‘How to win difficult cases’
By CLEMENT ADEYI
Wednesday, November 14, 2007

Lagos lawyer, Ladipo Johnson, has hinged successful handling of case to the lawyer’s adequate knowledge of the case. According to the legal practitioner, any lawyer who wishes to deliver a successful case needed to be conversant with both the strong and weak aspects of the case.

While stressing that many lawyers had lost cases they would have won easily, due to their inadequate knowledge of the case in question. Johnson pointed out that understanding the mentality and idiosyncracies of the opponent, as well as the judge handling the case, could go a long way in enhancing the lawyer’s competence and victory in the legal battle.
Johnson also spoke on other sundry legal issues.

Background
Ladipo Johnson had his secondary education at Suthon Valence School, Maidstone, Kent England. He later proceeded to the Lagos State University (LASU), where he bagged a Law degree. He attended Nigeria Law School in Lagos from 1994-1995 and was called to the Bar afterwards. Johnson started carving a niche for himself in the legal profession from his university days when he spent all his holidays at Dr. Arthur Nylander’s chambers, where he used to craft and prepare matters for trials and interviews for clients. With this, he did not only cut his teeth in law but got a tutelage that prepared him well ahead for the profession.

He was former Lagos State governorship aspirant on the platform of National Advanced Party (NAP), in the 2007 elections. He practices at Impey and Coker Chambers, Lagos.

First appearance
It was not strange to me at all, because my grounding in legal affairs right from my university days, when I spent my holidays at Arthur Nylander chambers. That was in 1988-1993. I had practical training with Nylander, a SAN, preparing matters for trials, interviews for clients. That was where I cut my teeth in the profession. I had the first appearance in court against a former Chief Justice of the Federal High Court. The case was a shipping matter and it was successful.

Most remarkable case handled
There are so many cases I handled, which I can refer to as remarkable. One was a shipping matter. I defended a suit filed for damages. It was a successful case for my client.
The second was my personal case at Eruwa High Court, Oyo State. My opponent was one of the renowned lawyers, the late Chief Bola Ige who stood in for the plaintiff. People tried to scare me from the case, telling me that I was too young to face the late Ige in court. But I remained resolute. Though I was young at the Bar, I proved my matter and won the case for my client. It was a chieftaincy title case. It was indeed, a great success for me to come out victorous against Ige.

Cases rejected
A lawyer can reject a case. This is based on the lawyer’s discretion. The kind of case that can be rejected by a lawyer is one that he is involved. For instance, if a lawyer has a relationship with the plaintiff, it then means there is a conflict of interest in the case. As he may not want to offend the plaintiff, he could decide not to accept or handle the case and just advise the plaintiff.
Moreso, some neo-pentecostals (born again) lawyers may reject divorce case based on the position of the Bible on the subject. But basic legal rule demands that sentiments should be ruled out of any case. A lawyer is supposed to handle any case professionally and give justice its pride of place.

Future of the legal profession
The future of the legal profession is bright. The current nation’s nascent democracy has, to some extent, reflected on the profession and the judiciary. For instance, the rule of law is better obeyed in the current democratic regime than in the last administration. That shows that there is a better and bigger future for the profession, I believe lawyers have to move from mere provision of legal service to clients when they run into trouble to become advisers and give daily support for the legal, commercial and social well-being of clients, whether corporate or personal.

Why some law graduate don’t practise
The study of law does not make it mandatory for law graduates to practise. Some people do the course to broaden their horizon of knowledge or interest to equip them for other professional challenges. Some people read law to work in corporate organisations like oil companies, banks among others.
Others fail or refuse to practise because of stage fright. I know of a brilliant solicitor who is not bold enough to appear before a judge in a court of law. He is brilliant, but not a good advocate.

Lawyers as fabricators
The reason people say lawyers are liars or fabricators is that they don’t understand or value the fact that it is always good to look at issues from different angles or perspectives and question existing facts. A lawyer should demonstrate the ability of taking the same set of facts and argue for it today and against it tomorrow, all in bid to put the matter in a sound perspective before a judge, as a servant in the temple of justice and hope that the judge would come to a proper decision to meet the end of justice.

Strategies for winning difficult cases
There are different strategies that a brilliant lawyer could apply to win a difficult case. Some lawyers won’t have lost some cases if they had known how to apply certain fundamental strategies.
First, the lawyer should know both the weak and strong aspects of the case he is handling. Second, he needs to know the mentality and idiosyncracy of his opponents. If he is aggressive and can be easily provoked, all that needs to be done is to get him more provoked and annoyed until he loses concentration.

More importantly, a lawyer needs to know the judge well and research into his attitude, whether he is prejudiced or biased.

This kind of understanding can help the lawyer to know the direction the judge would take. With this, the lawyer can as well know how to articulate his points in the matter.