPA states that subject to the provisions of the Act, a person shall be entitled to practice as a barrister and solicitor, if and only if his name is on the roll kept by the Chief Registrar of the Supreme Court of Nigeria, as he will be entitled to have his name on the Roll if he has been called to the Bar by the Benchers and he produces a certificate of call to Bar to the Registrar – see Section 7 (1) LPA.

Conditions for call include Nigerian citizenship, production of a qualifying certificate to the Benchers, satisfying the Benchers of good character. By the Legal Practitioners (Amendment) Decree No. 9 of 1992, however Nigerian citizenship is no more a prerequisite.

By his training and standing, a legal practitioner in Nigeria is entitled to represent litigants in any proceedings and in preparation of documents relating to proceedings in court, statutory declaration of compliance with procedure in company formation, conveyancing, preparation of documents for probate or letters of administration. From the above, it is obvious that a legal practitioner in Nigeria is entitled to and does practice as both a barrister and solicitor.

It is pertinent to note that in Nigeria the rules that govern the legal profession do not provide for a division of the profession into Barrister and Solicitor categories as expounded above. Furthermore, the entitlement to practice as Barristers and Solicitors (Federal Officers) Order enables all officers in the schedule to practice as barrister and solicitor. Again there is no division.

Godwin Tom-Lawyer LLB (Hons). BL. ACTI. LLM (Wales). otary Public. [email protected] LEX PRIMUS BARRISTERS & SOLICITORS

www.lexprimus.com The only reference to a person practising only as a barrister is in Section 2(2) Legal Practitioners Act; that is persons applying to the Chief Justice of the Federation for permission to practice for the purposes of a particular proceedings and appeals brought in connection with those proceedings.

The conferment of the rank of Senior Advocate of Nigeria is in acknowledgement of the fact that the legal practitioner in question has decided to hone his skills in the valley of litigation rather than the plateau of solicitor’s work which is arguably less time consuming, less tedious and more profitable than the former. Yet, Senior Advocates are not prohibited from engaging in solicitor’s work but restriction is placed on documents where the prescribed fee is less than N400 (this section may however in line with present economic realities have to be reviewed upwards).

In America where there is also a fused system of practice, a lawyer’s place of business is called a law firm or law office, though having regard to the historical evolution of the latter; the former would seem more appropriate.

Finally it must be stated that in the light of all the above, the proper expression to denote the place of business of a legal practitioner is law firm and not chambers. Furthermore, as firms, which claim to be strictly into litigation and advocacy, perform solicitor’s work every time they interview clients and give advice!

Godwin Tom-Lawyer ©

Godwin Tom-Lawyer LLB (Hons). BL. ACTI. LLM (Wales). otary Public. [email protected]