LAW SCHOOL IN BAYELSA
The law school program is quite an interesting but convoluted
scheme that requires a lot of preparation and timing, as it is now, it is
already sixteen days into the program and I am counting down to 170 days left
before we go for court/chamber attachment actually, we have finished our
registration and I will like to run through some of the processes with you,
with a bit of reflex ion I will like to take us back a little, from the banks
to the internet and to the various campuses where we had to complete the
following steps:
1.
Change
the bank receipt to that of the law school
2.
Collect
and fill the bio data and the identity card forms
3.
Collect
a slip with your registration number and group
4.
Go
for medicals with all your test results
5.
And
collect your medical card
6.
Then
rush and secure your accommodation because you may not just be privileged to get a bed
space in the laundry
7.
And
don’t forget to go for your biometric registration
The orientation program also referred to as the induction
course is another aspect of the law school which is quite interesting; the
first day was more like a general introduction course which required the
introduction of lecturers, as noted below:
1.
Dr
Mrs. FA AMENE OF ADMINISTRATION
2.
MRS
NJEMIOMI HOD LITIGATION
3.
AKINWUMI
HOD LIBRARY
4.
MR
NNA DOZIE CORPORATE PRACTICE
5.
MRS
II ADESHINA CIVIL LITIGATION
6.
MR
KO OMEGARO PROPERTY LAW PRACTICE
7.
I.O
OMOLARA CHIEF ADMIN OFFICER AND HEAD OF STUDENT AFFAIRS
8.
MR
GODWIN CHIEF SECURITY OFFICER
9.
MRS
ADESHINO EXAMS
10.
A.G
CHUKWU HOD OF CORPORATE PRACTICE
11.
JACK
WINDI SECURITY ADVICER
The second day was a seminar on fire and it dealt with different
forms of fire and how to fight it among other things, it was accompanied by a
fire drill which almost drove every one out of the lecture hall. After the
presentation questions were asked and the presenter took time to explain
certain things as a matter of fact I learnt that in the case of a fire out
break there should be a place of ultimate safety. The next speaker spoke on the
medical aspect of living in the law school and he started by advising people to
monitor the kind of food they eat. Oral hygiene was another area discussed
which among other things is said to affect the self esteem of persons
especially lawyers and I totally agree, the issue of stress was also addressed
and quite properly too it was divided into used stress and distress, with
extensive exposure and actually exceeds capacity it causes anxiety. The major
causes of stress was said to include
Death of a spouse
Excessive work load
Poor remuneration
Bad relationships
Stress was also attributed to personality types, such
personality types include
Pessimists
Inability to accept defeat
Growth and metabolic demands like pregnancy
Lack of assertiveness
How to manage stress was also discussed some of the
strategies include
Social support network
Personality strength
Try to reduce the trigger of stress
Estimate your own values
Proper time management
Don’t expect perfection from yourself or any other person
Get regular exercise
Get sufficient sleep
Do a self appraisal
Develop a good sense of humor
Learn to communicate your problems
Learn to respect people and be kind
to them
Seek help from experts
Condition your life style
the internet is another area of a lawyers life and study
which has been emphasized over and over some of the things discussed under this
topic includes
uses of the internet
for communication
for education and
research
financial transactions, olx
news papers
leisured and entertainment
w/n
for instance you want to search for Information pertaining to
law you can visit sites like west law, law pavilion, case law search,
precedence search. The use of internet for law management has actually made it
easier to run a law firm
the ethics of the profession is a very critical aspect of the
profession not just from the way the lectures are conducted but also from the countenances
of the speakers the topic titled discipline and challenges in the legal
profession. Indiscipline on the other hand is the infamous conducting
profession with respect to conviction in a court of law, enrollment by fraud,
conduct compatible with your status as a legal practitioner. The conduct of a
lawyer must be in strict compliance with the ethics of the profession, where a
professional in pursuit of his profession does anything that is condemnable, it
can be said to amount to misconduct, even the use of certain languages and
indecent dressing are prohibited by law as incompatible with the ethics of the
profession. The CJN, NFC, Supreme Court are likely to delete ones name or
suspend, or dress down the defaulter but where there is genuine repentance a
recall of such a person can be made.
Challenges in the legal profession cannot be over emphasized,
these include remuneration, financial demands, government policies and the
relationship, courts technicalities, corruption. Lawyers are considered to be
liars and the issue of trust has remained a big challenge, the judges are not
helping matters in this regard, as judges are fund of harassing young lawyers,
personally, I think the profession lacks professionalism.
The history of the legal profession in Nigeria is said to
have started in the 1860’s in the Berlin conference. The colonies of 1863
ordinance, Supreme Court ordinance of 1876 to bring in Nigerians. The history
of the legal profession can be divided into three, 1876-1914,1914-1962,
1962-present. The first period had three categories which are professionally
qualified lawyers which were called, readers which are those reading for not
less than five years, local attorneys which are those generally educated and
was based on appointment, the second period was characterized by two categories
which are the barristers and solicitors and they where only required to have a
WASC certificate and join the English council of legal education and attend 12
dinners, how ever a Barrister had to go to England to practice. On the other
hand a solicitor had to participate in articles to the firm of solicitors,
solicitors 1and2 were required to also have WASC, and generally solicitors
could draft conveyancing of properties etc. this was followed by the
empowerment of the onsworth committee. In 1962 the first faculty was
established at the university college in Ibadan. Core subjects were accredited
formed by the NJC, council of legal education, legal education Act of 1962,
legal practitioners act of 1963. By virtue of section 24 of the legal
practitioners act a person who is qualified under this act to practice, general
practice, enrollment at the supreme court. Section 2(1) stipulates that a
person should be called to the bar and present certificate to the body of
benchers. And to this you have to be a person of good character.
However there are persons who practice by virtue of their
positions in the public service who the A.G have allowed to practice, there are
also persons who are not of our jurisdiction but have been licensed in writing
in the case of awolowo v ministery of internal affairs which bordered on the
case of treason. There are also conditions for full and partial exemption based
on legal notice no. 439 citizen of Nigeria qualified for admission. Knowledge and
experience upwards of 5years and on circumstances beyond their control.
INTERVIEW AND COUNCELING
Purposes and criteria of effective client stages interviews.
After conducting an interview ou should know what kind of council to give to
your clients. What is the purpose of an interview, it is to get facts from the
interview, what the client wants, it is also to assess the credibility of the
client, what document you will need your clent to provide. Avron sherr model
which is 3stages and 13tasks there are three stages of any interview
These are listening which involves meeting preliminary,
questioning, formal listening,
questioning which involves clarification, summarizing, note taking and advising
which involves advice, evaluate, reaction, identifying the tasks and other
matters that should be dealt with.
The k and Smith model involves preparation conclusive
envireonment, distraction, confidentiality, maintaining eye contact. Starting
the interview is another process which involves reaching a shared
understanding, identify and evaluate alternatives and then taking instructions.
Closing the interview is the last stage.
You can make a check list like
Introduction
Establish confidentiality
Be very polite
Listen attentively
Be professional – tell the client what the firm does and the
financial commitment required
Find out what legal steps the client may have taken and if
the client has resorted to self help
Help the client to tell the story in chronological order
Make copies of documents
Tell the client what you want to be done
Give the client a specific date for the next meeting
Address your client with respect
Don’t assume facts before the client relates them to you
RULES OF PROFESSIONAL CONDUCT
RULE 24-accept client’s fees
RULE 22- a lawyer must take full instruction in the chamber
RULE 23-where there is conflicting interest
RULE 19- preserve clients confidentiality
RULE 13- office registration with NBA
The mock trial its at its crescendo and people are running up and down to ensure that they meet up with the dead line.
E-lawyering or paperless law in Nigeria is the futuristic view
of the legal profession in my opinion it is the future of law. It is technology
based and driven and is expected to affect virtually every aspect of the law.
With e lawyering techniques it would be possible for lawyers to interact with
each other internationally, interview clients, create a forum where you can
have a conference. This could also afford you controlled access to your clients
files however in Nigeria the issue of trust has continued to be the major
obstacle to this. In 2001 the institutions of law were asked to fashion up IT
policies. In 2013 Bayelsa state made it possible for persons to access case
files in the High court. Efforts are now being made to file processes online.
The legal system should be put in tandem with information
technology for it to be more effective especially in the areas of intellectual
property law, libel and defamation. The law does not accommodate this mode of
communication with regards to contracts, evidence because of some inherent
deficiency in security and certain issues arise like how do you prepare cases
on line, serving of processes and rules of court how ever in lagos certain
court processes can be filed on line as lagos are pace setters.
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