| There’re temptations
in legal practice
By OMODELE ADIGUN
Wednesday, April 16, 2008
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Photo:
SunNews Publishing
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Nigerians are gradually coming out of the cocoon that Nigeria
is a country where nothing works. That is why they are praising
the judiciary for living up to expectation as the last hope
of the masses.
According to Barrister Francis Ogunbowale, the principal counsel
of Tenimasunwon Chambers, Lagos, the judiciary in the present
dispensation, has given the nation hope.
Choosing Law
You will agree with me that Law as a profession is noble.
We were made to know that apart from Medicine in the sciences,
Law is another course that was considered to be very noble
in the Arts. My father once told me that in the colonial days,
people going to a lawyer’s house would hold their caps
in their hands, remove their shoes, to show the type of respect
lawyers were accorded that time. Law, to me, is a noble profession
and I studied it with passion.
I had studied Political Science first before going for Law.
And we studied Political Science that time with passion too,
but I realized that Law was more professional and is still
more professional than Political Science. To be more liberal,
when you are a lawyer, you know that you have been trained
to go to court. But if you study Political Science, you will
still come back to become a PR man or an insurance man or
something else. I consider Law to be more professional than
Political Science and that is why I veered into it.
Fulfillment
I always like to tell people that it is one thing to study
a course that is focused and noble and is another thing for
you to study a course that will give you satisfaction. Well,
I have got satisfaction as far as this course is concerned.
As I normally tell people, if you want to become a rich man,
the best thing for you is to go into business and not Law
because Law is more than a money-making profession. The society
expects you as a lawyer to provide some essential services
to people .It may not be in terms of going to court, even
though there are times you need to go to court to defend some
criminal matters.
Pupillage
I have practised for 12 years and I need to be honest with
myself. If you don’t serve pupillage, there is no way
you would know the nitty-gritty of this profession. This is
not to say that after serving pupillage, you know everything.
But then, there are certain basic things you need to know
in practice, especially if you want to be a legal practitioner.
A legal practitioner needs to undergo pupillage, however short
it may be. It would give you more confidence to confront issues
and then to conduct yourself very well in court.
Charge and bail lawyers
Well, I don’t know your definition of charge and bail
lawyers, but I have heard that concept and I consider it to
be those who mainly stay around magistrate’s courts.
If those are the people you consider as charge and bail lawyers,
I would say that it is derogatory because a lawyer is a lawyer
and all fingers are not equal. The profession does encourage
lawyers to stay in beer parlours or in obscure places to practise
law.
This category of lawyers you are talking about especially
in the magistrate’s courts, are those who assist suspects
to get bail after they have been charged and arraigned. To
me, I consider it as an important aspect of legal practice.
But what I frown at is lawyers hanging out in beer parlours
around the magistrate’s court.
Lawyers and heaven
I want to tell you that I am a Christian, a member of Catholic
church. My prayer is to make heaven. I am doing everything
possible to make heaven. I want to tell you in all sincerity
that there are a lot of temptations in this profession; temptations
for you to do what you don’t want to do. As I said earlier,
there are many purposes and everybody has his own purpose
of going into a profession. There are people who may wish
to go into this profession for the purpose of becoming fraudsters.
And you can see that the Bar council and all the stakeholders
of the legal profession are trying as much as possible not
to allow criminals into the profession. But I can tell you
that gone are the days when lawyers were considered to be
liars. I can tell you that there are some lawyers who are
today pastors of Bible believing churches, who would not compromise
the ideals of making heaven.
SAN title
I don’t know anybody who was conferred with the prestige
honour of the Senior Advocate of Nigeria (SAN) that has not
merited it. For somebody to even become a lawyer, in the first
instance, is considered okay. And for you to have practised
for 10 years and above, is worthy. There are some things that
people don’t consider when they are making generalisation
and conclusions about the award of SAN. There is a procedure
and it is well laid down. One of them is that you must not
be less than 10 years at the Bar; you must have conducted
certain cases at the high court and the Court of Appeal and
then the Supreme Court, then you must apply.
If you are considered before the public as a great lawyer
and you don’t apply in the first instance, they won’t
come to you and just give you. You have to apply and meet
all those conditions before you can be awarded SAN. There
could be one or two cases that might be considered controversial,
but I can tell you that I have not seen one person that has
been conferred with the title of SAN without meriting it.
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