28
BUSINESS DAY
C002D5556
INDUSTRYFILE
THE YOUNG BUSINESS LAWYER
Etomi joins other African, SADC, European lawyers in Zambia to chart course for globalisation of legal services
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op Energy lawyer and Principal Partner, GEPLAW, George Etomi was among 150 participants drawn from across the Southern Africa Development Community (SADC) countries and other parts of Africa to network, discuss and learn from lawyers across the globe about the effects of globalisation on legal services at the 2018 edition of the ‘Globalising Your Legal Practice’ conference in Zambia. The two-day programme organised by the International Bar Association (IBA) and the European Lawyers Foundation (ELF) in collaboration with the Law Association of Zambia, featured speakers from the International Trade in Legal Services Committee (ITILS) and the Bar Issues Commission (BIC) of the IBA, including the pioneer Chair of the NBA Section on Business Law, George Etomi. The programme which took the form of a series of training programs was aimed at assisting African lawyers prepare to deal with the effects of globalization of legal services. Following the models successfully used for the previous conferences held in Zimbabwe (2016) and Kenya (2017), facilitators from the ITILS and the BIC worked closely with their African counterparts to examine viable options for lawyers drawn from the 15 countries that constitute the SADC can deal with the challenges of globalisation while similarly harnessing the opportunities that attend globalisation of legal practice. Speaking at the conference, Ben Greer, a retired Partner in the Law Firm of Alston & Bird LLP, a large international law firm headquartered in Atlanta, Georgia, United States of America (USA), and past General Secretary of the IBA gave an overview of the origins of globalisation tracing same to the World Trade Organisation (WTO)’s desire to remove the barriers to trade in goods or services across the globe. Greer acknowledged that the pace of acceptance of globalisation had varied across the different regions of the world but stressed that all lawyers needed to continue to work hard in innovative ways to remain relevant. In his contribution, Jonathan Goldsmith, the Chair of the ITILS urged participants to take a cue from the EU, which had facilitated the integration of legal services in the region. According to Goldsmith, lawyers in the EU are presently free to practice both EU law and the laws of their respective home countries. He also noted that the integration policy had been in place for over three decades with little or no conflict over the policy. Goldsmith added that the benefits of globalisation far outweigh its deficiencies and therefore urged African lawyers to take full advantage of the phenomenon. Following the presentations by Greer and Goldsmith, a number of participants from the SADC made their presentations in which they expressed their concerns about the effects of globalisation and the pos-
Bar leaders of the SADC, Government Representatives and members of the IBA team
sible loss of legal market share to foreign lawyers seeing that lawyers in SADC countries have hardly been availed of the opportunity to participate in the sort of briefs that attract foreign lawyers. One of the major concerns revolved around the perceived preference of foreign law firms by African governments who happen to be the largest consumers of legal services. According to the presenters, African governments regularly engage foreign law firms to advise on various transactions without seeking the input of local law firms or requesting that the foreign law firms collaborate with the local law firms to ensure a transfer of the skills necessary to compete in the future. To address the concerns raised by other African lawyers, George Etomi, made a presentation on ‘Eliminating the Barriers to Cross Border Legal Practice in Africa’ expressing his desire to see African lawyers increasingly collaborate with one another. He challenged lawyers associations across the African continent to work out an integration system to empower lawyers on the continent harness their resources for mutual benefit. He said, “Globalisation of legal practice in Africa was primarily driven by the influx of foreign investment into the African continent and cross-border legal practice was more inter-continental than it was intracontinental. However, a number of foreign law firms in recognition of the opportunities for cross-border legal practice in Africa have either opened offices on the continent or formed legal alliances with local law firms.” Etomi thus, challenged African governments to cooperate with lawyers associations to address the major barriers to intra-continental legal practice, such challenges including Border/Immigration Requirements, and Jurisdictional Limits. He faulted the existence of stringent entry requirements imposed by many African countries on citizens of other African countries, which make travel within the continent difficult. The GEP principal partner also called for a review of the laws and practice requirements that bar other Africans from either being called to their Bars or engaging in legal practice within their domains. Promoting continental integration through the faithful implementation of economic treaties on free movement of goods and services will facilitate cross-border legal practice
Thursday 26 April 2018
in Africa, according to Etomi. He similarly urged other countries to emulate Ghana, which has introduced more liberal admission requirements for intending legal practitioners from other African countries. Earlier, the Honourable Minister of Justice of the Republic of Zambia, Given Lubinda who was accompanied by the Honourable AttorneyGeneral of Zambia, Likando Kalaluka had declared the conference open. In separate speeches, both gentlemen acknowledged the reality of globalisation and concluded that the legal profession in Africa was not immune from the wave of globalisation. Lubinda and Kalaluka both urged lawyers in the SADC to engage in the relentless pursuit of excellence to remain competitive in a globalized environment. They also pledged their support for programs, such as the Globalising Your Legal Practice conference, able to assist lawyers improve their skills in providing legal services. Both senior government officials also particularly thanked the IBA and the ELF for the initiative while hoping for more of such in the future. Dignitaries at the conference included Minister of Justice of Zambia, Hon Given Lubinda; the AttorneyGeneral of Zambia, Hon. Likando Kalaluka; Member, ITLILS, Mr. Thierry Ngoga of Rwanda; Former President of Law Society of Zambia, Mrs. Kondwa Chibiya-Sakala; Mr. James Banda, former President Law Society of Zambia; Current President of the Law Society of Zambia, Mr. Eddie Mwitwa; Diana Sichone, Secretary & Director, Securities and Exchange Commission, Zambia; Alonso Hernandez-Pinzon of the European Union; Juan Javier Negri from Argentina; Jonathan Goldsmith from Belgium; Alison Hook from England; Ben Greer from USA and George Etomi from Nigeria. Speaking the BusinessDay after the event, Etomi disclosed that the Conference on ‘Globalising Your Legal Practice 2018 edition’ provided a great opportunity for lawyers from the SADC countries and other parts of Africa to network and learn from other lawyers including facilitators from the ITLS and the BIC. “We also engaged in a number of practical exercises as well as outdoor activities including visits to the Victoria Falls. The experience is one that all participants will continue to cherish for a long time to come,” he said.
Now let us talk welfare! (2)
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s I hold the pen on this page, I realise that I must be very careful, why do I say so? No one has the prerogative to prescribe rules (outside the prescriptions of the professional bodies to which we all (as members) subscribe) to any lawyer on how best to run his business as our realities are different. Nonetheless, there is an imperative need for standards and those standards while taking account of realities per time, must be reasonable and proffer a balance between profitability, sustainability, organisational and personal success. In my opinion, that balance is the yardstick and should inform policy, management and practice structure. So, on this basis, I will opine on these other issues that daily beleaguer our legal community of young lawyers. First on the list after remuneration would be the fact that for a large part, young lawyers do not have any benchmarks or competency measures to which they can grade their growth over time. Until recently, not too many organisations had clear and pragmatic gradations for promotions, sequence for pay increase and more poignantly, the career path of their lawyers. Put simply, many young lawyers are on a journey to no known destination, some may spend 10 years before they move to the next stage and even then, without skill or competence. This is more common with law firms and it is not okay. While the primary duty for development or growth is that of the young lawyer, it is necessary that benchmarks for growth and competence endorsed by the larger body of lawyers be clear from the start. In many law firms, there are till date no stages of progression in place, no competency measures, and no clarity on the areas of expertise within which they are to work and grow. This kind of “structure” cannot make for progress of the body and when we speak of the drop-in quality and capacity of lawyers, this is the most germane cause. You cannot progress or plan for what is unmeasured. In my opinion, continuous legal education remains a myth until the approach becomes statistical and scientific with predictable outcomes in view per time. While there are many lawyers who have thrived in spite of the system, pockets of success do not make for substantive impact for the bulk. Also, this process cannot be driven by the young lawyer’s efforts alone as in certain cases, the problematic paradigm that the young lawyer must “pay dues” to get work, to get pay or earn a promotion without clear yardsticks make it difficult to define what decisions they should be making about their career. The Nigerian Bar Association through its various sections has in recent times taken steps to resolve this issue; the efforts made in this regard must be consolidated to result in visible impact on the community we service. Next in line would be abuse and non-professionalism. Renowned motivational speaker, Dr. Myles Munroe (God rest his soul) had an anthem, “when purpose is not known, abuse is inevitable”. The lack of clarity on purpose referred above provides some explanation. Young lawyers need not suffer to be qualified to grow, this prevalent paradigm is primordial. There are reports of young lawyers being asked to buy food, sweep offices, go and pay children’s school fees and in some cases, do several ludicrous acts in the name of work. It must be first understood that a firm or organisation that employs lawyers
purports to be set up for business. The ethos of professionalism and mutual respect is critical and must be complied with across board. This is a large contributor to earning the trust and respect of the community we service. Physical abuse? This is a crime to say the least and should not be trivialised. We could go on and on about this point but I will end here and state that if there is a profession that prides itself in decorum, it is the legal profession.; as such, we should not pay lip-service to the notion, we should live it out in every way. Mentoring and the need for inclusion in more challenging work are also critical issues for consideration. Work allocation to young lawyers is subjective and there is no hard and fast rule, same for mentoring. I imagine this to be a relay race; the competence of the succession is critical and should match or even surpass that of the preceding runner. The overriding mindset should at all times be intentional training towards competence. Where the concerns outlined above relating to the prescription of competency measures are dealt with, work allocation would not even be up for discussion. In addition, it is my view that more comfort should be expressed with the development of young lawyers. The insecurities that ensue are valid and cannot be obviated; however, an investment in a young lawyer is paying it forward, the benefit does come around. Lastly and I would say most important, would be the creation of a healthy working environment. Environment in this context transcends, air conditioners and a pretty office, it is the structure that is put in place to enable a good work flow and wellness. Are there policies that govern relations between the human resources? Is there a healthy leave policy? Hours of work? Team enhancement activities? It is rumoured that substance abuse amongst lawyers is now at its highest. The demands of the market mandate increased output but this should not be a ground for letting our wellness go. Stress induced slumps at work, health breakdown from consistent unhealthy work habits all need to be cut down significantly. Young lawyers while in school have faith that the profession holds promise; many have been severely disappointed and a vast majority are trudging on without home in view. Critical resolutions to these issues and the many more that for want of time cannot be elaborated on, are required and that right early. Again, my two cents. Oyeyemi Oyeyemi Aderibigbe is a Senior Associate at Templars. She is also the current Vice-Chairman of the Young Lawyers’ Forum of the Nigerian Bar Association -Section on Business Law and the Young Lawyers’ Committee Liaison Officer of the African Regional Forum of the International Bar Association. Feedback – Oyeyemi.aderibigbe@ templars-law.com ; yemiimmanuel@ yahoo.com. The column gives perspective on various issues young lawyers deal within the course of their career and how they can optimise their journey.