ESQ Legal Practice Magazine Sept-October 2022 Edition

VICARIOUS LIABILITY OF INDEPENDENT CONTRACTORS IN CONSTRUCTION PROJECTS

THIRD-PARTY FUNDING IN NIGERIA SEATED ARBITRATION PROCEEDINGS HEARSAY EVIDENCE IN NIGERIAN ARBITRATIONS: ADMISSIBLE OR INADMISSIBLE?

Theme:

Royalty

NIGERIAN LEGAL AWARDS Plot 2 & 3, Water Corporation Dr, Victoria Island, Lekki, Lagos

for table booking & enquiries

+2348132676084

06

NOVEMBER

esqnigerianlegalawards@gmail.com awards@esq-law.com

www.esq-law.com/awards @myesqlegal

Company Secretary/ In-House Legal Adviser Programme REGISTER

NOW

Speakers Adeola Olumeyan: Leo Okafor Sola Dosunmu Abidemi Ademola Ms. Firuzi Kwotal Augustine Edet

There is an overarching need for in-house legal o฀cers and counsel and company secretaries in the services of organizations to justify their being on the payrolls of these organizations as corporate or company secretaries and legal advisers. Company Secretaries and In-house lawyers need to enhance their performances and shore up their contributions to the overall performances of their respective organizations. Balancing governance and strategic influence between executive management and the board has become imperative to ensuring e฀ective Board oversight and performance.

17th - 22nd October,2022

Ghana

Enquiries & Sponsorship

+234 904 242 8483 training@esq-law.com @myesqlegal www.corebyesq.com

ADVANCED LAW FIRM MANAGEMENT

FOR LAWFIRM FOUNDERS, PRACTICE ADMINISTRATORS & OTHER MANAGERS

3th - 7th April, 2023

Mauritius

For enquiries,review requests and clarification,send on email to: Tayo:0813 2676 084 Edurance: 0805 4881 300 Funkle: 0903 6372 603

training@esq-law.com administrator@nbasbl.org www.corebyesq.com

LEVERAGING THE AFRICAN OPPORTUNITY AMIDST MOUNTING UNCERTAINTIES P68 |

P23 | LEGAL REPORT P30 | VICARIOUS LIABILITY OF INDEPENDENT CONTRACTORS IN CONSTRUCTION PROJECTS

P232 THIRD-PARTY FUNDING IN NIGERIA SEATED ARBITRATION PROCEEDINGS P36 | HEARSAY EVIDENCE IN NIGERIAN ARBITRATIONS: ADMISSIBLE OR INADMISSIBLE? P38 | BLOCKCHAIN TECHNOLOGY & THE LEGAL INDUSTRY

P80 | 20 HOT CASES IN LABOUR LAW

P83 | FLATS ARE CUTE 83 P84 | 4 LESSONS IN-HOUSE GCS CAN LEARN FROM LAW FIRM DATA BREACHES

THE

EMERGING AFRICAN STRATEGY

P91 | HOW TO START YOUR OWN LAW FIRM P94 | WHAT IS THE VALUE OF MY LAW PRACTICE?

The

Rising Effect Of The Metaverse on Intellectual Property Protection

LegalBoard: A key board specially made for lawyers

P45 | 3 TIPS TO LEVERAGE DIGITAL MARKETING TO GROW YOUR PRACTICE P58 | CRIMINAL JUSTICE

Automating Your Firm for more Productivity

P65 | FINANCIAL INDEPENDENCE FOR LAWYERS P68 | LEVERAGING THE AFRICAN OPPORTUNITY AMIDST MOUNTING UNCERTAIN P76 | MAINTAINING SANITY TRANSITIONING BETWEEN JOBS

Malta THE JEWEL OF THE MEDITERRANEAN

TESLA

THE

DEFENDER OF THE MASSES FEMI FALANA

Gearing to take over the world

Co-Founder/ Chief Operation Officer: Temitayo Samuel Managing Editor: Jumoke Oluade Head Of Training: Funke Jenrola Business Development Officer Ifeoluwa Ajijola Research & Development Associate Chidinma Ekenedu

temitayo

Samuel

Temitayo's background in finance and administration makes her an invaluable asset to Esq Trainings Limited.

She also holds the position of a community manager.

Temitayo is the brain behind some of the company's latest investment. She adds value by assisting lawyers with good ideas on how to translate legal expertise to profitability.

Olurotimi Akeredolu SAN Gbenga Oyebode MFR Kayode Sofola SAN Prof. Mrs. Yinka Omoregbe Dr. Bayo Adaralegbe Dr. Adesegun Akin-Olugbade MON Prof. Deji Adekunle SAN Mes. Ronke Sokefun Prof. Gbolahan Elias SAN Mr. Israel Aye Lilian Allosse Video Editor Samuel Sawyer

+234 803 526 9055 +234 901 207 2601 esqlegalpracticemag@gmail.com editor@esq-law.com trainings@esq-law.com

Polystar Building, 4th Floor, Maruwa Bus- stop

ifeoluwa

Ajijola Ifeoluwa is a Business Development Executive with over 4 years experience in Business Development, Copy writing and Lifestyle management.

She excels at creative thinking, Brainstorming and generating innovative ideas that tackles problems related to branding and marketing.

editor@esq-law.com

THE NIGERIAN RISING STAR AWARDS 2023

11

JUNE, 2023

for enquiries

+2348132676084 @myesqlegal esqnigerianlegalawards@gmail.com awards@esq-law.com www.esq-law.com/awards

Editorial

LEGAL ETHICS & TECHNOLOGY:

Are we ready?

Cloud computing is not without risks as there have been cloud data breaches in recent times. Since clients' information is privileged, it raises the burden of extreme confidentiality. Moving information to the cloud as well as sharing clients' confidential information sounds almost like facts, can with another party, in this a law firm base its analysis case, the cloud service of issues on a prevalent provider may defeat the dataset even though such ethics of client privileged might be gathered in an confidentiality. The breach untrusted manner? of cloud storage of a law firm can also raise serious One of the fundamental ethical questions. Hence, criteria for information-age data Security is a big lawyers to rapidly and question as law firms adopt accurately arrive at the truth technologies. is leveraging the benefits of analytics. However, According to analytics also offers us a DataBreaches.net, the never-before-seen American Bar Association opportunity for abuse. acknowledged that in 2015, Analytics can be upse ing. data breaches occurred in Your access to data in the about 25% of all U.S. law world and how you perceive firms with 100 or more it are both governed by a orneys. algorithms. This raises new risks for the ethical and legal There are many more ramifications. technologies being adopted

The adoption of technology in the practice of law is increasing speedily. According to Statista, Global legal tech market revenues reached $27.6 billion in 2021, and the industry is expected to expand at a Compound Annual Growth Rate (CAGR) of over 4% from 2021 to 2027.

Popular legal technology adopted includes artificial intelligence, cloud computing, big data and analytics. Public Tableau estimated that current technology can automate 23% of the work done by lawyers. Contracts management (44%), case management (42%), and governance, risk, and compliance technologies (37%) are the top three areas for technological software investment in the legal profession.

However, there have been identified risks arising from the use of these technologies that may water down the concept of legal ethics.

Artificial Intelligence is not

10 | Esq Legal Practice

without bias. Since AI algorithms are based on data sets supplied by humans they can not entirely guarantee fairness.

Scientists have affirmed that AI doesn't automatically consider ethical issues when analysing issues. The main ethical concern is to determine how the use of AI may be changing fundamental legal principles and to make sure that these important principles are upheld during the technological transformation.

Also, how do we juxtapose big data and analytics in law practice? In this age and time where misinformation

www.esq-law.com

by law firms with their emerging impacts on legal ethics. Are we to promote innovation at the expense of ethics? Technology will indeed reduce the time and money used in providing legal services. Yet, should the ease of doing business of law be a priority or the ethics of law practice?

Looking at the expertise and financial resources that go into building ethical AI, are law firms ready to build tailored AI, trained and designed to comply with legal ethics?

In some advanced climes, law firms are already investing in data security and some employ cybersecurity experts to ensure that clients' information is always secured. If we are still grappling with virtual hearings that can be hijacked by bad networks, bugs and ransomware, are we ready for the fusion of legal ethics and technology?

Are we ready to pay the price?

As we begin to marry technology with our law practice, lawyers need to ensure that their use of technology does not clash with their ethical responsibilities. Keep in mind that it is your responsibility, not the vendor's, to comply with ethical standards while looking for tech tools.

Simply said, you cannot delegate the duty. It's

www.esq-law.com

imperative to find out where the business keeps the data you enter into their software and what security precautions have been implemented. Additionally, ethical views that support cloud computing mandate that lawyers take reasonable measures to guarantee that the data is stored securely without third party access.

including new technologies (such as Legal Keyboard and Use of Blockchain in law practice), fashion, business, lifestyle, tourism, and legal reports featuring the latest developments in the legal world. As we release our monthly editions, we pledge to keep you anticipating more with our intriguing, enlightening, and amusing content.

We value your consistent readership through the years and staying as formidable support and partner in progress. We promise not to renege on our qualitative delivery and we believe you won't stop partnering with us.

Thank you.

With this, I welcome you to a scintillating and intriguing edition of the ESQ Legal Practice Magazine and I believe it will be an incredible experience. This edition explores the emerging issues arising from intellectual property rights in the Metaverse. The Legal Icon angle features the work of erudite Human Rights Defender, Femi Falana SAN, through the years. In an engaging interview, our editorial team sat down with the Partners of Stephenson Harwood LP and discussed their emerging African strategy and their plans to expand into the frontiers of Africa.

As usual, we have prepared bespoke articles and content that will leave you starstruck.

Sit and enjoy our featured personalities and firms.

Read our articles on different areas

Esq Legal Practice | 11

Major Article

The

Rising Effect Of The Metaverse on Intellectual Property Protection

By Adekola Thompson, Kehinde Adegoke, Omolara Ajayi

The metaverse is a word often heard in technology circles and some instances of everyday life. The impact of its technological innovation has crept into the legal sphere. Before proceeding, it is expedient to define some important terms.

What is the metaverse?

T

he growth of virtual reality technology has precipitated a plethora of possibilities that can exist in a virtual world.

Virtual Reality (VR) involves the generation of digital replicas of real-life situations

12 | Esq Legal Practice

through the production of 3D concepts and has created the framework for online gaming, social interaction, and even work lives. Within a broader context, this virtual spectrum creates a digital universe be er known as the metaverse.

The metaverse, however, is

not just a descriptive term for amalgamated virtual realities, it is a concept that integrates various virtual spaces into one 3D universe where users can live out real-life realities virtually.

The nature of VR especially in the gaming world explains at a microcosmic

level how the metaverse operates. This is T aptly illustrated by the video game, Second Life. Second Life facilitates interaction among users, encourages user-content generation, and promotes user freedom through the navigation of user-customized avatars.

The gaming platform operates on a model which simulates real-life se ings by not determining objectives for users but allowing them to act out real-life activities such as social interactions, watching

www.esq-law.com

movies, shopping, gaming, partying, and even content creation.

The scope of the metaverse however transcends the representation of real-life personalities by avatars in online games. The nature of work is transformed in the metaverse reality. Corollary to the remote working or work-from-home model, the metaverse enables an online work environment where employees and employers can interact in 3D offices using digital representations

www.esq-law.com

of themselves.

The metaverse also aids the growth of the digital economy by enabling NFT, virtual real estate, and cryptocurrency transactions.

The digital economy runs off the crypto blockchain technology which is fully accessible to any user with an internet connection given its decentralized nature4. In this digital eco-system, people can create virtual identities and trade in cryptocurrencies, creating, buying, and selling digital

assets and collectibles (NFTs). Although, the metaverse phenomenon is nascent, big tech companies are daily innovating to create the infrastructure to support this digital digital world. Meta for instance is focused on revolutionizing its social media platforms into VR platforms while companies like Roblox, Nvidia, and Epic are developing their gaming platforms for be er virtual experiences. Through the steady advancement of VR technology, the metaverse

pushes towards the comprehensive digitalization of our lives.

What is IP/IP in Cyberspace?

Intellectual property rights (IPR) promote innovation and creativity, which in turn generates jobs and improves competitiveness. Intellectual property rights enable authors, artists, designers, inventors, and other IPR users to benefit when others use their creations and inventions. In order to

Esq Legal Practice | 13

Intellectual property rights (IPR) promote innovation and creativity, which in turn generates jobs and improves competitiveness. Intellectual property rights enable authors, artists, designers, inventors, and other IPR users to benefit when others use their creations and inventions prevent wrongful use of their creations or inventions, inventors, designers, authors, and developers can protect ideas developed by them by means of copyright or patents. It also gives them an opportunity to earn returns on the money they invested in developing a product.

IP infringements are breaches of intellectual property rights. Examples of such are counterfeiting, piracy, etc. The AU IP 7 through article 3 of the Statue of the Pan-African Intellectual Property Organisation (PAIPO) has mandated to 'promote the effective use of the intellectual property system as a tool for economic, cultural, social and technological development for the continent as well as set intellectual property standards that reflect the needs of the African Union, its member states and Regional Economic Communities (RECs)'. In

Addition to PAIPO, there are other Pan-African organizations which safeguard Intellectual Property protection among its members, such as ARIPO which is for Englishspeaking African countries, and of which Nigeria is not a member, and OAPI for francophone speaking Africa.

The legal infrastructure to adopt and maintain Intellectual Property protection on the African continent still remains fragmented at the regional level, notwithstanding the afore-mentioned legal infrastructure at the PanAfrican level. In spite of the revelation above, the Intellectual Property space is progressively becoming cohesive, due to the catalyst technology provides through the Metaverse and the potential value it is set to provide.

the following ways Patents: which grant property rights on an invention, allowing holder to exclude others from making, selling, or using the invention.

competitors.

Examples include soda formulas, customer lists, survey results, computer algorithms, etc.

Copyrights: protects original works of authorship, such as Trademarks: a word, phrase, literary works, music, symbol, or design that dramatic works, distinguishes the source of pantomimes and products (trademarks) or choreographic works, sculptural, pictorial, and services (service marks) of graphic works, sound one business from its recordings, artistic works, competitors. architectural works, and Trade Secrets: a formula, computer software. With process, device, or other copyright protection, the holder has the exclusive business information that rights to modify, distribute, companies keep private to perform, create, display, and give them a business copy the work. advantage over their

Traditionally, Intellectual Property can be protected in

On the foundation of the traditional methods of IP protection, the demands of trade and engagement of digital assets in cyber space have catalyzed legal egimes globally

14 | Esq Legal Practice

www.esq-law.com

On the foundation of the traditional methods of IP protection, the demands of trade and engagement of digital assets in cyber space have catalyzed legal regimes globally as elucidated below.

nature of information on the blockchain. It fosters efficiency in registering works created on Blockchain technology, cu ing down on the lengthy procedure involved in conventional registration processes

IP In Cyberspace

Intellectual Property and the Blockchain

The rights associated with IP are enforceable by law given the protection they enjoy under legislative enactments, the violation of which earns the creator the right of redress. IP enjoys a notable presence in cyberspace due to the increase in digitization and creation of online content.

However, as much as there are economic and reputational benefits of online publications, the multi-jurisdictional nature of cyberspace also raises the risk of infringements.

Cyberspace Cyberspace is a digital domain that facilitates online communication through electronic mediums. The connection of computers through a network creates a communication channel over cyberspace, making it possible for users to create, publish, and exchange information. However, the high level of accessibility to online content also makes it easy for users to modify, edit and share content with ease giving rise to the possibility of infringement.

It has therefore been necessary to establish anti-IP infringement frameworks through robust protection

www.esq-law.com

Cyberspace is a digital domain that facilitates online communication through electronic mediums. The connection of computers through a network creates a communication channel over cyberspace, making it possible for users to create, publish, and exchange information laws and policies to curb the prevalence of online infringement activities such as linking, software piracy, cybersqua ing, etc.

Nonetheless, complications abound in regulation given the difference in approach across climes. While the EU Nonetheles through its Copyright Directive imposes strict measures by obligating online content sharing service providers like Facebook and Twi er to take down unauthorized protected works , the US copyright laws absolve these platforms of responsibility for the infringement acts of users or other service providers. Equally, the challenges posed by private international law dynamics and jurisdiction-related issues are still rife in adjudicating online

infringement cases.

New technology today extends the frontiers of IP protection and regulation.

Blockchain technology makes it easier to manage IP rights given the immutable

The blockchain is a decentralized network of information that is stored on an immutable ledger that every member(node) of the network has an exact replica of. The ledger serves as a permanent record containing all successful transactions executed on the network. This information is stored in blocks of compressed data that are linked together in a permanent and incorruptible sequence that makes it very difficult or statistically improbable to steal or commit fraud without a trace.

The features of this technology make it very appealing for the transparency it provides

Esq Legal Practice | 15

The key challenge here refers to the liability of the members of the DAO’s because the liability of each member is unlimited.

among the many use cases it has been applied to. The financial industry is an overt area of consideration for blockchain technology application because individuals covet transparency and accountability from any entity responsible for managing or storing their money or means of monetary exchange.

It is precisely for the reasons

16 | Esq Legal Practice

mentioned above that have caused blockchain to singlehandedly create the new infrastructure of the internet, known as web 3.0.

A fundamental feature of this new form of the internet is decentralized. This implies that the currently changing state of web.2.0 we know is a centralized form of the internet, where large corporations and technological companies such as Google/Alphabet

(Parent company of YouTube, Waze, Fitbit, Looker, Nest, DoubleClick) collectively control 92% of the global search engine market . Meta (formerly Facebook) has several companies under its corporate banner, some of which include WhatsApp, Instagram, Oculus VR, Onavo and Beluga Oculus.

The statistic is a staggering representation of how much control a select number of companies have over the internet. Much of the corporate decisions taken to this effect have empowered and enriched the parent companies, among others yet to be mentioned in what many core web3.0 advocates believe to be dangerous, unfair and unjust

on the rise and G gaining legal recognition even in some countries, and they are known as Non-Fungible Tokens or NFT's for short. A characteristic of this nouveaux entity is that because of the blockchain, there is a unique time stamp and identity that is ascribed to any digital file, regardless of its format as a video, picture, message etc. that is stored and easily identified by anyone on the blockchain platform.

For NFT creations, IP questions surface with regards to the IP rights of minters minters and buyers of the digital asset. In light of these emerging digital practices and their a endant legal The collective sentiment behind staunch advocacy for controversies, IP protection policymakers, regulators, the adoption of blockchain technology has been met and stakeholders need to with mixed opinions and work towards the sometimes harsh responses establishment of from governments around internationally agreed the world. Notwithstanding standards in defining IP the backlash, the technology, rights in emerging areas of though in its infantile stages, digitalization. maintains features that are set to sustain it in the Challenges long run much unlike anything that has The development of the been seen before. technology has birthed a new legal entity that is likely to prove challenging to the The influence of the technology can be legal profession, and they seen across many are known as DAO's or fields today, most Decentralized Autonomous notably, the areas of Organizations. They finance and the fastessentially function as a traditional cooperative developing space of group, but rather than intellectual property. operate by a set of rules or charter as outlined by its Given the previously members, the DAO executes outlined characteristics of blockchain technology, a transactions and manages fast-rising new asset class is the pooled resources of the

www.esq-law.com

proprietary injunction, and

Conclusion

organization through smart contracts. Considering that the cooperative often gathers persons who intend to pool resources to transact business for a profit, the DAO can be classified as a company.

The key challenge here refers to the liability of the members of the DAO's because the liability of each member is unlimited. By virtue of the fact that there is no government institution because indemnifying any asset traded or simply acquired by the group, then the members of the DAO bear the full liability of any detrimental business outcome without mitigation.

Some DAOs exist to purchase real-estate in the

www.esq-law.com

Metaverse, and in the event there is an issue with a bad investment, all members of the DAO suffer liability.

The challenge lies in the difficulty to ascribe liability for the recovery of funds in the event of a bad business decision. Another major challenge is that digital assets are not necessarily recognized by law in some countries, making it difficult to legislate effectively around a potentially new asset class.

Some countries are taking the necessary steps to facilitate the development of the technology, such as Singapore, whose High court served a Mareva injunction on a class of digital asset called cryptocurrencies. The case that persuaded the Court to issue a world-wide Mareva injunction on the movement of the assets, with the identities of the persons involved unknown, provoked two questions that were both answered in the affirmative. They were:

Whether the court had jurisdiction to grant interim orders against persons whose identities were, at the time of the commencement of the suit, unknown.

The effect of this decision taken by the court is testament to the importance of international collaboration of countries and judiciaries. The synergy of legal frameworks across multiple jurisdictions is less a probability and more of an inevitability. With these few simple steps, Intellectual Property can begin to hold greater sway in the cyber domain and develop the necessary innovative legal regime for countries around the world

Whether stolen cryptocurrency assets could be the subject of a

The synergy of legal frameworks across multiple jurisdictions is less a probability and more of an inevitability. With these few simple steps, Intellectual Property can begin to hold greater sway in the cyber domain and develop the necessary innovative legal regime for countries around the world.

Esq Legal Practice | 17

Legal Icon

THE

DEFENDER OF THE MASSES FEMI FALANA Born on May 20th, 1958, the little town of Ilawe, Ekiti state did not know that a star, and storm had arrived the seemingly quiet town that beautiful day. Starting his educational path at St. Michael Primary from 1963 to 1968, he proceeded to Sacred Heart Catholic Seminary from 1971 to 1975 where he received his higher School Certificate. Little did his friends, teachers and classmates know the 'storm' brewing in their coffers.

F

alana proceeded to the prestigious University of Ife, now Obafemi Awolowo University, where he bagged a degree in law in 1982. His university days set the ball rolling for his future as a human rights activist, and defender of the masses, which was sealed when he secured his first job as a counsel at the famous Alao Aka-Bashorun Chambers, where he found a mentor in

18 | Esq Legal Practice

his boss, who was also a dedicated human rights activist.

Falana's first experience with activism was when he represented and secured the release of 7 university of Ibadan students who were unlawfully arrested for protesting their rights in 1983. This action angered the powers that be, and led to the withholding of his

National Youth Service discharge certificate for 18 years! This set his cause for defending the honour and constitutional rights of the downtrodden, and fighting for a just and egalitarian society. However, during the Justice Oputa led human rights panel in 2001, under the Obasanjo administration, Falana presented his case to the panel, requesting that his

NYSC discharge certificate be issued to him. Though, the NYSC board denied withholding his certificate, claiming that it was he who refused to pick it up, a statement Falana refuted. It was then concluded that he be issued a discharge certificate, which was presented to him on live television.

In 1991, he decided to set up his private chambers, Falana & Falana Chambers with his wife, Funmi, as a partner, and him, the principal partner. Falana & Falana chambers, with branches in Abuja, Lagos, and Ekiti is a leading firm in constitutional law and human rights services. The firm has always handled pro bono cases since its inception, where it has represented many victims of

www.esq-law.com

Falana's first experience with activism was when he represented and secured the release of 7 university of Ibadan students who were unlawfully arrested for protesting their rights in 1983. This action angered the powers that be and led to the withholding of his National Youth Service discharge certificate for 18 years! ! This set his cause for defending the honour and constitutional rights of the downtrodden, and fighting for a just and egalitarian society.

human rights violation in Nigeria Courts and the ECOWAS Community Court. The firm can also boast of handling more human right ma ers and public contest cases than any other firm in Nigeria.

The story of the military rule in Nigeria will not be complete without mentioning his name, as he was a voice to reckon with for his strong opposition

www.esq-law.com

against corrupt practices and human rights violation that marred the era. With several detentions and threats, Falana refused to be silent, choosing to be a liberator of the masses, he found a great mentor and inspiration in the Late Chief Gani Fawehinmi, SAN. This act earned him several names like, the defender of the masses, the senior advocate of the masses,

interviewers' delight, scourge of bad leaders, succor to the oppressed, leading light of the civil society community, inspiration to the hopeless, conscience of the nation, and more.

One of such role was when he fought several legal ba les defending the rights and injustice met to the people of Ogoni Land in the Niger Delta, where his

influence in the Human Rights Violation Commission on the Ogoni people led to a judgment that Shell Petroleum Development Company should carry out clean-up operations of the oil spill in Ogoni Land.

One cannot be as eloquent as Falana, and not be smooth with the pen as well.

Falana has several publications under his belt, where he expressed his view

Esq Legal Practice | 19

on topical issues in Nigeria and Africa, some of which are: • •

• •

•

• •

ECOWAS Court: Law and Practice Fundamental Rights Enforcement in Nigeria (2005) Nigeria Law on SocioEconomic Rights Fundamental Human Rights and Decree No 2 (1990) Occupational Health and Hazard in Nigeria (1997) Freedom of Expression in Nigeria (1988) Legal and Policy framework of Occupational Health and Safety in Nigeria (1998)

• •

Governance Politics in Post Military Nigeria Murder, plain murder in Ken Saro-wiwa and the crisis of the Niger Delta.

Working as an activist, Falana was consequential in the 2008 and 2010 landmark victories at the ECOWAS Community Court of Justice against the Gambian government, for Gambian journalists, Musah Saidykhan and Chief Ebrima Manneh, where the la er suffered an enforced disappearance, and the former, was severely tortured. Another feather on his cap was when he secured the release of the Editor and Publisher of the

Source Newspaper, Jones Abiri, who was detained by the State Security Service (SSS) in 2016.

One of his recent pro bono cases is the gruesome murder of a Master's degree student of Obafemi Awolowo University, who was murdered and buried in the hotel he lodged in.

Falana has over the years become a force in the legal profession and has risen through the ranks to seal his space in the legal hall of fame having received several awards which include: •

'Defender of the year award', from the

• •

•

•

international league for Human Rights in 2000 The Ogoni Merit Award, 2002.

Dr. Kwame Nkrumah Leadership Award, 2003.

Bernard Simon Memorial Award for the advancement of Human Rights, 2003.

Gani Fawehinmi lifetime award to the most consistent Advocate for Human Rights and Civil Liberties in Nigeria, 2011

Due to his love for impact and influence, Falana joined several legal bodies home and abroad to register his presence and contributions for the growth and development of the legal profession. Here are the bodies he belongs to: •

West African Bar

The story of the military rule in Nigeria will not be complete without mentioning his name, as he was a voice to reckon with for his strong opposition against corrupt practices and human rights violation that marred the era. With several detentions and threats, Falana refused to be silent, choosing to be a liberator of the masses, he found a great mentor and inspiration in the Late Chief Gani Fawehinmi, SAN.

20 | Esq Legal Practice

www.esq-law.com

• • • •

Association (past president) Nigerian Bar Association (member) Pan African Lawyers Union (member) International Bar Association (member) American Bar Association (honorary member)

The history of the Nigerian legal profession or Nigeria will not be complete if the name, 'Falana' is left out, as we have him to thank, as one of the 'freedom fighters' for democracy, and one who has maintained integrity and honour of the legal profession.

Working as an activist, Falana was consequential in the 2008 and 2010 landmark victories at the ECOWAS Community Court of Justice against the Gambian government, for Gambian journalists, Musah Saidykhan and Chief Ebrima Manneh, where the latter suffered an enforced disappearance, and the former, was severely tortured.

Another feather on his cap was when he secured the release of the Editor and Publisher of the Source Newspaper, Jones Abiri, who was detained by the State Security Service (SSS) in 2016

www.esq-law.com

Esq Legal Practice | 21

said that EPSA 5 is the kind of cooperation Africa needs to combat climate change, Covid19 pandemic, and the war in Ukraine. Raising further capital, Moody's Analytics has found Africa provides the world's highest returns.

Japan & AfDB team up to support the private sector The Japanese government and the African Development Bank (AfDB) signed a five billion dollar agreement to support Africa’s private sector. The partnership was announced during the Tokyo International Conference on African Development and will help empower private sector projects from 2023-2025.

JICA, Japan's development finance institution, will provide AfDB with USD 4 billion to deal with it's existing debt commitments and are also open to providing up to an additional USD 1 billion under a new special arrangement.

This investment will focus on countries that are improving their debt transparency and

debt sustainability, as well as enhance other aspects of their debts.

The new EPSA 5 focuses on three fields, electricity, connectivity and health.

Agriculture and nutrition will also be one of the four areas for Africa.

Japan International

Previous iterations of the conference revolve around Cooperation Agency (JICA) entrepreneurship, enterprise, president, Dr. Akihiko Tanaka, innovation and investment. This commented on the importance includes TICAD7 that was of the newly created Eastern hosted in 2020. and Southern African Partnership for the 21st A Japanese economist, Dr. Century (EPSA), that will help Katsumi Hirano of JETRO, with promoting human security believes that developing and in Africa. investing in Africa will bring long-term benefits to Japan as The African Development Bank well as Africa.

President, Akinwumi Adesina,

AFC BACKS TITANIUM PROCESSORS Africa Finance Corporation (AFC) has made an investment in Nyanza Light Metals.

Nyanza was founded in 2011 and it started construction of the first phase of its TiO2 plant in KwaZulu Natal Province. www.esq-law.com

The plant is forecast to produce 80,000 tonnes per annum of titanium dioxide pigment. The investment will enable it to develop its minerals beneficiation processes in South Africa.

The initial USD 3 million from AFC will be used to cover costs of facilities and implementation, with a focus on the first half of 2023. The main plant production foresees the scale up in 2025, after upgrading the

The African Development Bank Vice President for the Private Sector reported that 2018 saw a high inward investment in Africa and despite budget constraints, Covid-19 and high debt to GDP relationships, the flow of funds is still steady. Also, the private sector investment in Africa's infrastructure has doubled, increasing to $19 billion in 2020.

Sumitomo Metal Industries Company signed a landmark deal that will allow for incountry value-accretive beneficiation of Africa’s natural resources. South Africa is home to large titanium production and the project is a key example of how African countries can move their economy higher up the supply chain.

Nyanza Energy's CEO, Donovan Chimhandamba, said the company's goal is to develop impactful mining and grade of extracted ore. chemical manufacturing The African Financing projects on the African Corporation, in partnership with continent. The project on South the African Export-Import Bank Africa’s titanium ores will (Afreximbank), acted as coenable the production of the mandated leads for this project. pigment titanium dioxide, with Additional support was increased sustainability and provided by Arkein Capital economic growth. South Africa Partners and DBF Capital produces the second largest Partners and feasibility was amount of titanium ore in the advised by the Department of world.

Trade Industry and Competition, South Africa.

The AFC (African Fluorspar Company) and the Japanese

Esq Legal Practice | 23

TANA & SANGO INVEST IN VARIOUS MARKETS The parent of Nigerian grocery retailer Marketsquare has received a minority investment from two Africa-focused investors.

Johannesburg-headquartered investors Tana Africa Capital and Sango Capital have teamed up to take a minority stake in fast-growing Nigerian grocery retailer Sundry Markets.

Tana retained Nigerian law firm Jackson, Etti & Edu (JEE) and Deloitte as legal and financial advisers, respectively, while Johannesburg-headquartered Webber Wentzel and Nigerian investment firm CardinalStone served in the same capacities to Sango on the transaction, which was announced on 22 August.

The deal was put together using Sango’s Fund I and Fund III, as well as Tana’s TAC II fund.

Port Harcourt-based Sundry Markets runs supermarket and convenience store locations under the Marketsquare banner, dealing in a range of prepared and packaged foodstuffs, as well as household and personal care goods. The company was founded in 2015 with a single store, and has since expanded to 21 sites and 2,000 jobs.

Actis purchases the majority of a renewables company

In a statement, Sundry Markets’ founder and chief executive Ebele Enunwa said: “The modern retail sector in Nigeria is booming and we are dedicated to meeting the needs of our customers by offering them a one-stop shopping experience for all their home cooking, personal care and home care needs.” he also signalled the he also signalled the company’s plans for continued expansion: “We aim to expand the existing store footprint to at least 50 stores and to grow our revenues fourfold by 2025.”

The managing director and cofounder of Sango Capital Advisers, Charles Mwebeiha, said the deal “represents the transformational potential of private capital when put in the right hands”. Tana Capital’s managing director Mark Tindall described Sundry Markets as “a great business that is well positioned to capitalise on the exciting growth opportunities in the Nigerian grocery retail market”.

Actis partner and head of the energy infrastructure Lucy Heintz is confident that Actis will be successful in this new region by deploying new solar technology.

The investment will give the company money to scale and buy out other companies through mergers and acquisitions.

Norway's development finance institution, Norfund, teamed up with Egyptian law firm, Sharkawy & Sarhan, to advise an international firm on developing renewable-energy projects in Egypt. Last month, they also invested in CrossBoundary Energy, a green energy company.

Actis has taken a controlling share of the Middle East and Africa-focused renewable energy company, Yellow Door Energy(YDE).

Actis targets sustainable infrastructure investments across the world. They have 24 | Esq Legal Practice

already invested in over 70 green energy projects.

YDE is a company that supplies renewable, sustainable energy to a range of clients in the middle east, Africa and south Asia. Some of its current clients are DHL and Nestlé.

Actis retained Clifford Chance as global legal counsel and HSBC as a sole financial adviser. White & Case acted as a legal advisor for YDE shareholders, and Dentons for YDE's international investors.

In March, private equity firm Norfund and CDC Group partnered to purchase H1 Capital, a firm specializing in renewable energy.

www.esq-law.com

London Office Of Olaniwun Ajayi Advises Clean Energy Investment Company, Nithio, On Its Investment In D.light Design, Inc. OLANIWUN AJAYI (UK) LLP EXPANDS ITS FINANCE CAPABILITY WITH THE APPOINTMENT OF A NEW ASSOCIATE Olaniwun Ajayi (UK) LLP has today announced the appointment of Juanita Derex-Briggs, who joins the London team as a senior associate with immediate effect.

Juanita joins the firm from the Finance team at White & Case, London. Her experience includes acting for corporate borrowers, banks and other financial institutions on numerous cross-border transactions including loan-on-loan financing, trade and commodity finance, prepayment and general bank lending. Juanita was highlighted as a 'key finance lawyer' by Legal 500 2021.

Commenting on Juanita's appointment,

www.esq-law.com

the chair of Finance & Project Development Dr Gabriel Onagoruwa said: “We are delighted that Juanita is joining us to support our transactional capabilities with her high-level African and international experience. Juanita's appointment reinforces our exp ansion strategy of extending our service offering in line with client requirements. Our aim is to develop a pan African structure where our services can be accessed for projects and investments throughout Africa and

other key jurisdictions closely integrated with developments across the continent.”

Launched in December 2021 as a standalone affiliate of Olaniwun Ajayi LP, Olaniwun Ajayi (UK) LLP, is the first time a leading African law firm has opened in London with English qualified lawyers with high-end expertise in doing business in Africa.

Olaniwun Ajayi has advised Nithio, an AI-enabled clean energy investment company, on its debt investment in d.light design, Inc., an industry-leading manufacturer and distributor of solar products across Africa and India.

California-based d.light has been at the forefront of providing clean, accessible energy in developing countries over the last 16 years. Nithio's investment will help d.light expand its offering in existing and new markets and to grow its distribution channels across sub-Saharan Africa.

A dedicated Olaniwun Ajayi team, led by London partner, Chuks Ibechukwu, guided Nithio and the transaction through documentation, negotiations and financial close within two weeks, demonstrating the firm's capacity and commitment to delivering on its clients' priorities.

Esq Legal Practice | 25

TEMPLARS hosted its First Legal Clinic The huge funds involved in conducting arbitration proceedings has, on several occasions, served as discouragement to many potential claimants who have, as a result, relaxed on pursuing their rights. This has led many jurisdictions seeking to establish themselves as leading international arbitration venues to enact provisions relating to thirdparty funding.

On the 3rd of June 2022, TEMPLARS hosted its First Legal Clinic, in collaboration with the Women At Risk International Foundation (WARIF), a nonprofit organization which

addresses the prevalence of rape, sexual violence, and human trafficking through impactful health, education and community service initiatives.

This alliance has spanned over five years, and during this time, we have noticed a gap in the basic legal orientation of the general populace, hence this legal clinic.

This monthly clinic aims at enlightening the underrepresented and misrepresented individuals on their legal rights and the proper legal steps to take in reporting and handling matters about domestic violence and genderbased issues.

“At TEMPLARS, we are dedicated to fighting against gender-based problems and

domestic violence, and are always ready to support WARIF in creating awareness and promoting enlightenment on the legal actions to take in situations involving these societal problems”, said IZUCHUKWU OHAJINWA, Senior Associate at TEMPLARS. The Legal Clinic initiative was created as part of our corporate social responsibility to reach those who require legal expertise at all levels, but may not know how to handle such sensitive matters or proceed legally.

TEMPLARS advised JPMorgan Chase Bank as they won its landmark $1.7 Billion dispute TEMPLARS Advised JPMorgan Chase Bank (“JPMC”) as JPMC Won its Landmark $1.7 Billion Dispute Against the Federal Republic of Nigeria (“FRN”).

26 | Esq Legal Practice

www.esq-law.com

TEMPLARS Sponsors Team Titans, an American Flag Football Team As part of her corporate responsibility to youth and social development, TEMPLARS sponsored Team Titans (aka TEMPLARS Titans), an American flag football team, for the 8th Season of the Shitsuke Flag Football League.

The Shitsuke Flag Football League is a co-ed American flag football League with thousands of

participants that have been active in Lagos, Nigeria, for several years.

This exciting sporting spectacle

attracts people from all walks of life, and this year's league promises to be a fantastic

The dispute arose from JPMC's role as banker to the FRN in the Oil Prospecting License (“OPL”) 245 settlement transaction.

Specifically, the FRN sued JPMC for breach of its Quincecare duty, claiming over $1.7 billion in damages over its role in the disputed 2011 Malabu oil settlement agreement. The FRN's case was that JPMC was entitled to refuse payment as long as it had reasonable grounds to believe its customer was being defrauded.

whereby a bank should refuse to pay out, despite receiving instructions, if it believes its client will be defrauded by making such payment.

Justice Cockerill of the High Court of Justice of England and Wales, the Judge held that :

Quincecare is a legal precedent

www.esq-law.com

The civil suit, which was filed at the British courts in 2017, involves the $1.3 billion acquisition of OPL 245, by International Oil Companies, Shell and ENI both of which were at the centre of legal battles in Milan and the United Kingdom.

In a judgement delivered on Monday, 13 June 2022, by Mrs.

(i) there was insufficient evidence that the payment instructions were a fraud on the FRN; and (ii) JPMC did not breach its Quincecare duty to the FRN (i.e. it was not grossly negligent) in either 2011 or 2013.

Accordingly, the FRN's claim for the sum of $1.7 billion against JPMC therefore failed.

TEMPLARS acted as Nigerian counsel to JPMC, providing

experience.

The Titans had their first season game on Sunday, on the 18th of September 2022, at 2 pm at Meadow Hall School, Alma Beach Estate, Ikate Elegushi.

Nigerian Law advise amongst other legal services and worked with International Law firm, Freshfields Bruckhaus Deringer.

The TEMPLARS team was led by Disputes Partner, Godwin Omoaka, SAN, FCIArb and Finance Partner, Chike Obianwu.

Other team members included Olufemi Oyewole, Stanley U. Nweke-Eze, Collins Ogbu, Olusola Odunsi, Lawal Kazeem, ACIArb and Francis Jarigo.

Esq Legal Practice | 27

earnest. “Ghana will pilot a commercially meaningful trade from next month with Kenya, Mauritius, Tanzania, Rwanda, Cameroon and Egypt for the first time, using the AfCFTA documentation.

This will help answer the question that has been on the minds of many people: when are we going to start trading?” he stated.

Afcfta To Supervise Trading Activity Without any unexpected hitches, the Ghana National Coordinating Office (NCO) of the African Continental Free Trade Area (AfCFTA) will from October this year pilot a guided trading activity with six countries within the bloc, under supervision of the

Dr Arthur was speaking at the three-day 7th African Tax Research Network (ATRN) Annual Congress in Accra on the theme The Tax and AfCFTA Secretariat, Revenue Implications of the coordinator of the NCO, Dr AfCFTA and said though the Fareed Arthur, has confirmed. trade agreement seeks to This pilot trade, according to boost intra-African trade by Dr Arthur, is expected to test progressively removing tariff documentation and and non-tariff barriers, it also processes of the AfCFTA and comes with certain open the gate for other challenges. countries to start trading in

COMESA RESEARCH FORUM: CALL FOR COMPREHENSIVE RESEARCH ON PHARMACEUTICALS

Research Forum that was held in Cairo, Egypt. The forum which attracted eminent scholars, researchers, academics, regional and international experts from the public and private sector, stressed the need to strengthen mobilisation of resources to promote science, technology and innovation activities.

This is intended to build resilience in line with the theme of the forum: Enhancing Business Competitiveness and Resilience to Boost Intra-COMESA Trade.

There is need to undertake comprehensive research on pharmaceuticals production and trade flows in the Common Market for Eastern and Southern Africa (COMESA) region to

determine trade and competitiveness opportunities in the pharmaceutical industry.

This was one of the recommendations from the fourday 9th COMESA Annual

Eight research papers based on emerging topical issues in economics, trade and regional integration at continental and global levels were presented for review. They included a study on the trade implications of the cross-border data transfer laws/policies in the COMESA region.

The government of Tanzania said on Tuesday, 13 September 2022, that a total of TZS954.04-billion has been paid in valueadded tax (VAT) refunds during the 2021/22 fiscal year. The payment is equivalent to 431.7% of TZS221.01-billion target that was expected to be used for servicing VAT refunds claims during the said period.

TZS954.04-billion paid as VAT refunds 28 | Esq Legal Practice

The statement was issued by Deputy Minister for Finance Hamad Hassan Chande said the payment efficiency is attributed to the government's decision to verify payment claims through the riskbased verification of VAT refunds, instead of the earlier procedure to verify all claims by 100%. “The new procedure has increased the speed of verification and respective VAT refunds and therefore reduced delays due to timely verification,” he said. Mr Chande said recorded achievement would stimulate economic growth, investment and protection to the businesspeople and investors' capital.

Olumide Akpata Returns To Templars After Serving As President Of The Nigerian Bar Association TEMPLARS is pleased to welcome one of its Senior Partners, Olumide Akpata, back to the firm after two successful years of dedicated and selfless service to the legal profession as President of the Nigerian Bar Association (NBA) – the largest Bar in Africa, and Nigeria's most influential and oldest professional membership organisation..

In August 2020, Olumide Akpata took a leave of absence to serve as the President of the NBA after he was overwhelmingly elected for a twoyear non-renewable term. His service in that capacity ended on Friday 26th August 2022 when he handed over to his successor in office.

Olumide's tenure is widely acknowledged as one of the most consequential, innovative, vibrant, courageous, and transformational in recent history of the NBA, with particularly remarkable achievements both to the legal profession and Nigerian society.

Welcome back from service, Mr. President.

www.esq-law.com

Intellectual Property Law Academy 10th - 14th July, 2023 Lagos

Enquiries & Sponsorship +234 904 242 8483 training@esq-law.com @myesqlegal www.corebyesq.com

TRAININGS LIMITED

Construction

VICARIOUS LIABILITY OF INDEPENDENT CONTRACTORS IN CONSTRUCTION PROJECTS

By Damilola Omotosho

The speakers, Messrs. Sesi Hundeyin, Partner at Bloomgate Solicitors, Emma Amadi, Partner at McQueens Solicitors and Julian Bailey, Partner at White and Case LLP took participants through the various aspects of vicarious liability as it relates to an independent contractor in construction projects.

M

r. Hundeyin began by explaining that construction projects focus on building and engineering works and as such hazardous situations such as permanent disability, damage to property, death, etc. are inevitable. Due to the work hazards likely to occur, health and safety legislations are enforced by employers as they would usually bear the liability for injuries to employees and third parties. An employer's liability does not however extend to the acts or omissions of an independent contractor unless in certain instances. The liability of an employer vis-à-vis the liability of an independent contractor is considered in this article.

The Distinction between Independent Contractors and Employees

30 | Esq Legal Practice

Mr. Bailey noted that the primary test for determining whether a person is an employee or an independent contractor is referred to as the “control test”. In Yewens v Noakes 6 QBD 530, Lord Bramwell explained the control test as when “an employee is subjected to the orders of his employer as regards how the work ought to be carried out. The employer 's control over the workers is not confined to what has to be carried out but also in which manner it has to be carried out”.

Apart from the control test, Mr. Bailey highlighted other factors usually taken into consideration are: • The label given to the arrangement by parties (independent contractor or employment contract); • The payment of salary

•

as against the payment of a specifically agreed fixed sum; The provision of the tools, equipment and workspace would usually point to an employer-employee relationship.

under Nigerian law (which follows the English precedence), an employer is liable for the acts of his employees which occur while performing duties in the course of their employment as well as injuries suffered in the course of work.

Accordingly, an employer has a duty to provide a safe system of work for its employees.

Mr. Bailey added that an employer's duty is nondelegable even if an Despite the appearance of employee is put under the one or more factors supervision of another highlighted above, the employer, it may be courts would always vicariously liable If the construe the relationship supervising employer fails between parties based on to provide a safe system of the manifest intentions of the parties. Thus, despite an work. In the case of appearance of a relationship Nelhams v. Sandells being that of an independent Maintenance Ltd (1995) 46 Con LR 40, Nelhams, was a contractor, the court may permanent employee of consider that the parties Sandells and was loaned to intended an employerGillespie to do some employee relationship. painting. Sandells informed Nelhams that he was under Employer's Liability for the complete control of Actions and Safety of its Gillespie. During the course Employees of working for Gillespie, Nelhams was told that he Mr. Hundeyin noted that,

www.esq-law.com

he bears the liability for the acts and omissions of its employees. Hence, the general rule is that an employer or contracting company is not liable for the misconduct of an independent contractor.

would have to do the painting from a ladder as scaffolding could not be used. Nelhams asked that the ladder be footed but Gillespie told him to continue with the job as none was available.

Nelhams slipped and fell while climbing the ladder.

The Court of Appeal held that both employers were equally responsible for Nelhams' safety. This is notwithstanding the fact that the primary employer loaned him out to the supervising employer.

Employer's Liability for Actions of an Independent Contractor Mr. Hundeyin highlighted that an independent contractor is not simply an employee of the contracting company. He is not micromanaged by the owner of the project and the owner of the project is not under a duty to provide a safe system of work for the independent contractor or its employees. The work environment is largely under the control of the independent contractor and

www.esq-law.com

Mr. Bailey highlighted that an employer may however be liable for the acts or omissions of an independent contractor in the following circumstances: • Where the employer was negligent in the selection of the independent contractor or where the independent contractor is unskilled or unqualified; • Where the employer directly authorised the contractor's conduct as was the case in Leslie v. Pounds (1812) 4 Taunt 649; • Where a nuisance is created by the independent contractor as in Matania v.

National Provincial Bank Ltd. (1936) 2 All ER 633 (CA); and • Where the work performed by the independent contractor is ultra-hazardous.

How To Reduce or Mitigate Liability Mr. Hundeyin explained that parties may mitigate liabilities by providing for the expected obligations of parties as well as

indemnification in a contract. This may be by bespoke contract form or by standard contract forms adopted in the industry.

Bespoke contract forms do not conform to any standard but are tailored to suit the circumstances and needs of the parties

responsibility for the acts of subcontractors and their agents, and responsibility for failure to adhere to health and safety regulations.

He further explained that the International Federation of Consulting Engineers (FIDIC), a global representative body for national associations of consulting engineers prescribes certain contract forms that would help parties minimize their liabilities in a construction project such as the red book, silver book, orange book, and green book. The most common of these contract forms is the red book where the owner of the project designs the whole work.

Mr. Amadi discussed the Construction, Design, and Management Regulations of 2015 at length. He noted that under English law, the Construction (Design and Management) Regulations 2015 has further created classes of people who are duty-holders under the regulations – client, principal designer, designer, contractor, the principal contractor (in cases of big projects), and the workers.

The regulation seeks to improve health and safety in the industry by planning the work and communicating the risks involved in order to aid effective management from start to finish.

Notwithstanding the provisions of an agreement, Mr. Hundeyin noted that a contract cannot be used to exculpate the liability of a contractor. In line with this, the Red Book provides for probable risks that may occur, the responsibility of each party in respect of the highlighted risks, the liability for actions and inactions as well as indemnification for loss or damage. Some of the most notable clauses are; insurance clauses for goods, the works, and the employees on the site,

Construction, Design and Management Regulations of 2015

Conclusion Hazards are inevitable whether envisaged or not in a construction project. It is therefore necessary for an employer to put in measures to safeguard its workers and limit its exposure to risks and hazards. An employer would also take measures to ensure that an independent contractor takes necessary measures to limit the liabilities that may arise in the course of the project.

Esq Legal Practice | 31

Back Cover Interview

THIRD-PARTY FUNDINGIN NIGERIA SEATED ARBITRATION PROCEEDINGS

By Olasupo Shasore, SAN, Orji Uka,Kehinde Adegoke

The huge funds involved in conducting arbitration proceedings has, on several occasions, served as discouragement to many potential claimants who have, as a result, relaxed on pursuing their rights. This has led many jurisdictions seeking to establish themselves as leading international arbitration venues to enact provisions relating to third-party funding.

P

rominent amongst these jurisdictions are Hong Kong and Singapore. Although with a different approach, Nigeria is on her way to joining the league of jurisdictions legalising third-party funding with the New National Arbitration and Mediation Bill.

What is Third-Party Funding?

This article discusses the current position in Nigeria on third-party funding and the possible future. Thirdparty funding is an arrangement where a commercial fund finances the costs of proceedings in return for a share of any damages awarded. Usually, a party who is not involved in an arbitration, such as a hedge fund or special

32 | Esq Legal Practice

purpose litigation fund, provides funds to a party to that arbitration in exchange for an agreed return.

Typically, the fund will cover the funded party's legal fees and expenses incurred in the arbitration.

Third-party funding has various advantages to the potential claimant.

Arbitration can be very expensive and unaffordable in which case third-party funding may well be the only option for a potential claimant with meritorious and substantial claims. In addition, risk management can be another advantage of a third-party funding.

Claimants may have the funds to arbitrate but may wish to share some of the risks associated with costly arbitration and in return be prepared to give up a

proportion of any recoveries to do so. Similarly, a thirdparty funding may help the parties arrive at an early se lement of dispute.

Funders will usually conduct extensive due diligence to ascertain good claims.

when considering se lement) as funders may reserve the right of approval of the se lement.

Furthermore, the duty of disclosure on the part of the funded parties and substantial costs likely to be incurred when packaging This objective analysis by the case for presentation to a funder may also serve as the Funder may thus assist disadvantages. Third-party the case management funding has recently been strategy of the claimant thereby facilitating early largely embraced by a se lement once the other number of jurisdictions party is made aware that the looking to increase their a ractiveness as claim has the backing of a international arbitration funder. However, thirdparty funding is not without venues. The New its shortcomings. More often Arbitration and Mediation Bill in Nigeria will no doubt than not, significant part of position the country as one the amount recovered of the leading arbitration would usually go to the centres in Africa.

Funder. In addition, the funded party may lose some Extant Position Of The autonomy, a key feature of Nigerian Laws Arbitration (particularly

www.esq-law.com

Historically, the doctrines of “maintenance” and “champerty” 2 prevented the funding of litigation by third parties in common law jurisdictions. These doctrines prevent the third parties who have no legitimate interest from funding litigation. The intended result is to prevent frivolous or vexatious litigation. Some jurisdictions, in a bid to improve access to justice, have adopted a more pragmatic approach to third-party funding. In some jurisdictions, such as Ireland, third-party funding has been blocked by the Supreme Court on grounds of champerty.

However, others like Hong Kong and Singapore have taken a different approach by legislating to permit and regulate third-party

www.esq-law.com

funding.3 Third-party funding is currently not prevalent in Nigeria and where it occurs not as a ma er of law and then, arguably, only in International Commercial Arbitration . There are currently no laws permi ing or prohibiting it. Being a common law country, the common law doctrine of maintenance and champerty, which are part of the received English law, remain applicable. Thirdparty funding is frowned at by the courts based on the common law

principles of champerty and maintenance which: (a) prohibit a third party from funding litigation between disputants (in which the funder has no legitimate interest); and (b) render an agreement to provide such funds illegal and void, on the ground of public policy.

potentially more of the otherwise unmeritorious claims. Presumptively most litigation funders could view the suits as an investment, thereby incentivizing a more than passing interest in the outcomes of claims they funded, and all a endant implications flowing therefrom. Being common The Latin maxim, "interest reipublicase ut sit finis law principles, until litium" meaning “it is in the contrary statutory interest of the State that provisions are enacted, the there be an end to litigation” principles of champerty and underpins public policy and maintenance are applicable permi ing litigation funders in Nigeria. In the case o In could result in significant the case of Michael Abdallah spikes in litigation, and v. S.J.S. Barla 5, the court

The reforms introduced into the Bill are a welcome development regarding third-party funding in Nigeria-seated arbitration proceedings. It brings Nigeria at speed with other developed jurisdictions of the world and it should see a much-needed increase in the ability of parties to bring disputes to Arbitration.

Esq Legal Practice | 33

held thus:

which one has no concern-“

“'Champerty', defined by Lord Atkin in Wild v.

Simpson reported in (1919) 2 K.B. at page 562, 'is illegal and an indictable offence' – It is a form of maintenance.

Champerty is but a species of maintenance, which is the genus. An action for maintenance did lie at the common law and if maintenance in genre was against the common law, a fortiori was champerty, for that of all maintenance is the worst: 2 Co. Inst. Page 208.

The definition by Coke is 'to maintain to have part of the land, or anything out of the land, or part of the debt or other thing in plea or suit, and this is called cambi partia, champertie.' Co. Li 368 (b). It is maintenance aggravated by an agreement to have a part of the thing in dispute-Maintenance is the unlawful intermeddling with litigation in

The court further held as follows: “The offence of maintenance apart from the interest of the public generally, is directed primarily not at the client maintained, but at the other party to the litigation. He has the right to be free from litigation conducted with the assistance of persons working for their own interests, and not in order to give lawful professional aid to the opening litigant. A champertous agreement between solicitor and client is void, therefore, not merely because of an abuse of the confidential relationship between solicitor and client but because the agreement involves a continuing wrong, namely the maintenance of the litigation against the opposing party.”

In Oloko v. Ube6, the Court of Appeal held an agreement

. A champertous agreement between solicitor and client is void, therefore, not merely because of an abuse of the confidential relationship between solicitor and client but because the agreement involves a continuing wrong, namely the maintenance of the litigation against the opposing party.

by a solicitor to provide funds for litigation in consideration of a share of the proceeds champertous. Similarly, in Egbe & Anor. v. Ogbebor 7 the court of appeal held that where a person elects to maintain and bear the costs of an action for another in order to share the proceeds of the action or suit, such action is champertous. It is therefore clear from the above that third-party funding in Nigeria-seated arbitration proceedings, as at the time of writing this article, cannot be legally enforced, as same would most likely be held to be champertous.

POSSIBLE CHANGES TO BE INTRODUCED BY THE ARBITRATION AND MEDIATION BILL The extant legislation governing arbitration in Nigeria is the Arbitration and Conciliation Act 8 (the “ACA”). In a bid to provide a unified framework for the se lement of commercial disputes, the Nigerian Senate recently passed the Arbitration and Mediation Bill 2022 (the 'Bill”) to repeal the extant ACA. The Bill is

Th ird-party funder” means any natural or legal person who is not a party to the dispute but who enters into an agreement either with a disputing party, an affiliate of that party, or a law firm representing that party, in order to finance part or all of the cost of the proceedings, either individually or as part of a selected range of cases, and such financing is provided either through a donation or grant or in return for reimbursement dependent on the outcome of the dispute or in return for a premium payment. an improvement on the ACA with regards to third-party funding. The Bill legalises third-party funding in arbitration. This it does by including the cost of obtaining third-party funding as part of cost for arbitration. It must be noted that, unlike the situation in Hong Kong and Singapore, the Bill does not expressly permit third-party funding, however, it can be implied from its Kong wordings that it intends that third-party funding is legal. This, however, may be a future subject for the courts to determine.

Below are some of the

34 | Esq Legal Practice

www.esq-law.com

prominent provisions in the Bill dealing with third-party funding: Definition of Third-party funder and Third-party funding arrangement “Third-party funder” means any natural or legal person who is not a party to the dispute but who enters into an agreement either with a disputing party, an affiliate of that party, or a law firm representing that party, in order to finance part or all of the cost of the proceedings, either individually or as part of a selected range of cases, and such financing is provided either through a donation or grant or in return for reimbursement dependent on the outcome of the dispute or in return for a premium payment.

“Third-party funding arrangement” means a contract between the ThirdParty Funder and a disputing party, an affiliate of that party, or a law firm representing that party, in order to finance part or all of the cost of the proceedings, either individually or as part of a selected range of cases, and such financing is provided either through a donation or grant or in return for reimbursement dependent on the outcome of the dispute or in return for a premium payment.

Abolishment of maintenance and champerty in relation to Nigeria-seated arbitration proceedings The torts of Maintenance and Champerty (including being a common barrator) do not apply in relation to third-party funding of arbitration. This Section applies to arbitrations seated in Nigeria and to arbitrationrelated proceedings in any court within Nigeria Requirement as to notice If a Third-Party Funding agreement is made, the party benefi ing from it shall give wri en notice to the other party or parties, the arbitral tribunal and, where applicable, the arbitral institution, of the name and address of the Third-Party Funder.

Such wri en notice shall be made: •

Practice of Third-party funding The arbitral tribunal shall fix costs of arbitration in its award and the term “costs” includes the costs of obtaining Third-Party Funding.

www.esq-law.com

•

for a funding agreement made on or before the commencement of the arbitration – at the commencement of the arbitration; or for a funding agreement made after the commencement of the arbitration – without delay as soon

•

as the funding agreement is made.

Where a Respondent has brought an application for security for cost based on the disclosure of ThirdParty Funding, the Tribunal may allow the funded party or its counsel to provide the Tribunal with an affidavit stating whether under the funding arrangement, the Funder has agreed to cover adverse costs order. The affidavit shall be a relevant consideration to the tribunal's decision on whether to grant security for costs.

Likely consequences of the Bill The Bill which has been passed and awaits assent will provide some legality for third-party funding in Nigeria-seated arbitration proceedings. It may however be insufficient to cater for the a endant issues of third-party funding such as confidentiality and conflict of interest. Unlike the situation in jurisdictions like Hong Kong and Singapore where these issues and more have been effectively catered for in the relevant laws, Nigeria may still be faced with disputes surrounding these issues

and may, in the long run, require the intervention of the courts in determining such disputes thus defeating the whole purpose of the third-party funding due to the slow and frustrating nature of the Nigerian courts.

CONCLUSION The reforms introduced into the Bill are a welcome development regarding third-party funding in Nigeria-seated arbitration proceedings. It brings Nigeria at speed with other developed jurisdictions of the world and it should see a much-needed increase in the ability of parties to bring disputes to Arbitration.

However, this may just be one out of many required steps to be taken in effectively regulating thirdparty funding in Nigeria.

There is need for a specific, more detailed legislation that will effectively cater for all the intricacies involved in third-party funding in order to strengthen Nigeria's a ractiveness as a leading international arbitration venue.

Esq Legal Practice | 35

Hearsay Evidence in Nigerian Arbitrations: Admissible or Inadmissible?

By Lawal Ijaodola, Oluwaseun Oyekan , Jennifer Ortuanya

Recently, in an arbitration, opposing counsel argued strenuously that our witness' testimony was inadmissible because that testimony contravened the hearsay rule. Testimony will be considered hearsay where it is given by a person other than an eyewitness and its object is to prove the truth of a statement. Being an arbitral proceeding, that argument was not only shocking to us but was also considered untenable by the tribunal.

I

n this piece, we have considered the position of Nigerian law on the admissibility or otherwise of hearsay evidence in arbitral proceedings and have concluded that unless otherwise expressly agreed by the parties or ordered by the arbitral tribunal, there is nothing rendering inadmissible hearsay testimonies in arbitrations.

Hearsay evidence is the

36 | Esq Legal Practice

evidence of a witness who is not giving an account of his personal experience but reporting speech heard by him from another who may or may not be an eyewitness.

The bases of the inadmissibility of “hearsay” testimonies in Nigeria are largely derived from two sources of law – the Evidence Act, 2011 (“the “Evidence Act”) and case law authority, particularly the decision of the Judicial Commi ee of the

Privy Council (the “Privy Council”) in Subramaniam v.

Public Prosecutor (1956) 1 WLR 965 (“Subramaniam”).

The Privy Council, which until October 1, 1963, was Nigeria's apex Court, in Subramaniam, defined the scope of hearsay evidence as “Evidence of a statement made to a witness by a person who is not himself called as a witness may or may not be hearsay. It is

hearsay and inadmissible when the object of the evidence is to establish the truth of what is contained in the statement. It is not hearsay and is admissible when it is proposed to establish by the evidence, not the truth of the statement, but the fact that it was made.

The fact that the statement was made, quite apart from its truth, is frequently relevant in considering the mental state and conduct

www.esq-law.com

“Evidence of a statement made to a witness by a person who is not himself called as a witness may or may not be hearsay. It is hearsay and inadmissible when the object of the evidence is to establish the truth of what is contained in the statement. It is not hearsay and is admissible when it is proposed to establish by the e vidence, not the truth of the statement, but the fact that it was made. thereafter of the witness or of some other person in whose presence the statement was made.”

Subramaniam still remains a good authority on hearsay today and has been widely cited by superior courts of record in Nigeria, both before and after the promulgation of the Evidence Act (including the repealed Evidence Acts).

The Evidence Act section 37 explains “hearsay” to mean “oral or wri en statement made otherwise than by a witness in a proceeding; or (b) contained or in a book, document or any record whatever, proof of which is not admissible under any provision of this Act, which is tendered in evidence for the purpose of proving the truth of the ma er stated in it”. This means hearsay could be oral or documentary.

Evidence Act section 38 renders hearsay evidence inadmissible in proceedings.

Hearsay Evidence in Arbitrations Having established the two legal roots for the inadmissibility of hearsay testimony in litigation proceedings in Nigeria, it is pertinent to consider to what extent these two bases apply to arbitral proceedings.

Evidence Act section 256 provides that “this Act shall

www.esq-law.com

apply to all judicial proceeding in or before any court established in the Federal Republic of Nigeria but it shall not apply to (a) proceeding before an arbitrator”. Therefore, an argument that a witness' testimony in arbitration offends the hearsay rule under the Evidence Act is not only misplaced but fallacious. This position of law is se led and generally accepted by arbitration practitioners.

Judges of regular Courts. Arbitral Tribunals are also not bogged down in the procedural trappings of regular Courts. Arbitral proceedings are, therefore, treated with a broad, liberal/open mind leaning on the side of dynamism, commercial sense, latitude and common sense. In other words, arbitral proceedings are not to be subjected to scrutiny with the finesse of a toothcomb”.

If we may stretch this a li le further, rules of litigation are generally not admissible in arbitration. Therefore, caselaw principles in litigation on the inadmissibility of hearsay evidence in litigations are generally inapplicable in arbitrations. In Celtel Nigeria BV v. Econet Wireless Limited (2014) LPELR – 22430 (CA), the Court held that “an Arbitral Tribunal is by nature an informal adjudicatory body lacking the sophistication and technical know-how of

For the foregoing reasons, it is untenable to argue that evidence in arbitration is inadmissible based on caselaw authorities (such as Subramaniam) and the Evidence Act. Suffice it to say that all the judicial decisions in Nigeria on the hearsay rule stem from either of these two sources of law, and as such, all those decisions are not relevant or binding on an arbitral tribunal.

Why Hearsay Evidence Should be Admissible in Arbitrations

First, apart from our contention on the absence of any statutory or case-law bases rendering inadmissible hearsay testimony in arbitrations, our position is strengthened by the fact that arbitration aims to minimize formalism and technicalities but maximize efficiency and opportunities to be heard.

Celtel Nigeria BV v. Econet Wireless Limited (supra).

Therefore, the arbitral tribunal needs as much evidence as possible to be able efficiently and fairly to resolve the dispute submi ed before it, and it should not be deprived of the pleasure of considering every relevant testimony or document simply based on the hearsay rule in court litigation.

Second, the Arbitration and Conciliation Act, 1988 (the “Arbitration Act”), in its long title, describes itself as “an Act to provide a unified legal framework for the fair and efficient se lement of commercial disputes by arbitration and conciliation; and to make applicable the Convention on the Recognition and Enforcement of Arbitral Awards (New York Convention) to any award made in Nigeria or in any contracting State arising out of international commercial

The parties may by agreement hold that hearsay evidence should be inadmissible in their arbitral proceedings, and in the absence of that, the tribunal may make directions as to admitting or excluding evidence in the interests of fairness and efficiency. Our opinion, however, is that arbitral proceedings should not be clogged by the rigid, technical, and statutory and case-law principles applicable to litigation. The aim of arbitration is to allow the arbitrator to have as much information and facts possible to enable an effective, fair and effectual resolution of the disputes before it.

Esq Legal Practice | 37

Tech

BLOCKCHAIN TECHNOLOGY & THE LEGAL INDUSTRY

The legal industry has been slow to modernize.

Enterprise Ethereum alleviates labour-intensive manual processes while providing increased accessibility, transparency, cost savings, speed, automation, efficiency, and data integrity to the legal industry.

Now, lets examine how blockchain technology imparts the legal industry: Accessibility Lawyers can leverage blockchain technology to streamline and simplify their transactional work, digitally sign and immutably store legal agreements. Using scripted text, smart contracts, and automated contract management reduce excessive time spent preparing, personalizing and maintaining standard law

38 | Esq Legal Practice

documents as these cost savings are passed on to the customer. Additionally, blockchain democratizes access to the justice system by cu ing down on consumer complexity and lowering hefty legal fees.

Transparency Distributed ledger technology creates a shared ledger accessible by all parties to an agreement.

Blockchain-based contracts have baked-in compliance, no surprises, and no room

for misinterpretation.

Additionally, nontechnologists can be er understand the transactions they enter and what the smart contract represents.

Cost effectiveness Many of the manual tasks can be carried out automatically, which significantly decreases the hours allocated to drafting and amending legal documents. This cost is generally passed down to clients, which pushes hourly

A critical blockchainbased bfuhgub innovationgh bsdgd impacting intellectual khujiutyuy6uy6 property is nongt5uyyiknbuj 7uj7u fungible-tokens or jujukkok8ik NFTs. NFTs are cryptographic gdgfrrbgfkhguh tokens that can be 6i5jyh7ju9kupkuk used to represent bhrf7hvhgv5yj unique propertyujon a kj8i87i blockchain.

www.esq-law.com

Lawyers can leverage blockchain technology to streamline and simplify their transactional work, digitally sign and immutably store legal agreements. Using scripted text, smart contracts, and automated contract management reduce excessive time spent preparing, personalizing and maintaining standard law documents as these cost savings are passed on to the customer.

lawyer fees to astronomical rates. The introduction of smart contracts will accelerate and lower the cost of transactions between parties. A cost-efficient algorithm can automatically and transparently manage escrow accounts at a fraction of the cost of manual labor as lower costs will increase the overall demand and accessibility for legal services.

Automation Lawyers spend up to 48% of their time on administrative tasks, including transferring information between software and updating client trust ledgers. (Clio's Legal Trends Report 2018.)

Utilizing a legal agreement repository and prefabricated smart contracts, lawyers can automate non-billable administrative tasks and transactional work. Cu ing down on excessive manual labor will also accelerate legal proceedings, which decreases costs to customers.

Efficiency Blockchain technology can streamline, re-engineer, automate, disintermediate, and secure many processes in the legal industry without losing any of the judicial authority. Optimizing various industry features will make the legal and financial sectors more

www.esq-law.com

efficient and productive, while lowering friction and costs.

Data integrity and transparency Legal documents act as a honeypot for ill-intentioned hackers who seek to profit from the valuable confidential information created and maintained by lawyers. Instead of emailing sensitive data back and forth, lawyers can choose to store legal information on a decentralized, distributed ledger for append-only feeds, which increases data integrity. If evidence is tampered with or changed, the associated hash value will not match, making it clear that a change has occurred.

What are the Blockchain use cases in the Legal Industry?

There are several possible Enterprise Ethereum blockchain applications across the legal industry.

Here are some of the top use cases that ConsenSys has identified: Electronic signatures Electronic signatures bring speed, efficiency, and cost savings to the authentication process. Signing on blockchain costs the signer a fraction of the cost compared

to e-signature platforms like DocuSign. Currently, it costs an average of 7-8 cents to sign a smart contract on Ethereum electronically.

Moving signatures to Ethereum also cuts down on manual tasks and the high costs associated with coordinating and facilitating signature authentication.

Electronic signatures stored on the Ethereum blockchain live independently of the object being signed, which allows for parallel signing and independent verification without granting full read access to the content. When two parties digitally sign a smart contract, they simultaneously agree to the terms and conditions associated with the agreement.

Intellectual property A critical blockchain-based innovation impacting intellectual property is nonfungible-tokens or NFTs. NFTs are cryptographic tokens that can be used to represent unique property on a blockchain. NFT standards allow for robust property rights schemes in the digital realm. With blockchain, creators of a product or piece of content can upload, register, and time-stamp their original work on a public ledger to create an undeniable proof of

Esq Legal Practice | 39

· IoT applications rely on machine-to-machine communication.

Smart contracts present a unique interface for machine-tomachine communication that provides a secure, append-only record that can be shared without a central administrator. ownership. From there, a blockchain-based IP enforcement system could help creators monitor exactly how and by whom their creations are being used.

Property rights The distribution of property rights and the existence of transaction costs impact a society's economic activities, yet property rights and transaction cost structures are primarily based on the pre-digital era. Utilizing blockchain architecture, property owners can subvert costly central intermediaries, and elect to register and sell their properties on the blockchain in a transparent and immutable way.

Blockchain-based public ledgers offer a new form of property rights management, which allows for a measurable reduction in transaction costs.

Chain of custody Chain of custody is the process of handling evidence from the time it is collected until the time it is presented as evidence in a court of law.

Evidence exchanges hands numerous times; interested parties log evidence in and out of storage, physically

40 | Esq Legal Practice

sign forms that create a paper trail to record its movements. Unfortunately, this process creates several opportunities for nefarious actors to taint the evidence. It also opens the door for defense a orneys to claim the evidence has been tampered with. Utilizing blockchain technology, one could generate and track a unique evidence token for every item of data collected and received – stored and auditable in a public/private blockchain.

Tokenization Tokenization is a method that converts rights to an asset into a digital token.

Interested parties can issue tokens on a platform that supports smart contracts which will enable the purchase and vending of this token on exchanges. Coupled with IP rights and microtransactions, this opens a world where creators can tokenize and legally sell fractions of their assets.

For example, artists could tokenize and log a piece of work onto the public Ethereum blockchain, create a license around it, and program real-time royalty

payments.

This structure opens the door for widespread fractionalization of art ownership.

Decentralized autonomous organizations (DAOs) A DAO is a decentralized autonomous organization whose decisions are made electronically through code or the vote of the supporting members. DAOs create scalable, borderless online cooperation and have been used to coordinate grants and to fund public goods.

Having the proper legal wrapping for DAOs is critical.

Limited liability autonomous organization (LAO) LAOs are for-profit limited liability decentralized organizations. It enables its members to invest in earlystage Ethereum ventures and share in the profits.

Automated regulatory compliance Blockchain technology gives us the framework to create a shared ledger system where various parties can report their compliance data/documentation to the

appropriate authorities in an automatic manner.

Additionally, a blockchainbased framework can automate various functions of the law, such as tax compliance.

Machine to machine (IoT) payments IoT applications rely on machine-to-machine communication. Smart contracts present a unique interface for machine-tomachine communication that provides a secure, appendonly record that can be shared without a central administrator. Using smart contracts addresses the challenges of transparency, longevity, and trust in IoT applications.

Blockchain-based arbitration system In a blockchain-based arbitration system, users program their agreements into a smart contract that manages the arbitration procedure. These agreements seamlessly interact with smart contract code to ensure the enforceability of any arbitral awards. An integrated reputation system could help the community select arbitrators to resolve disputes. Blockchain-based arbitration systems will create a global, universally available judicial system that delivers low cost and highquality dispute resolutions online.

www.esq-law.com

Advanced Contract Drafting, Negotiation, & Dispute Resolution

28th -31st August, 2023

Lagos

Enquiries & Sponsorship +234 904 242 8483 training@esq-law.com

@myesqlegal www.corebyesq.com

Product Review

LegalBoard: A key board specially made for lawyers While most case management systems for lawyers are focused on data storage and office management, Legalboards was created to improve daily productivity by applying agile methods to legal workflows. As the legal technology industry grows from increased adaptation within firms, the need for increased productivity and solutions for common challenges lawyers face is also growing. Developing a solution that is visually pleasing while helping lawyers with their workflows, management, and productivity is needed.

L

egalBoard, is a keyboard designed just for lawyers. It is the brainchild of Brian Po s, a partner at Perkins Coie in Madison, Wis.

and the number pad. The keyboard shifts from lawyer mode to standard mode, so the number pad and function keys can function normally whenever the user wants.

designed with lawyers and their workflow in mind. It's complete with special keys and shortcuts to commonly used legal symbols and terms.

As a keyboard, it is pre y nice. It is a full-sized, wired membrane keyboard with good feel in the keys and solid legs to prop it up. It feels like a sturdy unit that will stand up to regular use.

Keyboards come in different languages, and now there's a keyboard for "legalese."

I'm not entirely familiar with lawyer workflows, but some seem to agree that working with a regular keyboard isn't very efficient.

But of course, the raison d'etre for this keyboard is its legal-specific keys. Po s' design incorporates common lawyerly functions into the keyboard, using the F1 through F12 function keys

42 | Esq Legal Practice

On the surface, the Legalboard looks like any old rectangular keyboard.

Upon closer inspection, however, you can see some irregular keys that probably won't make sense to the regular typist.

The Legalboard is a keyboard specifically

and "plaintiff."

"F" function keys (above the Just about everything about number keys) and the the Legalboard is the same as number keys on the right. a regular keyboard except for the top row of • The function keys – the F1 through F12 keys at It comes with several the top of the keyboard shortcuts to commonly used – insert these common legal symbols, like §, ¶, or ©, words and and even the words "court" abbreviations:

www.esq-law.com

· · ·

• • • • • • • • • • •

F1 = see.

F2 = e.g.

F3 = U.S. F4 = F.3d.

F5 = F.2d.

F6 = F. Supp.

F7 = U.S.C. F8 = C.F.R. F9 = plaintiff.

F10 = defendant F11 = appellant.

F12 = respondent.

Here's a closer look at the "F" keys: Four of the number keys also insert words: + = supreme court.

ENT = court of appeals.

0 = court. . = id.

If you press shift while pressing any of these word keys, the word is capitalized. So if I press F11, I get appellant, but if I press shift+F11, I get Appellant.

Three number keys insert symbols:

Indeed, finding the obscure symbols you need can be difficult. Even if you know where to find the symbol, it still requires several clicks to add it to a document. At least Google Docs lets you draw the symbol you're looking for www.esq-law.com

7 = §.

8 = ¶.

9 = ©.

The remaining number keys perform functions: • = insert bullets.

• / = turn small caps on and off.

• * = start or close the find window.

• 4 = add a footnote or return to the text from a footnote.

• 6 = add a comment or return to the text from a comment.

• 5 = turn Track Changes on and off.

• 1 = change line spacing to single.

• 2 = change line spacing to 1.5.

• 3 = change line spacing to double.

• NUM = turn the keyboard's legal functions on and off.

Three additional keys situated between the alpha and numeric keys allow you to format text as italics, underlined,

or bold.

Many of the keyboard's functions also work in other Microsoft Office products, including Outlook and PowerPoint.

The keyboard is comfortable to use and I can see its appeal for anyone who regularly writes legal memoranda and briefs.

There are keyboard shortcuts for certain symbols, but they often require a code you have to memorize. For example, for the © symbol, it's "Alt + 0169."

Here's what else the Legalboard lets lawyers do: - Turn underline, italics, or bold functions on and off - Turn track changes on and off

The Legalboard is a keyboard specifically designed with lawyers and their workflow in mind. It's complete with special keys and shortcuts to commonly used legal symbols and terms, like §, ¶, or ©, and even the words "court" and "plaintiff.

- Start a bullet list - Add a footnote or comment, then jump back to the main text - Find a term in your document, then jump back to the main text - Change line spacing - Turn small caps on and off - Insert common citations and legal words like “court”, “plaintiff”, and “id.”

Legalboards founder Brian Po s, who's a partner himself at a Wisconsin lawfirm Perkins Coie, was fed up with the traditional way of adding obscure symbols into their legal documents: "As was my custom, I had to stop what I was doing, use the mouse, go to insert a symbol, find the section symbol and hit insert," he told us that Indeed, finding the obscure symbols you need can be difficult. Even if you know where to find the symbol, it still requires several clicks to add it to a document. At least Google Docs lets you draw the symbol you're looking for...

The LegalBoard costs $65.

You can buy it at legalkeyoards.com.

It costs $65, and it works with Microsoft Word on Windows as far back as Windows XP. Unfortunately for Apple-loving lawyers, the Legalboard isn't compatible with Macs.

Esq Legal Practice | 43

ESQ LEADERSHIP IN LAW ACADEMY

Transforming from Senior Associates to Partner

10TH-14TH

JULY, 2023

Lagos

Enquiries & Sponsorship +234 904 242 8483 training@esq-law.com

@myesqlegal www.corebyesq.com

Marketing

3 TIPS TO LEVERAGE DIGITAL MARKETING TO GROW YOUR PRACTICE Your law firm's digital presence has never been more important to your ability to attract new clients and grow. While building a financially productive marketing program that measures success against clear financial goals is challenging, it's not impossible.

L

et's dive into some of my top tips for firms looking to amplify their reach and drive demand through digital marketing channels.

Tip 1: Make the Investment In the world of digital marketing, you have to spend money to make money. This goes for both human and financial capital.

It's incredibly difficult for someone who isn't an expert to run a successful digital marketing campaign, and

www.esq-law.com

it's a waste of billable time for a partner to handle demand generation when they should be focusing on practicing the law. Unless you have a fully dedicated team member that can put all of their time and energy into a sound digital marketing strategy, you won't see the results you're looking for.

Think of your digital marketing program as a car that's on empty. If you give the car some gas, it's going to get to its destination faster than if you were

pushing it. Instead of a empting to handle digital marketing internally, you should ideally partner with an agency that takes the time to understand your practice, build a customized strategy, and execute on it flawlessly.

Tip 2: Pursue a Variety of Channels You should also be prepared to spend a few thousand dollars a month to test different channels. Once you find channels that produce meetings at a financial productive rate, be prepared to scale!

The most successful digital marketing strategies typically consist of both organic and paid media

Think of your digital marketing program as a car that's on empty. If you give the car some gas, it's going to get to its destination faster than if you were pushing it.

Instead of attempting to handle digital marketing internally, you should ideally partner with an agency that takes the time to understand your practice, build a customized strategy, and execute on it flawlessly.

Esq Legal Practice | 45

efforts. This generally involves advertising on channels such as Google, Facebook, or LinkedIn, producing high-quality blogs, and amplifying that organic content through social media. We call that firing on all cylinders.

Pursuing a diverse digital marketing strategy is important not only because it allows you to be er understand and engage with prospective customers, but

The most successful digital marketing strategies typically consist of both organic and paid media efforts. This generally involves advertising on channels such as Google, Facebook, or LinkedIn, producing high-quality blogs, and amplifying that organic content through social media. because it minimizes risk.

Instead of pu ing all of your eggs in one basket, and suffering the consequences when costs sky-rocket in

certain months or quarters, a best-in-class marketing plan will consist of multiple channels.

Tip 3: Keep an Eye on the Competition Your competitors are advertising online, and you need to stand apart. The first step to ensuring you stay one step ahead is to conduct extensive competitive research. What channels are they advertising on? What keywords do they show up for? What does their messaging look like? The answers to these questions will help inform your own

Your competitors are advertising online, and you need to stand apart. The first step to ensuring you stay one step ahead is to conduct extensive competitive research. The answers to these questions will help inform your own strategy.

Tip 1:

strategy.

Once you know what they're doing, it's time to start thinking about differentiation. Digital channels are crowded nowadays, and uninspired messaging no longer cuts it.

46 | Esq Legal Practice

Good law firm marketers need to understand the cu ing edge of marketing in addition to the nuances of ethical legal marketing.

Don't shoot yourself in the foot by thinking that marketing isn't an area of specialization.

If your firm is struggling to realize its growth goals, you certainly aren't alone. A successful digital marketing program is hard to build, and it's key that you trust the right partner.

Make the Investment Tip 2:

Pursue a Variety of Channels

Tip 3:

Keep an Eye on the Competition

www.esq-law.com

Hearsay Evidence in Nigerian Arbitrations: Admissible or Inadmissible?

arbitration”. (Emphasis ours.) The long title of a statute is now accepted as important enough to be relied upon in explaining its general scope. Bello v. AG Oyo State (1986) LPELR – 764 (SC), (1986) 5 NWLR (Pt. 45) 828; UAC of Nigeria Plc. v.

AG of Lagos State (2010) LPELR – 5038 (CA).

Third, the basis of any arbitration is a wri en agreement of the partiesto submit their dispute to arbitration. Arbitration Act section 1. The Arbitration Act allows parties in their arbitration agreements to decide the rules and procedure for taking evidence in their arbitrations.

Arbitration Act section 19(2).

Based on this, the parties may agree that hearsay evidence will not be admissible in any arbitral proceedings arising from their dispute.

Fourth, in the absence of any agreement by the parties, and considering that both the Arbitration Act and the Arbitration Rules annexed to

www.esq-law.com

the Arbitration Act do not make any provisions on the admissibility or otherwise of hearsay evidence in arbitrations, the tribunal is empowered by Arbitration Act section 15(2) to “conduct the arbitral proceedings in such a manner as it considers appropriate so as to ensure fair hearing”. Such power is so wide that it enables the tribunal to “determine admissibly, relevance, materiality and weight of any evidence placed before it”. Arbitration Act section 15(3). See also Arbitration Act section 20, Arbitration Rules articles 15 and 25(6).

Therefore, an arbitral tribunal may rule that hearsay evidence be admissible or otherwise. The foregoing has also been confirmed by Prof. Idornigie in his book, “Commercial Arbitration Law and Practice in Nigeria 2015”, where he confirmed at page 236 that “the Evidence Act is not applicable to arbitral proceedings” but the arbitrator “shall conduct the arbitral proceedings in such a manner as it considers

appropriate so as to ensure fair hearing”.

Fifth, the International Bar Association Rules on the Taking of Evidence in International Arbitration (“IBA Rules”) do not consider hearsay testimonies as inadmissible in arbitrations. IBA Rules article 9 gives the tribunal the power to determine the “admissibility, relevance, materiality and weight of evidence”. IBA Rules article 9(2) specifically lists certain instances in which the tribunal either on its own motion or at the request of a party may exclude any document or oral testimony from evidence. Most of those instances border on relevance, confidentiality, unreasonableness and so on.

Conclusion

apply to arbitration.

However, this does not mean that hearsay evidence cannot at all, under any circumstances, be inadmissible in arbitral proceedings. The parties may by agreement hold that hearsay evidence should be inadmissible in their arbitral proceedings, and in the absence of that, the tribunal may make directions as to admi ing or excluding evidence in the interests of fairness and efficiency. Our opinion, however, is that arbitral proceedings should not be clogged by the rigid, technical, and statutory and case-law principles applicable to litigation. The aim of arbitration is to allow the arbitrator to have as much information and facts possible to enable an effective, fair and effectual resolution of the disputes before it.

We maintain that the principles governing the inadmissibility of hearsay evidence in litigation do not

We maintain that the principles governing the inadmissibility of hearsay evidence in litigation do not apply to arbitration. However, this does not mean that hearsay evidence cannot at all, under any circumstances, be inadmissible in arbitral proceedings.

Esq Legal Practice | 47

Cover Story

The

Emerging African Strategy Stephen Hardwood LLP as a law firm whose base of operation is located in London has an objective to achieve their clients goals has interest in Africa ; Africa being a continent with a population that is fast growing and developing with multiculturalism makes Africa a good target for inception Seeing that you are African but have a keen interest on the continent, if I may ask, what stirs your interest in Africa?

JA: Stephenson Harwood is headquartered in London, with 8 offices across Europe, Asia and the Middle East.

We do not have offices in

48 | Esq Legal Practice

Africa and that is a deliberate approach we have taken, based on our in-depth understanding and experience of the continent.

Of course, I am African, as is Kamal, and we have many Africans working in our firm.

Our interest in Africa is stirred by a genuine passion

for the continent, the exciting opportunities to do impactful work, and the unique advantage Kamal and I have as Africans doing business in Africa.

Lastly, I have lived and worked in different parts of the world including in Nigeria – there is a certain energy and warmth that

Africans have, irreplicable elsewhere, that also contributes to our enjoyment of work on the continent.

KS: I agree with Jide's answer wholeheartedly! Our partnership between a Nigerian national (Jide) and a Kenyan national (me), we

www.esq-law.com

We were also the first foreign law firm to award a prize at the Nigerian law school, an initiative Jide spearheaded, which saw three very bright Nigerian female students spend time at our offices on an all-expenses paid placement program. We have partnered with the Law Society of England & Wales to promote women in leadership in law discussions in Lagos. We partnered with the London Stock Exchange on the "Companies to Inspire Africa" which seeks to promote the fastest growing companies in Africa. Kamal coauthored a leading textbook: "Arbitration in Africa: a review of key jurisdictions" and is the co-authored the "African Promise" which is aimed at promoting more Africans in international arbitrations.

think gives us a unique selling point in developing our Africa practice and involving others internally.

Knowing that you have been practicing in Africa for a while, could you share a few experiences about your practice in Africa, like who your clients are, and what type of issues or cases you mostly deal with?

JA/ KS: Our practice in Africa is multi-faceted. We are both

www.esq-law.com

disputes lawyers, so we're involved in English law litigation and arbitration for African and foreign clients in a whole range of disputes in many sectors, including energy, renewables, insurance, banking & finance, projects and infrastructure, tech and fintech, tra nsportation, governmental issues, agriculture and FMCG, hotels & hospitality, and others.

However, our client base goes beyond that. Our clients have been involved in transactional ma ers including banking & finance, construction and infrastructure, projects and project finance, intellectual property, competition ma ers, regulatory, private client, immigration, transportation (aviation, shipping, rail) ma ers as

well as disputes.

Separately, law firms are another important client base for us. Owing to our approach to Africa, we are able to work with many of the leading law firms on the continent, large, mid-sized and small.

Due to our passion for the continent and our genuine commitment to its development, we have been involved and instrumental in a number of initiatives in Africa. Some of these include the following: We instituted an awardwinning secondment programme, which has seen over 65 secondees from leading corporates and law firms across Africa spend varying periods with us, all paid by us.

We were also the first foreign law firm to award a prize at the Nigerian law school, an initiative Jide spearheaded, which saw three very bright Nigerian female students spend time

at our offices on an allexpenses paid placement program.

We have partnered with the Law Society of England & Wales to promote women in leadership in law discussions in Lagos.

We partnered with the London Stock Exchange on the "Companies to Inspire Africa" which sought to promote the fast growing companies in Africa.

Kamal co-authored a leading textbook: "Arbitration in Africa: a review of key jurisdictions" and co-authored "African Promise", which is aimed at promoting more Africans in international arbitration.

Doing business in Africa can be quite challenging, as it's a different terrain from what you are used to. How have you been able to navigate the waters, or should I say, what strategies have you adopted to thrive in Africa above other international law

Esq Legal Practice | 49

We have clients all over Africa and we would like to expand our African footprint. Our largest client bases are in Nigeria (in W.Africa), Kenya and Uganda (in E.Africa), Egypt (in N.Africa) and we also have many clients in Mauritius.

firms present here?

JA: As I stated earlier, being African gives us a unique advantage in dealing with

the challenging business environment that some African jurisdictions pose. It means that we understand the cultural nuances of doing business. It also means that we are able to work with clients to circumvent the so-called challenges, or to minimize them as much as possible.

Another important fact (not necessarily a strategy) is the personal relationships we have with individuals in African law firms and organisations. Our strong relationships make it easier to confront challenges encountered by clients.

KS: I agree with Jide. In addition, our experience

spans over 30 years combined, and with our upbringing in Africa, and now being in London which is a leading hub in the West for African work, helps us to navigate most challenges thrown our way.

Africa) and we also have many clients in Mauritius.

We have done a lot of work in Rwanda and Ghana and see those regions as important for the continent.

Being a Pan-African law firm, what regions would you say you have the highest number of clients in?

KS: One area we would like to increase our footprint is in Francophone and Lusophone Africa through our London and Paris offices.

JA: We have clients all over Africa, but we would like to expand our African footprint further. Our largest client bases are in Nigeria (in West Africa), Kenya and Uganda (in East Africa), Egypt (in North

Global FDI flows bounced back in 2021, growing by 88% to USD 1 815 billion, and 37% above prepandemic levels. However, the outlook remains uncertain, given the current geopolitical context. This growth was driven by

Europe

Africa

+

190 Partners

26%

Of our people are based in Asia

50 | Esq Legal Practice

49

Top rankings for individuals

+

90

Countries in which our clients are based

Asia

Middle East

+

1100 0

8

40

73%

People worldwide

Languages spoken by our staff

Offices worldwide

Revenue growth in the last seven years

www.esq-law.com

I would invert the question and say that the legal institutions in host countries need to be strengthened to increase the involvement of foreign business investors. Foreign investors are keen to do business in Africa and many already thrive, but a big aspect of the ease of doing business index is the enforceability of contracts (which includes the quality of judicial processes).

For every investor who leaves, there are a few queuing up in our experience. However it obviously depends on the country and investment sector.

OECD area earnings on inward and outward FDI reaching some of their highest levels since 2005.

Although this seems to be declining in recent times due to uncertainties in parts of Africa, but everything suggests that there are still huge opportunities. How has these changes in volume affected your practice?

JA: We have a long-term approach, which recognizes the cyclical nature of economic growth, so we continue to invest in relationships even during tough times.

KS: I agree. Cycles are ever present all over the world

www.esq-law.com

and Africa is no different.

However, given the diversity and sheer number of countries, these even out.

The one distinction we encounter is the election build up and post-election uncertainty.

West, which Africa is fast catching up with, but I do not see the differences as a negative thing necessarily.

The absence of strangling regulation, for example, may be behind the thriving fintech sector in Africa.

completely. The obvious answer is that first time investors should seek trusted advisers with a lot of experience in the particular jurisdiction. A good network of contacts is also important.

In your experience working in both first and third worlds, what would you say are the key differences between both in terms of management, economy, business, government regulations, and more?

Having gained enough experience working in Africa, can you walk us through what first-time investors in the region should look out for before investing in Africa? Also, what are some of the entrypoints for businesses who haven't worked in Africa but would like to?

We have seen a lot of African countries fair be er economically when they have a huge foreign direct investment in form of multinationals coming to set up 'shops'. Do you believe that business investment in Africa promotes economic development in host countries? If yes, why?

JA: Recent events, including the management of the pandemic, I think, show that the differences may not be as big as one might think. Of course, there are major advances in Europe and the

JA: Africa remains a learning experience and I don't think one can or should ever boast of understanding it

KS: Kenya is a good example of this and with the large multinationals comes local

Esq Legal Practice | 51

growth around those and more confidence in local investors and business. Also having large organisations like the UN creates a lot of businesses around that such as small and medium sized enterprises.

In your time of doing business in Africa and considering political and economic instabilities in some Sub-Saharan African states, what regions would you say have the highest return on investment, or are most profitable for business?

KS: I am not sure about highest return on investment, however one country, Kenya is seen as a big gateway into East Africa and indeed the rest of the continent too.

There are many complex reasons for this cultural, language, legal system (including arbitration), a highly diverse investor base, excellent travel links, great schools, and its very cosmopolitan culture (especially in Nairobi).

Have your clients established official policies and procedures for complying with international, host, and home country laws on human rights, labor and environmental standards?

To what extent do you advise clients to adhere to a particular set of standards?

KS: Compliance with local laws, regulations and procedures is now seen as standard in documentation. We do of course advise our clients on these areas with local counsel. Practice depends from investor to investor.

Seeing that Africa is constantly developing as there is much room for growth, how much local input do you take on or engage when your clients develop new projects? To what extent are locals involved in the conceptualization and execution of these projects?

There used to be, but thankfully this is changing for the better as new IP legislation comes into effect or is amended. This is good as there are huge developments in areas like the pharma field where IP is key.

52 | Esq Legal Practice

have left Africa, how does this exit affect investment and growth of the African economy?

JA: Working with local firms is a part of our DNA. We regularly instruct African firms, refer our clients to them, and are likewise instructed by African firms.

We always seek to partner with local firms when being engaged by African clients.

Not only does this make work easier, it is also appreciated by the clients.

Would you say that the involvement of foreign business investors in Africa has in any way strengthened the legal institutions in host countries?

JA: I would invert the question and say that the legal institutions in host countries need to be strengthened to increase the involvement of foreign business investors.

Foreign investors are keen to do business in Africa and many already thrive, but a big aspect of the ease of doing business index is the enforceability of contracts (which includes the quality of judicial processes).

Due to insecurity, poor government regulations, and political instability, many foreign businesses

KS: For every investor who leaves, there are a few queuing up in our experience. However, it obviously depends on the country and investment sector.

What would you say are the sources of liquidity to finance an exit? Also, can equity and earnings be easily repatriated to the investor's country?

KS: This is a complex issue and needs local advice so there is no one size fits all answer.

Are there significant issues concerning intellectual property protection in most African business deals?

KS: There used to be, but thankfully this is changing for the be er as new IP legislation comes into effect or is amended. This is good as there are huge developments in areas like the pharmaceuticals and life sciences where IP is key.

Would you say that SubSaharan Africa is the next emerging market for investors? Can you give

www.esq-law.com

Absolutely, but only if the leadership can act in a way that benefits these countries. When one looks at our young population, the increasing levels of education, the use of the mobile phone to replace traditional infrastructure (fintech, agritech and edutech) as well as our huge mineral resources in a time when there is a global shortage of important minerals, and our natural resources when considering renewable and non-renewable energy supply, it is evident that if these qualities are properly harnessed and managed, Africa's potential is huge. pointers if your answer is in the affirmative?

JA: Absolutely, but only if the leadership can act in a way that benefits these countries.

When one looks at our young population, the increasing levels of education, the use of the mobile phone to replace traditional infrastructure (fintech, agritech and edutech) as well as our huge mineral resources in a time when there is a global shortage of important minerals, and our natural resources when considering renewable and nonrenewable energy supply, it is evident that if these qualities are properly harnessed and managed, Africa's potential is huge.

What is the effect of the global economic crisis on Sub-Saharan Africa, and what is its effect on existing portfolio companies an d future opportunities?

KS: It has been significant, and a number of investments are strained or have gone south to the point of entering formal disputes. However, I don't think this will push away new investments.

Investors are hungry to enter Africa in a number of

www.esq-law.com

jurisdictions and sectors.

What legal or policy changes would make investing in Africa more a ractive to funding sources? What else should be done to encourage further private equity investment in Sub-Saharan Africa?

JA: I would introduce some level of harmony in the continent's arbitration institutions and improve the enforcement of arbitration contracts from genuinely procured arbitration awards.

KS: I agree. It is very important that the courts and judges remain independent and high quality, to give investors more confidence.

In some countries the Governments interfere too much behind the scenes, which spook investors and that needs to change. Also, elections need to become much less of an event to the point the private sector can almost carry on as normal rather than the stop-start we currently see.

On a lighter note, how do you shift from being a professional to just relaxing and having a good time?

JA: traveling and enjoying new cultures, cuisines, ways of thinking, is key to my relaxation. I also enjoy a good book (fiction and nonfiction)

How about a holiday spot you never get tired of visiting?

KS: people and venues help make the switch between the two, and often the venue makes a business meeting more like a friendly conversation which helps build relationships. Out of work, spending time with kids, the London parks, theatre and events, in Africa local sights and sounds especially music, art galleries, events. For me, landing into Africa feels like home, not work which is not a feeling I have in others places I travel to for work.

KS: Kenya, Mauritius, Zanzibar.

Do you have a fashion piece you cannot do without? What fashion/cultural lesson have you embraced since you moved to Africa?

JA: my fitbit: functional fashion.

KS: my iphones; smart casual is becoming more accepted in Africa thankfully, and very casual for weekend meetings/ entertaining.

JA: Cape Town and the South of Italy

Most non-Africans who live here have come to embrace some of our delicacies, is there an African delicacy you can't get enough of?

JA: this is a politically tricky question – I do enjoy jollof rice of all types, and I am a big fan of the soups of South-Eastern Nigeria. I also enjoy game meat in Southern Africa (Kudu, Oryx and Venison). When I'm in Kenya, I have several Dawas (a Kenyan drink) a day.

KS: Mandazi in Kenya, Ugali too sometimes with Tabasco, Injera in Ethiopia, jollof in Lagos and Accra, local bread in Cairo, yams in Nigeria (which I a ribute to my twins!), all sorts of local beers but Tusker is of course the best one, bhaajis in Kenya. Lots to sample as you can tell.

Esq Legal Practice | 53

TRAININGS LIMITED

General Counsel Strategy Summit 2023 9th - 13th October,2023 Enquiries & Sponsorship 12 | Esq Legal Practice

+234 904 242 8483 training@esq-law.com

Lagos

@myesqlegal

www.corebyesq.com

Management

Automating Your Firm for more Productivity Automating your firm will save you time and money. But where do you begin, and how do you ensure the automation process doesn't hinder your ability to provide a clientcentered experience?

L

aw office automation technology provides infinite opportunities when it comes to helping you save time on key law firm processes, and money on your bo om line. This includes client intake, documentation, client communications, and more.

Why automate law firm processes?

Lawyers can automate a significant portion of their

www.esq-law.com

work with current technology as this will give your law firm the advantage of servicing your clients and a racting new businesses more efficiently. With law office automation and technology, you will not be taking away the human element of the practice, rather, you will be shrinking non-billable hour by spending fewer resources on time-intensive administrative tasks.

Another benefit to

automation is that firms will have more time for work requiring your unique legal skills and expertise.

Here are a few ways automating routine law firm processes will benefit your organization as automation will: •

•

Remove room for human error related to duplicate data entry.

Create a be er client experience, i.e., when

•

•

•

processes clients interact with directly are automated or selfservice (such as filling out forms), it gives a be er experience.

Increase a orney satisfaction as lawyers can spend more time on billable work and other revenueproducing activities.

Improve communication and transparency between your firm's staff and clients.

Decrease the overhead costs of staffing and other fees associated with a conventional

Esq Legal Practice | 55

•

law office.

HOW TO AUTOMATE YOUR LAW FIRM Automating your law firm might seem easier said than done, but with the right steps in place, the transition can be easier than you think.

Here are six steps to consider when adopting automation technology for your firm.

Choose what to automate The key is to start with one thing at a time, i.e., start with one thing that you don't like. Now, think of all the tasks that would be a lot simpler and quicker if you didn't have to manually execute them.

Evaluate the value of each task Now that you've created a list of all the things you don't like doing, the next

56 | Esq Legal Practice

step is to decide which ones have the best automation opportunities like, does it take a lot of time to do, is it repetitive or tedious, or is it a necessary but non-billable task? Most importantly, is it time-sensitive?

Create a plan If you know that your firm could benefit from automating numerous tasks, then create an action plan to tackle these changes one after the other. You'll also need to prioritize implementation as part of your daily tasks, so you don't jeopardize lawyerclient experience.

Clio App Directory is a good place to start your research.

If you can't find exactly what you're looking for, tools like Zapier can help you automate actions between specific tools.

Develop a change management plan Technological change can be uncomfortable and intimidating for your staff but ensure they're aware of the plan. Also, ensure your staff has proper training in place to have a smooth transition, and it's always be er to communicate change early.

time as there many customization opportunities using automation tools.

Also, each vendor will regularly offer new and updated features, so you should never be complacent with your technology.

Also, regularly asking for feedback from staff and clients will help you uncover valuable opportunities for improvement—and further savings on overhead.

WAYS TO IMPLEMENT LAW OFFICE AUTOMATION

Review and repeat Research automation tools Once you've prioritized which processes to automate, conduct research to find the best solution that fits your needs—based on your implementation timeline and budget. The

Law firms are full of processes that don't require Although part of the the a ention and time of advantages of implementing a orneys or even staff. Law automation includes being office automation is a way of able to “set and forget it”, using technology to there will always be an complete these repetitive advantage to regularly reprocesses, from intake to evaluate your processes over invoice. We'll be

www.esq-law.com

With law office automation and technology, you will not be taking away the human element of the practice, rather, you will be shrinking nonbillable hour by spending fewer resources on timeintensive administrative tasks. Law office automation technology provides infinite opportunities when it comes to helping you save time on key law firm processes, and money on your bottom line. highlighting ways to implement law office automation: Client intake The client intake process sets the foundation for how you go about building a relationship with your clients as first impression counts. Client intake is the critical step where client and case information are collected, and where clients have their first direct touchpoint with your law firm. Your firm can automate portions of this process by allowing clients provide their intake information online, and then sync this seamlessly with your client intake and/or case management software.

Tools for client intake automation

clients the option to sign virtual documents with esignatures, there are plenty of tools that will enable you automate the client intake process. Look for a tool that works directly with your practice management software, allowing you to create a new contact or case as soon as a new client fills out an intake form.

Document automation Document automation is exactly what it sounds like—faster and easier document creation. Unlike tax preparation software programs, robotic document drafting tools work by presenting users with a questionnaire that they can easily fill out. These responses are automatically collected and recorded within a case which are inserted into a document template and returned for approval.

Tools for document

automation With Clio Manage, you're able to pull items from different ma er fields into merge fields that will enable you automatically create documents from your ma ers.

Clio Manage integrations such as Lawyaw offer even more solutions, such as the ability to auto-populate documents, automating the document creation process, and more.

Client communications Automating client communications can help cut down the time required for individual client intake, document drafting, and billing. However, it shouldn't prevent highquality personalized communication. Automation will help you cut down on tedious processes and simple routine communications, leaving

more space and time for higher-quality personal interactions.

Tools for client communication automation Clio Grow is Clio's cloudbased legal client relationship management software that helps create a more efficient process when it comes to a racting and retaining clients for your law firm. In one place, you're able to automate tasks, emails, and workflows that may be redundant for your law firm but are of utmost importance for developing strong relationships with your clients.

By optimizing these areas, you'll be able to spend less time doing non-billable tasks, thereby creating more time for revenue-generating work for your firm.

From customizable intake forms to software that gives

www.esq-law.com

Esq Legal Practice | 57

Book Review

CRIMINAL JUSTICE IN NIGERIA

A PRACTICAL GUIDE

I have taken my time to read the book.

Apart from that this book is a cutting edge treatise on the subject of criminal law practice and system in Nigeria, presented with clarity and in a refined style and layout, illustrative of great depth of thought and research, I have established that the work is a product of a well-experienced lawyer and prosecutor's desire to provide a practical, down-to-earth guide on administration of criminal justice in Nigeria, with a view to enriching the knowledge of prosecutors, Legal Practitioners, students of law, Law Enforcement Agents, members of the Bench and other stakeholders in the Administration of Criminal Justice sector in Nigeria

T

he masterful and penetrative nature of the author's presentation of the issues and laws on the subject of criminal justice makes the work quite enchanting, a worthy acquisition, to users.

58 | Esq Legal Practice

The book is not just another work, but a well-researched, clearly presented in-depth analysis of criminal law practice and administration of criminal justice in Nigeria, focusing largely on

a thorough-analytical review of provisions of the Administration of Criminal Justice Act, 2015, in comparison with similar legislation in States of the Federation, with relevant case law and related

ancillary legislation, including a comparative but prognostic analysis of the practice in some foreign jurisdictions. However, its richness is manifested, not only in the comprehensive coverage of topical issues

www.esq-law.com

and aspects of criminal law practice in Nigeria as illustrated in the extant law, but in the easy-to-read style of presentation of the discussions. One other endearing style of this book is the “Tips for Lawyers” closingsection of each chapter, based, as it were, on both the outcomes of discussions on each chapter, and the author's rich knowledge and vast experience spanning over 23 years as an Advocate, and later a very Senior Legal Officer and criminal prosecutor in Nigerian courts.

These said, it must be pointed here and now, respectfully, that being a product of the humankind, this book is not perfect, hence is not free from occasional errors and slips; indeed, no work of man (this Review not excepted) is perfect, since man himself is not a perfect being. However, the Reviewer considers it more apt to communicate directly to the author, such areas (although they are very few)

www.esq-law.com

that are, in the Reviewer's opinion, deserving of further touch and finetuning in subsequent editions of this great book.

Nevertheless, if one wants to see one book that vividly illustrates the difference between, on the one hand, the work of a scholar (however brilliant or diligent in research) who possesses li le or no practical/personal experience in criminal law practice and procedure, and on the other hand, the work of a Legal Practitioner who combines scholarship and diligent research abilities with knowledge borne of deep personal involvement and experience as a lawyerpractitioner in the criminal law and justice system, I think this work is a sure bet.

It was Francis Bacon who observed that some books are to be tasted, others to be swallowed, and some few to be chewed and digested.

The book, Criminal Justice In Nigeria: A Practical Guide is among the ones to be not only read, but also chewed and swallowed for intellectual enrichment and ethical edification. The Reviewer has no doubt that this seminal presentation in the form of a book is a superlative contribution to law/legal scholarship with immense capacity to contribute in assuaging the growing thirst among members of both the Bar and the Bench, students of

law, aspirants to the bar and the Bench, as well as other stakeholders in the legal profession, among researchers and seekers of knowledge generally, for practical knowledge on the subject areas covered.

law books, articles and opinions in Nigeria are wri en in the English Language; the businesses of the Courts and the legislatures in Nigeria are conducted basically in the English Language; all law businesses are conducted in In conclusion, may I the English Language. And commend the author, apart from a sound knowledge of the law and Cordelia Uwuma Eke for having made out time to put possession of other lawyering skills, English together a book of this nature. In an era where Language and many often slide into inertia communication skills are the in other areas upon most important tools a appointment into the lawyer needs in order to Ministry of Justice, Mrs. C.U succeed in the profession; Eke has chosen to follow her every analysis, opinion, etc., passion to make this of the law or legal term is superlative addition to hinged on the lawyer`s knowledge by translating ability to understand and to great prevision into an clearly, efficiently, and impressive reality with a effectively communicate in view to placating increasing the English language. This craving for knowledge makes a sound knowledge among researchers and and effective command of stakeholders. I commend the the English Language very author especially for having central to success in legal employed the English writing. This book Language usage in a substantially achieves this masterly manner to achieve purpose. Review by: clarity, simplicity, concision and precision in Sylvester Udemezue presentation of the (udems) is a legal practitioner in Nigeria, a discussions in this work, so as to make the book a ready Lecturer at Nigerian Law School and a member, and waiting, easy-to-readAssociation of Urban Legal and-understand-and-apply Scholars (AULS), among work. As you all are aware, numerous other local and English is the official international professional language (the Lingua organizations. He can be Franca) in Nigeria and the reached on +2348109024556. approved language for all law communication and law mrudems@yahoo.com. businesses in Nigeria.

Accordingly, virtually all

Esq Legal Practice | 59

Tourism

Malta THE JEWEL OF THE MEDITERRANEAN

60 | Esq Legal Practice

www.esq-law.com

a

Malta, a small archipelago of islands consisting of Malta, Gozo, Comino, and two other uninhabited islands is located at the centre of the Mediterranean, 93km to the south of Sicily, Italy, and 290km to the north of Africa, with its capital in Valleta, is indeed a sight to behold.

B

oasting of a warm Mediterranean climate with mild winters and hot, dry summers, Malta is surely a place to visit, welcoming over 2 million tourists annually.

With over 6,000 years of history, Malta has a long colourful past dating back to the dawn of civilization. Going through a golden Neolithic period, the remains of which include the mysterious temples dedicated to the goddess of fertility. Several empires and kingdoms have conquered this tiny island, forcing it to adopt their way, which is evident in modern Malta today. If you would be visiting Malta, then it will be safe to understand the history of this multi-cultured country.

The earliest foreigners to set foot on Malta after the Neolithic period were the Phoenicians, then the Carthaginians, Romans, and the Byzantines, who all left traces of their contact on the island, evident in their language, cuisine, governance, and lifestyle in general. After Apostle Paul's shipwreck episode on the Maltese island in 60 A.D., Christianity became widespread till 870 A.D. when Malta was conquered by the Arabs, forcing them to adopt Islam.

Other empires like the Spanish, British, and French, had a taste of power in Malta, with the British empire being the last before the Maltese got their independence in 1964, and became a republic in 1974. As a tourist, one of the sights to look forward to in Malta are the magnificent temples that have mostly become UNESCO World Heritage Sites. The Megalithic Temples of Malta as they are called, date back to approximately between 3,200 to 2,500 B.C., and they are claimed to be the oldest free-standing structures on earth.

Malta boasts of seven megalithic temples, with two temples of Ggantija on the island of Gozo, notable for their gigantic bronze age structure. On the island

www.esq-law.com

Esq Legal Practice | 61

of Malta, the temples of Hagar Qim, Mnajdra, and Tarxien are unique architectural pieces, given the limited resources available to the builders.

Lastly, the Ta'Hagrat and Skorba complexes show how the tradition of temple-building was handed down in Malta.

Myths have it that these temples were used for a cult connected to death, agricultural purposes, or were created in a demonstration of power to other islanders.

If you are not a fan of the stone age experience, then there are other fun spots you can visit in Malta: • • • • • • • • • • •

Independence Gardens Malta racing club Sant' Antnin family park BOV adventure park Victor Tedesco stadium Malta National Aquarium The Blue Gro o Dinner in the sky The coral lagoon Qui si-sana Gardens Dive in the blue hole beneath the Azure window

• • • • •

The St. Paul's Catacombs The Esplora science museum The famous 'Popeye village' Splash and fun water park Catch a show at the Manoel theatre

Malta boasts of seven megalithic temples, with two temples of Ggantija on the island of Gozo, notable for their gigantic bronze age structure. On the island of Malta, the temples of Hagar Qim, Mnajdra, and Tarxien are unique architectural pieces, given the limited resources available to the builders.

62 | Esq Legal Practice

•

Visit Marsaxlokk village

For night life fun seekers, Malta has a lot in stock for you, here are places you can visit for a nigh ime out: • St. Julian's in Valleta • The 5-hour piratethemed boat party • The Thirsty Barber in Valleta • Gianpula club • The Isle of MTV Festival in June or July • Dragonara Casino • Casino Malta by

• •

Olympic Casino Portomaso Casino Oracle Casino

A visit to Malta would not be complete without a taste of the Maltese cuisine. Remember we mentioned earlier that the Maltese cuisine is a blend of several cultures in Europe, Middle east, and North Africa. The Maltese do not joke with their cuisine as it is a symbol of national pride, with

www.esq-law.com

Other empires like the Spanish, British, and French, had a taste of power in Malta, with the British empire being the last before the Maltese got their independence in 1964, and became a republic in 1974. As a tourist, one of the sights to look forward to in Malta are the magnificent temples that have mostly become UNESCO World Heritage Sites.

dishes inspired by local produce, and arise from recipes handed down through the ages. With rusticism at its base, Maltese cuisine offers everything from delicious snacks to seasonal mouth-watering meals and desserts: • Ħobż/Ftira biż-Żejt – Open Sandwich, Pastizzi – Savory Cheese or Pea Cakes, Stuffat tal-Fenek – Rabbit Stew, Torta tal-Lampuki – Lampuki Pie, Stuffat tal-Qarnita – Octopus Stew,

www.esq-law.com

Aljo a – Maltese Fish Soup, Pudina tal-Ħobż – Bread Pudding, Figolli – Maltese Easter Biscuits As religion is an important aspect of Maltese culture, most traditional Maltese sweets are baked during certain religious holidays or festivals, similar to the kwareżimal. Figolli, a flat bread-like cake is baked during the Easter period.

The dough is usually worked into the shape of a lamb or rabbit, before

baking. The delicious pastry is made from a mixture of flour, sugar, egg yolks, and bu er.

Figolli are known for their mouth-watering filling of intrita, which is essentially an almond paste. The Maltese like to decorate their figolli with

a coat of icing sugar or melted chocolate, and they often place half of a chocolate Easter egg on top.

So, whether you love cultural heritages or just want to have fun in the Mediterranean, Malta has got you covered!

· The Maltese do not joke with their cuisine as it is a symbol of national pride, with dishes inspired by local produce, and arise from recipes handed down through the ages. With rusticism at its base, Maltese cuisine offers everything from delicious snacks to seasonal mouth-watering meals and desserts

Esq Legal Practice | 63

TRAININGS LIMITED

MECHANICS OF MERGERS AND ACQUISITION

4th - 8th September, 2023 Lagos Enquiries & Sponsorship +234 904 242 8483 training@esq-law.com

@myesqlegal www.corebyesq.com

Finance

Financial Independence for Lawyers More than most other professions, the legal profession suffers greatly from high rates of work stress, substance abuse and mental health challenges, often due to the fact that quite a good number of lawyers are stuck with jobs that they don't like or they just can't seem to have much choices due to money reasons. This is why a thorough understanding of the concept of financial independence is crucial for lawyers.

Defining Financial Independence?

Financial independence can be defined as the state of being weaned of the need to continually work for the sole purpose of earning a paycheck.

There are many routes to achieving financial independence but the broad message is to acquire assets that will be enough to cover your expenses.

Much more than increasing your income, financial independence is really about reducing your living expenses; earning more may just seem like only a means to the end. Investing in the stock market has, for many ages, remained a popular route to financial independence for many.

www.esq-law.com

Another viable route is by cultivating multiple streams of income across a range of asset and investment classes like rentals, real estate, royalties, among others.

Ge ing On The Road To Financial Independence

times your annual living expenses in investments.

You should note that this is only a rule of thumb and nothing more, it is not a cut-and-dried rule for financial independence. The rule is derived from a study which

looked at different investment portfolios across different time periods to arrive at the percentage of money that retirees could withdraw from their accounts per year without running out of money during the time

The rule of thumb in personal finance is that financial independence has been reached when you have 25

Esq Legal Practice | 65

The rule of thumb in personal finance is that financial independence has been reached when you have 25 times your annual living expenses in investments. You should note that this is only a rule of thumb and nothing more, it is not a cut-and-dried rule for financial independence. period. The study revealed that 4 percent was the safe withdrawal rate. Since 4 percent is the safe withdrawal line, financial independence can therefore be achieved by creating an investment portfolio that is 25 times your living expenses, giving you the greatest financial cover.

Saving Is As Old And As True As Time Some have a empted to discourage many from saving on the premise that saving does not guarantee financial independence since the value of money keeps diminishing with time.

While this not entirely false, it is still far from the truth. Saving helps you set apart a certain percentage of your income, invariably forcing you to reduce your living expenses while bolstering your reserves. Don't forget that the goal is to reduce your expenses. In the long term, as your expenses go down, your savings will go up.

66 | Esq Legal Practice

This is why you must have a defined savings rate. Your savings rate is the percentage of your income that goes into your savings. For instance, if your annual income is N20 million and you save N5million, it means you have a savings rate of 25 percent.

Also, monies that you set aside for debt contingencies or emergencies would be regarded as part of your savings since they are set aside to defray your living expenses as they arise.

With a disciplined saving habit and a diversified portfolio, you will inch closer to your goal of financial independence.

Many have recommended a savings rate of up to 50 percent but you don't have to go that high from the get go.

You can start with a lower rate, after factoring your individual circumstances, then gradually increase it as you gather momentum.

Your Financial Life Is Not A Different Part Of Your Life

Please note that this is not about living an austere life just to amass enough An erroneous notion savings or investment but which is believed by about living a free and many people and often fulfilling life that is not propagated by books on controlled by spending money is that your and inordinate cravings financial life exists is antithetic to the independent of your financial independence normal life. This is not so, dream. as every aspect of our lifestyle affects our Why You Should Strive finance and vice versa.

To A ain Financial Independence Your lifestyle has a great impact on your finances and the more it costs, the Financial independence more money you need to transforms your relationship with money. save or make to reach It frees you from the financial independence. universal rat race of This is why the first step to financial independence earning a living, is not investing or saving spending it, losing it and worrying about it. or cu ing down your Ultimately, it sets you up expenses by 90 percent, to live life you envision but by adopting what for yourself.

Vicki Robbins called the “Financially independent Financial independence Thinking” in his book gives you the option of “Your Money or Your choosing your preferred Life”. This new thinking route. Some people framework enables you to examine your lifestyle decide to work jobs that with a view to improving guarantee them security while some fly solo, your relationship with making do with the money. profits of their

www.esq-law.com

endeavour. Some delve into entrepreneurship and chart an entirely new course while still having enough cover for the rainy days.

The benefits of financial independence are not delayed. You start reaping the benefits the moment you embracing the F.I. Thinking. As your debts decrease and your savings increase you begin to experience huge relief from your perennial worries. As your income streams multiply and your portfolio appreciates you begin to gain the confidence to live your age-long dreams. Financial independence affords you flexibility in the choices you make which is the perfect measure of the life worth living.

How To Get Started On Your Financial Independence Journey Get Intentional Ge ing started on your financial independence journey has to do with, first, gaining clarity on your values and adopting a disciplined (financial) lifestyle. This will see you relinquishing behaviours like impulsive spendings and taking your financial decisions from that an autopilot approach to that where you are the driver.

Every expense must fulfil a part of your values and not just because other

www.esq-law.com

people have it. Don't forget that every money you spend buying what does not add real value to you deprives you of that value as it robs you of the opportunity to buy that thing.

Have a financial roadmap A financial roadmap is crucial to the success of your journey as it will serve to keep you on track throughout the journey. To create one, all you need is a notebook and a pen and you can

classes. This will help to insure your portfolio from the market shortfalls that affect specific assets. Don't forget the cardinal rule of investing which is never to lose your principal.

Pu ing all your holdings into one asset class is a sure way to lose your principal.

Enjoy the process Lawyers, by nature, tend to be perfectionist but this is no time to be one.

You will make mistakes and experiences some hiccups in your financial

start the arithmetic of drawing out your current financial situation. This starts with you examining your current earnings and spendings.

You want to know where your money has been going. This will not only sere as a reality check but will also give you all the data you need to reposition your lifestyle in the right direction.

After intimating yourself with your current reality, the next step is to take active step to eliminate or, to use a more

corporate expression, restructure them. The point is to reduce your debts and expenses.

Multiply your income streams The next thing in your financial roadmap should be how to multiply your income streams. This, you can do, by investing and diversifying your portfolio across different non-correlating asset

Fina ncial independence is about being intentional with your money and spending only when it adds to your values. The road to financial independence is not a sprint but rather a marathon that materializes as you gather momentum. independence journey but you must realize that the most important thing is to enjoy the process and keep going.

road to financial independence is not a sprint but rather a marathon that materializes as you gather momentum. As a lawyer, it presents you an Conclusion opportunity to take Financial independence is charge of your finances and by extension, your about being intentional life. with your money and spending only when it adds to your values. The

Esq Legal Practice | 67

Gatefold

LEVERAGING THE AFRICAN OPPORTUNITY AMIDST MOUNTING UNCERTAINTIES Nigeria has not been spared the dual shock of the Covid-19 pandemic and Russia’s invasion of Ukraine. In the wake of mounting inflation, the region risks eroding its recovery from the pandemic with limited fiscal space, uncertainty around Nigeria’s upcoming election, and instability.

Despite this, the country presents some exciting opportunities in the area of ICT, Infrastructure etc. As a leading Law firm in Africa, Partners from G Elias, and Co share their views on the opportunities and challenges in Nigeria Does Nigeria's current economic, legal and regulatory regime create an environment that encourages or inhibits investments?

Fred Onuobia;

N

igeria's current economic, legal and regulatory

68 | Esq Legal Practice

regime is peculiar, in the sense that arguments can be made for both scenarios. It encourages investment in some respects and inhibits it in others. It encourages investment in that the laws are largely modern and comprehensive, at least on paper, the population is large,

young and motivated, and it has plenty of natural resources.

On the other hand, infrastructural development is weak, there is much insecurity of the person, there is not enough government respect for the rule of law, the courts are often

slow, both the external and the internal value of the currency are unstable and there is much unemployment.

What more can be done to encourage the participation of more investors?

www.esq-law.com

Nigeria current economic, legal and regulatory regime is peculiar, in the sense that arguments can be made for both scenarios. It encourages investment in some respects and inhibits it in others. It encourages investment in that the laws are largely modern and comprehensive, at least on paper, the population is large, young and motivated, and it has plenty of natural resources.

www.esq-law.com

Esq Legal Practice | 69

The most active sectors in the economy at the moment are food production, “ICT” (i.e. the internet, computers and telecommunications), trade, transport, construction, energy and financial services. It is not surprising that many of these areas are the largest contributors to the nation's gross domestic product today. They are also the sectors most likely to grow rapidly in the near- and medium-term, and they are driven by Nigeria's good fortune and demographics: rich natural resources underpinning a population most of which is young and ambitious.

Segun Omoregie: The key elements needed to encourage the participation of investors are well-known: be er infrastructure, be er personal security, more government respect for the rule of law, quicker court proceedings, exchange rate stability, a higher rate of employment and less inflation.

The exchange rate, employment and inflation situation combine to mean that there is much less purchasing power in the economy than there should be.

Which sectors are currently active and which ones are poised to

70 | Esq Legal Practice

grow the most rapidly in the near and mediumterm in Nigeria?

good fortune and demographics: rich natural resources underpinning a population most of which is young and ambitious.

Michelle Chikezie The most active sectors in the economy at the moment are food producIs Nigeria still a ractive tion, “ICT” (i.e. the to funding? internet, computers and telecommunications), trade, transport, construc- Fidelis Adewole; Yes, but tion, energy and financial the services.

It is not surprising that many of these areas are the largest contributors to the nation's gross domestic product today.

They are also the sectors most likely to grow rapidly in the near- and medium-term, and they are driven by Nigeria's

funding available would improve dramatically if all of the elements needed (see 2 above) were to be in place. We should also bear in mind that the pot of long-term investment cash available in Nigeria is now nearly the equivalent of nearly USD35bn. That is the current size of the funds being managed by the pension funds industry managers. It has been growing at more than 15% per year, and it is not insubstantial. 20 years ago, the funds in that industry had aggregate negative value.

What are the unique opportunities and challenges that lawyers

For both seasoned and new investors, the uncertainty in the legal and regulatory landscape is a challenge that lawyers must be mindful of.

Lawyers must constantly keep themselves up to date so that they can advise the investors correctly. Counselling investors is also an opportunity to build lasting and beneficial client relationships.

www.esq-law.com

must be mindful of as they counsel both seasoned investors and those relatively new to the Nigerian investment environment?

lenges are the scarcity of for firms of all ages and any traditional metric – skilled staff and the sizes. headcount, specialisms, broader constraints on clients, instructions, growth in our economic Nana Dare: billings on which G. Elias environment. To be clear, For example, 2022 so far 2022 is not significantly opportunities abound not has been a great year for ahead of G. Elias 2021. only for smaller, younger G. Elias. I cannot think of Stephen Chima Arubike: firms but For both seasoned and new investors, the The most significant trends are the ongoing increases in specialization and scale (there are now perhaps as many as 20 uncertainty in the legal Nigerian firms with more than 40 lawyers each). There are also and regulatory landscape clear improvements in organization (for example, many firms is a challenge that now have human resources and business development lawyers must be mindful departments) and in branch network (there are now perhaps of. Lawyers must over 50 firms with offices in each of at least 3 cities). constantly keep themselves up to date so that they can advise the investors correctly.

Counselling investors is also an opportunity to build lasting and beneficial client relationships.

Okechukwu Okoro: Perhaps a key opportunity is that leadership in most of the active sectors is not yet frozen, so that many new faces can still rise, and their lawyers can rise with them as long as the lawyers strengthen their own expertise and capacity.

Among the key chal-

www.esq-law.com

Esq Legal Practice | 71

Amen Okosun: The same applies to newer metrics such as “work-in-progress”, internet and social media presence, formal in-house training and knowledge management. I would be surprised to find that our firm is alone in seeing these trends.

What recent trends can you observe in the Nigerian legal space, and how will this affect commercial enterprises and their lawyers?

Simi Oyelude: The most significant trends are the ongoing increases in specialization and scale (there are now perhaps as many as 20 Nigerian firms with more than 40 lawyers each).

There are also clear improvements in organization (for example, many firms now have human resources and business development departments) and in branch network (there are now perhaps over 50

72 | Esq Legal Practice

It will impact African legal practice positively. It will raise both standards and lawyer compensation. Further, the potential benefits for younger African lawyers who seek international business law exposure will be great. It will also lead to the rest of the world getting to know the more proficient African law firms better because those firms will begin to compete more frequently with the international law firms that the rest of the world already follows closely firms with offices in each of at least 3 cities). There are also now many more business disputes and transactions each over USD1bn in size than there used to be.

International law firms continue to eye Africa with a couple of them actually present in some countries. How is this affecting law practice in Africa?

Segun Omoregie: It will impact African legal practice positively.

It will raise both standards and lawyer compensation. Further,

the potential benefits for younger African lawyers who seek international business law exposure will be great. It will also lead to the rest of the world ge ing to know the more proficient African law firms be er because those firms will begin to compete more frequently with the international law firms that the rest of the world already follows closely.

compete with African firms at all in many areas such as personal and government work and litigation. It is likely that Africans will always know, and have stronger relationships with, Africa and Africans than nonAfricans will.

Given the many disruptions happening in the world of tech and business what differences do you see in today's market compared to when the firm started out years ago?

Seun Ologbon: The difference is staggering and has been hugely beneficial. When our oldest partner first started practising in Lagos in 1981, no one had a personal computer, there was no government agency regulating the Fidelis Adewole: technology space, there We expect that a number was virtually no law or of the leading African legal practice relating to firms will get squeezed in technology, documents the process, but internacould be revised only tional firms will still not semi-manually, and no

www.esq-law.com

law firm had an “IT” Department. All of these have now changed dramatically.

As we witness more disruptions in different industries and niches and their resultant impact on business and emerging markets, what opportunities are there for lawyers and how can they be er position themselves for exploits in times like this?

Michelle Chikezie: As I have mentioned above, there are plenty of opportunities for emerging lawyers to catch the next “big” companies.

The giant clients of the next 5 years are in m any cases not

The difference is staggering and has been hugely beneficial. When our oldest partner first started practising in Lagos in 1981, no one had a personal computer, there was no government agency r egulating the technology space, there was virtually no law or legal practice relating to technology, documents could be revised only semi-manually, and no law firm had an “IT” Department. All of these have now changed dramatically. yet spoken for. New technologies will create or extend areas of law that have not yet been dominated by established law firms. Beyond that, opportunities to learn and improve one's skills, knowledge and networks on-line are greater than they have ever been, and are still growing.

Your firm has made lots of significant achievements in the areas of finance and infrastruc-

It is difficult to single out a single transaction or dispute as our “greatest” because there are several strong candidates to pick from, and each of them has in its own way been critical in making us whatever it is that we are today.

www.esq-law.com

ture so much so that you have won lots of local and international laurels, looking back what has been your greatest achievement or novel transaction that set a new standard in the Nigerian Legal Profession?

investment treaty arbitration). For that same period, perhaps our most visible deal is the highly complex acquisition of Union Bank by Titan Trust Bank Ltd. (Nigeria's largest bank acquisition in over 5 years).

Abubakar Anafi: It is difficult to single out a single transaction or dispute as our “greatest” because there are several strong candidates to pick from, and each of them has in its own way been critical in making us whatever it is that we are today. If we confine ourselves to 2021, perhaps the most significant dispute is our victory in Zhongfu vs Nigeria (pioneering

Recently the firm joined the international law firm network of Multilaw. Just how important do you think an international alliance is for law firms in today's market?

Simi Oyelude: There are Multilaw firms in nearly 100 countries worldwide (now including 10 in Africa today).

Multilaw gives us greater global reach than we

Esq Legal Practice | 73

Our commitments to excellence in technical proficiency, training, responsiveness and having an international outlook remain and have always been in our “DNA”. They will be with us whatever alliance we may be in and even if we have no alliance.

But being in an international alliance is important in many respects. The world is getting smaller and significant clients are becoming more “international” in their activities. Alliances provide greater collaborative business development and training opportunities, as well as broader law firm management experience and exposure to draw from, than may otherwise be possible. would otherwise have.

Our commitments to excellence in technical proficiency, training, responsiveness and having an international outlook remain and have always been in our “DNA”. They will be with us whatever alliance we may be in and even if we have no alliance. But being in an international alliance is important in many respects. The world is ge ing smaller

74 | Esq Legal Practice

and significant clients are becoming more “international” in their activities.

Alliances provide greater collaborative business development and training opportunities, as well as

in today's legal market, how can African law firms build and sustain resilient practices?

Stephen Chima Arubike: To build and sustain a resilient practice, one needs to develop skills, scale, a network, a product mix and a coherent back-office. broader law firm Without skills, clients management experience have no reason to come to and exposure to draw from, than may otherwise you rather than go elsewhere. Without scale, be possible. they will be nervous about bringing challengGiven the rate of development and competition ing work to you for fear

To build and sustain a resilient practice, one needs to develop skills, scale, a network, a product mix and a coherent back-office. Without skills, clients have no reason to come to you rather than go elsewhere. Without scale, they will be nervous about bringing challenging work to you for fear of your lacking the capacity to execute the work smoothly. services.

www.esq-law.com

of your lacking the capacity to execute the work smoothly. Without a product mix, you will be at the mercy of the cyclicalities and other vagaries of the markets for legal services.

Without a network, many prospective clients will never hear about you.

Without a coherent backoffice, your lawyers will be distracted, overwhelmed and inefficient because they will have too much non-law work to do.

Okechukwu Okoro: At bo om these points apply not only to African law firms but to all organizations, whether they are law firms or not, whether they are African or not. Our firm espouses all of them fully. We have always had capacity sufficient to bear comfortably our workload from time to time, but we do not seek scale for the sake of notoriety.

Last year, the firm admi ed three of its long-standing lawyers into the firm's partnership while also promoting younger lawyers to the position of senior associate, is this a testament to the quality of training that the firm imbues in its employees or a reward of many years of experience and commitment?

Fred Onuobia: We like to think that the promotions that you mention are indeed a

www.esq-law.com

We like to think that the promotions that you mention are indeed a testament to the quality of our training, and that they reward skill, experience and commitment. However, they are in fact not as new or as isolated as you appear to assume. Before them, there had been two partner promotions in 2020, and the exciting “pipeline” of “rising stars” that we are fortunate to have will ensure many testament to the quality of our training, and that they reward skill, experience and commitment. However, they are in fact not as new or as isolated as you appear to assume. Before them, there had been two partner promotions in 2020, and the exciting “pipeline” of “rising stars” that we are fortunate to have will ensure many more in the years ahead.

Gbolahan Elias: And it is not just a ma er of increasing the number of younger partners in absolute terms. The respective specialisms that they have developed and now

add to the partnership will propel our future growth. They are certainly ready for the executive responsibilities which shortly will soon begin to fall on their shoulders.

As a firm that prides itself in employing and moulding talents into professionals, how important is the role of talent in professional development vis-à-vis other virtues like diligence and discipline?

are making their debut in the legal profession today?

Abubakar Anafi: What a young law student making a debut in the profession should do is clear and fairly simple: work hard, be professionally curious, acquire at least one specialism, build a reputation and broaden your network.

Adedayo Adebisi: We think that talent is absolutely paramount.

Diligence and discipline are important for talent to achieve its full potential, but without talent as a foundation, discipline and diligence cannot go far.

And it is not just a matter of increasing What advice would you the number of younger give to law students who partners in absolute terms. The respective specialisms that they have developed and now add to the partnership will propel our future growth. They are certainly ready for the executive responsibilities which shortly will soon begin to fall on their shoulders.

Esq Legal Practice | 75

lifestyle

maintaining

Sanity transitioning between Jobs Sanity is the ability to think and behave in a normal and rational manner, a key feature of sanity is a good mental health with a state of calmness, and it should be noted that there is a very thin line between sanity and insanity, which is often caused by anger, hatred, jealousy, alcohol, trauma or drugs.

T

he Holmes and Rahe Stress Scale (HRSS) confirms that work-related problems account for a surprisingly large portion of the mental duress that humans experience. The HRSS was created in 1967 to identify just how stressful specific life events are and there are 43 events on the scale.

According to the Holmes and Rahe Stress Scale,

76 | Esq Legal Practice

“Being fired at work” is 8 on the list. “Major change in financial state” is 16, “Changing to a different line of work” is 18, and “Major change in responsibilities at work” (demotion or promotion) is 22.

The longer you experience unemployment, the more likely you are to report

symptoms of psychological unease, according to a 2014 Gallup poll. The poll also found that 1 in 5 Americans without a job for a year or more report that they've been, or are currently undergoing treatment for depression.

According to a 2019 study published in the Journal of Occupational Health Psychology, people who are

www.esq-law.com

unemployed lose access to job-related benefits such as time structure, social contact, and status, which contributes to increased depression. So, maintaining sanity between jobs is what many have found quite difficult as the emotional, mental, physical and financial stress of the waiting period can be challenging, especially in Sub-Sahara Africa where there are no unemployment benefits.

Job hunting, especially when unemployed is one of the most stressful and anxiety-inducing events an adult can go through.

If you've recently lost a

www.esq-law.com

job, or transitioning between jobs, you may be at risk of developing major depressive disorder (MDD).

According to the Anxiety and Depression Association of America, each year, about 6.7 percent of U.S. adults experience MDD, with the average age of onset being 32. So, if you're experiencing MDD, it can be hard to imagine a positive way to overcome your employment challenges. Symptoms of MDD include: • Feelings of worthlessness, selfhate, or guilt • Feelings of helplessness or

• • • •

• • • •

hopelessness Fatigue or chronic lack of energy Irritability Difficulty concentrating Loss of interest in once-pleasurable activities, such as a hobby or sex Insomnia or hypersomnia (excessive sleeping) Social isolation Changes in appetite and corresponding weight gain or loss Suicidal thoughts or behaviors

However, here are some ways to stay sane while job hunting or transitioning between

jobs: Stick to a schedule – When we experience a major life change such as ge ing fired or the need to leave a job, it can be tempting to sleep/stay up late, eat junk food, and generally change our daily schedule. This is a mistake! In Stay Sane and Focused During Your Job Search, Anu Arora wrote, “Whatever happens, we must show up for life every day. That involves waking up at a sane hour, taking the time to chew healthy meals, exercising and going to sleep at a reasonable hour. Taking a shower, paying a ention to hygiene and dressing

Esq Legal Practice | 77

up is a part of the same strategy.” If you want to get through this season while maintaining your sanity, sticking to a schedule is a must.

Learn To Breathe: breathing, though automatic is easily taken for granted because it comes naturally to everyone. What most people fail to realize is that their breathing habits alter relaxation, keeping the body in a tensed mode. You need to learn to calm your body and mind by practicing 4-7-8 beathing inhale through your nose for 4 seconds, i.e., hold your breathe for 7 seconds, and exhale for 8 seconds. Then, try several cycles of this, 4 at the least, for optimal results.

78 | Esq Legal Practice

Work Out: if ever there is a time to exercise, its during a job search or while transitioning between jobs as physical activities literally burn up stress chemicals floating around in your bloodstream, leaving you strong and healthy.

Pamper Yourself: as funny as this sounds, you need to have it at the back of your mind that all work and no play make Jack a dull boy. Take time to care for yourself, give yourself treats, take naps when needed, and give your brain well-deserved breaks from work.

Be prepared for failure.

Even with the best laid plans, something inevitably can, and will

And it is not just a matter of increasing the number of younger partners in absolute terms. The respective specialisms that they have developed and now add to the partnership will propel our future growth. They are certainly ready for the executive responsibilities which

www.esq-law.com

According to the Anxiety and Depression Association of America, each year, about 6.7 percent of U.S. adults experience MDD, with the average age of onset being 32. So, if you're experiencing MDD, it can be hard to imagine a positive way to overcome your employment challenges.

go wrong as it's just human nature. Having a transitioning plan is great, however, a plan A, B, or C is be er. Know how you will make adjustments as you go forward so that you don't get overwhelmed or frustrated if your plans do not fall in place.

Remember, that the key element is to stay sane.

Don't be afraid to ask for help during your transition. This is one of the most difficult things for some transitioning clients to do, but it is crucial that you communicate with others about what your concerns are prior to leaving active duty.

It's easy to say that 'everything is fine' and 'it will all work out', but the reality is that nothing in life is perfect (even if the warranty on the box says it is). You may be prepared to face bumps

www.esq-law.com

in the road, but if you can't talk to someone about those challenges and seek out resources that may be available to you, that road can seem like a mountain. If you need help with your finances (or writing your resume or searching for a place to live), ask a professional! There are resources available to anyone who asks.

Have fun with people you love.

Remember those people you hardly had a chance to talk to or hang out with while you were stuck at work every day?

Your family and friends would love to hear from you and spend time with you. A Sunday brunch or other weekend activities will certainly boost your happiness level as you search for a new job.

Also, who knows what kind of networking opportunities you might

find while you're out having a good time? The major key in this period of career transition is to remain positive, and remember that delay does not mean denial.

Your "yes" is on its way.

Get out of the house.

You may not have the money to travel the world, but exploring your city can be a fun experience. Try out that restaurant you've been dying to go to for lunch, visit the park, check out

that new exhibit at the museum of your choice, or any other place that will not 'break' your purse. It's very important to schedule time for yourself to get your mind off the fact that you're searching for a new job or you just got laid off.

Finally, every dark cloud has a silver lining, and there will always be light at the end of a tunnel. So, chin up and have a positive outlook to life, as failure is not final.

Esq Legal Practice | 79

Market Report

20 Hot Cases in Labour Law

A REVIEW OF SIGNIFICANT RECENT LABOUR DECISIONS

By Damilola Omotosho

The bulk of employment and labour-related laws around the world and especially in Africa are hinged not only on the provisions of legislation but the interpretative and enlightening case laws that have evolved over the years. These case laws have given definitions to the letters of the law and their applications by the courts of law have greatly brought the letter of the law alive.

I

n this article, we would highlight twenty of these era-defining cases where the courts have interpreted the law to the facts of the case in an innovative way to guarantee that justice is not only done but seen to be done.

Nigeria

80 | Esq Legal Practice

Recognising unfair labour practices, the National Industrial Court of Nigeria (NICN) in the cases of Mr. Adebayo v Superior Pharmaceutical Ltd (Unreported Suit No. NICN/AK/62/2018) and Pharm. Obateru Olufemi Abidemi v Fidson Healthcare Plc (Unreported Suit No. NICN/AK/06/2018), (judgments delivered on

February 17, 2020), deprecated a notorious practice in the pharmaceutical industry.

This practice involves a situation where pharmaceutical companies hold on to the original university certificates of their employees during the pendency of their employments as some sort of insurance or bar against

employee exits. The original certificates would only be handed over to employees whose employment contract was terminated or who resigned after the successful completion of an exit clearance.

Like the pharmaceutical industry, the Court in Amanze v. Union Bank Plc. (Unreported Suit No. NICN/LA/424/2018, judgment delivered June 29, 2021) held that the practice of se ing deposit targets by banks was unfair. The employee in this case failed to meet 100% of the target set by the bank and the bank used this as a condition for the termination of the employee's employment.

The Court held that an employer must provide

www.esq-law.com

work for its employees and the practice of expecting an employee to provide his work is unlawful and amounts to an unfair labour practice.

just 19 days shy of is 10-year record which entitles him to gratuity from his employer.

In construing the statutory intent of the law as to the retirement of magistrates in Similarly, in the case of Lagos, both under the Magistrates' Court Law and Olaleye v Polaris Bank the Public Service Rules, the Limited & Ors (Unreported NICN held in the case of Suit No. NICN/LA/24/2011, judgment delivered Abodunrin E i v Lagos December 15, 2020) State Judicial Service the defendants held Commission (Unreported up the employee's Suit No. NICN/LA/674/2018 delivered on September 30, confirmation of 2020) that the 35-year employment beyond the timeline threshold was stipulated sixapplicable as against the 60month probationary year retirement age period. The defendants contained in the Magistrates' thereafter proceeded to Law. terminate the employment of the claimant. The Court Similarly, in Girei v. Sigma awarded the sum of Pensions Limited N5,000,000.00 as aggravated (Unreported Suit No. damages against the NICN/ABJ/379/2020, defendants for these judgment delivered unconscionable acts.

December 7, 2021), the Court noted that the withdrawal threshold of 25% provided The Supreme Court in CBN for in the Pension Reform v. Adedeji (2022) 13 NWLR (Pt. 1847) 361 recognised the Act is only applicable to employees who retire fact that notwithstanding that employees have voluntarily before the age of separate contracts of 50 or who were disengaged from employment. This bar employment with an is inapplicable to employees employer, all redundant who reach the retirement employees can institute a age. Thus, this class of representative action as the employees can make a lump exercise was done in a blanket manner and its sum withdrawal from their effect on all the employees retirement savings accounts was the same. upon a ainment of the retirement age.

In Chukwunonso v Ecobank Ltd (unreported Suit No. The Courts have not only NICN/EN/17/2019; prevented the unjust judgment delivered exploitation of employees November 18, 2021), the but also of employers. In NICN noted with Overland v. Sekula (Unreported Suit No. indignation the unfair labour practice undertaken NICN/LA/599/2018, by banks where they hold judgment delivered April 12, staff responsible for 2021), the employee signed a processing loan documents, training bond with his without more, liable for a employers who covered the debtor's default on loan cost of the requisite training. repayment. This case was He however failed to give even more significant the required notice to his because the employee was

www.esq-law.com

employers when he left his job, and nor did he refund his employer the cost of the training. The Court held that the Defendant was liable to pay his employer in lieu of the notice and to refund the cost of the training under the training bond.

The Courts have also begun recognising the rights of intending employees as held in Obienu v AIDS Healthcare Foundation (unreported Suit No ABJ/122/2020, judgment delivered on September 29, 2021) where it was held that the defendant was liable in damages to the claimant who had accepted their offer of employment and resigned from her former place of employment. The defendant was therefore liable for the breach of contract by withdrawing the offer made to the claimant.

South Africa The worldwide state of lockdown and restriction on mobility due to the COVID19 pandemic gave rise to the increasing use of videoconferencing applications at various levels. The Court in Food and Allied Workers Union (FAWU) v. South African Breweries and Another (J435/20) [2020] ZALCJHB 92 examined South African Breweries' obligation under Section 189(a)(13) of the Labour Relations Act (LRA) vis-à-vis the COVID-19 restriction protocols. In that case, in order to consult with employees or their representatives on possible restructuring and dismissals, South African Breweries proposed consultations via the Zoom videoconferencing application. The Union refused and insisted that all

consultations and negotiations would only be done physically. It, therefore, refused to partake in all discussions that South African Breweries had with other stakeholders. The Union further applied to court that it is procedurally unfair for the consultations to take place on Zoom. The Court, embracing technological innovations and the new normal, held that the LRA does not prescribe the form in which the consultations must take place.

Similarly, in Bessick v Baroque Medical (Pty) Ltd (CCMA) (unreported case no WECT13083-21, judgment delivered on May 9, 2022), the employer mandated all employees to be vaccinated in line with its operational policy as an essential business that supplied medical devices to medical institutions. The applicant refused based on personal, medical and religious grounds. It was held that the retrenchment for refusing to comply with the vaccination policy was fair.

Further, in South African Navy and Another v. Tebeila Institute of Leadership, Governance, and Training (252/2019) [2021] ZASCA 23, the Court held that an employer may impose restrictive requirements for certain roles so far as they are imposed for reasons of national security and withstand the constitutional standard of unfair discrimination. Therefore, the age requirement imposed on intending officers were necessary and in conformity with the challenges that come with the roles.

Esq Legal Practice | 81

In the landmark case of Mahlangu v. Minister of Labour (CCT306/19) [2020] ZACC 24, the Constitutional Court confirmed an order of the High Court of South Africa where it was held that Section 1(xix)(v) of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) was unconstitutional to the extent that it excluded domestic workers employed in private households from the definition of “employee”. The implication of this is that domestic workers are now entitled to compensation if they contract diseases, and suffer injuries or death in the course of their employment.

The case of National Union of Metal Workers of South Africa and Others v Aveng Trident Steel (a division of Aveng Africa (Pty) Limited) and Another (CCT178/19) [2020] ZACC 23 addressed the long-due question on whether an employer can dismiss employees who refuse to accept a change in their conditions of employment as proposed by the employer. The Court held that employers are entitled to dismiss an employee in order to adapt to changing economic climate that requires them to restructure their businesses.

Along the same lines, the Constitutional Court of South Africa in Association of Mineworkers and Construction Union and Others v Royal Bafokeng Platinum Limited and Others (CCT181/18) [2020] ZACC 1, recognised that the issue of mass retrenchments by a company is necessary for it to remain economically viable and competitive. The retrenchment agreement in the instant case was reached

82 | Esq Legal Practice

to the exclusion of the applicant which was the third union and the second minority union at the mine.

The Court held that Section 189(1)(a) of the LRA does not infringe the minority rights of workers as there was no requirement for individual consultations with each and every union or employee under the provision. Accordingly, the retrenchment process in Section 189(1) is fair and accords with international standards.

Seychelles An integral part of employment remuneration includes pension and retirement plans put in place by employers. In Lablache v Banque Francaise & Anor (CS 88/2018) [2020] SCSC 81 (delivered on February 17, 2020), the pension plan agreement of the Defendant company specified clearly that employees were entitled to a pension after retirement at the age of 60. The Plaintiff resigned 16 years from his 60th birthday and was paid all his benefits except pension. the Court held that the Plaintiff was not entitled to pension as he had not shown any extenuating circumstances such as proven incapacity or infirmity, which may entitle him to pension even if he

retired from employment before the age of 60.

Recognizing that disciplinary measures are an integral aspect of employment, the Court in Seychelles Public Transportation Corporation vs. Ernesta (CA04/2020) [2021] SCSC 344, considered an appeal from the Employment Tribunal on the correctness of the disciplinary procedure followed by an employer.

The employer failed to state in the suspension le er and the le er of termination which of the offences listed under Schedule 2 of the Employment Act the Respondent had commi ed.

It is therefore imperative that it should not be left to an employee to ascertain under which provision of the law his employment is being terminated notwithstanding that it would appear that the alleged act of misconduct is so serious and obvious to the world.

Further, in determining the compensation to be paid to an employee on unlawful dismissal, the Court in Four Seasons Resort Seychelles v Chang-Time (SCA 60/2019) [2022] SCCA 12 held that an employee is entitled to compensatory wages from

the date of dismissal until the Employee Tribunal's decision is delivered. This computation of benefits takes into account salaries the employee may have earned at her new employment, providing adequate compensation to the employee.

Similarly, in Republic v Andrew Verlaque (CA 20/2020) [2021] SCSC 364, the Court considered the provisions of the law on self-termination. In this case, on the allegations that the Respondent was drunk on duty, the Appellant was presented with a le er of self-termination for him to sign. There was no iota of evidence that the Respondent consumed alcohol when he was on duty. The Court clarified that there are no provisions in the Employment Act that deals with self-termination for failure to perform work.

Rather, Part II Section 2 paragraph (b) of the Employment Act allows the employer to terminate for failure to report to work for a whole day on three or more days.

Conclusion As the world changes, the labour laws of different jurisdictions would change in line with employers' and employees' rights and obligations in the workplace dynamics. The courts will continually make pronouncements that would upturn the status quo, innovate around existing laws or uphold the law as it is. These and emerging trends will shape the future of employment disputes and relationships.

www.esq-law.com

Flats cut e Fashion

are

By Natalie Michie

Podiatrists warn against them. Vogue has unlovingly referred to them as “grandma shoes.” Their mere existence is enough to warrant dissertations on the internet. All things considered, it would seem nothing good can come from wearing flats. But that hasn't stopped fashion from bringing them back.

O

n the runway, designers have been signalling the return of the contentious shoe for some time, with brands like Miu Miu, Chanel and Simone Rocha pu ing their own spins on the classic design. Recent street style shots show celebs like Lindsay Lohan and Jennifer Lopez making the case for the no-frills footwear, while stars Alexa Chung and Zoë Kravtiz have long had a penchant for ballet shoes.

For a number of seasons, fashion has favoured

www.esq-law.com

chunkier soles, leading flats to be, as far as “trends” are concerned, sartorially outlawed. In spite of it all, the age-old shoe has risen above its modern-day critics and re-entered fashion's good graces. But public opinion remains largely divided, which should come as no surprise.

The ballet slipper has been around for centuries as a staple in dancer uniforms. In the '90s and early aughts, the shoe ascended to fashion statement status thanks to trend-se ers like Kate

Moss, who famously paired them with her everyday outfits. Since then, the minimalist footwear design has fallen in and out of popularity. And it's not hard to see why.

Unlike sneakers or heels, flats don't exactly do much to accentuate body features. Because of their shapelessness, they can make legs look shorter and feet look wider (ideal!). Not to mention, the very u erance of the shoe most likely drudges up dreaded visuals of “toe cleavage.” And when it comes to

structural support, there is none. Their deflated soles and tendency to squeeze toes together like a pack of sardines are, as it turns out, not so great for your feet. But, as I'm sure all the ballerinas say, that's showbiz baby.

Despite their design defects, ballet flats have landed back on the fashion map thanks to a mix of aesthetic subgenres currently thriving on TikTok. They are the obvious footwear choice within the balletcore trend and a staple of the cutesy

Esq Legal Practice | 83

Tumblr-era Twee style.

Ballet flats also capture the dainty Parisian fashion of the viral french girl aesthetic.

While they represented sleek, modern style in the 2000s, today, they garner nostalgia — be it from dance class, school librarians or your grandmother's shoe closet. Of course, with each new trend revival, old styles are updated.

In the case of flats, designers are introducing contemporary tweaks like chunky soles, grungy buckles and built-in anklets. Among these modernizations, though, the simple backto-basics flat has also regained its cult fashion following.

As the world opens up, the lightweight shoe has become the perfect commuter choice.

Whether it's trips to the office, school or (welldeserved) nights spent partying, flats are a portable option for hi ing the road in a

rush. And with their nohands-required application, they're the epitome of easy-access footwear. Subjective blandness aside, their meek design means they work with almost any outfit. As such, the appeal of this librarianesque footwear becomes quite clear.

With very li le padding between your foot and the floor, flats offer an air of polished sensibility and functionality.

They're an apparent antithesis to the chunky footwear trends du jour, like Crocs and Versace platform pumps. While extremist how-high-canyou-go soles are made for imaginative dressers, the classic ballet flat presents a humble alternative. Are they the most groundbreaking shoe ever invented? Not by a long shot. But do they really have to be? In the age of maximalist footwear, it's refreshing to see a shoe that knows exactly what it is: not much of anything at all.

As new technologies emerge, scarves will continue to evolve in design, color, and creation. If their history has taught us anything, it's the fact that scarves will continue to have a place in the fashion world.

4

Lessons In-House GCS Can Learn From Law Firm Data Breaches

Big data firms have always been the prime target for hackers but law firms are gradually becoming prime targets for cyberattacks and breaches. This is because law firms host volumes of commercially sensitive and confidential information which are cynosures for cyber attackers.

T

his, coupled with the obsolete level of cybersecurity measures, the shift from physical storage systems to cloud-based storge and the increasing sophistication of hackers has brought about a growing spate of law firm data breaches.

As a result of this growing trend, General Counsel (GC) can take a cue from the law firm peers in the legal industry to avoid suffering massive data breaches that will lead to regulatory sanctions, loss of revenues, disruption of company operations and damage to reputation.

84 | Esq Legal Practice

www.esq-law.com

Most companies, just like law firms do not invest in employee training in cybersecurity in spite of the mount of confidential they are privy to. These vulnerabilities often lead to data breaches. Bearing this in mind, a GC must use this insight to help build data privacy policies that will help create a sturdy firewall against cyber-a acks.

Strengthening Your Company's Cybersecurity Is Paramount More a ention and investment must be made to strengthen cybersecurity. This is because lack of sophistication in cybersecurity has been identified as the prime cause of data breaches in law firms and corporations. This obvious chink in the wall is known by cyber criminals who take advantage of the failings and security inadequacies to wreck massive data breaches. In most cases, all that needs to be done to prevent these breaches are basic security fixes.

The work must start from the IT department which will be saddled with the task of implementing strong cybersecurity measures. This therefore means that the strength

www.esq-law.com

of a company's cybersecurity depends greatly on the level of sophistication and the degree of efficiency of its IT department. The IT department must work to administer the right data protection measures. The IT department's decisions should include the latest data privacy regulations and cover all the relevant bases. In the same vein, a GC should therefore endeavour to recommend key data privacy policies that will ensure that the applicable data privacy regulations are observed.

As a GC, while in-depth knowledge of cybersecurity is not required, it would be advantageous to know basic cybersecurity measures and techniques that ought to be implemented. This way, it becomes easier to recommend useful data protection measures.

One great way to update your knowledge and expertise in the field is to acquire more Continuing Legal Education (CLE) credits in Cybersecurity by taking up courses to keep abreast of the developments in the industry. When in doubt, you could also ask questions from the IT department in order to have a technical understanding of your cybersecurity concerns.

You can also take it a notch higher by collaborating with the IT department to carry out a joint audit of your cybersecurity framework to identify potential vulnerabilities and instances of noncompliance with regulations.

movies, it is interesting to know that law firms have paid ransom to cybercriminals after experiencing a data breach. This behaviour stems from the desire to just pay the money so as to get their confidential data back but this does not always work as planned. Sophos' 2021 State of Ransomware Report found that only 8% of organizations who paid ransom got all their data back. Even the FBI likened ransomware to negotiating with terrorists.

Following a ransomware a ack, the best response is to work with the IT department to create a detailed incident response plan using the applicable data protection laws and Paying ransomware is regulations of your counterintuitive organisation jurisdiction as a guide. For instance, Even though it sounds like what only happens in in most jurisdictions, the law prescribes that in the event of any data breach, the affected organisation must notify data subjects and the public of the data breach, then proceed to work with IT to outline the appropriate steps to take in the event of a ransomware a ack or other cyber event. A good example is the ransomware a ack on Rhode Island law Esq Legal Practice | 85

Auto

TESLA

Gearing to take over the world Tesla, founded in 2003 by a group of engineers who wanted to prove that people didn't need to compromise to drive electric - that electric vehicle can be better, quicker and more fun to drive than gasoline cars.

T

oday, Tesla builds not only all-electric vehicles, but also infinitely scalable clean energy generation and storage products. Tesla believes the faster the world stops relying on fossil fuels and moves towards a zero-emission future, the be er.

Launched in 2008, the Roadster unveiled Tesla's cu ing-edge ba ery technology and electric powertrain. From there,

86 | Esq Legal Practice

Tesla designed the world's first ever premium all-electric sedan from the ground up Model S, which has become the best car in its class in every category.

Combining safety, performance, and efficiency, Model S has reset the world's expectations for the car of the 21st century with the longest range of any electric vehicle, over-theair software updates that

make it be er over time, and a record 060 mph accelerati on time of 2.28 seconds as measured by Motor Trend.

In 2015, Tesla expanded its product line with Model X, the safest, quickest and most capable sport utility vehicle in history that holds 5-star safety ratings www.esq-law.com

across every category from the National Highway Traffic Safety Administration.

Completing CEO Elon Musk's “Secret Master Plan,” in 2016, Tesla introduced Model 3, a low-priced, high-volume electric vehicle that began production in 2017. Soon

www.esq-law.com

after, Tesla unveiled the safest, most comfortable truck ever, Tesla Semi, which is designed to save owners at least $200,000 over a million miles based on fuel costs alone.

To create an entire sustainable energy ecosystem, Tesla also manufactures a unique set of energy solutions, Powerwall, Powerpack and Solar Roof, enabling

homeowners, businesses, and utilities to manage renewable energy generation, storage, and consumption. Supporting Tesla's automotive and energy products is Gigafactory 1- a facility designed to significantly reduce ba ery cell costs.

By bringing cell production in-house, Tesla manufactures ba eries at the volumes required to meet

Esq Legal Practice | 87

production goals, while creating thousands of jobs and this is just the beginning. With Tesla building its most affordable car yet, it continues to make products accessible and affordable to more and more people, ultimately accelerating the advent of clean transport and clean energy production.

Electric cars, ba eries, and renewable energy generation and storage already exist independently, but when combined, they become even more powerful – that's the future we want.

Tesla Model 3

y: The Model 3 has achieved NHTSA 5-star safety ratings in every category and subcategory. It has also received the IIHS Top Safety Pick+ award, with top ratings in all crashworthiness and front crash prevention categories: Ÿ Rigid Structure Ÿ Impact Protection Ÿ Very Low Rollover Risk Performance Quick acceleration Model 3 comes with the option

of dual motor all-wheel drive, 20” Überturbine Wheels and Performance Brakes for total control in all weather conditions. Its carbon fibre spoiler improves stability at high speeds, allowing Model 3 to accelerate from 0-60 mph in as li le as 3.1 seconds.

Range: Model 3 is fully electric, so you never need to visit a gas station! If you charge overnight at

home, you can wake up to a full ba ery every morning, and when you're on the road, it's easy to plug in along the way at any public station

Safet

88 | Esq Legal Practice

www.esq-law.com

or with the Tesla charging network. There are currently over 30,000 Superchargers worldwide, with six new locations opening every week.

Vision: Tesla Vision detects nearby cars, helps prevent potential collisions and assists with parking

Speci cations:

Description

Battery: Acceleration: Range: Drive: Seating: Wheels: Weight: Cargo: Displays: Supercharging:

Long Range 3.1s 0-60 mph with rollout subtracted 315 miles (EPA est.)

Dual Motor All-Wheel Drive 5 Adults 20 4,048 lbs 23 cu ft 15" Centre Touchscreen Max/ Payment Type 250 kW max; Pay Per Use Onboard Charger Max 11.5 kW max (48A) 4 years or 50,000 mins, whichever comes first 8 years or 120,000 mins, whichever comes first

Warranty Basic Vehicle: Battery & Drive Unit:

www.esq-law.com

Esq Legal Practice |89

TRAININGS LIMITED

ESQ Venture & Entrepreneurship Lab for Young Lawyers & Law Students 13th - 16th June, 2023

Enquiries & Sponsorship

+234 904 242 8483 training@esq-law.com @myesqlegal www.corebyesq.com

Young Lawyers

HOW TO

START LAW FIRM YOUR OWN

Starting your own law firm is no doubt a daunting adventure but it definitely not impossible. The hack is to shelf your fears and start. Once your law firm is up and running, you will have a good number of legal technology tools at your disposal which will make the task of running a law firm easier.

T

raditional law firm tools like calendar, diary, journal, as well as operations like invoicing, budgeting, contract drafting have all been automated with the aid of legal tech software.

However, starting a law firm goes beyond the above. A prospective founder must observe some key lessons about starting law firm. This article highlights 3 lessons that every prospective law firm founder must consider before making the big move.

A Law Firm Is A Business One almighty lesson you must know from the point of ideation is that a law firm is a business and must therefore be founded and run as such. The law practice industry is a highly

www.esq-law.com

regulated space and a law firm must therefore must be entrepreneurial, business savvy and must be able to come up with creative solutions to problems.

Starting a law firm is a whole new territory. You must be ready to make mistakes as you go and respond confidently to the risks that come with it. It is a tasking endeavour but with a proper mix of the right qualities, technique and confidence you will soon be running your law firm like a 'veteran'.

Law School Did Not Prepare You To Run A Law Firm Despite being a vocational ground for the profession, the law school does not teach you the qualities that will make you excel at

running your own law firm.

Ma er-of-factly, the law school teaches lawyers to shun risks and carry out their practice within the limits of the codes and regulations of the legal profession. This makes lawyers to be risk-averse which leads to the dearth of creative thinking among lawyers—a skill that is crucial to running a successful law firm.

You will need to educate yourself on the business of running a law firm, business management and leadership as well as basic secretarial skills.

You Can't Do It All Yourself As with starting a new business, starting a law firm is a lot of work. You must realize early enough, that you can't do it all yourself.

Don't be tempted to think you can draft that regulatory document, create an excellent business plan, follow up that new client, and craft the perfect marketing pitch all by yourself. Consider outsourcing and you will notice that you are achieving more with the limited time, resources and expertise that you have.

Hire professionals who know more than you do in their specific niches and also who embody your firm's values. This opens to a new world of collaborating with people with expertise from different industries to drive your firm goals and objectives.

One important area is choosing who is going to manage your financial books. This can make or mar your nascent law firm. You must therefore get it right.

Take your time, get the help of experts within the field if you have to and patiently make the best choice.

Esq Legal Practice | 91

Having a good financial partner is a gamechanger and can be the magic wand that will exponentially grow your law firm.

difference in order to stand out in the competitive legal practice landscape.

To stand out from the competition, you must employ a mix of The right financial different strategies controller for your law which include running firm must be your firm operations passionate about your with your clients at the center. This entails law firm's vision and goals, must possess the managing your client interactions in a relevant experience consistent and creative working in similar way. Other approaches organisations(s) and most importantly, must include occasionally be capable of analyzing highlighting your your accounts with the accomplishments, ability to relay valuable running a solid reports and insights to branding and marketing campaign the management in a and having a precise and easy-tounderstand way. transparent pricing framework.

Do It Differently, And Profitably Create Your Dream Team More than ever, the legal practice industry Also, don't forget to has become highly create a conducive environment that competitive. This is why you must start makes work-life your law firm with a balance a ainable as passion to make a well as the freedom to

work from wherever they want. The goal is to have a productive team. This will enable you a ract more experienced talents who will be be er equipped to service your clients' needs.

Conclusion Starting your law firm can be daunting but with the right idea, a plan and the first client , you are well on your way to building your law firm into a profitable venture.

From there, you will make mistakes and fail but when you do, ensure to fail forward and embrace the risks confidently. Don't give up on learning new things, invest wisely and assemble a team with the right mix of passion, expertise and energy.

Starting your own law firm is no doubt a daunting adventure but it definitely not impossible. The hack is to shelf your fears and start. Once your law firm is up and running, you will have a good number of legal technology tools at your disposal which will make the task of running a law firm easier.

92 | Esq Legal Practice

Once the unsuspecting user or target clicks the malware-laced link and enters sensitive information (e.g., a company password), the cybercriminal takes it up from there. The Egress report stressed that law firms and corporate organisations are highly prone to phishing cyber threats.

firm, Moses Ryan Limited which suffered an a ack on its billing system for 3 months. Despite paying the cybercriminals $25,000 worth of Bitcoin, the hackers refused to restore access until 3 months which led to enormous firm loss.

3. Human error is a leading cause of data breach Data breach isn't always about external criminal manipulation and access of data. In reality, most data breaches happen due to human errors which unintentionally grant access and information to hackers.

A 2021 Survey by Egress found that 73% of companies realized that they were breached after their employees jumped on external phishing emails.

These a acks involve cybercriminals impersonating others to trick users into some kind of action, from downloading a achments that deploy malware to forwarding confidential data. A good example is how cybercriminals frequently send out fake purchase emails to their targets pretending to be Amazon and

www.esq-law.com

4

Lessons In-House GCS Can Learn From Law Firm Data Breaches

using that as a ploy to phish sensitive payment information.

Once the unsuspecting user or target clicks the malware-laced link and enters sensitive information (e.g., a company password), the cybercriminal takes it up from there. The Egress report stressed that law firms and corporate organisations are highly prone to phishing cyber threats because criminals find it easy to impersonate one of their many clients to request for sensitive information.

This is why employee training must be prioritized as a way to minimize these risks. As a GC, you should work with the IT departments to create a mandatory employee training diet on the best practices for data protection and safety.

With the most basic employee training like

how to detect different types of phishing emails, incidents of data breach resulting from human errors will reduce drastically or prevented outrightly.

An example is the global law firms of Proskauer Rose and Jenner & Block LLP which both fell victims of phishing schemes in 2016 and 2017 respectively leading to unauthorized access of criminals into the firms networks and the resultant compromise of clients personal information including clients' Social Security numbers.

Data breaches destroy businesses When data breaches affect hundreds of millions of personal data, you can begin to imagine the effect this will have on the company and the public as a whole. For

When data breaches affect hundreds of millions of personal data, you can begin to imagine the effect this will have on the company and the public as a whole. For instance, in August 2013, Yahoo suffered a data breach which gave hackers access to billions of its customers account information including security questions, passwords, payment card information and bank data. This data breach brought down the value of Yahoo such that it's eventual purchase by Verizon was concluded at an undervalued price. instance, in August 2013, Yahoo suffered a data breach which gave hackers access to billions of its customers account information including security questions, passwords, payment card information and bank data. This data breach brought down the value of Yahoo such that it's eventual purchase by Verizon was concluded at an undervalued price.

Another example is the ransomware a ack on DLA Piper which is considered the first major ransomware a ack on a law firm.

More attention and investment must be made to strengthen cybersecurity. This is because lack of sophistication in cybersecurity has been identified as the prime cause of data breaches in law firms and corporations. This obvious chink in the wall is known by cyber criminals who take advantage of the failings and security inadequacies to wreck massive data breaches. In most cases, all that needs to be done to prevent these breaches are basic security fixes.

www.esq-law.com

Esq Legal Practice | 93

Bar Issues

What Is the Value of My Law Practice?

Have you ever thought about the value of your legal practice?

Maybe you haven't, but the fact remains that every law practice has a marketable value. And yours may have a value higher than you think.

T

o value your law practice, you must bear in mind that there are different methods to achieve this. The right method will depend on the purpose of your valuation and your unique preferences. But below are some of the basic methods:

what has happened in the past would, all things being equal, continue in the future.

Typically, the cash flow numbers that are examined are either revenue or firm's net income, with the la er being used in most professional and market valuations.

Rule Of Thumb Method

With regards to revenue, a law practice would typically sell for around 50% to 150% of average annual revenues which means that a practice with an average annual revenue of $500,000 could be valued or sold for anything between $250,000 to $750,000. There is however a slight drawback to this

The Rule of thumb method is actually not a one-set method but a combination of methods. Under this method, your past cash flows are analyzed to estimate the future value.

This valuation method is based upon the premise that

94 | Esq Legal Practice

approach as it does not take into consideration how the practice is being managed and this tends to have a huge impact on the practice value.

With regards to net income, a law practice would typically sell for two to three times of its net income.

Going by the above, a firm with a net income of $200,000 should be valued

or sold for anything between $400,00 to $600,000. This method however does not take into consideration the individual characteristics of the law practice which can have a big impact on its true valuation.

Market Comparison The business of buying and selling of law practices is often bedeviled by a dearth

Have you ever thought about the value of your legal practice? Maybe you haven't, but the fact remains that every law practice has a marketable value. And yours may have a value higher than you think.

www.esq-law.com

Have you ever thought about the value of your legal practice? Maybe you haven't, but the fact remains that every law practice has a marketable value. And yours may have a value higher than you think.

Key Value Indicators And Drivers

of publicly available valuation information. There seems to be no general database repository containing information on closed transactions and most negotiations are held in confidence. There are however experts with insider knowledge of the market. These experts range from lawyers, lenders, law practice brokers and others who are familiar with the law practice transfer market and can provided the muchneeded valuation information. Just like in other sectors like, capital markets, real estate or project finance for instance, these experts develop their

www.esq-law.com

specialized skillset from handling different law firm transfers over the years.

They are therefore familiar with market trends, analyses and insights and are therefore best positioned to proffer informed advice on same. For law practice valuation, these experts compare your law practice indices (financials, core practice areas, firm location or jurisdiction, clientele, among others) to other law practice deals that were recently closed. They then use these comparative data to arrive at an opinion as to the value of your law practice.

It must be said that every law is unique and no two law practices can exactly be the same. Therefore, when conducting a valuation using the comparative model, the peculiar characteristics of a law practice should be factored into the valuation in order to arrive at an accurate data. In some cases, these peculiarities could shoot up the valuation and in other cases, lower it. The above methods will help place your practice on a valuation spectrum. To ascertain with accuracy where your practice is located on that spectrum, you should factor in your firm's unique characteristics which could include indices like growth potential, brand identity, size of practice, client satisfaction, client diversity and inclusion initiatives, location, quality of staff, financial performance, among others.

practice, there is still the need to make certain adjustments even after factoring your law practice key value drivers. This process, just like the key value drivers above, could either bring down or increase your practice value.

Some typical adjustments used in law practice valuation include owner salaries and bonuses, onetime professional fees, nonarms-length revenues or expenses, repairs and maintenance.

Law Practice Valuation Is Volatile The value of law a practice is volatile. This is because the valuation process is often based on variables and comparative data which are subject to change. Some of these variables are unique to you and your practice, while others are external. It is a great idea to value your practice especially when contemplating succession planning and retirement.

Adjustments To arrive at an accurate market value for your law

Esq Legal Practice | 95

TRAININGS LIMITED

ESQ Private Equity Forum 2023 7th - 10th March, 2023 Lagos

Enquiries & Sponsorship

+234 904 242 8483 training@esq-law.com @myesqlegal www.corebyesq.com

Women Transforming Leadership Submit 2023

8

March, 2023

Enquiries & Sponsorship

+234 904 242 8483 training@esq-law.com @myesqlegal www.corebyesq.com

TRAININGS LIMITED

THE

EMERGING AFRICAN STRATEGY £3.12 F I N A N C E M A R K E T I N G M A N A G E M E N T T E C H N O L O G Y S P O R T S L I F E S T Y L E