By Roland Akindele Esq
Danny’s ex-colleague, Williams, has relocated from Nigeria to the United Kingdom for about two years. Williams contacts Danny on a regular basis, asking for advice on legal issues ranging from simple to complex matters. Danny always responds to his former coworker without expecting monetary compensation. Williams has contacted Danny once more, but this time he wants Danny to review a 50-page divestment agreement pro bono, as is his custom. Danny values his relationship with Williams so much that he does not want it to be strained. As a result, he has been hesitant to discuss the need for Williams to pay for the services rendered. Danny is still struggling to meet his financial obligations, particularly the payment of his annual practising dues as a legal practitioner.
It is strange that people would save up money to buy land only to be looking for a lawyer that will do the documentation for the transaction for free or at a fee or a gift to be dictated by the client.
Danny’s experience is not an isolated case. However, from my experience and interactions with people over the years, many people do not see legal practice as a business. The truth is that legal practice is as much a business as a professional calling. This is because just like other professionals, legal practitioners have bills to pay.
Legal services can be provided for free. In fact, the legal profession encourages pro bono services for the less privileged members of society. As a result, a client’s inability to pay is a positive factor. However, many people like to throw legal questions at lawyers expecting professional answers with no intention to pay for the service. This practice is quite unconscionable as it is not fair to take undue advantage of people. Apart from huge financial investments involved on the route to be licensed, lawyers still pay annual practising fees to maintain their good standing at the bar.
There might be simple legal questions but simple professional answers are a rarity. A simple question to a lawyer is like asking for a full assessment and guidance on the legal issue(s) involved. The process takes time, and time is money. It is fair to pay for the time and the professional skills.
An average lawyer’s fee for consultation is usually a breakeven proposition to make it affordable by an average client.
The sad reality is that people do not want to pay for legal advice given or legal services rendered.
For many senior legal practitioners particularly Senior Advocates of Nigeria (equivalent to King’s Counsel in England), nothing passes their lips or keyboards until a retainership agreement is in place. This might be an extreme position but there is a major lesson to learn from this practice. The lesson is that lawyers need to be firm with their legal fees. There should be no room for emotions.
Lawyers should stop enabling people who want to be served by lawyers for free, no matter how close they are related. To the best of my knowledge, there is nowhere in the world where hiring a lawyer is like having a walk in the park. You expect value from a lawyer, so you pay for it.
Akindele Esq., Faculty of Law Adeleke University, Ede, Osun State