UNDERSTANDING FINANCIAL STATEMENT AN ANALYSIS OF HUMAN RIGHT LAW& THE PROTECTION OF CORPORATIONS IN NIGERIA
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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
AN EPITOME OF FULFILMENT THE BASICS OF PLANNING AND MARKETING LAW FIRM EVENTS
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THE URBAN LEGAL PRACTICE | P48 |
P22 |
TO SAY OR NOT TO SAY
P29 |
LEGAL REPORT
P60 |
THE BASICS OF PLANNING AND MARKETING LAW FIRM EVENTS
HOW DO LAW FIRMS USE LINKEDIN CONTENT TO REACH POTENTIAL CLIENTS?| 78| USING INFOGRAPHICS TO GENERATE LEADS WITH COMPELLING DATA STORYTELLING |80|
THE
EVOLVING GAMING MARKET IN NIGERIA THE ECONOMY, THE REGULATIONS & THE LAWYER OF THE FUTURE
| P74 |
AN ANALYSIS OF
HUMAN RIGHT LAW & THE PROTECTION OF CORPORATIONS IN NIGERIA
AN EPITOME OF FULFILMENT
P82 | P83 |
DATA ANALYSIS: THE NEW DISRUPTION OF THE LEGAL INDUSTRY UNDERSTANDING THE ROLE OF CYBERSECURITY IN THE LEGAL INDUSTRY
P88 |
2022 TOYOTA COROLLA CROSS
P92 |
UNDERSTANDING FINANCIAL STATEMENTS
DESTRUCTIVE INNOVATION AND ACCESS TO JUSTICE
| P12 |
| P18 |
LAW FIRM
CLIENT MANAGEMENT DURING THE PANDEMIC
| P56 |
THE FUTURE OF ENERGY IN NIGERIA | P66 |
NEMBE-SE LAWYERS
OYETOLA MUYIWA ATOYEBI, S.A.N PRINCIPAL PARTNER, OMAPLEX LAW FIRM, ABUJA, NIGERIA
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oluwatosin
temitayo
Solanke
Samuel
Oluwatosin graduated from the Olabisi Onabanjo University from where she got her LL.B with honours in 2009. She was called to the Nigerian Bar in 2011 and holds an LL.M Degree in Commercial Law from the University of Cape Town, South Africa. She is disciplined, result oriented, a good team player with the ability to take up leadership responsibilities. She is the Administrator and Head of Training at ESQ Trainings Limited and also a member of the ESQ Legal Practice Magazine editorial team.
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.
zainab
adeyemi
Head Of Training/ Administration: Tosin Solanke Community/finance Manager: Temitayo Samuel Digital Marketing Team: Zainab Lawal Bamidele Fatunde
Lawal
Owoade
Zainab Lawal studied Electrical and Electronic Engineering in the university of Bradford. She has a flair for digital marketing and brand management. She is currently a digital marketer at ESQ trainings limited. She is good at developing strategies that helps businesses thrive online. She sees herself as a creative and innovative individual with great skills in planning, time management, and research.
Adeyemi is a legal practitioner with expertise in research and editorial functions. He currently holds the role of research and communication executive with ESQ Training Limited. He is a member of the editorial team of ESQ Legal Practice Magazine.
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TECHNOLOGY
ANSWERS JUSTICE DELIVERY Lere Fashola ALL THINGS, EVEN
cannot overemphasise the necessity of training the judges on innovations and bringing them to tune with the endless possibilities of legal liabilities that may arise from the use of technology to big oil, data? Are we ready for prepare them for cases that technology? are tech-oriented.
For justice to be manifestly seen to have been done, three important factors must have been met. Justice to the victim, justice to the accused, and justice to the community. To achieve effectiveness in the delivery of justice, it is believed that justice must be delivered on time, hence, the saying justice delayed is justice denied.
S
peedy delivery of justice is not enough if such cannot be delivered effectively.
problems reach a lawyer and are concentrated on land disputes. The regional difference from the North to the South is 57%-87%. An average matter takes about 6 According to HiiL, 25 million to 8 years from the lower court legal problems are reported in up to the Supreme Court. This reveals the reason behind the Nigeria per year. Most problems involve disputes low confidence of Nigerians in the country’s judicial system. with neighbours, crime, money and land. Family and What then should we do to neighbour relations issues are increase the confidence of peculiar to women while Nigerians in the justice delivery system? labour relations and land matters are peculiar to men. 17% of respondents reported Justice delivery is a huge work and we must give kudos to severe legal problems. Only those working day and night four out of every ten Nigerians who took action say to ensure fairness and justice to litigants at all times. their problems were fully However, there is more to solved while majority improve their services and to reported that their problems free them from being choked were partially solved. The on heavy work and little report indicated that when faced with a challenge, 71% of result. What then can we do? We have heard a lot of Nigerians take action. The wealthy are more likely to disruption in several sectors. How can we get the judiciary take action while the poor ready for the future, often do not. Outside of institutions, most disputes are Technology? Cases like the ownership of software created resolved by calling the other by artificial intelligence, fair party or asking a parent or acquaintance to interfere. 72% use infringement like in of Nigerians seek legal advice Google v Oracle, liabilities of defective software, etc. are from their social network rather than lawyers. Only a creeping into our legal system third receive information from very soon. Are our facilities enough to take up the shreds institutions. Legal aid is not of evidence coming from the readily available. 10% of the
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First, the most important thing about technology is infrastructure. When we say infrastructure we are not referring to gadgets and devices alone. We mean to say facilities that will make the gadgets work. It appears Nigeria always plan for the gadgets without the facilities at heart, one of the reasons for having courts with gadgets that can not work. The power and energy sector is one main sector we need to look into as we seek to adopt technology for our judicial system. We cannot effectively give electronic evidence nor take remote witness when there is an erratic power supply. There is a need to take advantage of other sources of power majorly renewable energy to cater for our court. When we are done fixing power we can now address issues of gadgets.
In addition to the above mentioned, we will achieve little if we still have a judiciary tied to the pocket strings of the executive. Hence, the need for financial autonomy. The Judicial Staff Union of Nigeria (JUSUN) has embarked on an industrial action to press home this demand from the government of Nigeria. We believe that the judiciary relying on financial aid from the executive would be distracted and disturbed.
Finally, we need to ask the question, are we ready for the change that is ahead of us? Will there be a need to amend our Evidence Act to allow innovation? Is there a need to introduce new policies to ensure technology-driven justice delivery? While we are busy finding answers to these questions, a lot of complex tech disputes are rising, waiting for us to wake up and Another important thing to resolve them effectively. We adopt in this time of should have tech disputes disruption is tech-education of resolutions in the future. The both the judicial staff and even future is now. The future is the judiciary. Judges are to be tech. trained and equipped with the basics of the technologies that are relevant to their work. We
Esq Legal Practice | 11
law
AN ANALYSIS OF
HUMAN RIGHT LAW & THE PROTECTION OF CORPORATIONS IN NIGERIA
The idea that a corporation can invoke fundamental rights specifically created for the protection of human beings might appear contradictory. However, the concept of corporate personality has evolved to bestow certain human rights on corporations to enable them to defend their interests1. This concept is not alien to Nigerian law and our courts have considered arguments on the applicability or otherwise to companies of the provisions of the Constitution, ordinarily applicable to human beings.
T
he attitude of the Nigerian Courts has shown that a corporation may successfully invoke the human rights provisions under the Constitution of the Federal Republic of Nigeria 1999 (as amended) (the Constitution”). Some of these rights which are guaranteed include the right to fair hearing, right to acquire and own property, freedom of speech, and right to privacy. 1 2 3 4
The aim of this article is to analyse the protection afforded to corporations under the provisions of Nigerian law and the procedure for enforcement of these rights.
'human' to include natural and legal persons (which includes entities like corporations and nongovernmental organisations)2.
Several of the rights guaranteed under Chapter IV HUMANS RIGHTS AND of the Constitution have been CORPORATIONS expressly limited to the The need to protect the 'citizens' of Nigeria, while interests of corporate entities others are available to every and the economic safety of the 'person' in Nigeria. At this society as a whole has juncture, the question of metamorphosed the term whether a company is a
person or citizen of Nigeria arises. It is settled law that from the date of incorporation, when a company is registered under the Companies and Allied Matters Act 2020 (CAMA), it starts to enjoy the status of a legal 'person' distinct from its subscribers and such other persons that may become its members in the future3. The word 'person' has been defined in the Interpretation
Anna Grear, Challenging Corporate ‘Humanity’: Legal Disembodiment, Embodiment and Human Rights (2007) Human Rights Law Review Kelvin Peterside v IMB (1993) 2 NWLR (PT. 278) 710 See CDBI V COBEC (NIG) LTD (2004) 13 NWLR (PT. 948) 376 and Salomon v A Salomon and Co Ltd [1897] AC 22 The Interpretation Act 2004
12 | Esq Legal Practice
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violation of their right to freedom of expression. The Federal High Court upheld these arguments and held that that their right to freedom of expression was infringed. The court ordered for the reopening of their business to freedom of expression, including freedom premises and awarded damages to the applicants. to hold opinions and to receive and impart ideas and These decisions were upheld by the Court of Appeal and information without Supreme Court. The attitude interference”. Freedom of of the courts in these cases expression encompasses the right to hold opinions or ideas suggest that freedom of expression is undoubtedly and impart same without interference on one hand, and granted to corporations, especially to media houses the right to receive or access and newspaper companies. ideas or information on the other hand. From case law, it Right to Privacy is evident that this right is Section 37 of the Constitution available to companies to provides that “the privacy of express any of their views or citizens, their homes, opinions with exception to correspondence, telephone those which might offend conversations and telegraphic public safety, order, morality communications is hereby or health10. guaranteed and protected”. Section 37 uses the word In the two famous cases of 'citizens' rather than 'persons' Concord Press Nigeria as the beneficiary of the right Limited v AG Federation & contained therein. So, the 11 Ors. and Punch Nigeria question is whether a Limited & Anor. v AG corporation can enforce 12 Federation & Ors. , the two the right to privacy contained applicants successfully argued under this section. Although before the trial court that the the beneficiary status of this invasion, search without right must be a citizen, it warrant, sealing of their would be unfair to hold that a business premises by the company cannot enforce a Federal Military Government right to privacy and to intimidate them for their correspondence when they are publications constituted a victims of raids or
Public companies are now required to have at least three independent directors. An independent director is a director who, or whose relatives either separately or together with him or each other, during the two years preceding the time in question was not an employee of the company, did not own directly or indirectly more than 30% of the shares of any type or class of the company. Act4 as “anybody of persons corporate or unincorporate”. Courts have reaffirmed this definition contained in the Interpretation Act5. ‘Citizen', on the other hand, has not been defined anywhere in Nigerian law for the purpose of the application of Chapter IV of the Constitution. However, this might not be a bother because case law suggests that some of the rights limited to citizens can also be applicable to corporations. For instance, the right of any citizen to acquire immovable property and the right against compulsory acquisition of property guaranteed under sections 43 and 44 (1) of the Constitution, respectively.
HUMAN RIGHTS APPLICABLE TO CORPORATIONS The Right to Fair Trial According to section 36 of the Constitution, every 'person' is entitled to a fair hearing in public within a reasonable time by a court or other tribunal established by law6. 5 6 7 8 9 10 11 12
The courts have held that corporations also have the right to fair trial in the determination of its civil rights and obligations7 or when charged with a criminal offence 8. It is not a new development that corporations may be criminal liable for some offences under Nigerian law, particularly under CAMA. Sections 89 and 90 of CAMA, a company will be criminally liable for the act of its members, directors or managing director which were carried out in the normal course of business. In such circumstances, the company's right under section 36 extends to the rights to: (i) the presumption of innocence, (ii) be represented by a legal practitioner of its choice, (iii) adequate time and facilities for the preparation of its defence, (iv) examine witnesses, and (v) an interpreter9. Freedom of Expression Section 39(1) of the Constitution provides that “every person shall be entitled
See Kasandubu v Ultimate Petroleum Ltd (2008) 7 NWLR (PT. 1086) 274 and Ibrahim v JSC Kaduna State (1998) 14 NWLR (Pt. 548) 1 Section 36(4) Section 36(1) Chitra Knitting and Weaving Manufacturing Company Limited V. G. O. Akingbade 11(2016) LPELR-SC 113/2006 Martman Transport Limited v AG Federation (2003) 2 FHCLR. ibid Din v. African Newspapers of Nig Ltd (1990) LPELR-947 (SC) (1994) FHCLR 144 (1998) 1 HRLRA 488
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unwarranted searches of its premises or interference of its correspondence by the Government simply because they are not 'citizens' of the country. Case law does not seem to have excluded companies from the ambit of the enjoyment of the right to privacy. In fact, the decisions of the courts have established that corporations are permitted to enforce their rights to privacy. In the case of Chrome Insurance Brokers Limited & Ors V. The Economic and Financial Crimes Commission & Ors, the 1st Appellant, Chrome Insurance Brokers Limited, claimed that the invasion of and trespass to its offices and business premises, amounted to an infringement of its right to privacy. Though the Court held that the right to privacy was not infringed in that instance, the fact that the 1st Appellant was able to seek the enforcement of its right to privacy suggests that the provisions of section 37 apply to corporations. Based on the foregoing, it might not be out of place for a company to institute an action against the Federal Inland Revenue Service (“FIRS”) for the proposed installation of the Automated Tax Administration System which seeks to provide the FIRS with access to all the company's “computers, electronic devices or cloud computing facilities wherein records, data or information are stored”, considering that fact that the access sought by FIRS falls within the definition of 'correspondence, telephone conversations and telegraphic communications'13 which are 13 14
An interesting question is whether the right to freely associate or assemble will extend to the rights of a company to freely merge with another company without restrictions with respect to the antitrust laws of Nigeria.
protected by Section 37 of the the Petroleum Technology Constitution. Associations of Nigeria.
The Right to Peaceful Assembly and Association
prohibited, it might be difficult for companies such as Shoprite and Spar or MTN An interesting question is and Airtel to get an approval whether the right to freely for a merger considering that associate or assemble will they are major players in the extend to the rights of a retail and telecommunications company to freely merge with industry, respectively. another company without restrictions with respect to the It is important to note that it is antitrust laws of Nigeria. In not the argument of the accordance with its powers authors of this article that the under the Federal freedom of association of Competition and Consumer corporations are unjustly Protection Act 2019, the restricted by anti-trust laws in Federal Competition and Nigeria as we understand that Consumer Protection this restriction is balanced Commission may refuse the against the protection of application for merger of two economic right and welfare of major companies in an the country, as however the industry if it appears that the fundamental human rights merger is likely to guaranteed under the substantially prevent or lessen Constitution are not absolute. competition in that industry14.
Under section 40 of the Constitution, every person has a right to freely assemble and associate with other persons or join any political party, trade union or any other association for the protection of similar interests. Whilst the right of a corporation to join any political party can be debated, it is not in contention that corporations have the freedom to associate with other corporations who have the same interests. Some of the corporate associations in Nigeria includes the Association of Telecommunications Companies of Nigeria, the Association of Nigeria This means that, for instance, Construction Companies, and while it is not expressly
The Right to Property The right to acquire and own property is guaranteed under
See The Federal Inland Revenue Service Circular Wednesday March 31 2021 and titled ‘Deployment of Automated Tax Administration Solution’. Section 49 of the Federal Competition and Consumer Protection Act 2019
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section 43 of the Constitution. Despite the fact that the wording of the section provides that “every citizen” shall have the right to acquire and own immovable property anywhere in Nigeria, corporations, as legal persons, may acquire movable or immovable property15.
use of 'Every person' without the use of personal pronouns extends the right to both human and corporate persons. Based on this rationale, the court decided that the 1st Applicant was competent to institute an action and to hold otherwise will mean that the Federal Government of Nigeria can acquire property of a company without compensation.
artificial nature some rights guaranteed under the Constitution are inapplicable to corporations.
person with a physical body.
It is interesting to note that there has been debate that the right of life should be extended to corporations. It For instance, although the compulsory liquidation of a has been argued that since the company and excessive definition of right to life has taxation of a company, could been extended to the right to amount to killing the entity, it shelter, healthcare, education, food, clothing, housing and will be absurd to argue that In accordance with section the right to life under Section any other rights that makes life meaningful23, government 44(1) of the Constitution, no 33 of the Constitution was moveable or immovable infringed in the process. Other or state policies and decisions that tend to make the property of a corporation shall HUMAN RIGHTS rights that do not apply to INAPPLICABLE TO be compulsorily acquired companies include the right to continuation of a company as CORPORATIONS a going concern difficult or without the payment of the dignity of human person in impossible should be nullified necessary compensation16. section 34 and the right to In Martman Transport In Tell Communication personal liberty in section 3520. for constituting a breach to 18 life. Limited & Ors v State Security Limited v AG Federation ,the The Court of Appeal in the 17 Court held that the right to Service , the Court was faced case of Opara & Ors v SPDCN with the issue of whether the fair hearing is the only right Ltd & Ors21, held that applicable to corporations PROCEDURE FOR THE 1st Applicant, Tell applicability of the rights to ENFORCEMENT OF Communications Limited was because of its inhuman nature. life and dignity of human 19 However, case law including FUNDAMENTAL RIGHTS OF competent to institute a person to corporate or legal COMPANIES IN NIGERIA those cited above that have suit for the protection of its persona will be “absolutely shown otherwise. rights contained in section 40 odd, absurd, and anachronistic”22. These rights Before, an action to enforce of the 1979 constitution, now Corporations have human rights is instituted by a constitutionally guaranteed can only be applicable to a section 44(1) in the company it is important to rights but owing to their Constitution. In this case, the respondent's learned counsel It has been argued that since the definition of right to life has been had submitted that the extended to the right to shelter, healthcare, education, food, clothing, intention of the Constitution housing and any other rights that makes life meaningful, government or was to give protection to state policies and decisions that tend to make the continuation of a human beings against the company as a going concern difficult or impossible should be nullified infringement of their rights. for constituting a breach to The trial judge held that the
life.
15 16 17 18 19
20 21 22 23
Macaura v Northern Assurance Co. Ltd (1935) AC, P.615 and JIBO v. Ministry of Education & Ors (2016) LPELR-CA/OW/425/2013 Tell Communication Limited & Ors. v State Security Service (2002) 2 HRLRA 104 @ 138-139 (2000) 2 HHRLRA 104 at 138 n (8) Onyekwuluye V Benue State Government (2008) 8 NWLR (Pt. 28) 614, Omegba & Ors V DG NBC (2001) 1 FHCLR 547; Robinson International Inspectorate Limited v Iseghohi (2000) 1 FHCLR 410 F.B.N. Plc & Ors v. A.G. Federation (2018) 7 NWLR, Pt. 1617, S.C 121; in this case the court held that a company is incapable of being arrested and detained. [2015] 14 NWLR (Pt. 1479) 307 n (22) Amos O Enabule; The right to life or the right to compensation upon death: Perspectives on an Inclusive Understanding of the Constitutional Right to Life in Nigeria; Afe Babalola University: Journal of Sustainable Development Law and Policy (2014) 99
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Once it is ascertained that the company is the victim, an action can be instituted in the name of the Company to seek redress for such infringement before any High Court where the rights were infringed or are likely to be infringed. ascertain that the company is the direct victim of the act or omission in issue. The courts have established that only persons whose rights have been directly infringed or likely to be infringed can institute an action for enforcement of fundamental rights. This means thatshareholders, directors or employees cannot institute a claim on behalf of the company or claim to be the direct victim of the infringements of any rights belonging to the company24.
24 25 26
Once it is ascertained that the company is the victim, an action can be instituted in the name of the Company to seek redress for such infringement before any High Court where the rights were infringed or are likely to be infringed.25A company may institute an action for the enforcement of its rights by way of an application to court. The application may be made by any originating process which is accepted by that Court. Such application should be supported by a statement setting out the name
more likely to accumulate tremendous social, financial, and political power, the protection of human rights, which aims to shield the weak against the powerful, should only be applicable to natural persons, humans. However, it is our view that upon the incorporation of a company under the laws of the Federal Republic of Nigeria, such corporation should be treated as a full subject for the purpose of human rights law only to the extent that the rights sought to be protected is that which is applicable to a non-natural person.
Based on the attitude of the Nigerian Courts, it is clear that our views are not absurd as some of the human rights and description of the guaranteed in the applicant, the relief sought, Constitution, such as the right the grounds upon which the to own property, freedom of relief is sought. An affidavit expression, right to fair trial setting out the facts upon and the right to a private and which the application is made family life, have been applied should be submitted to companies. Whether the accompanied by a written companies will be able to address26. argue that their rights have been infringed is adifferent topic.
CONCLUSION It has been debated by several authors and scholars of human rights law that because corporations do not have a body or soul and they are
Unreported case of Musical Copyright Society OF Nigeria Limited v Nigeria Copyright Commission (2016) Appeal number LCN/9030(CA) Section 46 of the Constitution Order 1 Rule 1 of the Fundamental Right Procedure Rules 2009 Order II Rule 3 Fundamental Rights Enforcement Procedure Rules
Amanda Dirisu Associate adirisu@alp.company
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AN EPITOME OF FULFILMENT Law is life and life is law. Afe Babalola lives, breathes, and masticates law in its every form.
B
orn around 1930 to Joshua Adubiaro Babalola of the Olotin family and Abigail Ajayi Babalola, Afe has achieved over the space of about eighty years what a culmination of a hundred other Nigerians may never have been able to achieve. He has not only impacted thousands of lives directly and otherwise intellectually, cognitively and psychologically, he has also aided the education of many thousands, brought food to the tables of myriads of families and created employment opportunities for many others. Afe Babalola has individually succeeded in challenging the Nigerian government at every cadre to match his desire for the optimum standard of tertiary education, by individually establishing a world-class University which is regarded as a reference point for the same. Simply put, Afe Babalola is a worthy role model, exemplary fundamentalist, distinguished nation builder, consummate philanthropist and unimpeachable legal luminary.
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The birth of Afe's educational pursuit was in the uneven arms of Emmanuel primary school in Ado- Ekiti. Despite his outstanding intellectual capacity and admission offer to Christ's School, AdoEkiti also, Afe did not have a combination of time and chance present together. Thus, the opportunity of having secondary education in record time eluded this man due to lack of funds. Determined yet not buoyant, he refused to be detoured and climbed tirelessly the academic ladder without secondary education. He obtained a Cambridge school certificate, GCE Ordinary and Advanced level certificate with the London University, B.Sc. {Economics} of London University and LL.B {HONS} with London University, all by private study. Having charted a unique pathway for himself through focus and profound determination, Aare Afe Babalola, now reputed to be a legal luminary of outstanding brilliance, was called to the Bar in England in 1963. He is a member of the Lincolns Inn in London, a
registered member of the Bar of England and Wales, and a most distinguished member and father of the Nigerian Bar. As a dream come alive, Afe Babalola began the practice of law in the chamber of Olu Ayoola. Afe had all along aspired to be a great lawyer and his role model was Olu Ayoola "who had the largest number of lawyers in the country that time”." Moreover, his name and achievement inspired me. I hoped and dreamt of being a great lawyer like him”. With persistence and perseverance, Afe www.esq-law.com
He stated that this was in 1980 when casual racism was at play and there were cases of playground abuse about those less able or different of which he was also on the receiving end. Irrespective of the clear-cut bullying and racism, Segun found a way to defend and speak for himself and was never fazed for being the only one who is black or looks like himself. doggedly continued in legal practice with the chambers, till 1965 when he proceeded to establish the firm of Chief Afe Babalola and co. (Emmanuel chambers), which today is reputed as one of the leading law firms in Nigeria.
Advocates. An advocate par excellence, Chief Afe Babalola has made outstanding contributions to the development of Nigeria law and jurisprudence through his With almost five decades of eclectic advocacy in court, experience in legal practice, Aare Afe Babalola, OFR, CON, evidence from the numerous celebrated cases which he has SAN, LLD is an active handled and the notable In recognition of his contribu- member of the International personalities who are his tions to legal development Bar Association, a Fellow of clients. and strides in practice, Afe the Nigerian Institute of was admitted into the Inner Advanced Legal Studies Bar in Nigeria and took the FNIALS and a Fellow of the Not restricted to the apron silk as a Senior Advocate of Chartered Institute of strings of legal practice, Afe Nigeria [SAN] in 1987. As Arbitrators FCIArb, Nigeria. Babalola successfully dispels further recognition and He is a Fellow of the Leader- his opinions and interests via appreciation of his contribuship Institute of Nigeria and a various media, some of which tions to nation-building, he member of the Legal Practitio- epitomize the entire life and was celebrated with the ners Privileges Committee of time of another contemporary prestigious honorary award of the Supreme Court of Nigeria legal practitioner. Afe's the Officer of the Order of the – A body that appoints Senior interest in education is one of www.esq-law.com
Federal Republic of Nigeria [OFR] and subsequently as the Commander of the Order of the Niger [CON].
such. Consequent upon his commitment to legal education and education in Nigeria as a whole, Afe took an appointment as the ProChancellor of the University of Lagos [UNILAG] between 2001 and 2008 and in his characteristic manner, he established transparency discipline and integrity as frontline core values during his tenure. During his tenure, the white paper report issued by the visitation panel on the University of Lagos by the Federal Government indicated that “the leadership style of Aare Afe Babalola was exemplary. He acted commendably by paying his bills anytime he chose to stay in a hotel and by donating his sitting allowance to the University Endowment Fund. The Nigeria Universities Commission [NUC] also adjudged UNILAG the best University in 2006. He was also conferred with the award Esq Legal Practice | 19
He is the Africa Man of the Year on Food Security and has just been 2007, Aare Afe Babalola was awarded the prestigious conferred with an award Doctor of Management (Honoris Causa) at “Queen Victoria's Commemothe just concluded Convocation Ceremony of the Federal rative Medals” in Oxford, the University of Technology, Akure. He holds degrees from several United Kingdom by the Universities like Ekiti State University for the award of LL.D (hc) in European Business Assembly for his philanthropic activities 2002, LL.D of University of London, LL.D of University Lagos... as the best Pro-Chancellor of all Nigeria Universities in 2005 and 2006. He was the Chairman of the Committee of 85 pro-chancellors. He lectured at the Institute of Advanced Legal Studies (The highest institution of study of law in Nigeria), the LL.M class at the University of Ibadan and the Centre for African Law and Development Studies, Lagos From his unending well and wealth of knowledge, Afe Babalola has at different landmark points in his legal career, decided to put pen to paper, thus allowing the Nigerian lawyer to learn from him. Several intellectual works can be credited to him and some of these are: ž Injunctions and Enforcement of Orders ž Law and Practice in of Evidence in Nigeria ž Enforcement of Judgments ž Election Law Practice and University Administration. He was the author of “The law – Afe on Monday”, a column published by the Nigerian Tribune Newspapers on Mondays. His autobiography titled, “Impossibility made possible” has also been described as “an extensive and tremendous opus written in his unmistakable style, and stories comparable only to the Greek myth” and which book explains his passionate embrace of philanthropy as an instrument of social reengineering. He has also authored over 500 articles in several books and law journals and has delivered brilliant and several lectures at various events. All these literary works of a renowned legal icon have contributed 20 | Esq Legal Practice
immensely to the promotion of legal education and practice in Nigeria. His law firm, Afe Babalola & Co. (Emmanuel Chambers) also stands tall as a leading firm of Barristers and Solicitors in Nigeria, having produced several judges and twenty-three (23) Senior Advocates of Nigeria, (Nigerian equivalent of Queens Counsel in England) which is the largest number produced by any law firm in the country, assisted over 2000 other lawyers in numerous ways and trained over 1000 lawyers. Emmanuel Chambers is a composite firm of legal practitioners engaged in providing a wide range of legal services to persons and corporate bodies that may require the same. On the international scene, the firm even renders consultancy services to other law firms based in Europe and America. He has been a solicitor and consultant to several conglomerates in Nigeria, counsel to the federal government in the 2.8 billion enquiry of 1981 and counsel to the Federal Government of Nigeria between 1990 and 2007. Aare Afe Babalola is an Arbitrator of repute and is actively involved in both domestic and international Arbitration. He is in fact, the incumbent president of the Chartered Institute of Arbitrators of Nigeria. He is widely reputed as the advocate who never fails to unravel a knotty issue.
President, Rector of Europe, 2010; and Honorary Professor of International University. He is the Africa Man of the Year on Food Security and has just been conferred with an award Doctor of Management (Honoris Causa) at the just concluded Convocation Ceremony of the Federal University of Technology, Akure. He holds degrees from several Universities like Ekiti State University for the award of LL.D (hc) in 2002, LL.D of University of London, LL.D of University Lagos, LL.D University of Jos, LL.D of Federal University of Technology, Akure, LL.D, Kogi State University, etc. First Africa to be conferred with Doctor of Laws (Honoris Causa) of the University of London in 2015. Winner of Queen Victoria Commemorative Award at Socrates Award of European Business Assembly in Oxford UK. He won the African Award in Education 2011, African Man of the Year in Food Security, 2014. He was conferred with the Congressional Commendation of the US Georgia Legislative Black Caucus and inducted into the African Hall of Fame by the Advisory Board of the African Leadership Development Foundation, Inc. USA, and African Leadership (UK) Limited in 2016. In September
and achievements in the University of Lagos. He is a philanthropist of exceptional calling, having donated building structures, equipment and scholarships worth billions of naira both to encourage and aid the indigent and the intelligent. His passion for development has been categorized as matchless as exemplified in his service to the community through donations worth over 2 billion naira. He is the vice president of the European Club of Rectors based in England. Recently also, he was nominated for the 'Honorary Professorship of International University' by the Oxford Summit of leaders.
Aare Afe Babalola is the winner of the Queen Victoria Commemorative Award at Socrates Award of European Business Assembly in Oxford UK; member of the Rector of Europe, October 2007; Vice www.esq-law.com
A champion of legal education With more than 50 years of uninterrupted legal practice and as A great advocate and patron of several law student societies, legal institutions and promoter of legal education in corporate bodies, it is not surprising that he has made a Nigeria, Aare Afe Babalola has phenomenal contribution in training legal practitioners for the made a major contribution to Nigerian legal system, as well as promoting the advancement of legal education in Nigeria. After over half a decade of law and the legal profession in Nigeria itself. toiling very hard and achieving success, Aare Afe been delivered as lectures. domestic and international founded Afe Babalola Babalola decides to bequeath arbitration. University, Ado-Ekiti, a nonto posterity by building a profit university designed With more than 50 years of legacy that will live forever. purposely to provide quality uninterrupted legal practice He said “I grew up in a very education in Africa for those and as patron of several law modest subsistence farming In 2009 he set up the Afe student societies, legal family and community where who cannot afford the high Babalola University, in the institutions and corporate the height of ambition was to cost of university education hope that other Nigerian overseas.” bodies, it is not surprising that inherit and work on my universities would use it as a he has made a phenomenal parents' farm. In those days, model to transform the quality contribution in training legal our fathers believed that it Over the space of years, it has of higher education in Nigeria. practitioners for the Nigerian was more beneficial to train been concluded that Are Afe It, therefore, comes as no Babalola not only believes in legal system, as well as their children on the farms surprise that Aare Afe everyone but carries a golden promoting the advancement rather than send them to Babalola is the author of of law and the legal profession school. However, my parents heart with which he selects several books including in Nigeria itself. without fear or favour decided to break with Injunctions and Enforcement A traditional Chief from myriads of people, known and tradition and send me to of Orders, Law and Practice of Nigeria, Aare Afe Babalola school to the derision of many. unknown and contributes his Evidence in Nigeria, Enforce- also holds the prestigious That decision had turned out hard-earned resources to aid ment of Judgment and their development. He is the to be one of many 'unlikely' award of the Officer of the Election Law and Practice. He Order of the Federal Republic events that had significantly very synonym of a father, has also written more than 200 (OFR) and Commander of the changed the course of my life mentor, role model and icon. legal and non-legal articles, Order of Niger (CON). He is positively. When I assembled While championing the cause featured in law books and some of these unlikely events of hard work, he, in a keynote an active player in both journals, many of which have and documented my journey address to lawyers in Enugu from these modest beginnings titled “Lawyers and Nation Building” on Monday 25th to where I am today in my autobiography, Impossibility August 2003 stated that lawyers have no reason to be Made Possible. poor if only they work hard and charge adequate fees for Aare Afe Babalola explained how, as a Senior Advocate of their services. Nigeria with double degrees from the University of His constant belief, philosoLondon, his clients included phy, doggedness and resolve to hard work have yielded the Federal Government of Nigeria to blue-chip internaobvious fruits. He owns a tional firms such as Mobil, huge farm with over half a Shell, Pfizer, Pan Ocean and million tick trees, palm trees, Julius Berger. orange and other permanent crops as well as two huge “I have taught in many Faculties of Law and Institutes man-made lakes and ten ponds with over 75,000 fishes of Advanced Legal Studies at any time. and I still teach in my university. I have invested in Having travailed from the life community projects and of a local farmer's son without established agricultural funds for the school, to a programmes aimed at multi-billionaire, sponsoring promoting entrepreneurship. thousands of people to school, Aare Afe Babalola is not just He reinforced his belief in the one in a million. He is one of a kind. power of education: “I know better than most that education is the most effective weapon against ignorance, disease and poverty. Hence I www.esq-law.com
Esq Legal Practice | 21
Law
TO SAY OR NOT TO SAY? AN ANALYSIS OF THE UK SUPREME COURT DECISION IN HALLIBURTON Vs. CHUBB Written by African Legal Practice (ALP)
A historically contentious subject in international commercial arbitration is the knotty question of when, and to what extent, an arbitrator owes a duty of disclosure to the disputing parties in the proceedings. The duty to disclose flows from an arbitrator's obligation to not only be impartial and unbiased, but also to be manifestly seen to be impartial and unbiased. This in turn stems from the twin principles of natural justice and procedural fairness, which are the hallmarks of the arbitral process.
I
n the recent case of Halliburton v Chubb1 delivered on 27 November 2020, the UK Supreme Court was presented with an opportunity to determine the circumstances in which an 1
arbitrator is required to make conflict of interest disclosures. This article examines whether (and the extent to which) the Supreme Court succeeded in doing so, as well as the decision's potential impact on the practice of international
commercial arbitration in general and in Nigeria in particular.
Facts of the Case The appellants, Halliburton Company (“Halliburton”)
entered into a Bermuda Form liability policy (“the Policy”) with ACE Bermuda Insurance Limited, now called Chubb Insurance Ltd (“Chubb”) in 1992 (which was renewed annually). BP Exploration and Production Inc (“BP”) was the
Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48
22 | Esq Legal Practice
www.esq-law.com
oil drilling operations. The explosion caused extensive damage and resulted in 11 deaths and over 200 million gallons of oil spilling out of the ruptured well into the Gulf, sparking off numerous legal claims by the US Government as well as individual and corporate claimants. In one of such cases brought against BP, Transocean and Halliburton, the Federal Court for the Eastern District of Louisiana, in a judgment delivered on 4 September 2014, apportioned liability amongst the defendants in the following proportion: BP 67%, Transocean 30% and Halliburton 3%.
are ad hoc arbitrations which are not subject to the rules of an arbitral institution.
This particular policy was governed by the laws of the State of New York and contained a standard arbitration clause which provided for the seat of the arbitration to be in London by a tribunal of three arbitrators, one each appointed by each party and the third by the two arbitrators chosen by the parties. The Policy further provided that if the partyappointed arbitrators could not agree on the appointment of the third arbitrator, the High Court of Justice in London would make the appointment. This is exactly However, before the judgment what happened as Halliburton was delivered, Halliburton and Chubb appointed had settled the claims against Professor William W. Park and it by paying approximately Mr. John D. Cole respectively US$1.1 billion. After the and these two were unable to judgment, Transocean settled agree on the appointment of the claims against it for about the third arbitrator. US$ 212 million and paid civil penalties to the US In June 2015, Mr. Justice Flaux Government of about US$1 of the High Court of Justice billion. Thereafter, appointed Mr. Kenneth Halliburton claimed the Rokison, QC who amount from Chubb under incidentally was one of the the Policy, but Chubb refused arbitrators proposed to the to settle the claim contending court by Chubb, for amongst other things that appointment as the third Halliburton's settlement arbitrator. Although payment was unreasonable Halliburton objected to the and it was reasonable for it appointment of Mr. Rokison (Chubb) not to have consented as well as the other candidates to the settlement. proposed by Chubb, upon his As stated earlier, the Policy appointment by Flaux J., between Halliburton and Halliburton did not appeal Chubb was a Bermuda Form against the order. policy, a type of policy created in the 1980s to provide Before expressing his lessee of Deepwater Horizon monitoring services to BP in willingness to be appointed, drilling rig in the Gulf of relation to the plugging of the high excess commercial general liability insurance to Mr. Rokison disclosed to Mexico. The rig was owned well. companies operating in the Halliburton and the court that and operated by Transocean United States. Bermuda Form he had previously acted as an Holdings LLC (“Transocean”). In April 2010, there was an policies usually contain a arbitrator in several BP was contracted to provide explosion on the drilling rig clause providing for disputes arbitrations in which Chubb crew and drilling teams while when a well ruptured and to be resolved by arbitration. was a party, including as oil services giant, Halliburton caused arguably the largest oil Bermuda Form arbitrations party-appointed arbitrator provided cementing and well- spill in the history of marine www.esq-law.com
Esq Legal Practice | 23
nominated by Chubb. He also disclosed that he was currently appointed as arbitrator in two pending references in which Chubb was involved. The court did not deem these disclosures as impediments to his appointment and went ahead to appoint him. While the parties to this arbitration were still exchanging pleadings, Mr. Rokison accepted another appointment in December 2015, as an arbitrator in relation to a claim by Transocean against Chubb arising out of the same incident. He was appointed by Chubb. Before accepting his appointment in this second reference, Mr. Rokison disclosed to Transocean his appointment in the first reference in which Haliburton was the Claimant against Chubb. Transocean did not object to his appointment. In August 2016, he also accepted a third appointment arising out the same Deepwater Horizon incident. This time he was appointed as a substitute arbitrator on the joint nomination of the parties to the claim, Transocean and a different insurer. However, Mr. Rokison did not disclose these two subsequent appointments to Halliburton, the Claimant in the first reference.
It so transpired that in the second and third references, there was a preliminary issue which was potentially dispositive of the claims in those arbitrations if the tribunals decided in favour of the insurers. The issue was whether the fines and penalties that Transocean had paid to the US Government should be taken into consideration in these two references.
consideration in these two references. Ultimately, the tribunals issued awards on the preliminary issues on 1 March 2017 and decided in favour of Chubb and the other insurer. The awards brought the two references to an end without either tribunal having to consider questions as to the reasonableness of Transocean's settlement, which was the major issue in the first reference at issue.
not occurred to him at the time of those appointments that he was under any obligation to disclose them under the IBA Guidelines. He then admitted that, with the benefit of hindsight, it would have been prudent for him to have disclosed those appointments and apologised for not having done so. Nevertheless, despite being invited by Halliburton's lawyer to resign, he did not do so, as a result of which Haliburton discovers Mr. Halliburton issued a Claim It so transpired that in the Rokison's appointments Form in the High Court second and third references, seeking an order under there was a preliminary issue On 10 November 2016, section 24(1)(a) of the English Halliburton discovered Mr. which was potentially Arbitration Act 1996 that Mr. Rokison's appointments in the Rokison be removed as an dispositive of the claims in two subsequent references those arbitrations if the arbitrator. tribunals decided in favour of and their lawyers wrote to him expressing their concerns. Mr. Justice Popplewell of the the insurers. The issue was In response, Mr. Rokison whether the fines and High Court heard penalties that Transocean had informed the parties that he Halliburton's application and, had not disclosed those paid to the US Government in a judgment delivered on appointments because it had 3 February 2017, dismissed the should be taken into 24 | Esq Legal Practice
application. In his judgment, Popplewell J. rejected Halliburton's contentions that - (i) Mr. Rokison would derive a secret benefit in the form of the remuneration which he would receive from the arbitrations; (ii) the overlap between the three references, which meant that Mr. Rokison would learn information in the Transocean references, which information would be available to Chubb but not to Halliburton, gave rise to justifiable concerns; and (iii) the chairman of a tribunal had an enhanced duty [beyond that of party appointed arbitrators] to maintain demonstrable impartiality and fairness. The judge held that the arbitrator's failure to disclose the subsequent appointments did not give rise to a real possibility of bias against Halliburton. Aggrieved, Halliburton www.esq-law.com
Reasoning & Decision of the Supreme Court The principal issues presented to the UK Supreme Court for determination were the following two questions: (i) whether and to what extent an arbitrator may accept appointments in multiple references concerning the same or overlapping subject matter with only one common party, without thereby giving rise to an appearance of bias, and (ii) whether and to what extent the arbitrator may do so without disclosure.
The principal issues presented to the UK Supreme Court for determination were the following two questions: (i) whether and to what extent an arbitrator may accept appointments in multiple references concerning the same or overlapping subject matter with only one common party, without thereby giving rise to an appearance of bias, and (ii) whether and to what extent the arbitrator may do so without disclosure. appealed to the Court of Appeal.
and that something more substantial was required to infer apparent bias. Applying Reasoning & Decision of the the above conclusion to the Court of Appeal facts of the case, the Court of Appeal held that the degree of In a judgment delivered on 19 overlap between the April 2018, the Court of arbitration between Appeal recognised that the Halliburton and Chubb and existence of multiple the subsequent references, in appointments of an arbitrator which Mr. Rokison was also in related arbitrations appointed, was very limited. concerning the same or overlapping subject matter with only one common party Further, the court, after stating could cause the party that was the law on the circumstances not involved in the related in which an arbitrator should arbitrations to be concerned make disclosures, proceeded and could be a good reason to hold that while a failure to for a judge to decline to make a disclosure when it appoint a person as an should be made is itself a arbitrator in the face of factor which the courts should objection by that concerned take into account in party. However, the court considering whether there was nevertheless held that the a real possibility that the appointment of a common arbitrator was biased, nonarbitrator did not justify the disclosure of a matter which inference of apparent bias; should have been disclosed www.esq-law.com
but was not, did not on examination give rise to justifiable doubts as to the arbitrator's impartiality, and could not in and of itself justify an inference of apparent bias without more. The Court of Appeal disagreed with Mr. Justice Popplewell and held that Mr. Rokison ought as a matter of law to have made disclosures to Halliburton at the time of his appointment in the subsequent references. Nonetheless, the court agreed with his overall conclusion that a fair-minded and informed observer, having considered the facts, would not conclude that there was a real possibility that Mr. Rokison was biased. Consequently, the Court of Appeal dismissed the appeal. Halliburton appealed to the Supreme Court.
It must be noted that Halliburton's case before the Supreme Court was not that the arbitrator, Mr. Rokison was guilty of any deliberate wrongdoing or actual bias. Instead, they founded their case on apparent unconscious bias on the basis of five interrelated grounds. Such was the importance that the questions in the appeal raised, that the Supreme Court allowed and received written and oral representations from the International Court of Arbitration of the International Chamber of Commerce (“ICC”) and the London Court of International Arbitration (“LCIA”), and written submissions from the Chartered Institute of Arbitrators (“CIArb”), the London Maritime Arbitrators Association (“LMAA”) and the Grain and Feed Trade Association (“GAFTA”). Halliburton and three of the interveners; ICC, LCI and CIArb, contended that the judgment of the Court of Appeal was out of step with internationally accepted standards and practices in international arbitration.
Esq Legal Practice | 25
In its judgment, the Supreme Court clarified the legal test that applies to the duty of disclosure. It confirmed that even if an objector has not established a real possibility of bias on the facts of a case, an arbitrator nevertheless has a duty to make the disclosure if non-disclosure might "reasonably" give rise to such doubt. The Supreme Court also explained that the legal test, and the assessment of the possibility of apparent bias following disclosure, should be applied through the eyes of a "fair minded and informed observer", and that in arriving at a conclusion, regard must be had to "the particular characteristics of international arbitration" and the "custom and practice in the relevant field of arbitration".
disclosure on the part of an arbitrator in a first reference and the corresponding duty of privacy and confidentiality which he owes to the parties in the subsequent reference(s). The court held that where information that needs to be disclosed is subject to a duty of privacy and confidentiality, an arbitrator can only make such disclosure with consent from the parties to whom the duty of confidentiality is owed. Such consent may be express or inferred from the arbitration agreement in the context of the custom and practice in the relevant field of arbitration.
as those of the ICC and LCIA, differed from the practice in GAFTA and LMAA arbitrations and their relevant industries.
arbitrations are taken to accept that the involvement of arbitrators in multiple arbitrations does not call the arbitrator's impartiality into question. Bermuda Form policies, which was the policy Under ICC and LCIA arbitrations, parties are taken entered into by the parties to to implicitly consent to the this reference, are ad hoc arbitrations and the Supreme disclosure of limited information regarding their Court found that there is no arbitrations. Unless the parties established custom or practice to an arbitration have agreed in Bermuda Form policies by to prohibit disclosure, an which parties have accepted arbitrator may therefore, that an arbitrator may take on without express consent, multiple appointments disclose information such as without disclosure unlike the existence of a current or a GAFTA and LMAA past arbitration involving a arbitrations. common party, the identity of the common party, whether On the first issue the Supreme After hearing from the parties the proposed appointment in Court agreed with the LCIA's and the interveners, the the other reference was to be submission that where an Supreme Court recognised party-appointed or a arbitrator accepts that there was a variety of nomination for appointment appointment in multiple practices in relation to the by a court or a third party, references concerning the One of the factors that the UK disclosure of multiple and the fact that the other same or overlapping subject Supreme Court considered in appointments and that what is reference arises from the same matter with only one common arriving at its decision was the appropriate for arbitrations incident. On the other hand, party, this may, depending on interplay between the duty of under institutional rules such parties to GAFTA and LMAA the relevant custom and practice, give rise to an appearance of bias.
After hearing from the parties and the interveners, the Supreme Court recognised that there was a variety of practices in relation to the disclosure of multiple appointments and that what is appropriate for arbitrations under institutional rules such as those of the ICC and LCIA, differed from the practice in GAFTA and LMAA arbitrations and their relevant industries. 26 | Esq Legal Practice
In respect of the second issue however, the Supreme Court agreed with Halliburton that the failure to give a party the relevant information and opportunity for communication with the common arbitrator that is available to the other party in the subsequent reference(s), had the potential to give rise to unfairness and might amount to apparent bias. The court also agreed that Mr. Rokison was under a legal duty to disclose his appointment in the subsequent reference to Halliburton because of the existence, at the time of the appointment, of potentially overlapping arbitrations with only one common party, which was a circumstance that www.esq-law.com
might reasonably give rise to a real possibility of bias. The Supreme Court made it clear that this legal duty arises from both an arbitrator's statutory duty to act fairly and impartially under section 33 of the English Arbitration Act and an implied term in the contract between the arbitrator and the parties that the arbitrator will so act. The Supreme Court also agreed that Mr. Rokison had breached this legal duty of disclosure.
On one hand, it is clear that the Supreme Court clarified the law on the apparent bias test as being “whether a fairminded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased”, thereby clearing any doubt as to what the position under English law is. Analysis of the UK Supreme Court Decision
arbitration" and “the custom and practice in the relevant field of arbitration", the The arbitrator's obligation to Supreme Court (most act independently, fairly and unusually) left the law in a impartially is one of the core state of flux. This will principles of arbitration law. It undoubtedly lead to extensive is from that obligation that the practical concerns not just for consequential duty arises, to English law but disclose circumstances that by extension, Nigerian law may render the arbitrator which relies heavily on susceptible to the appearance English law positions of bias to a fair-minded and especially in areas of the law informed observer. This case that are untested in the brought the issue into sharp Nigerian justice system. focus.
has arisen from the ruling.
Final Words
In the final analysis, the number of interveners (five in total) the UK Supreme Court allowed and received oral and written representations from is clearly demonstrative of the Nevertheless, the Supreme importance of this case to the Court, in upholding the practice of international decisions of both the Court of arbitration and the legal Appeal and the High Court, questions of wide and general albeit for different reasons, importance raised in the case. held that on the facts of the It is in this respect that that case, a fair-minded and the eagerly anticipated Incidentally, the High Court informed observer, looking at On one hand, it is clear that decision must be seen for of Lagos State had early last the facts and circumstances the Supreme Court clarified year reignited the controversy what it truly is, an ultimately that existed at the time of the the law on the apparent bias surrounding the extent of the underwhelming decision and hearing to remove the test as being “whether a duty of disclosure, when it set a missed opportunity to bring arbitrator, would not conclude fairminded and informed clarity to this fundamental aside an ICC Arbitration that there was a real observer, having considered Award on the grounds of the issue. It is also difficult to possibility of bias or that the facts, would conclude that failure of the Chair of the rationalise the Supreme circumstances existed that there was a real possibility Court's decision not to remove tribunal to make certain gave rise to justifiable doubts that the tribunal was biased”, disclosures2. The ruling an arbitrator despite finding about Mr. Rokison's thereby clearing any doubt as elicited sharply divergent that the arbitrator had impartiality. Ultimately, the to what the position under breached a statutory and interventions by different Supreme Court held that there English law is. On the other legal commentators including contractual duty of disclosure. was no apparent bias and hand, however, to the extent two distinguished Senior It remains to be seen what therefore no grounds for that the court left the question Advocates of Nigeria.3 impact the court's decision to removing Mr. Rokison as an of the extent of disclosure leave the vexed issues of Hopefully the UK Supreme arbitrator. required in each given case to Court's decision will provide disclosure and apparent bias be determined by having some persuasive authority in to fact-specific circumstances regard to "the particular will have on future the determination of the characteristics of international appeal that is likely to arise or arbitrations. 2
3
Global Gas and Refinery Limited v. Shell Petroleum Development Company unreported ruling of the High Court of Lagos State delivered on 25 February 2020 in Suit No. LD/1910/GCM/2017 Coram Oyekan-Abdullahi J. See Funke Adekoya, SAN https://legal.businessday.ng/2020/03/26/global-gas-and-refinery limited-v-spdc-is-lagos-pro-or-anti-arbitration/ and Odein Ajumogobia, SAN https://www.pressreader.com/nigeria/business-daynigeria/20200423/281633897381837
Oyinkansola Badejo-Okusanya Partner obadejo-okusanya@alp.company
www.esq-law.com
Orji A. Uka
Senior Associate ouka@alp.company
Esq Legal Practice | 27
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Legalreport NIGERIA'S FG GENERATED N392.8BN AS TAXES FROM COMPANIES IN 3 MONTHS; SIGNIFYING 86% OF PROJECTED TAX REVENUE With a strong recovery in tax revenue as the country moves away from the grip of the coronavirus pandemic, which has hindered the ability of various sectors of the Nigerian economy to generate revenue. As a result, revenue from Nigeria's business income tax (CIT) rose by 32.84 percent year on year in the first quarter of 2021, to N392.77 billion. This substantial rise in tax revenue represents a 32.82 percent quarter-on-quarter increase from N295.68 billion in the fourth quarter of 2020. Meanwhile, the overall revenue raised from these taxes accounts for around 86.1 percent of the N920.14 billion in estimated tax revenue in the 2021 budget document. However, on the back of rising crude oil prices, the federal government has raised a total of N496.4 billion in valueadded taxes from various sectors of the economy, up 52.93 percent year on year. Nonetheless, with crude oil prices rising in recent weeks and projected to reach $80 per barrel by the end of August 2021, overall revenue is expected to rise moderately in the coming quarters.
as company income tax locally in the first quarter of 2021, while N184.59 billion was generated as international company income tax payments, and the remaining N55.85 billion was generated as income tax from other payments.
quarter of 2021 revealed that State Ministries and Parastatals followed the log of highly generating sectors after recording N17.35 billion. For the first three months of 2021, the data showed that Other Manufacturing companies produced N16.25 billion, Oil Producing companies generated N15.36 billion, and The Breweries, Bottling and Not Available and CommerBeverages sector generated cial and Trading companies the most company income tax generated N14.61 billion and during the period, with N13.5 billion in company N23.26 billion, representing a income taxes, respectively. 329.5 percent increase year on year over the previous year's results, and was closely Furthermore, companies in followed by professional the Banks & Financial services, including telecoms, Institutions sector received which generated N18.17 N9.25 billion, Federal The National Bureau of billion in company income Ministries & Parastatals Statistics (NBS) of Nigeria tax. Despite the positive received N6.35 billion, recently checked, validated, results, the figure fell short of Transport and Haulage and released data on business the year-on-year figure by Services received N4.48 income tax breakdown by 36.84 percent in Q1 2020, and billion, Stevedoring, Clearing sectors for Q1 2021. According by 43.52 percent in the last and Forwarding received N1.6 to the national statistics office, quarter of 2020. In addition, billion, and Properties and N152.33 billion was collected the CIT report for the first Investments received N1.08
AFDB TASKS NIGERIA ON URGENT ECONOMIC DIVERSIFICATION
the country's over-reliance on the monolithic economy of petroleum exportation has put it in jeopardy, especially since the outbreak of the COVID-19 pandemic, which has caused crude oil prices to plummet on the international market. He pointed out that the South Korean economy, which was on par with Nigeria's in the 1960s despite being nonresource dependent, had done exceptionally well by export diversification, while Nigeria's economy had hardly diversified and had become locked-in to petroleum export for export
The African Development Bank (AfDB) has urged Nigeria's government to diversify its economy as soon as possible in order to boost economic growth and development. According to Oyebanji, industries developed in early post-independence Nigeria have become dormant, while www.esq-law.com
billion, all contributing to the positive growth of the total quarterly growth of the company incom. Other sectors of the Nigerian economy include pharmaceuticals, soaps, and toiletries, which generated N958 million; agriculture and plantations, which generated N924 million; gas, which generated N805.9 million; hotels and catering, which reported N789.8 million; and building and construction, chemicals, paints, and allied industries, and conglomerates, which reported N2.3 million, N2.3 million, and N2.3 million, respectively. Meanwhile, the Textile and Garment Industry brought in the least money, followed by Mining and Automobiles and Assemblies, which brought in N13.49 million, N34.40 million, and N73.57 million, respectively.
earnings at the expense of value-added agriculture and manufactures.
He went on to say that in order for Nigeria to achieve long-term recovery and sustainable growth, it needs to The result, he said, is Nigeria's implement an urgent economic diversification and a manufacturing sub-low favorable response to the sector's contribution to aggregate production, which emerging challenges of the twenty-first century. The ranges from 5% to 8% as National Bureau of Statistics compared to its Asian (NBS) of Nigeria recently counterparts. He urged the checked, validated, and government to invest in released data on business infrastructure in order to achieve sustainable diversifi- income tax breakdown by sectors for Q1 2021. According cation, noting that the country's infrastructure deficit to the national statistics office, is projected to be $100 billion N152.33 billion was collected per year. as company income tax locally
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Deals
Amazon wins $303 million court case in blow to EU tax crusade In a blow to competition commissioner Margrethe Vestager's crusade against preferential deals, Amazon won its battle against an EU order to pay around 250 million euros ($303 million) in back tax to Luxembourg. The setback rekindled demands from EU lawmakers for a global corporate tax agreement, and legal experts predicted that Vestager will continue to pursue large corporations over their tax payments. The EU's General Court ruled on Wednesday that the bloc failed to prove that Luxembourg had offered the US online retailer preferential treatment in breach of state aid laws. Its decision follows Vestager's historic loss last year against Apple, which had challenged an order requiring it to pay 13 billion euros ($15 billion) in back taxes to Ireland. Vestager singled out Amazon and Apple as part of a movement to end tax breaks used by EU states to entice major corporations, such as Luxembourg and the Netherlands. Such arrangements are considered unequal by the Commission.
In a statement, Amazon said the ruling backed up “our long-standing stance that we followed all relevant laws and that Amazon deserved no special treatment.” The Luxembourg government claimed that the ruling proved that the tax agreement was not state assistance or a competitive advantage. According to Ioannis Kokkoris, a professor of competition law and economics at Queen Mary University of London, she is unlikely to abandon her crusade.
“The Commission's potential strategy in state aid cases could be fine-tuned to address The EU judges in Luxembourg the issues raised by the court, said, “The Commission did but this hiccup will not deter not prove to the necessary Vestager's drive in this area,” legal standard that there was he said. an unfair reduction in the tax burden of a European Vestager didn't get it all bad. subsidiary of the Amazon In a separate case, Engie, a group.” French utility, lost its appeal
Clifford Chance elects Olamide Oladosu as first Nigerian-qualified Partner
minimum tax rate of 21% on multinational corporations.
“With such a low tax rate, member states will be able to recover lost tax revenue from Amazon in the future. This will bring an end to against an EU order to pay Luxembourg 120 million euros Luxembourg's business model as a tax haven, according to in back taxes on Wednesday. EU lawmaker Sven Giegold. The decision by Amazon, “At the same time, public however, was criticized by country-by-country reporting groups campaigning for higher taxes on multinational needs to be implemented as quickly as possible. Then, corporations. according to Giegold, “large “Today's ruling is a setback,” companies would have to report their income and taxes said Chiara Putaturo, an paid per country.” Oxfam EU tax expert. “It demonstrates once more that case-by-case investigations do Vestager's success in persuading Belgium, Ireland, not solve large-scale tax Luxembourg, and the avoidance.” Netherlands to change their tax policies has aided attempts The amount at stake in the to reach a global agreement. Amazon decision is insignificant in comparison to The chances of achieving one, according to the Organisation the billions of dollars the for Economic Cooperation and online retailer earns each quarter, but it could aid other Development (OECD), have never been better. businesses in their appeals against the EU's tax According to corporate filings investigations. with the Luxembourg registry, Amazon's Luxembourg-based EU lawmakers agreed with main European operating Oxfam that a systematic subsidiary, Amazon EU Sarl., approach was required, and has not announced a tax urged the bloc to support US President Joe Biden's call for a payment in any of the last
Clifford Chance, a leading multinational law firm, confirmed the election of Mr. Olamide Oladosu as a partner yesterday. The new partner is part of a diverse group of 29 new partners drawn from the firm's market-leading practices and around the globe. With his appointment, Oladosu becomes the first Nigerian lawyer to be elected to a Magic Circle firm's global partnership. His election was being celebrated throughout the industry as yet another example of a Nigerian excelling at the highest professional level on the global stage, according to a statement released by the company. Oladosu attended the Nigerian Law School after graduating from the University of Ibadan. He was admitted to the
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three years since it reported losses on its 104 billion euros in sales.
Deals
According to corporate filings, Amazon has lowered its European taxable income over the last two decades by letting Amazon EU Sarl pay affiliated, tax-exempt partnership fees in exchange for the use of intellectual property.
HAMZA BASSEY
Over the 2018-2020 timeframe, Amazon EU Sarl received nearly 600 million euros in tax credits. in this article In a 2017 decision that was overturned on Wednesday, the European Commission stated that Luxembourg exempted Amazon from paying taxes on nearly threequarters of its income from EU operations by allowing it to channel profits to a holding company tax-free. The EU said in its 2018 decision on Engie that the company's tax burden was unfairly lowered by an agreement with Luxembourg authorities, which meant it paid an effective corporate tax rate of 0.3 percent on certain income in Luxembourg for around a decade. The court agreed with the Commission, finding that the French utility benefited from a tax break. T-816/17 Luxembourg v Commission and T-318/18 Amazon EU v Commission are the two cases. (1 dollar = 0.8243 euros)
CONFIRMED AS CHAIRMAN OF UNION BANK'S BOARD OF DIRECTORS Mrs Beatrice Hamza Bassey has been confirmed as the Chairman of the Union Bank of Nigeria (Plc) Board of Directors. This follows the board's initial selection of her as acting Chairman following the death of the Bank's former Chairman, Cyril Odu, in September 2019.
Mrs. Beatrice Hamza Bassey became a Non-Executive Director of Union Bank in On April 29, 2021, Union 2015. She is the General Bank sent a notice to the Counsel and Chief Nigerian Stock Exchange Compliance Officer at Atlas (NSE), its shareholders, and Mara Limited, a publicly other stakeholders, which was traded financial services firm signed by its Company with banks across Africa. Secretary, Somuyiwa Sonubi. She is a well-known lawyer “This is to inform the with extensive experience in Nigerian Exchange Limited, corporate governance and esteemed shareholders and financial institutions. She is a other stakeholders that, compliance expert who following the appointment of advises clients on compliance Mrs Beatrice Hamza Bassey as and anti-corruption issues the Acting Chairman, Board around the world. of Directors ('the Board') of Union Bank of Nigeria Plc Mrs Hamza Bassey has led ('the Bank,' the Central Bank Atlas Mara's acquisition and of Nigeria (CBN) has integration of the nine banks confirmed Mrs Beatrice it has purchased to date, as
Nigerian bar and later became a solicitor in England and Wales. Oladosu was previously a partner at Templars, Nigeria's preeminent full-service law firm, and the general counsel at Rand Merchant Bank Nigeria. He is based in the firm's London office and specializes in energy and infrastructure with an emphasis on Africa. Oladosu leads Clifford Chance's practice in Anglophone West Africa, in addition to his fee-earning job.
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Hamza Bassey as the substantive chairman of Union Bank of Nigeria Old.
He has advised on some of the region's most dynamic and market-leading transactions, including advising the sponsors of Nigeria's Azura power plant project and the lenders of Ghana's Tema LNG project. Mr. Anthony Giustini, Clifford Chance's Regional Managing Partner for Africa, expressed his congratulations to Oladosu in a statement released by the firm. Oladosu's election, according to Giustini, demonstrates the firm's desire to encourage and develop African talent by recognizing his exceptional legal skills and business acumen.
well as other strategic projects, in addition to managing Compliance, Corporate Governance, and Legal Affairs for all of its subsidiaries. Mrs Hamza Bassey has gained extensive knowledge of corporate governance best practices and patterns through her current work on the boards and board committees of public corporations. Prior to that, she was a Senior Partner in Hughes Hubbard & Reed LLP's New York offices, where she was a member of the Executive Committee. Mrs Hamza Bassey spent nearly two decades at Hughes Hubbard, where she advised a number of US and international financial institutions, as well as other companies in a variety of industries, on compliance matters. Hamza Bassey graduated from the University of Maiduguri with a law degree, a bachelor's degree from the Nigerian Law School, and a master's degree from Harvard Law School. In 1995, she was admitted to the Nigerian Bar, and in 1999, she was admitted to the New York Bar. She is a member of the Partnership for New York City's prestigious David Rockefeller Fellows Program.
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Dentons, the world's largest law firm, has announced a partnership with Adepetun, Caxton-Martins, Agbor & Segun (ACAS-Law), a leading Nigerian law firm. Dentons now has a stronger presence in Africa, thanks to the addition of main locations such as Lagos, Abuja, and Port Harcourt, which were voted on favorably by Dentons' partners. The firm's global scope, combined with ACASoutstanding Law's reputation as a leading service provider, provides the primary portal for linking global services to Nigeria-based clients and businesses. This landmark merger – the first of its kind in Nigeria – represents the culmination of a strong and long-standing relationship between the two companies, resulting in the world's largest law firm serving Africa's largest economy.
to become the leading PanAfrican law firm owned and controlled by Africans and located in key markets,” said Elliott Portnoy, Global CEO of the world's largest law firm. “Nigeria, as Africa's leading economy, is a priority market for our clients. Combining with ACAS-Law, with whom we have shared years of significant collaboration, allows us to connect clients to leading talent in Nigeria and to more than 19,000 people around the globe.”
ACAS-Law and Dentons have served clients together for “The combination with ACAS- many years, in sectors such as Law builds upon our strategy Energy, TMT and Banking Olatunde Busari, SAN. Akinola Chief Gbola Akinola is a practicing lawyer and an succeeds accomplished arbitrator. Busari as Chair He is a partner at The Law and has extensive of the CIArb Union corporate and business law experience. He is also a Nigeria qualified lawyer with A new Chairman has been named to the Chartered Institute of Arbitrators (CIArb). Chief J. Akingbola Akinola, C.Arb. succeeds Mr. 32 | Esq Legal Practice
considerable experience in commercial legal consultancy. Chief Gbola Akinola is a Fellow of the Chartered Institute of Arbitrators and a member of the Kigali
unique needs – in 204 locations around the world.”
Dentons' distinctive polycentric and anti-colonial approach has been a stark differentiator, challenging the conventional paradigm for and Finance. Dentons' delivering legal services in combination with this Africa, on a continent scarred established and prestigious firm, which celebrated its 30th by the legacy of colonial dominance and in a market anniversary on April 1, 2021, where the activities of the is a meaningful testimony to leading law firm are years of successful hierarchical. This merger with collaboration. ACAS-Law advances Dentons' plan to become the largest “As our clients emerge from Pan-African law firm owned the global economic crisis, and operated by Africans, they are being confronted assisting clients in 17 African with bigger and broader challenges and are asking us, locations and 204 locations in 81 countries around the world what's next?” said Joe as they navigate the New Andrew, Global Chairman. “The answer to that question Dynamic Decade. is talent. With over 19,000 Dentons ACAS-Law is the people, Dentons has the experience and confidence to firm's new brand name, and it help our clients navigate their currently has seven partners
International Arbitration Center's Panel of International Arbitrators, both in Kigali, Rwanda. He was a member of LACIAC's Board of Directors and the Maritime Arbitrators Association of Nigeria's Past President (MAAN). On Thursday, April 22nd, 2021, Chief Akinola was elected at the Institute's inaugural meeting of the 20212022 Executive Committee. www.esq-law.com
Legalreport and 52 attorneys. It is headed by 60% women and has a female Managing Partner. In Nigeria, ACAS-Law has a distinguished reputation for providing world-class legal services. With various rankings around these practices, it is well-known in Corporate and Commercial, Energy, Project Finance, Shipping, Dispute Resolution, Intellectual Property, and Tax. Given Dentons' strengths in each of these fields, the combination would result in substantial synergies. “Dentons' strategy is focused on finding combination firms who have the proven ability to offer sophisticated, highquality legal services and business solutions in their home markets,” said Noor Kapdi, CEO of Dentons' Africa Region. “We quickly identified ACAS-Law by virtue of its preeminence in Nigeria and our combination continues Dentons' momentum in Africa, enabling Dentons to, once again, maintain and improve its quality as it grows.” “Dentons ACAS-Law shares the vision of building the leading Pan-African law firm owned and controlled by Africans,” said Felicia Kemi Segun, Managing Partner. “Our combination with Dentons means that our clients will benefit from continuing to be served by lawyers that they know and trust while also having access to an unrivalled talent pool around the globe.”
The first Vice-Chairman is Mrs. Olusola Adegbonmire, C.Arb; the second ViceChairman is Prof Paul Idornigie, SAN, C.Arb; the third Vice Chairman is Mrs. Obosa Akpata, C.Arb; and the Secretary is Mrs. Josephine Akinwunmi, FCIArb. Mr. Akin Omisade, FCIArb Treasurer, Dr. Adeyemi Agbelusi, FCIArb P.R.O, Mr. Ibifubara Berenibara, FCIArb Assistant Secretary, Mrs. Seyilayo Ojo, C.Arb Chairman www.esq-law.com
NIGERIA'S PAYSTACK LAUNCHES IN SOUTH AFRICA Following a six-month pilot program, Nigerian fintech giant Paystack has formally entered the fintech market in South Africa. Paystack accepts card and electronic funds transfer payments both online and offline (EFT).
plus R1.00 (excluding VAT). This is the fee that Paystack would charge for each transaction that it processes.
Paystack has spread into over 40 countries and increased its merchant customer base to over 60,000 companies in just six years since its inception in Nigeria. Stripe Inc., Silicon Valley's “hottest start-up,” took note of its rapid growth, which now accounts for more than half of all online transactions in Nigeria.
Yoco and PayFast are likely to be Paystack's biggest rivals in South Africa. Paystack has a 13-year head start on the latter, which was acquired by DPO Group, Africa's largest payment service provider, in 2019. In 2020, Payfast will have reported 40,000 new merchant accounts.
In October 2020, Stripe purchased Paystack in a transaction worth more than $200 million, according to reports (R2.8 billion).
made with cards such as Visa, Mastercard, and American Express, as well as EFT and Masterpass. It intends to launch PayPal and Snapscan “soon.” Paystack has introduced a series of plugins suited to online stores to capitalize on South Africa's e-commerce boom (with growth of about 40% in 2020, mainly due to prolonged coronavirusinduced lockdowns). WordPress, Shopify, Wix.com, Opencart, Magneto, PrestaShop, Squarspace, and Joomla will all use these payment systems. Paystack launched in South Africa with a per-transaction fee of 2.9 percent (of the total purchase amount) plus R1.00 to attract customers (including VAT). This offer is valid for companies that joined Paystack during its pilot phase and is open to anyone else until June 1st.
Paystack's tentative foray into South Africa, which included a trial period collaborating with select tech startups and e-commerce shops, coincided with this purchase. MTN, Bolt, and SPAR are among the African companies that use Paystack to process payments. Paystack creates custom payment applications that enables companies and their customers to complete transactions. In South Africa, For businesses that do not the Nigerian tech firm is sign up before June 1st, the currently handling payments fee would rise to 2.7 percent
The transaction fees charged by PayFast are usually higher than those charged by Paystack. PayFast charges 3.5 percent plus R2.00 for every credit and debit card transaction it processes (excluding VAT). Yoco, which launched in South Africa in 2015 and now has over 120,000 registered merchants, charges a percentage fee for each purchase based on a sliding scale based on the companies' monthly revenue. Yoco charges a pertransaction fee ranging from 3.05 percent to 3.4 percent for online payments processed (excluding VAT).
Training Committee, Mrs. Obosa Akpata, C.Arb Chairman Membership Committee, Mr. Olumide Sofowora, SAN, C.
employment in the field of alternative conflict resolution.” Chief Akinola also promised that the new executive would address some of the issues that have According to Chief Akinola, hampered the enhancement of the new PRO, Dr Adeyemi the benefits of Alternative Dispute Resolution (ADR) in Agbelusi, quoted the new Chairman as saying, “The Nigeria, as well as collaborate Institute under his leadership with other stakeholders to will improve our training ensure the country's programmes so that it will advancement of arbitration. concentrate more on impacting expertise and the skills required for fruitful Esq Legal Practice | 33
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Real Estate, Power, two other sectors attract $8.35 billion in 3 months In three months, real estate, power, and two other sectors have attracted $8.35 billion. Construction ($2.90 billion), energy ($0.26 billion), and agriculture ($0.11 billion) earned the most investment, accounting for 60% of total investment ($5.08 billion). In the first quarter of 2021, the real estate, power, manufacturing, and agriculture sectors earned $8.35 billion in investment, making them the top four investment destinations. This is a complete 180-degree turn from the same time in 2020, when transportation (42%) took the lead, followed by information and communication (33%), mining and quarrying (21%), and agriculture (4%). In its Report of Investment Announcements, Q1 2021, the Nigerian Investment Promotion Commission (NIPC) revealed this. Construction ($2.90 billion), energy ($0.26 billion), and agriculture ($0.11 billion) earned the most investment, accounting for 60 percent ($5.08 billion), according to the study. The NIPC report's highlights: In Q1 2021, the federal government was the largest beneficiary of spending, accounting for 35% ($2.95 billion). This was in contrast to the same time in 2020, when the United States of America was the most successful source of investment announcements, accounting for 42 percent of all announcements. South Africa accounted for 33% of the investments tracked, with domestic investors accounting for 16% and the United Kingdom accounting for 8%. Morocco ($1.40 billion), the United Kingdom ($0.24 billion), and the United States ($0.08 billion) were among the other countries that invested in Nigeria. Nigeria earned 15 projects across eight states in Q1 2020, compared to 19 projects across 14 states, including the Federal Capital Territory, in Q1 2020. (FCT). What you should be aware of in regards to the study The commission, however, cautioned that since its report was focused solely on the 340 news articles cited in NIPC's newsletters from January to March 2021, it does not contain comprehensive information on all investment announcements made in Nigeria during the time under consideration.
Aluko & Oyebode advises on US$750 Million Eurobond Issuance by Africa Finance Corporation Aluko & Oyebode (the “Firm”) is pleased to have acted as sole Nigerian legal counsel in connection with the successful issuance of US$750 Million 2.875 per cent Rule144A / Regulation S Notes due 2028 (the “Bond Issuance”) by Africa Finance Corporation (the “Corporation”) for which the Firm represented the “Joint Lead Managers” (First Abu Dhabi Bank PJSC, Goldman Sachs International, J.P. Morgan Securities Plc, Merrill Lynch International and MUFG Securities EMEA Plc). The Bond Issuance, which is the sixth Eurobond issued under the Corporation's US$5 Billion Global Medium-Term Note Programme, will be admitted to trading on the regulated market of the Irish Stock Exchange (trading as Euronext Dublin) and the Corporation will utilise the proceeds of the Bond Issuance to continue investing in critical infrastructure that delivers on the Corporation's long-term vision to drive social, economic and sustainable change across Africa. The Bond Issuance was 3.5 times oversubscribed by a pool of investors from across the United Kingdom, Continental Europe, the Middle East, Asia, and the United States/Americas. This reflects a strong investor appetite in Africa notwithstanding the severe market disruption experienced on the continent during the past year, as a result of the COVID-19 pandemic. The Firm's transaction team was led by Senior Partner, Olubunmi Fayokun, with associates, Abisola Akinyemi, Kareemat Ijaiya and Gregory Yinka-Gregg.
Baker McKenzie names Jannan Crozier as New Global M&A Chair Baker McKenzie revealed on Thursday 13 May, 2021 that London-based partner Jannan Crozier would serve as the firm's global M&A chair. Crozier will take over for Chicago-based M&A partner Michael DeFranco on July 1st. She enters a market that is still relatively scarce as a woman at the helm of a major Big Law M&A practice. But she's not alone, and the job has led to
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ʻJUSUN Wants Nigerians to have Free, Fair Justice System' Viashima Timothy Tersoo, chairman of the Federal Capital Territory (FCT) Judicial Service Committee branch of the Judiciary Staff Union of Nigeria (JUSUN), has proclaimed that the union's indefinite strike is intended to ensure that Nigerians have access to a free and fair judicial system and judgments. Tersoo said this in response to judicial employees around the country going on strike to demand judicial independence.
“Regardless of your standing or political affiliation, JUSUN wants innocent Nigerians to have a free and fair trial,” Tersoo told Tribune Online.
In a letter dated April 1, 2021, JUSUN General Secretary I.M Adetola instructed members across the country to begin an indefinite strike on Tuesday, April 6, stating, "This is to press home JUSUN's demands for implementation of financial autonomy in the Judiciary."
According to him, the union decided to go on strike because state governors have failed to enforce a court of competent jurisdiction's decision on financial autonomy for the judiciary as the third branch of government since 2014.
According to the chairman of the NJC JUSUN chapter, an independent judiciary will have a positive impact on the country's justice delivery system, ensuring that ordinary Nigerians, regardless of their rank or political affiliations, would receive free and fair judgments.
the government's inability to follow the constitution's provisions.
firmed the autonomy of the judiciary in line with the spirit and letters of the Constitution.
“The NBA is deeply worried that despite the clear provisions of the 1999 Constitution of the Federal Republic of Nigeria (as altered) which consecrate the autonomy of the Judiciary, the executive arm of government, particularly at the state level, has customarily refused to comply with the provisions of the Constitution, which are targeted at safeguarding the independence of the judiciary.
“While that judgment was followed by a Memorandum of Understanding between JUSUN and relevant stakeholders under which parties agreed to conscientiously give effect to the judgement of the court, that has not been the case for seven years after the landmark judgment.”
“The NBA is aware of the judgment of the Federal High Court of 13th January, 2014 which unequivocally con-
TNP acts as Solicitors to Trustees in Nigeria's First Telecommunications Bond
The New Practice is pleased to have acted as Solicitors to the Trustees in Nigeria's first telecommunications Tersoo said that the independence of the judiciary was what bond, and its second largest corporate bond issuance. judicial workers across the country wished to accomplish by going on strike, and that the strike would only be called off if the government address the problem. In a statement dated April 5, 2021, the Nigerian Bar Association (NBA), through its president, Olumide Akpata, bemoaned even bigger promotions in the past. Before being elected firm chair in March, Barbara Becker co-chaired Gibson, Dunn & Crutcher's global M&A practice. Aedamar Comiskey, Linklaters' corporate director, was named the firm's first female senior partner on Wednesday. Cravath, Swaine & Moore made headlines in 2016 when it appointed Faiza Saeed, the firm's then-M&A co-head, as its presiding partner.
TNP advised the Trustees in MTN Nigeria Plc's N110 Billion Series 1 Bond issuance. TNP's team, led by Baba Alokolaro and Bukola Bankole, was supported by Innocent Abidoye, Zainab groups as she takes over as head of the multinational mega-sprawling firm's M&A division. Women make up two of the global committee's eight members.
She began her career with Baker McKenzie as a senior associate nearly 20 years ago. She has since advised Siemens on two acquisitions, Hitachi on its $11 billion acquisition of ABB's power grids company, and KKR on a $4.3 billion transaction, among other Crozier will lead nine of Baker transactions. McKenzie's 16 global practice "I am delighted that such a www.esq-law.com
He insisted that the judiciary, like the executive and legislature, is an equal branch of government, and that its independence is essential to the successful discharge of its constitutional mandate.
Babalola and Genevieve Henshaw. TNP is a commercially oriented law firm based in Lagos Nigeria with a global outlook and a vibrant team of business savvy lawyers.
stellar home-grown talent as Jannan is taking on the task of leading our M&A practice," Baker McKenzie's global chair Milton Cheng said in a statement. Crozier expressed her optimism that the global M&A practice will "continue to expand ambitiously" in a tweet. "I want to collaborate with our clients across all markets and sectors to promote bold and transformational M&A," she said. Esq Legal Practice | 35
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ADVISES FINANCIAL ADVISERS IN COINBASE DIRECT LISTING Latham & Watkins represented the financial advisers to cryptocurrency exchange platform Coinbase Global, Inc. in its direct listing on the Nasdaq Global Select Market under the ticker symbol “COIN” on April 14, 2021. Latham & Watkins in the past represented Spotify in its groundbreaking direct listing on the NYSE in 2018 and also acted as the financial advisers in the direct listings of Slack and Asana on the NYSE in 2019 and 2020, respectively.
Advice was provided on corporate matters by Chicago partner Max Schleusener; on financial regulatory and cryptocurrency matters by New York partner Stephen Wink, with London associate Shaun Musuka; on financial regulatory, According to a report on payments, and AML matters Latham & Watkins' website, by Washington, D.C. partner the firm advised the Todd Beauchamp and cryptocurrency company on London partner Stuart his direct listing. Davis, with Washington, D.C. associates Charles “Latham represented the Weinstein and Loyal Horsley financial advisers to and London associates Coinbase in its direct listing Gabriel Lakeman, Sam with a capital markets team Maxson, and Sidhartha Lal; led by New York partners on bank regulatory matters Marc Jaffe, Greg Rodgers, by New York partner Alan and Benjamin Cohen, with Avery and New York New York associates counsel Pia Naib; on FCPA Brittany Ruiz, Jonathan & sanctions matters by Hernandez, and Darby Washington, D.C. partner Dietrich. Eric Volkman, with Washington, D.C. associate
Technology
Ericsson reaches an agreement with Samsung on patent dispute
C.J. Rydberg; on CFTC regulatory, enforcement, and litigation matters by New York partner Yvette Valdez and Chicago partner Eric Swibel, with New York associates Ashley Weeks, Adam Fovent, and Iris Xie; on tax matters by New York partner Jiyeon Lee-Lim, with New York associate Seung Hyun Yang; on benefits and compensation matters by New York partner Bradd Williamson, with New York associate Anne Bracaglia; on data privacy and security matters by Washington, D.C. partner Jennifer Archie, with Washington, D.C. associate James Smith and London partner Fiona Maclean and London counsel Danielle van der Merwe, with London associate Liz Longster.”
Unilever Nigeria holds 96th AGM, declares N62billion Turnover Revenue increased by 2.4 percent year on year in the year under review, from N60.8 billion to N62 billion, according to Unilever's financial report. Unilever Nigeria Plc, a leading consumer goods company, announced a turnover of N62 billion for the fiscal year ended December 2020, while assuring shareholders of their dedication to good corporate governance in order to drive sustainability and productivity across the company's operations. The Chairman of the Board, His Royal Majesty, Nnaemeka Achebe, addressed shareholders
Ericsson and Samsung have reached a “multi-year” deal on global patent licenses, the Swedish telecom equipment manufacturer announced on Friday, putting an end to a dispute that cost the company money in the first quarter. Ericsson said it had not specified how long the contract, which covers all cellular technology and includes patents, would last. It
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United States major gas pipeline shut down due to cyberattack The main pipeline that transports gasoline to the US East Coast has been shut down due to a cyberattack, the pipeline's operator said on Friday, raising concerns about how vulnerable sensitive networks are to hacking attacks.
at the Company's 96th Annual General Meeting, thanking them for their trust and loyalty considering the challenges faced by the COVID-19 pandemic in the previous year. He went on to say that the company's approach to achieving longterm growth and profitability would remain strategic.
2020 will be a year of major disruptions and volatility in the operating climate, Unilever Nigeria will continue to develop its resilience to weather the storm. Achebe also stated that the organization is committed to delivering long-term and mediumterm growth based on the pillars of operational performance, cost optimization, Revenue increased by 2.4 purposeful brands, and rising percent year on year in the market share in key categoyear under review, from N60.8 ries. billion to N62 billion, according to the Company's “We continue to track the financial report. The rise was market environment and react fueled by a 7.3% year-overappropriately to operational year increase in food items, volatility as well as disrupwhich was partially offset by a tions from the Covid-19 3% sales decrease in the home pandemic,” he said. This and personal care divisions. year's AGM was hybrid, with These figures represent a the majority of shareholders difficult working climate. participating virtually, in accordance with Federal and In terms of the outcomes, State government guidelines Nnaemeka Achebe, Chairman on social distancing as part of of the Board of Directors, efforts to minimize the spread noted that despite the fact that of the coronavirus.
now expects 2 billion to 2.5 billion crowns ($237 million) in patent licensing revenue in the second quarter.
Since local supplies of gas are usually replenished through the pipeline around once a week, the interruption is unlikely to trigger many issues, according to The Wall Street Journal, which compared the situation to pipeline shutdowns that occur during hurricanes. Nonetheless, the closure raises concerns about cyberattacks on critical infrastructure. According to the Journal, it's unclear whether the attack was carried out by criminal hackers or a nation-state. Colonial has approached “law enforcement and other government agencies” and hired a “leading, third-party cybersecurity company” to look into the matter. Colonial said in an updated statement Saturday that ransomware was used in the attack. Attackers use code to take control of a computer device and then demand
Nokia, a Nordic competitor with a sizable patent portfolio, From January 1, 2021, the settled a patent dispute with cross-licence arrangement will Samsung earlier this year. include sales of network The agreement, which Ericsson's patent licensing equipment and handsets, resolves pending litigation in according to a statement. The revenue dropped to 0.8 billion many countries, was reached businesses cited confidential- crowns in the first quarter, in record time, given that down from 2.5 billion crowns ity as a reason for not patent disputes between a year ago. Ericsson's operatdisclosing the terms. technology companies can ing profit is made up of take years to resolve. roughly a third of royalties Ericsson spends approxifrom its patent portfolio. mately 40 billion crowns in The latest conflict began in innovation each year and has December, while the previous a patent portfolio of over Ericsson said that factors such spat between the two firms as expired license agreements 57,000 patents. occurred in 2012 and lasted awaiting renewal, geopolitical
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two years.
Colonial Pipeline, which runs pipes carrying refined petroleum products such as coal, diesel, jet fuel, home heating oil, and military fuel, said in a statement that it has taken “certain systems offline to contain the hazard, which has temporarily halted all pipeline operations and impacted some of our IT systems.”
impacts on the smartphone industry, a technological transition from 4G to 5G, and potential currency effects in the future continue to affect its patent revenue. It also has a patent dispute with KPN NV, a Dutch telecom firm that lodged a patent infringement lawsuit against Ericsson in a Texas district court last month.
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United States major gas pipeline shut down due to cyberattack money to decrypt it in such schemes. For example, the global WannaCry ransomware attacks in 2017 paralyzed computer systems at hospitals, banks, and phone companies. However, cyberwarfare analysts are worried about attacks like the one on Colonial. Russia's shutdown of a portion of Ukraine's power grid in 2015, as well as news that a Russian government-sponsored organization known as Dragonfly or Energetic Bear was able to gain access to the control rooms of US electric utilities in 2017, have all been red flags in terms of internet-focused war. According to reports, the US military has launched cyberattacks against Russia's electricity grid and Iran's missile systems. The huge SolarWinds hack, which used corrupted tools from the IT management firm to infiltrate several US federal agencies and at least 100 private companies, stoked fears of cyberespionage more recently. President Joe Biden of the United States signed an executive order in April imposing a slew of retaliatory measures against Russia in response to the SolarWinds hack. Colonial Pipeline said it is working to restore service to its systems. “At this moment, our primary emphasis is on restoring our service in a secure and productive manner, as well as our efforts to return to normal operations,” the company said in a statement. “This process is already underway, and we're working hard to resolve the issue and minimize the impact on our customers and those who depend on Colonial Pipeline.” Colonial links refineries on the Gulf Coast and elsewhere in the United States with customers in the South and East. According to the company, its pipeline system spans more than 5,500 miles and transports more than 100 million gallons of fuel every day, making it the largest refined products pipeline in the US.
SiBAN becomes BAF and CEBB Member SiBAN has signed the Founding Membership Form and Code of Conduct of the Blockchain Associations Forum (BAF), the “United Nations of Blockchain”. With this BAF membership, SiBAN will enjoy great benefits, including: 1.
2.
3.
4.
5.
6.
7.
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8.
Being a driver of a global, 9. transnational harmonization initiative led by leading blockchain associations 10. Having a unified voice of blockchain associations and organisations from across 6 continents
Representing Nigeria at BAF's global summits and conferences Promoting SiBAN through our 50+ member associations, worldwide Providing a central point of contact for Nigeria's policymakers and regulators on the global level
11. Debating and engaging Having a neutral, with peers, interdisciplinary, and contemporaries, and decentralised platform to BAF's global community strengthen international cooperation and to address global challenges 12. Uniting with world leaders in blockchain and around blockchain such DLT and foster lasting as education, workforce industry relationships planning, policymaking and government 13. Sharing, promoting, and regulation. publishing SiBAN's updates via the BAF Fostering a learning platform culture by sharing intellectual resources in 14. Enjoying complimentary accordance with 12-months membership emerging evidence and of the Centre for local and regional Evidence-Based requirements – the Blockchain (CEBB). nations' “collective wisdom”. And more! Influencing, advising, and Blockchain Association guiding the Quadruple Forum's Inaugural Summit Helix of Blockchain will take place online on 26 Innovation Ecosystems June 2021. The theme and (government, industry, agenda of the Inaugural public services/ society and academia) in Nigeria. Summit will border around the common theme that emerged during BAF's first Networking with other associations around the meeting, which borders on globe national blockchain adoption, road maps, and challenges for Having a close-knit policymakers and the Think-Tank Network of governments. blockchain associations and experts connecting senior decision-makers, policymakers and DLT leads. www.esq-law.com
ESQ PRACTICAL LAWYERS ACADEMY TRANSPORT, SHIPPING & LOGISTICS ACADEMY PRESENTS
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Interview
DISRUPTIVE INNOVATION AND ACCESS TO JUSTICE OYETOLA MUYIWA ATOYEBI, S.A.N PRINCIPAL PARTNER, OMAPLEX LAW FIRM, ABUJA, NIGERIA Technology is dealing disruptive blows on several sectors. The Nigerian Judiciary is not an exception. ESQ Team meets with Oyetola Muyiwa Atoyebi SAN to discuss the impact of technology on the Nigerian Judiciary. The Learned Silk proffered ways in which technology can advance the administration of justice in Nigeria. Join us as we hear from the learned silk on the impact of technology on the justice delivery system in Nigeria
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Greychapel Legal has emerged as that your firm follows to achieve a leading law firm in Nigeria what success? has being your story? Integrity Greychapel Legal commenced Knowledge & Bespoke operations in March 2016, as a Offering full-service law firm with a We endeavor to know, vision to deliver bespoke ad understand and stay abreast quality legal services. We are of our clients' business in driven by integrity and a order to provide quality passion to ensure that savvy, bespoke advice that ultimately proactive and result oriented gives our client the lawyers are accessible to our competitive edge. clients round the clock. We have over the years built an Round the Clock Availability enviable client base consisting We recognize that we are in of local and international the business of keeping our clients across the public and clients in business. Thus, we private sectors and have ensure that our lawyers are advised on both contentious accessible to our clients round and non-contentious matters. the clock. In 2017, the firm was licensed by the Securities and Up-To-Date Knowledge Exchange Commission to We are not oblivious of the advise on capital market constantly evolving world transactions and in 2018 and dynamics; as such we 2019, the firm was recognized consciously and constantly by IFLR as a leading law firm strive to advance ourselves in Capital Market, Finance, both professionally and in the Mergers & Acquisition and marketplace by undergoing Corporate Restructuring periodic trainings and practices. attending relevant workshops.
We are driven by integrity and a passion to ensure that savvy, proactive, and resultoriented lawyers are accessible to our clients round the clock. We have over the years built an enviable client base consisting of local and international clients across the public and private sectors and have advised on both contentious and noncontentious matters. This is primarily due to the worsening economic conditions in Nigeria, which will force businesses to consolidate for sustainability and growth. This is in addition to the COVID 19 pandemic and its indubitable negative effects on businesses.
held physically can now be held via platforms such as Zoom and Microsoft teams. Can you give us a practical example of how you have helped a client to add value to their business?
One of our clients required and sought legal advisory Furthermore, Fintech services with respect to (blockchain technologyobtaining a bitcoin and other forms of telecommunication licence as financial technology alike), an Internet Service Provider has been one of the raves in from the Nigerian recent times, as investments in Communication Commission. financial technology has been In addition to providing the on the rise. This practice area legal services, towards is one which should obtaining the said licence, we experience more growth in the leveraged on our network to few months and indeed the identify and engage the coming years with increased services of several first class demand for lawyers with In 2020, we were again telecommunications What are your core areas of expertise. recognized and recommended practice? professionals at a subsidised in the 30th edition of the fee. What is the main change you've IFLR1000 as “one of the go-to My core areas of practice are made in the firm that will benefit ADR, Banking & Finance, Are clients looking for stability firms for financial and clients? and strategic direction from their Capital Markets, Commercial corporate transactions in Litigation, Energy, M&A and We encourage our lawyers to law firms – where do you see the Nigeria” and in this regard, firm in three years' time? Real Estate. the firm received a “Tier 3” work virtually (to the extent ranking and “Other Notable” necessary) and in this regard, Yes, there is a growing What do you see as the main rankings for “Mergers & we have consciously taken tendency for clients to look to points that differentiate Acquisition” and “Project steps to develop and equip the their law firms for strategic Greychapel Legal from your Development: Infrastructure firm with the requisite competitors? direction as it relates to their Practice” Areas. technological tools to ensure business. In the next three efficient service delivery. Integrity years, we see an expansion in At the 2016 ESQ Nigerian The quality of our legal our practice areas as well as Legal Awards, I was Is technology changing the way service staff strength particularly at you interact with your clients, and recognised as one of the “40 Quick turnaround time the senior level, to be able to the services you can provide Leading Nigerian lawyers Specific sector knowledge of accommodate the everthem? Under 40” who have made each team member growing needs of our clients. Yes, definitely, technology is remarkable achievements in changing our interaction with We also aim to continue to the legal industry and who Which practices do you see provide bespoke quality legal our clients particularly growing in the next 12 months? will shape the future of the advisory services with the following the outbreak of the What are the drivers behind that? legal profession. objective of providing the covid-19 pandemic. Most much-needed competitive meetings that would have What are the ethics and principles Mergers and Acquisition – 42 | Esq Legal Practice
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Technology appears to be the next best thing after oil and with its disruptive effect on every sector, it is obvious that failure to adopt it in a sector is disastrous. What change has technology brought to the legal practice in Nigeria?
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echnology is indeed the heartbeat of this age. In Nigeria, the adoption of technology in the legal space is but little. Although, the trend is promising, we have seen some major growth in the legal tech space in Nigeria. We now have some indigenous electronic-law report systems which also have interesting features that boost the productivity of lawyers. Some judges use the recording systems to ensure that speed is achieved in the dispensation of justice.
law firm worth its salt and technology makes this much easier. Digital marketing enables firms to access a broad audience across geographical borders through the use of software that are programmed in email marketing. A live chat feature on the firm’s website can also help increase customer satisfaction and translate website visitors to clients.
I would also like to point out that there is a deep yearning that the Bench adopts technology in their dealings, this I believe will aid faster delivery of justice. The fact that judges record proceedings in long hand is outdated and only adds to the delay in adjudication. This is an area technology can really improve the judiciary.
change”. We also know that necessity is the mother of invention/innovation or change. The Covid-19 pandemic has a disruptive Do you think technology can effect on various industries, advance the administration of including the legal sector. We justice in Nigeria? noticed that at the peak of the pandemic, firms adopted the One of the major benefits of option of teleworking, Courts technology is its ability to ensure efficiency and speed in started virtual hearings, and processes. It is thus logical to there was a non-physical interaction between lawyers say, that technology can aid and their clients, which goes the administration of justice having witnessed its immense to prove that firms with the traditional practice models contributions to the society. The adoption of technological may find it challenging to cope with the rapid disruption innovations can aid the Technology has positively caused by the pandemic. administration of justice in affected the Nigerian Legal Nigeria from the activities of Space through the automation the police and other relevant Most top firms have of agreements, reviews and security outfits to the activities specialized practice areas, due diligence, to name a few. which create a sense of in Court and beyond. The number of research hours confidence in clients and has been drastically reduced I would also like to point out develops competence in due to the role of research that there is a deep yearning lawyers in those specialized applications in streamlining practice areas. Ordinarily, a that the Bench adopts legal research. Through the technology in their dealings, lawyer with an expertise in an use of Cloud Computing, area of law is more likely to be this I believe will aid faster document and files better than that of a general – delivery of justice. The fact management, legal billings, purpose lawyer who knows that judges record client communication and little about few areas of law. proceedings in long hand is calendar management is run outdated and only adds to the efficiently, and is both delay in adjudication. This is Is Nigeria losing out as a result of necessary for the bar and the the delays in the Administration of an area technology can really bench. Many at times, cases Justice? improve the judiciary. are delayed because the Justice is the bedrock of any record of proceedings is Will the traditional litigation society. As the saying goes uncoordinated or incomplete. practice models in Nigeria based “justice delayed, is Cloud computing can play a on the individual litigator, the tantamount to justice denied.” transformative role in solving “chambers” system and solo practice survive the evolving trend The effect of a delay in the these issues. caused by the Pandemic and the administration of justice growth of specialized practice? cannot be over emphasized as It is of utmost importance that it adversely affects the society. a law firm strives to always Heraclitus, a Greek The court is also known as the keep its clients happy. philosopher, stated that “there last hope of the common man, Customer satisfaction is is nothing permanent except and if the “last hope of the therefore a top priority for any www.esq-law.com
common man” fails to administer justice expeditiously, the common man will lose credence in the court. One of the effects of the foregoing is the prevalence of jungle justice in Nigeria. Procedures and the rules of Court in a digital world: Is Nigeria really ready? The 21st century is witnessing the tremendous use of the internet, making almost everything to be remotely done. The increasing use of the internet for web based transactions in the last two decades has seen positive change and transformation in businesses and governance all over the world. The availability of information technology infrastructure, that is, the major component required to operate and manage IT environment which includes, myriads of hardware and software is a major determinant in the digital world. This helps any society to be more efficient and productive and it is also a great force that drives the digital economy. Information Technology is fast becoming a vital tool in improving information delivery and exchange and it is indeed an important tool to improving the standard of lives, through access to justice. Restructuring the justice system has developed into a
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We are clamoring for the need to introduce an e-filing system into our judicial system for speedy and less cumbersome mode of filing. The judicial staff need to be fully equipped with the knowledge of these technologies in order to be able to effectively operate its programs. It is also important to point out that the technical transfer of knowledge to the staff will contribute tremendously to the expeditious delivery of the technology- related services. significant economic factor because it is of major importance in various areas of law, especially, commercial law transactions. Thus, the question, “how expeditious will matters be resolved in the case of conflict?” begs to be answered. In Nigeria, the adoption of technology in the judicial system is very slow. We are still trying to lay a solid foundation in the legal/judicial tech space. The relevant regulatory bodies need to address the issue of infrastructure, facilities, qualified personnel amongst other things to ensure that our judicial system is ready for another major leap in the tech space. Judicial corruption, incompetence and a waning public confidence in the Judiciary in Nigeria are growing by the day, what role can Technology play in scaling up access to Justice? Technology is a tool of change if wielded properly. Technology can play an important role in bridging the gap between the people and access to justice. Globally, many countries have embarked upon statutory reforms in order to accommodate the adoption of technological measures that promote the
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There is no doubt that the benefits derived from technology is one of the major keys to the liberation and survival of the judicial sector in Nigeria. As access to the internet increases, we should encourage more technological innovations that will educate people about their rights and the justice system. Again, professionals are able to rule of law and strengthen polish their skills and also democratic principles. learn about current global trends and best practices in all Technology is a veritable tool areas of law in order to be able that can assist any judiciary to to advise their clients carry out its functions competently. maximally by enhancing efficiency, increasing It is important we must first accessibility, and delivering subdue corruption and we quick dispensation of justice believe that technology can in a transparent and help if it is properly utilized as accountable manner. a transparency tool to help foster good governance while Taking cue from other also exposing corruption. For countries, for instance, in example, Technology has long Venezuela, there are in-house been used throughout the networks and web-based world for fraud protection; it applications that are can also be used to empower integrated into Court the public to act against governance through systems corruption by teaching them that support the tasks of what to look for and giving Judges. Other improvements them the means to report it. include the publication of Court decisions, a streamlined What has been the impact of administrative management technology and artificial system, and applications for intelligence on modern litigation? user information centers. Also Is Nigeria lagging? in Venezuela, ICT based pilot programs were introduced at Technology has impacted positively in the legal the lower Courts to test the implementation of the newly industry. It has double edged benefits; that is, to both the introduced Court lawyers and judges. management structure. In Mexico, ICT is being used by Technology has made research judicial officials to learn from easier compared to when the experiences of other states lawyers would have to spend hours upon hours combing by sharing information and through their library in order gauging the success of the to get a particular case. Now, applications being used in those states. The automation just by a push of a button, of Court systems and the use everything is laid bare. It saves time which is the most of technology opens the Courts to the public, thereby precious resource of a lawyer and improves efficiency. increasing access to justice.
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The Nigerian Bar Association in their wisdom, created an electronic mail for the legal practitioners in the country for the purpose of sending and receiving information, documents, amongst other things. The electronic mail is also recognized by the Courts in Nigeria as one of its modes of communication so much so that a registrar of Court can pass information via the electronic mail and the message would be deemed to be properly sent.
integrate technology into the judicial systems, we will stimulate the emergence and growth of Artificial Intelligence innovations in dispute resolution in the nearest future. Will tech and AI replace lawyers or enhance the litigator’s role?
Artificial Intelligence will not replace lawyers, at best it will complement the role of lawyers. I am well aware that one of the disadvantages of adopting Artificial Intelligence in our ecosystem is that it will lead to loss of jobs in various During the Pandemic, some industries as argued by many Courts adopted virtual hearing sessions to hear cases scholars. But, this is not via selected applications such entirely true, I believe it will only cause a shift in the as Zoom, Microsoft Teams, human capital development Google Meets etc. This opened the legal system to the program. numerous possibilities of technology in the dispensation Artificial intelligence, or AI, is an umbrella term representing of justice. a range of techniques that allow machines to mimic Furthermore, technology is ingrained in our laws such as human intelligence. the Evidence Act, which came in force in 2011, where it allows for the admissibility of electronically generated documents in evidence. Also, the Court of Appeal (Fast Track) Practice Direction 2014 made by the President of the Court, creates an atmosphere to deal with appeals quickly through an active case management system which accommodates electronic service and signatures. These reforms have contributed to the growth of the judicial sector, but there is still so much more that we are yet to tap into such as Artificial Intelligence, and so much that we are yet to achieve.
When humans think, they perceive the situation in their environment, process the input, make a decision based on them, and then act. Artificially intelligent devices are in the early stages of beginning to replicate these same behaviors. Machine learning is a subset of AI that refers to a machine’s ability to think without being externally programmed. Traditional devices are programmed with a set of rules for how to act, and then this takes the form of if-then-else statements. Thus, they cannot act outside what they are programmed to do. But machine learning enables devices to continuously think The adoption of technology in about how to act based on data intake. Nigeria is slow but we are confident that if Nigeria Based on functionality, there should keenly adopt and Esq Legal Practice | 45
Interview
are four various types of Artificial Intelligence; namely, reactive, limited memory, theory of mind and self- aware program.
2020, many public interest cases were struck out at the very infant stage of the proceedings via, most likely, Notice of Preliminary Objection. At the moment, away from the issue of locus standi, lawyers find it difficult to handle public interest litigation in some cases because it involves many persons, and there is a limitation placed by the rules of Court on matters that can be brought by class actions. Unless, such rule of Court is amended, public interest litigation may be faced with such procedural problems.
covid-19 protocol.
Technology innovations like ‘Google Meet’ which is for internal and external meetings with clients made it possible Reactive programs or for lawyers to navigate this new reality. Applications like machines cannot form memories or use past ‘GoToWebinar’ used for online seminars and webinars; experiences to influence Slack channel which can be decisions; they can only react opened for internal to currently existing communication amongst situations. lawyers in an office; ‘Skype’ Limited memory programs by Microsoft is a software that use memory to learn and allows users to make free improve its responses. video and voice one-to-one Theory of mind understands and group calls, send instant the need of other intelligent messages and share files with entities. other people on Skype also Self- aware program have More public interest litigation ensured that there was a human intelligence and selfwill be seen and appreciated if continuation in Court sessions awareness. more non-governmental during the pandemic. organizations (NGO’s) come The first two types of AI are into play. One of the Also, the electronic mail the only AI programs important variables in this currently available, the last introduced by the Nigerian regard is the gathering of data Bar Association allowed for two types of AI only exist in theory. It is clear that the first (complaints), especially in a faster communication between matter involving a large two types of AI do not have lawyers and the Court officials number of people. Here, the the capacity to replace where they were able to pass NGO can lead or support one vital information across states. litigators. Also, the Rules of Professional Conduct and the or more of the complainants in What roles does the technological Legal Practitioners’ Act do not bringing an action in Court and involve a public interest education of the judicial staff play recognize such programs/AI in the advancement of justice as a legal practitioner. In fact, legal practitioner of their delivery? choice to represent them. in Nigeria, they are not recognized as an entity under Several states in Nigeria saw the the law. The importance of need for remote court sitting due technological education in the to the pandemic. What technology Public interest is critical to the judiciary cannot be over innovation are in place in Nigeria survival of any society but is the to assist Nigerian Lawyers adapt emphasized. Firstly, it will lack of Courts and funding to this new reality in order to fast enlighten the judicial staff on sources driving lawyers away track the delivery of justice? from public interest litigation? the benefits embedded in What can be done to generate adopting technology in their interest? daily activities. The legal profession as a whole felt the positive impact Public interest litigation is Also, technological education of technology during the heat indeed important to the will make their work such as of the Covid-19 pandemic. growth of any society. Most case scheduling, filing of The adoption of video lawyers take cue from the processes, certifying conferencing applications, like Legal Lord, late Chief Gani documents amongst others Fawehinmini, SAN. One of the Zoom, Microsoft Teams, Cisco things less cumbersome. The WebEx, Google Meet and reasons why there is a problem of loss of documents more, allowed legal decrease in the amount of or case file will not be an Public Interest Litigation is the practitioners to represent their option because with various clients in Courts issue of locus standi. Before knowledge of technology, without contravening the 46 | Esq Legal Practice
documents can be easily stored using cloud platforms. We are clamoring for the need to introduce an e-filing system into our judicial system for speedy and less cumbersome mode of filing. The judicial staff need to be fully equipped with the knowledge of these technologies in order to be able to effectively operate its programs. It is also important to point out that the technical transfer of knowledge to the staff will contribute tremendously to the expeditious delivery of the technology- related services. Investing in the personnel is as important as the presence of the infrastructure itself. What are the roles of the Nigerian lawyers (and the Nigerian Bar Association as a whole) in pushing a technology oriented justice delivery system?
The Nigerian Bar Association is trying its best to educate the necessary organizations and bodies on the role technology can play in justice delivery system. The NBA organizes several webinars and seminars about the adoption of technology in the legal space. Also, the Nigerian Bar Association in its mandatory Continuing Legal Education program has introduced technology related matters in their curriculum to enlighten players in the judicial sector of the importance of the adoption of technology. There are several Nigerian Lawyers who are pushing the need for the adoption of technology related solutions to the snag facing the judicial sector. In light of the foregoing, I www.esq-law.com
believe that all persons involved including the NBA are trying their best, but we need more players in the judicial sector to encourage the adoption of technology before we will be able to see remarkable changes.
are not exposed to the right skillsets to meet the need of the changing times, and the situation is exacerbated by the state of the labor market as young legal practitioners have been transformed by the changes in the economic, social, political and Preparing for the future: Will the demographic environment of rise of written advocacy in dispute legal education. The resolution kill oral advocacy? implication of these phenomenal changes is that As at present, in Nigeria, there legal education must come to is little or no oral advocacy in Courts of record. Court of Record means a trial or appellate Court in which records of proceedings are kept and preserved for the purpose of an Appeal. In trial Courts, parties file “Final Written Address” which they will adopt as their oral argument. In appellate Courts, parties file “Brief of Argument” which they will also adopt as their oral argument. In both cases, the Court may grant the party who prays the Court for leave to adumbrate few minutes to make oral submissions in the matter. Thus, written advocacy has greatly subdued oral advocacy.
terms with these contemporary realities in order to equip aspiring lawyers and lawyers in general with the requisite lawyering skills to handle the demands of the millennial and cope with the future. The educational system in Nigeria is slow in the adoption of relevant training curriculum for students of law. There is need for a reawakening in the
educational sector. For instance, at the Nigerian Law school, there is no such course or subject that is centered on any of the emerging areas of law. We are still using the basic curriculum without recourse to the trends of the modern day. A lot of new wigs find it really difficult to adapt to the reality of things after call, this is largely because what they were taught in Law school and their various universities are not adequate enough to practice law in the 21st century. There is an urgent need for the body responsible for the Law school students to review the Nigerian Law School’s curriculum in order to effectively produce lawyers that can compete globally. It is expedient to enhance the technical skills of the next generation of lawyers in the areas of digital communication, enabling technologies and transformational technologies, with tutorials by real players in computer and data science.
Training the future lawyer: Are Nigerian stakeholders and the law school adopting the right approach to training and preparing new entrants into the legal profession for the digital age? Many law school graduates
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interview
THE URBAN LEGAL PRACTICE ESQ Team met with the founders of Pavestones, Seun TimiKoleolu (the Managing Partner) and Aderonke AlexAdedipe(Partner), and discussed the work of the law firm in providing excellent and innovative legal solutions to businesses in Nigeria 48 | Esq Legal Practice
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Pavestones is a full-service commercial law practice, providing legal services to local and international businesses across various sectors of the economy. As a firm, we have particular interest in foreign investment, finance and technology. As you know, human beings are a product of their own experiences. Pavestones is recognized as a modern law practice specializing in business and technology law. As founders of the firm, what was your motivation for deviating from the norm and focusing on this sort of practice?
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deronke Alex-Adedipe: Pavestones is a fullservice commercial law practice, providing legal services to local and international businesses across various sectors of the economy. As a firm, we have particular interest in foreign investment, finance and technology. As you know, human beings are a product of their own experiences. As lawyers who had previously worked in traditional law firms for a considerable length of time, Seun (My Partner) and I, recognized our passions, interests and lessons from our previous roles and how we may have wanted to do things differently. We wanted to be an improvement of our experiences. We both had this vision and it was amazing when we discovered the extent to which our 50 | Esq Legal Practice
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interests were aligned. With technology disrupting every sector of the economy, businesses using technology to deliver services, changing the way we live our lives, there was no doubt in our minds that this is the future and we embraced that notion without difficulty. Modern is a path we chose because to our minds, what really makes us different is the extremely simple process in which we offer information to our clients and the less rigid/archaic structure through which we deliver our services. This is a challenge that we recognize most clients have with lawyers. Therefore, we were strategically positioned to do things differently. Finally, a firm’s culture is just as important to employees as it is to its clients. It is almost commonplace for lawyers to work round the clock, with almost no room for personal activities. At Pavestones however, we are deliberate about creating a work-life balance for all by prioritizing quality over time and occasionally taking some time out to unwind as a team, when required.
decided to set up a law practice in 2019 which was called Pavestones Legal. Similarly, Aderonke who had been a partner at a law firm (and I was yet to meet) had set up a law practice known as the Urban Legal Practice. Very shortly after setting up our practices and at a point where we were both looking for suitable partners for our law practices, Aderonke and I were introduced to ourselves by a mutual friend. We both were of the view that there was a gap in the market, and today’s companies, businesses/startups require legal service providers to be more accessible (able to be an integral part of their team); commercially savvy (i.e. have a good understanding of the business); solution providers; cost efficient; and able to utilize technology to simplify service delivery. We were both eager to meet these needs and decided to merge both our practices (becoming Pavestones – The Urban Legal Practice) for this purpose.
Ephesians 2:20-21… Jesus Christ himself being the chief cornerstone). The words ‘Path’ and ‘Cornerstone’ were somewhat combined to form Pavestones.
inhouse lawyer, I can relate and I understand their pain points. I understand that clients do not reach out to lawyers simply to test their intelligence but rather to support them in achieving Pavestones aims to pave the their strategic objective. They way for modern legal services. therefore appreciate practical, simplified, guidance that deals You seem to have a growing niche with the issue or answers the in legal advisory services for question, and not foreign investments, how are you unnecessarily long, distinguishing yourself? elaborately worded documents. In helping them Seun Timi-Koleolu: solve a business issue, you In the course of our practice, show your intelligence. we found that foreign investors who are in the As an inhouse lawyer who market or looking to come used to reach out to law firms into the Nigerian market, for opinions, I would literally require more than just skim through documents sent professional legal advisers, by their lawyers for the they are looking for hand practical answer to my holders and by this I mean, question and be pretty put off lawyers who are easily when the document didn’t accessible, who would be quite answer my question. committed to guiding them through the process of setting up and operating or investing With this in mind, the team at in Nigeria. I have had a few of Pavestones have been trained to provide practical support to such clients say to me, “we have met with other law firms clients, directly dealing with the issues. but what we need is a law firm that can act almost like an We have also found that inhouse lawyer and respond accessibility is key to all our to our enquiries easily, we clients including the foreign have little knowledge of the ones. Accordingly, we ensure Nigerian environment.” we can be reached easily. In
It might interest you to know that the name Pavestones was inspired by two bible verses – Psalm 119:105 (your word is a… light to my path…and I guess because I was once an
What inspired the birth of Pavestones and how was it established?
We have also found that accessibility is key to all our clients including the foreign ones. Accordingly, we ensure we can be reached easily.
Seun Timi-Koleolu: After many years of working first in a law practice and subsequently as an inhouse lawyer, I
In fact, it appears that Whatsapp seems to be the preferred informal communication tool for a lot of our clients. By making ourselves easily accessible, this means that we are constantly responding to one question or the other, informally and formally but we are always happy to help.
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fact, it appears that Whatsapp seems to be the preferred informal communication tool for a lot of our clients. By making ourselves easily accessible, this means that we are constantly responding to one question or the other, informally and formally but we are always happy to help. We also distinguish ourselves with the passion with which we support our clients’ course. I remember one of our clients was heavily levied by a regulator for their permit, although our client could afford it, we considered it to be unjust. We successfully got the regulator to reduce their fees by 90% and we celebrated like it was our own business that got the cost savings. As young female founders, your firm has only been established for 2 years, one general question on the minds of many is how you have managed to make remarkable progress within this short period? Aderonke Alex-Adedipe: What can I say? I read recently that if you are an honest person, you have to work twice as hard to be successful. This is true. We didn’t start business thinking it will be a walk in the park. But the values that I believe have kept us going are, firstly, patienceWe made a lot of sacrifices at
inception, putting our personal interests aside and the firm’s first. We were more interested in growth than anything else. Secondly, consistency- we have been very consistent with many of our objectives and whilst it sometimes appears we have not caught up with the timelines we set for ourselves, we keep achieving.
disseminated, useful legal information to guide businesses is still not freely available online. To solve this issue, we created our Doing Business Simplified Series, which is our weekly newsletter created to freely and in a simplified manner, share useful legal and regulatory advice with businesses, to guide their operations in Nigeria. Our newsletters reach over 3000 Finally, human wants are endless. And this just reminds people weekly and this is me of the first year we without considering the commenced business. We set number of people who read certain targets for ourselves these newsletters through the and they seemed unachievable various platforms they are but we moved, regardless. At posted on. the end of the year, it seemed like a joke that we not only Secondly, as Data is the new met but surpassed them. oil, our role as a Data Subsequently, we set the bar Protection Compliance higher and the story Organisation (DPCO) is a key continues… differentiator. You see, most businesses in today’s world As a Law Firm operating in the are collecting and utilizing Technology and Information Age, personal data in various what would you say you are doing ways in the course of their differently? business. A law firm that desires to provide well Seun Timi-Koleolu: rounded support to We are doing various things businesses must now differently to position have a good ourselves as the choice law firm for businesses in today’s understanding of how to ensure the operations of world but to answer your question, I would emphasise such companies are conducted in two things. compliance with data protection laws. Firstly, we both recognized A firm that is not that in today’s age where experienced with data information is freely
But the values that I believe have kept us going are, firstly, patience- We made a lot of sacrifices at inception, putting our personal interests aside and the firm’s first. We were more interested in growth than anything else. Secondly, consistencywe have been very consistent with many of our objectives and whilst it sometimes appears we have not caught up with the timelines we set for ourselves, we keep achieving. 52 | Esq Legal Practice
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Firstly, we both recognized that in today’s age where information is freely disseminated, useful legal information to guide businesses is still not freely available online. protection matters may provide excellent legal support but struggle to avert their minds to the data risks involved in the transaction and leave room for potential issues in that regard. As one of the few DPCOs licensed by the National Information Technology Development Agency (NITDA) to conduct Data Protection Audits and trainings in Nigeria, we are able to support our clients in ensuring that their businesses are conducted in compliance with the Nigeria Data Protection Regulation amongst other regulations.
based on gender prejudice. Don’t get me wrong, we have experienced some level of prejudice. For instance, I have had discussions with men at networking events where it seems like we need to work extra hard to be taken seriously as female professionals and I have also encountered timewasters with ulterior motives. We have learnt to recognize timewasters early and put them in their place. It is important I also note the tremendous support Pavestones has received from male clients. We have been given good work opportunities by these men to prove our legal skills and I am glad to say we have not disappointed them. They have then gone on to refer us to other businesses. For this we are grateful.
What’s interesting is that we are finding it harder to get quality business from women. As young female founders, do you It is almost as if women think you have been prejudiced in struggle to trust other women anyway? with major deals. I would say we women must constantly Seun Timi-Koleolu - We both are check our thought process to very aware of the value we ensure we are not bring to transactions, unknowingly prejudicing businesses and to the legal female led businesses which profession in general. With are not traditionally female this in mind we approach owned businesses such as opportunities not seeing fashion. ourselves as female lawyers but rather solution providers. The onus of fighting gender We carry ourselves as such bias is on both men and and are never intimidated by women. We need to make a our male counterparts. Let’s conscious effort to avoid just say we do not accept or prejudicing female led permit anyone to limit us
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We recognize the struggles of law students and young lawyers who have to do a lot to make ends meet in this part of the world. Specifically, we have recently introduced an annual scholarship for qualifying students who intend to proceed to the Nigerian law school. The aim is to ease the burden of paying the required tuition, which many find to be rather steep. Our mission is to continue to impact more lives positively as the firm grows. businesses and ensure that when opportunities arise to engage professional advisers or other businesses, we select them on merit; and where the female led business is best qualified for the job, that business is given the job. What is the dream for pavestones in the next 10 years? Aderonke Alex-Adedipe: The world they say “is a global village”. Cross-border transactions have become the order of the day and lawyers play a major role in consummating them. In a few years, we want to be able to say to a client, “Paul in Nairobi, will be on top of that”. In a globalized world, where you have counterparties transacting across different jurisdictions, clients who have built trust and confidence in their counsel expect them to have knowledge of the legal system in other jurisdictions without having to engage other counsel. Our mission is to develop a firm that is globally positioned to meet multijurisdictional needs. This is certainly something we want to have achieved in ten (10) years.
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Seun Timi-Koleolu : The vision for Pavestones from the onset has been to establish a law firm with global reach. You’ll notice that our logo comprises of a multicolored ball and an arrow which points round the ball. You see, the ball on the logo and the arrow signifies us having foot prints worldwide. We currently do not see ourselves as a local law firm and do not position ourselves as such. We recognize that with technology and a network of lawyers, law firms no longer have to limit their services to a particular jurisdiction. In 10 years, as Aderonke has said, we expect to have actualized this vision to a good extent. What would you consider your greatest achievements since Pavestones was founded? Aderonke Alex-Adedipe: From inception, asides building a formidable firm and setting ourselves apart, one of the things that we committed to do was to be able to give back to the community. At the time, we were not certain how we were going to achieve this but we felt strongly about it. One of our greatest achievements has been our ability to impact lives positively, notwithstanding our age as a firm. We are
What advice do you have for young female lawyers trying to find their feet in the legal profession, especially in Nigeria?
Aderonke Alex-Adedipe: Well… Rome was not built in a day. At the risk of sounding cliché, it takes dedication, confident that every single hard work and patience to employee who has ever set succeed in any profession. I their feet on our office also think the advantage of grounds have been impacted being a lawyer is that through knowledge and opportunities available to you values. are endless; whether you are male or female and whether Similarly, we are pleased that you decide to engage in active we are also able to give back legal practice or otherwise. It to the community. We really is about setting goals for recognize the struggles of law yourself and aiming to achieve students and young lawyers those goals. And guess what? who have to do a lot to make Sometimes you are hell bent ends meet in this part of the on achieving something that world. Specifically, we have just may not work for you. recently introduced an annual There is nothing wrong with scholarship for qualifying re-strategizing or making a students who intend to detour. If it doesn’t work, try proceed to the Nigerian law your hands on something else. school. The aim is to ease the burden of paying the required Seun Timi-Koleolu: tuition, which many find to be Have a clear vision for your rather steep. Our mission is to career and begin to connect continue to impact more lives the dots as early as possible. Be willing and humble positively as the firm grows. enough to spend the time required at a law firm or a What immediate or future challenges do you foresee in the company to learn and build legal profession? your skills. Believe in yourself and the unique qualities you Aderonke Alex-Adedipe: bring to the legal profession. Hmmm… challenges. Just like Take positive criticisms well every business, disruption in and learn from it. Recognize the legal profession is destructive criticisms that are imminent. A time will come tailored towards affecting when people will no longer your self-esteem and don’t engage lawyers the way they accept those. Learn from currently do. A time will also people who have gone ahead come, when lawyers will no of you but don’t lose yourself longer deliver services the trying to dance to their tunes. way they currently do. Every Be your own unique self; and firm will be affected and only if you are like me, draw those with foresight will strength and a positive image survive it. from God.
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Law Firm
LAW FIRM
CLIENT MANAGEMENT DURING THE PANDEMIC Written by Chizoba Osuji
Since the first quarter of the year 2020, the world has switched significantly to entirely new ways of living and doing things as the COVID-19 pandemic erupted and affected practically all lives and businesses. The Coronavirus disease was first discovered in Wuhan, China, and reported to the World Health Organization (WHO) on 31 December 2019. On 30 January 2020, the Director-General of the WHO declared the COVID-19 outbreak to constitute a public health emergency of international concern, and thereupon issued a set of temporary recommendations.
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ue to the rapid spread and the novel nature of the disease, the WHO declared the COVID-19 outbreak a global pandemic, the first of such designation since the influenza pandemic in 2009 (codenamed H1N1). To contain the spread of the disease, many countries began shutting down their borders and economies. International travels were restricted and worst still banned in some cases (for a specific duration). The world was on a total lockdown with movements restricted to workers and volunteers who were offering essential duty. At some point, churches, schools, and businesses were shut down completely and the economy was put on a hold. The COVID-19 is still in existence notwithstanding that certain lockdown restrictions have been lifted and the world economy is gradually 56 | Esq Legal Practice
opening. However, the pandemic has brought about a whole new way of doing things, particularly in the work sector. Face masks, social distancing, hand washing, and the use of hand sanitizers have become the order of the day and the most important norm of our daily lives. This set of precautions has become a model for survival. During the pandemic, a lot of workers lost their jobs due to the inability of their employers or firms to cope with financial responsibilities in the face of a suspended market. Some other firms took the option of downsizing, and so had to cut off certain roles and positions that seemed insignificant.
the legal sector was not left. In fact, it could be argued that the legal sector was the worst hit. Court sessions and the justice system were put on hold, businesses were not happening so social contracts and agreements were not being drafted. Lawyers and law firms only hoped that the pandemic does not eventually wipe out the entire practice.
online meetings, classes, and even conferences. There became little or no need for persons to have physical contact before they can get certain things done. The Federal High Court and other Courts introduced and adopted e-filing and e-hearing of time-bound or urgent matters where necessary. Client meetings continued In Nigeria, most law firms are and some law firms were kept accustomed to the old model of law practice which involves afloat while some others paperwork and physical contact for almost every legal were left strugglin work they need to execute. g or Unfortunately, but most refreshingly, the pandemic introduced and forced a new way of legal practice which saw most law firms struggling to remain relevant.
Law Practice and the COVID-19 Pandemic The pandemic revealed As the COVID-19 pandemic affected every part of the world including businesses,
the importance of digitalization and technology. We saw the emergence of www.esq-law.com
During the pandemic, a lot of workers lost their jobs due to the inability of their employers or firms to cope with financial responsibilities in the face of a suspended market. Some other firms took the option of downsizing, and so had to cut off certain roles and positions that seemed insignificant. even died off eventually.
small-scale or upcoming firms as they are still yet to build a client base. Such firms now believe that the competition in the legal market has become very stiff as they are left to struggle for clients and maintain a healthy business profile in the light of the present global health crisis.
business organization that lacks the technology component may not survive However, business the global crisis as we have in development and growth recent times. Digitalization became the greatest has become the order of the challenge to lawyers day and entities without during the pandemic – technology will remain trying to grow an backward while others take existing client base, over the future. Law firms are developing new clients, encouraged to actively invest and building reputation Tips and ideas on law firm in technology especially as became an urgent and most client management in response this will make work easier and to the pandemic. important aspect of a law less tasking. firm. This challenge provided The following may be a catalyst for most law firms Actually, technology is no considered valuable tips in to rethink their approaches more considered an option for managing a law firm's client the survival or operation of a during the COVID-19 lockdown. The pandemic may base in response to the successful business. It has COVID-19 pandemic. These not have been fair to some become a necessity. Most may be applied to either business organizations are maintain an already existing venturing into, and massively client base or increase a firm's adopting, digital methods of clientele. These tips include executing legal works. That but are not limited to: being said, a law firm that is still into archaic and Investment in digital traditional practice stands technology little or no chance of keeping The COVID-19 up with the fast-developing pandemic is an eyebusiness trend. Such firms opener to the stand the risk of either importance of struggling to survive or technology in becoming extinct in the long every business run. entity. Any
developing and adapting to the current trend. It is likely that in the nearest future, paperwork and documentation may be dispensed with, while a large number of employees will be replaced with Artificial Intelligence.
Letting go of mass marketing Mass marketing is considered the traditional and usual approach adopted by most lawyers and law firms in client marketing. This they do by operating or having a onesize-fits-all marketing approach. Adverts and feedbacks are sent out to the public to attract anyone and everyone irrespective of their focus and interests. The longterm effect is that when these clients find a more attractive and better advertising firm they tend to migrate and move on.
Law firms are encouraged to let go of this traditional practice and engage in solidifying one-on-one relationships with existing clients. They can create a model where the lawyers get Several digital applications directly involved by reaching can assist a law firm as well as lawyers in their out to spend time on the daily legal practices, phone with these clients, showing empathy, and and these demonstrate how spending few minutes each week with these clients. This the legal new approach would help to industry is solidify a firm while fast projecting its purpose and growth as clients will always feel the need to seek the legal assistance of the firm when needed due to a preestablished relationship of trust. The logic is that people
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tend to remember who are closer in time of need than the more distant ones. Also, to boost an already existing clientele, the law firm is advised to have a target market and work towards it. Create a model that solves the peculiar needs of a particular client or a particular category of clients. This exhibits efficiency and creates trust between the client and the law firm. This also creates room for referrals by satisfied clients who hitherto had experienced proper and adequate attention in the execution of legal works.
Actually, technology is no more considered an option for the survival or operation of a successful business. It has become a necessity. Most business organizations are venturing into, and massively adopting, digital methods of executing legal works. organizations and law firms to adopt the remote working approach, a strong online presence and communication are encouraged. Almost all activities are carried out online therefore, it is not absurd to establish a strong and convincing online presence bearing in mind that you are not the only one offering similar services. While doing so, it is pertinent to distinguish yourself from others who are into similar business with you.
Strong online presence Considering that the pandemic has caused most 58 | Esq Legal Practice
Law firms are encouraged to participate in active and
significant blogging, update on recent happenings and news, provide or proffer legal solutions or answers to persons who require them when necessary. Law firms may engage in creating online resource centres, GAQs, guides, checklists, and daily updates for clients and prospects in a given aspect or area of law. Hosting online roundtable discussions is also a wonderful way to grab and hold the attention of your clients and key players in the industry.
More importantly, almost all law firms and organizations are putting out more content therefore it is not surprising to find the market saturated. The competition for client time and attention is fierce, therefore, to stay afloat and remain relevant, your communications and correspondences have to stand out or they will get lost in all the saturated space. Value must never be compromised while creating content. Meanwhile, ensure that your feeds are getting to the right target audience or market.
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Create a model that solves the peculiar needs of a particular client or a particular category of clients. This exhibits efficiency and creates trust between the client and the law firm. This also creates room for referrals by satisfied clients who hitherto had experienced proper and adequate attention in the execution of legal works. business by offering good ideas. These marketers can also help solidify the firm's client's connection Things are changing so quickly during this pandemic that if you are not the “first to market” with your piece of content or product and services, you will probably be edged out of the competition. Therefore, law firms are encouraged to react fast and get it out fast.
collaborate with the bigger ones to execute legal jobs while still sustaining and developing their legal practice. On the other hand, bigger firms can utilize the research and administrative services of the smaller firms in a give-and-take kind relationship where everyone is satisfied with the outcome. This ensures sustainability and growth in the legal industry.
Professional and valuable staff During the pandemic, so many businesses took part in downsizing to remain afloat, save cost and maintain profit. This means that staff and employees who were considered less valuable were relieved of their jobs. They may not have been replaced by a better staff but their roles Collaboration between offices and duties may be reassigned and practice groups to another staff whom they There is a saying which goes considered too invaluable to that no human person is an let go. More still, insignificant Island. Lawyers and law firms jobs can easily be replaced are encouraged to open up to with technology-assisted by collaborations with law offices Artificial Intelligence. that are considered efficient and viable in the legal Law firms are advised to industry. Learning is an maintain relevant professional everyday process and smallstaff. This could mean that if scale firms can always learn you have a competent something new regarding paralegal who can carry out better ways to manage clients research and draft with little from already progressive big or no struggles then there may law firms. They can also lean be no need to employ a on big law firms as support separate research staff or offices. By way of support, lawyer for that purpose. This these bigger firms can help in helps to minimize cost while providing technical help, for maximizing profits and example, where the smaller results. firms do not have the necessary technological However, when the firm's equipment or finances to clientele and services begin to purchase one, they can always increase, the firm is advised to This aspect of practice may be new to certain law firms but innovative and willing firms are likely to succeed in the future. Law firms are encouraged to be willing to try out new techniques and take small risks as there is no business without risks.
Effective marketing The need for marketing can never be overemphasized. Marketers within law firms can be a huge asset and are probably underutilised. A law firm that employs the services of a marketer tends to do better while increasing clientele. Marketers can be utilized even by initiating them into having direct contact with clients. They tend to understand clients better, and with adequate knowledge of the firm's products and services marketers can provide or offer plausible solutions to the challenges that the clients face. Not only will these marketers have good ideas on product offers to clients, but they can also be involved in building the www.esq-law.com
employ more hands or incorporate better technology to effectively manage their cases as they come.
Conclusion Change is the only constant in life. What may be regarded as the traditional practice may differ in the future. A law firm or organization should always be flexible and remain open to new developments and ideas. There should be the readiness to jump on the moving train as things may never remain the same. New ideas and developments are sometimes refreshing and the pandemic has helped introduce (and indirectly impose) a new framework for doing legal work. Even though this model has left many law firms struggling, it has equally created a leeway for certain changes to be made and refreshing approaches adopted. This encourages efficiency, productivity, and profit maximization. Nonetheless, despite the negative impact of COVID-19 it has also brought to light some positive developments that compel organizations to provide novel solutions to societal and organizational problems. Indeed, COVID-19 has redefined innovation in the world today, including the world of legal practice.
CHIZOBA OSUJI is an Abuja-based legal practitioner. Chizoba is one of the virtual interns of Esq Legal Practice Magazine. Esq Legal Practice | 59
Law Firm
The Basics of
Planning & Marketing Law Firm Events Any good law practice is built on relationships. Organising an event is an excellent way to improve current client relations while also forging new links with potential referrals. Events provide opportunities to connect on a deeper level, which is critical for building the confidence necessary for business growth.
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ace-to-face engagement remains a valuable tool for developing partnerships and better understanding client needs. According to a joint survey conducted by Bloomberg Law and the Legal Marketing Association in 2018, 45 percent of attorneys ranked firm-hosted activities second only to client meetings as the most successful tactic for business growth. About 27% of respondents said they'd like to see their firm's legal
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marketing staff do more event necessitate a substantial preparation and execution. marketing budget and detailed planning, not all of them must be large-scale Among other things, they will events to have a meaningful assist lawyers in generating impact. Lawyers can host a new leads, generating variety of events, both offline favorable attention, and and online, without having to positioning themselves as spend a lot of money. thought leaders. Events geared toward education The term "event planning" can Educational activities enable conjure up images of law firms to interact with the cavernous auditoriums local community while also packed with rows of people demonstrating their seated in front of a stage. Although certain activities do professional expertise.
Although seminars can take many forms, including classes and workshops, they are particularly common in the legal industry. A briefing on changes to state and federal legislation that could impact their client base, for example, may be hosted by an immigration attorney. Littman Krooks LLP is a New York law firm that has a history of organizing active group workshops and webinars on hot topics in their practice areas, such as long-
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increasing the likelihood of a large attendance by If your law firm is just getting strategically partnering with a started with event marketing, charity or professional organization that has it will take a lot of experience hosting different promotional work to get people to come. Joining forces types of events. with other groups will help Initiatives in the community you fill more seats at events Lawyers should not have to by allowing you to tap into host activities that are their pool of potential “Most importantly, these activities are popular because attendees. An IP security law specifically connected to their work. Hikes or gatherings our lawyers are well-known in firm, for example, might decide to co-host a talk with a geared toward a common their fields and have public local venture capital firm. goal, such as a beach cleanup speaking experience,” Brill or blood drive, are examples added. “We also have a lot of Partnering with local of enjoyable, social activities success with our workshops nonprofits will help you reach that law firms may coordinate. Potential clients will get a and webinars because we Participating in the local sector sense of what a law firm is like select subjects that people are a wider audience while also not only allows law firms to by listening to lawyers talk at interested in and answer their strengthening your connections to the community. promote their goal of giving seminars. Keep in mind that questions.” Law firms may reduce risk such activities should not be back, but it also helps to raise and share costs while brand awareness. A law firm used as sales pitches. Instead, Marketing activities held in term care, special needs planning, and elder law. Littman Krooks Marketing Manager Maria Mirto Brill said, "The seminars provide us with increased exposure as well as an opportunity to connect with our group." “Webinars enable us to connect with those who are only able to attend through the internet. Our mission is to provide people with the knowledge they need to make informed decisions about their future.”
concentrate on giving attendees something of worth. When you first start out with educational activities, it can take a few sessions to bring people in the door. Your seminars will begin to fill up as your law firm gains reputation.
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may form long-term partnerships with charitable causes or organizations that its lawyers and staff support or are personally influenced by, and then participate in activities related to those causes or organizations. Online gatherings For law firms looking to save expenses and avoid the logistical problems of offline activities, online events such as webinars may be a good choice. They allow lawyers to reach a wider audience without being restricted to a single geographic area, which is advantageous for larger, multi-location firms. Webinars are basically online or on-demand seminars delivered via web-based conferencing tools. Livestream video, which has quickly gained popularity among marketers and is used across numerous social media sites such as Instagram, Periscope, and YouTube, is another increasingly common medium for online events. With over 2 billion users, Facebook Live is the most popular livestreaming site today. Lawyers will host a variety of webinars and livestreams, including Q&A sessions on a particular subject, presentations, case law updates, and more. Online events allow you to interact with your target audience in real time. Lawyers can create authority as a trusted resource for prospective clients by sharing their expertise with
viewers in an engaging manner. However, law firms should be cautious in providing detailed legal advice online and should keep their broadcast material general.
event, whether it's to raise the profile of a particular practice area, thank clients for their business, or interact with the local community. In exchange for their time and energy, participants should receive something of value from the One of the main reasons for event. To improve the the rise in popularity of online experience, consider events is that they do not providing content, networking necessitate the use of opportunities, or exposure to expensive video editing high-profile speakers. software or technological expertise. To promote The next step is to choose a attendance, simply settle on date and time, as well as a start and end times and share place. “Our mission is to reach the broadcast information the right people at the right with your viewers in the days time with the right material. leading up to the event. With that target in mind, we want to make sure we not Law firms will save video files only choose the best day and and make them available to time, but also have great anyone who couldn't make it content to share,” said Kyan to the live case. After a live Mama, Littman Krooks' broadcast, Facebook Live marketing coordinator. streams can be re-played, “When it comes to logistics, giving you the chance to catch we want to make sure the the attention of many more conference is easy for people people. Repurposing video to attend, but we we need to content into blog posts or understand our lawyers' ebooks can also help lawyers availability as well as the prolong the life of their video event space's suitability.” content, turning their case into a content marketing gold Workshops and networking mine. activities, for example, would necessitate more Although livestreaming can be organizational requirements used as an event in and of and greater budgets. If food or itself, it can also be used to drink is an important part of promote other activities. To the case, attorneys may work meet a larger audience, with local restaurants or consider livestreaming your caterers to create a mutually law firm's seminar or meeting. beneficial agreement in which the businesses receive a free The procedure for preparation marketing opportunity in exchange for their services. Law firms should recognize their target audience and If many of your guests are concentrate on the desired meeting your firm for the first result when conducting an time, provide them with a
“Most importantly, these activities are popular because our lawyers are well-known in their fields and have public speaking experience,” Brill added. “We also have a lot of success with our workshops and webinars because we select subjects that people are interested in and answer their questions.” 64 | Esq Legal Practice 62
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useful resource — such as an ebook, guide, or video — that contains additional details on the topics discussed at your case. In return for their email address, they can access the materials on your law firm's website. What about Publicity?
and create excitement among potential attendees, law firms may employ a variety of marketing strategies. To publicize their case, lawyers can contact local media and put ads in local newspapers. If you're collaborating with another group, ask them to publicize the event to their audience.
To publicize their activities
One of the main reasons for the rise in popularity of online events is that they do not necessitate the use of expensive video editing software or technological expertise. To promote attendance, simply settle on start and end times and share the broadcast information with your viewers in the days leading up to the event.
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Email marketing is a common way to spread the word about an upcoming case. Not only can email blasts be used to send out updates to guests in the run up to the gathering, but they can also be used to send thank you notes afterward. Unfortunately, due to overflowing inboxes and spam filters, not all emails are eventually opened, so instead of relying solely on email to market your case, you can diversify your communication channels. Because of its vast user base and ease of sharing, social media is an important event marketing tool. It's an
excellent way to remain in front of the target audience. Make an announcement about the event and provide daily updates on your company's social media pages, such as Facebook, Twitter, and LinkedIn.
Law firms may also use their event calendar or blog to advertise activities on their own website. The blog can be a flexible place to share relevant content leading up to the event, as well as photographs, video clips, and recaps of the event's progress afterward. This is beneficial for search engine optimization
as well as keeping the audience engaged.
Events produce a significant amount of material that can be mined for marketing Set up online registration on purposes. Seminars, for your firm's website or on a example, may include slides, third-party platform. People while webinars may include may sign up for an event, such video clips. All of these can be as a seminar or class, quickly repurposed and posted on a and easily using online law firm's website as well as on social media. registration. It can also help you estimate the number of After the case, make sure to people who will participate and plan accordingly. What happens after the event? It's critical to optimize the strategic benefit of an occurrence if your law firm is investing time, resources, and marketing dollars into it.
follow up with participants. Their input will help you assess the event's progress and identify areas for improvement for the future. Additionally, happy guests' testimonials and references will inspire others to attend future events. In reality, if your event is a success, you might want to consider expanding it into a quarterly
or monthly series. Event marketing, when done correctly, can be an effective way for law firms to create new client leads and expand their practice.
It's critical to optimize the strategic benefit of an occurrence if your law firm is investing time, resources, and marketing dollars into it. Events produce a significant amount of material that can be mined for marketing purposes. Seminars, for example, may include slides, while webinars may include video clips. All of these can be repurposed and posted on a law firm's website as well as on social media.
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Energy
THE FUTURE OF ENERGY IN NIGERIA Compiled by Akinrefe Olufemi
This article will look at the types of energy that have been used over time all around the world, bearing in mind that there have been changes over time and this change has been driven by advances in technology, energy, resource discoveries, energy prices, social pressures, and many other factors. Similarly, the amount of energy used has increased steadily over time in different countries around the world. Hence, this article will be taking a deep and futuristic look at the future of energy in Nigeria.
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o start with, Nigeria is already undergoing an energy transition even though we don't realize it. The strategy is different from the one other countries are going through, or any of the countries I will typically talk about. We are going through an unusual Transition. What does this 66 | Esq Legal Practice
mean? The world is shifting attention away from petroleum. Regrettably, the GDP of Nigeria is wholly dependent on one product and one sector, which is petroleum. This is rather strange, due to this, the government is already struggling with its budget. This will lead me to consider
some of these other nations that depended on petroleum like Nigeria, for example, Dubai, built on the back of an oil and real-estate boom, Dubai is now recognized as the globalized financial capital of the United Arab Emirates (UAE); a hub for trade, tourism and banking. Reaching for the sky, the citystate is teeming with glittering
infrastructure. It has become synonymous with colossal projects including man-made islands and the world's largest natural flower garden, tallest Ferris wheel and most luxurious hotel. Today less than 1% of Dubai's GDP is from oil – at one time it was over half. By 2050 Dubai aims to get almost half of its energy from renewable sources. They www.esq-law.com
petroleum we had, we should have been able to build lasting infrastructure, but petroleum is facing out in the international scene due to the push for a transition into had petroleum just like again. Unfortunately, Nigeria The question there for all of us renewable energy. Nigeria, but all they did was has not created something else to ask is, what will 2040 look simple, they used petroleum with its petroleum. This is a like for Nigeria? The answer Renewable energy is useful to open up all other aspects of form of unfortunate can be either way depending energy that is collected from their economy and now they transitioning. on how well the government renewable resources, which don't even depend on petrol is ready to act. With all the are naturally replenished on a
The world is shifting attention away from petroleum. Regrettably, the GDP of Nigeria is wholly dependent on one product and one sector, which is petroleum. This is rather strange, due to this, the government is already struggling with its budget.
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we need to also strengthen the grid, we need to increase the transmission capacity of the grid, this is how we can enhance energy access and reach more people. The government can also create a robust environment for individuals to sell essential degrees. human timescale, including carbon-neutral sources like sunlight, wind, rain, tides, waves, and geothermal heat.(Wikipedia) The renewable energy transition is the ongoing energy transition that is replacing fossil fuels with renewable energy. This transition can impact many aspects of life including the environment, society, the economy and governance. The energy transition is a pathway toward the transformation of the global energy sector from fossil-based to zero-carbon by the second half of this century. At its heart is the need to reduce energy-related CO2 emissions to limit climate change. Decarbonisation of the energy sector requires urgent action on a global scale, and while a global energy transition is underway, further action is needed to reduce carbon emissions and mitigate the effects of climate change. Renewable energy and energy efficiency measures can potentially achieve 90% of the required carbon reductions.
the natural gas bus stop but we must first be indispensable. We should develop a form of competitive advantage. the fact that everybody else is talking about energy transition doesn't necessarily mean our definition should be the same. With the way, the Western world is talking about moving to renewable, clean energy renewables in particular. We might need to hold on and take advantage of gas.
What is energy transition in relation to the utilization of energy? It is the shift towards the continuous reduction in the use of fossil fuels. However, gas is also a fossil fuel, because it is a hydrocarbon, but it's cleaner, and it's in a gaseous form and increases the use of noncarbon energy sources. This is clean energy and aligns with the mission to generate the world's energy through noncarbon means. At a time like this, Nigeria should be taking advantage of what the Western world did not take advantage of. Although Furthermore, countries from gradually, we should around the world are already introduce an increase in implementing plans to phase renewables but it shouldn't be out fossil fuel and Transition a sudden change. If the into renewable energy. For Western world could develop example, A ban on fossilwith coal, we could develop fuelled cars is now on the EU with hydrocarbons. We agenda, following an informal should be able to take debate by environment advantage of gas similar to ministers that showed what Canada is doing with significant support for the gas. For example, Qatar has idea. The debate followed a moved out of OPEC and is proposal by Denmark that EU primarily now looking at members should be free to taking advantage of gas. ban sales of oil-fuelled cars from 2030 or else have an EU- Furthermore, Nigeria is wide strategy to phase out endowed with solar energy such fossil-run cars. with average solar radiation of 3.5. With what we see a day at However, I wish that Nigeria a coastal latitude of seven join the immediate transition kilowatts per hour a day at the into renewables, old parsing farmers nearly as remain if 68 | Esq Legal Practice
Abu Nygaard remains a viable location for solar electricity generation if direct technology is deployed as a majority of solar-powered installations in remote areas. Unfortunately, that's because of the
abundance of solar power resources, the availability of solar PV solutions needs to be fully utilized. Initially the cost of Capex was high, I mean, that's gradually gone down with China giving us the option to buy from various sources. Having established that when it comes to energy transition Nigeria has the best resources, but beyond the resources, we need to look at the commercial
The renewable energy transition is the ongoing energy transition that is replacing fossil fuels with renewable energy. This transition can impact many aspects of life including the environment, society, the economy and governance. structure which is still a big problem in Nigeria today. There are 14 solar IPP, that the government approved in 2016 and did not come on stream up to now. that in itself is a problem. Even though the
connected or not connected to the grid at all in Nigeria. Remember, power is required to energize the nation's industrial process. But even as of today several areas are not even connected to the grid at all, which makes the consideration of renewable energy options, which are cost-effective for general purposes, such as industrialization and national development. Hence, the flower may not bode well for the country's national development, compared to other countries that have moved along pretty well when it comes to industrialization and infrastructure. This shows reasons why we may not immediately particularly if we are touting industrialization consider any energy transition, but maybe more slowly than others? Let's start with the rural areas where we're not talking about factories, industrialization and all that, focusing on natural gas from a clean emissions perspective may be considered which is more beneficial to retired focus from the heavy dependence on crude oil to gas back energy sources, because like we have observed, gas is more efficient. That means you can derive drive for energy transition more energy from the same globally is justifiable. There quantity and it's cleaner, for are strong reasons why energy example, through the transition must be a gradual government's policy on LPG process and not a rush. To penetration, most people stop understand this point of view using firewood and now use better, we might need to start LPG cooking gas for their by observing areas that are energy needs for cooking. not connected to the grid Hence, a gradual approach before we begin to talk will work fine for a country about complete energy like Nigeria. transition, statistically nearly 40% and Considering the fact that, somewhere between we've made significant strides 20% and 40%, in improving the regulation of depending on natural gas exploration and whose research exploitation in Nigeria. These you read, is measures include the issuance
of the Nigerian gas transportation network, which was launched on August 10, 2020, as a set of rules which allows for easy access, it also proffers solution to some of those challenges we had with gas transportation under transportation agreements were in some cases, one of which was Section 18 of the oil and gas pipelines act, you might need to go meet the minister to intervene when you have issues with respect to access to gas pipelines. The gas transitional network regime had eliminated such, There are equal access rights and similar uniform rules across the value chain for you to be able to transport gas, the federal government also has the aspiration for gas expansion program, and the Nigerian gas flare commercialization program. In a nutshell, we should make use of gas while we transition into renewable. Since gas infrastructure is very potent, gas will still be a major mix of our energy. We need to develop proper infrastructure to make gas available in order for us to catch up even with the use of capacity. We already have about 1000 megawatts but we should be able to do more. Secondly, we need to also strengthen the grid, we need to increase the transmission capacity of the grid, this is how we can enhance energy access and reach more people. The government can also create a robust environment for individuals to sell essential degrees.
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ESSENTIAL FOR SKILLS THE NEXT-GEN LAWYERS “As a young lawyer, you owe it to yourself to become a better lawyer – to constantly improve collaboration with other your skills, whether it's your writing, your research, taking a deposition, or arguing a services for building better models than in the past. motion.” – Frank Ramos
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t appears that lawyers are supposed to be learned and well informed about changes and innovations in life. In fact, lawyers are to be ahead of society in bringing the unlearned up to rising challenges and proffering solutions to emerging problems. Even though Lawyers are aware of the emerging technological innovations, especially legal techs, it seems the solution is far from them. Or so it appears. Technology looks good but seems like a threat to many lawyer's livelihoods. Could this assertion be true? The Legal Executive Institute has predicted that “by 2030 we will see significant lawyer's work being done by machines. As exponential growth of technology consumes the world, the legal industry is especially appetizing. As a result, legal services will be fundamentally different than today in terms of both job function and the 70 | Esq Legal Practice
way legal services are provided.” Other things being equal, research by McKinsey & Co. shows that those organizations that have performed a digital transformation are “23-times more likely to acquire customers, 6% more likely to retain customers, and 19-times more likely to be profitable.” What does this mean to a young lawyer? Michael Cohen might just have a perfect response to this question, he intoned “Lawyers must become aware of digital transformation and either adapt to it or be marginalized.” By this, lawyers might have just been declared endangered species has their place is beginning to be taken by legal techs. However, notwithstanding, lawyers can still find succour and safety in these three practices, which are;
In addition to some of the revelation I have made in this article, Key findings from the survey on the future of the To Upskill simply means to acquire more and new skills, It legal profession by BML is, therefore, necessary that in Munjal University (BMU) School of Law and Vahura on dealing with technologies in 'Decoding the Next-Gen Legal the new normal legal Professional' revealed the practitioners must acquire following: skills that computers and robotics may not have. Ÿ Over 90 percent of all Beyond this, lawyers need to respondents, who are invest in legal technology; practising lawyers foresee Investing in legal technology an increasing use of is the next big thing. Many digitization and tech non-law firms are now innovations over the next 10 investing in legal technology years that will be the most to do what lawyers would disruptive change to sweep have done for them. Lawyers the sector. with the right skill and the right tool will outshine Ÿ 2. 42 percent respondents competitors that are nonindicated that over 20% of lawyers. So invest in legal their day to day legal work technologies. Finally, on this could be taken over by note, lawyers need to be technology such as AI in the innovative in their approach next 3 to 5 years. to the practice. They should identify different models to Ÿ 3. 81 percent of respondents deliver legal services. cite the ability to understand Combining modern legal and anticipate client needs skills with legal technology is would be the most soughtnot enough if the lawyer after skill among lawyers in cannot innovate and create the next 3-5 years followed better ways of doing things. It by tech proficiency. might even require Upskill, invest, and innovate.
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The Legal Executive Institute has predicted that “by 2030 we will see significant lawyer's work being done by machines. As exponential growth of technology consumes the world, the legal industry is especially appetizing. As a result, legal services will be fundamentally different than today in terms of both job function and the way legal services are provided.” Ÿ 4. 71 percent of respondents highlighted commercial awareness as one of the essential skills in the next 3 to 5 years. Taking a cue from this survey, I will recommend that young lawyers should as a matter of urgency acquire the following skills:
Commercial Awareness As beautiful and intelligent as AIs and Robots can be, there are certain things they can't do. They cannot proffer quick solutions to issues as www.esq-law.com
they arise. Hence a commercially aware lawyer will be able to explore this loophole to his advantage. Because at the end of the day lawyer - client's relationship will be defined by the problems a lawyer can solve for his client beyond technology. Hence, having a good understanding of the client's business, understanding and keeping up with commercial trends, and having a grasp of the impacts of the economy on the client's business will be of great benefit. Esq Legal Practice | 71
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Effective communication skill is central to the legal profession. However, the new normal has introduced better ways of communicating with clients, that is, technology e.g zoom meeting, skype, etc. Thus, you need to leverage technology for proper communication with clients. Communicate with the public by writing on social media, how-to-blogs, magazines, websites, and journals. Diversity and Inclusion In a world where racism, gender inequality, and religious differences are affecting interactions between professionals. Lawyers must be ready to work in this world without being found wanting bias, nepotism, and the likes. This is a recognition of different kinds of persons, tolerance, and equality in society. In some countries, Clients now request for the firm's diversity and inclusion report before doing business with them, for example, Cocacola just mandated that all law firms working with them must diversify 30% of their employees of which blacks must be included.
Management and Entrepreneurship The Next Gen lawyer must be well equipped with managerial skills. The following management skills are necessary: Ÿ People Management: Ÿ this is a set of practices that encompass the end-to-end processes of talent acquisition, talent optimization, and talent retention while providing continued support for the business and guidance for the employees of an organization.
– not harder – so that you get more done in less time, even when time is tight and pressures are high. Ÿ Business Management: Ÿ this is the management and the coordination and organization of business activities. Management is in charge of planning, organizing, directing, and controlling the business's resources so they can meet the objectives of the policy. Ÿ Client Management: Ÿ Client management is a method of managing the relationship between a company and its customer base.
therefore; Project management skills will make the Next Gen Lawyers relevant.
Interpersonal skills Is Coding necessary?
Building relationships is very important for lawyers. To thrive in this new normal, you Tech-savvy must learn to connect with colleagues and most You must develop the ability importantly other to know and use technologies professionals. Moreso, to solve day-to-day problems, interpersonal skill is learn how to leverage important in relating with technologies to improve clients and during service delivery. Thus, the negotiations. Next Gen Lawyers should be ready to take lessons, read Interestingly, networking is books and practice the use of made easy by technological technical tools from time to inventions in the area of time. communication. With a simple phone call or email, you can Communication connect with anyone in any Effective communication skill part of the world and form strong business ties. is central to the legal
profession. However, the new normal has introduced better ways of communicating with Ÿ Time Management: clients, that is, technology e.g Ÿ it is the process of zoom meeting, skype, etc. organizing and planning Thus, you need to leverage how to divide your time technology for proper between specific activities. communication with clients. Good time management Communicate with the public enables you to work smarter by writing on social media, 72 | Esq Legal Practice
how-to-blogs, magazines, websites, and journals.
Many have raised the importance of coding to be a tech-savvy lawyer. However, this is unfounded as it is not compulsory. It is an advantage for lawyers to learn coding but if you don't, you are safe. “If you're a lawyer then you probably don't need to learn how to code. But that doesn't mean you shouldn't. You may be surprised to learn that developers and lawyers actually have quite a lot of skills in common.” Annie Gilchirst. Learning to use technology and learning new skills as they arise are those things necessary for the Next Gen Lawyers.
Project Management Project management is the process of applying matter management techniques to better serve clients. Many large firms now employ project managers to help quantify legal services and properly charge clients,
Finally, the hallmark of a successful lawyer is the ability to keep learning and adapting to the ever-changing mode of practice. Being a speech delivered by Lere Fashola at Digital Lawyers' Network's Webinar on Friday 29th January, 2021. www.esq-law.com
TECH LAW INSTITUTE
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Interview
THE
EVOLVING GAMING MARKET IN NIGERIA 74 | Esq Legal Practice
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ESQ Team had a conversation with Mr Yahaya Maikori, the Managing Partner of Law Allianz and discussed the development of the Nigerian Gaming market and other emerging legal issues related to the industry. Join us as we take a sip from Mr Maikori’s ocean of knowledge. How would you describe your practice?
What would you say the major shift to virtuals and esports changes in the last five years have began.The pandemic however looked like in gaming? created the impetus for a shift from a predominantly retail I think the primary change based to online at an which is a positive one is that estimated 30% increase - I of perception; from been a think we are now in a space suspect industry the general where for the first time public and even governments companies can consider online are beginning to embrace the gaming as a singular strategy. industry for the economic Finally I believe that the growth it can foster .I can now industry acquired a new with confidence say that demography of punters who gambling has become part and joined either out of boredom parcel of popular culture and or the need to explore we will witness exponential alternative sources of income growth over the next few in the face of lost livelihood. years .
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their cyber security as a key compliance and success strategy they are also duty bound by NITDA to implement data protection initiatives ;in terms of protection and enforcement 2015 cybercrime Act gives respite to operators .
What pressures are gaming companies under when it comes to cyber security?
It’s been a challenging year for many start-ups – gaming must be no different, particularly with the cancellation of annual The biggest challenge for most conventions. But has Nigeria gaming companies has to do Gaming Industry experienced any positives during the pandemic? money laundering and terrorism , the reporting Yes several live industry threshold and compliance events were cancelled last year burden imposed on them politically,morally and legally but that did not affect the events sub sector in any way is very high because of the in short we witnessed the perception that gaming companies are vehicles for the incursion of several new perpetuation of all manner of players who leveraged on illegal activities.This burden is technology tools like zoom,Microsoft teams to host obvious when you see the digital events which helped extra compliance reach a wider audience.In requirements expected by terms of growth the market SCHUML and the new directive directing companies shrank drastically because of to ensure their staff undertake the lockdown and the cancellation of live games but AML refresher courses it started to recover once the annually.
aw Allianz is a boutique firm focused on media ,entertainment and technology ; our services are reinforced by our entrepreneurial experiences in gaming sports ,music, film,technology,intellectual property, broadcasting ;these experiences mean that we are not only able to advise our clients legally but we are able assist them uniquely map out their entrepreneurial journey especially in the digital space.
The pressure gaming companies face is not any different in comparison with that of other businesses who store or deal with data involving customers etc in electronic format .In Nigeria where identity theft ,phishing ,cyber squatting ,interception of electronic communications etc also known as yahoo yahoo has become a common vocation gaming operators servers and sites have become targets of these criminal activities because of the share volume of customer data they process daily.While operators have no choice but to treat www.esq-law.com www.esq-law.com
What security challenges are specific to the gaming sector?
When it comes to gaming development in particular, what tips do you have for budding entrepreneurs in this field? I think this is the untapped and the most profitable part of the business that african entrepreneurs have failed to explore. So if you look at the industry’s value chain it is 60% dominated by software developers, equipment suppliers and service providers with operators constituting barely 15% in an industry valued at about $4Billion in revenues annually in Nigeria. Imagine how much is been repatriated in foreign exchange and how many foreign jobs we are
The pressure gaming companies face is not any different in comparison with that of other businesses who store or deal with data involving customers etc in electronic format. In Nigeria where identity theft ,phishing ,cyber squatting ,interception of electronic communications etc also known as yahoo yahoo has become a common vocation gaming operators servers and sites have become targets of these criminal activities because of the share volume of customer data they process daily. Esq Legal Practice | 75
subsidizing as a nation because non of this softwares or games is locally developed ? The commercial models favour software and game providers ,my advise is that operators need to begin to invest in game development and supports service by establishing hubs which will harness and train the abundant talent available here. We are currently advising a company that is setting up a game development facility in Nigeria , they were surprised at the available talent ,for them it is an added advantage that labor here is cheap and this could potentially save operators a lot of forex. What developments do you see forming in the gaming industry in future that players should get excited for?
In terms of growth the market shrank drastically because of the lockdown and the cancellation of live games but it started to recover once the shift to virtuals and esports began.The pandemic however created the impetus for a shift from a predominantly retail based to online at an estimated 30% increase I think we are now in a space where for the first time companies can consider online gaming as a singular strategy. 76 | Esq Legal Practice
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I think one singular So if you look at the industry’s value chain it is 60% dominated by development is the ongoing software developers, equipment suppliers and service providers convergence between the with operators constituting barely 15% in an industry valued at industry,sports, media and about $4Billion in revenues annually in Nigeria.Imagine how much other related industries like is been repatriated in foreign exchange and how many foreign jobs payment and how user we are subsidizing as a nation because non of this softwares or experience will change with games is locally developed ? The commercial models favour softthe availability of 5g and the widespread adoption of ware and game providers ,my advise is that operators need to virtual reality and esports. The begin to invest in game development and supports service by truth is that the offerings are establishing hubs which will harness and train the abundant talent innumerable and they shall available here. cater to diverse tastes and all these will feed into popular Awolowo University Ile Ife to issues and corporate politics profession is under the culture. start studying law from year 2 and how to prepare a danger of extinction because ; after 10 years or so of not company for sale ,another of automation ,AI You’ve had quite a career, working wanting to practice law I was transaction that readily comes at two top finance and investment forced to fall back on it when to mind was when we What do you think are the top companies and then you started three things most clients want and my business forays failed. advised a bank in perhaps the your own firm. Can you tell me a why? first and largest of such bit about your path from law Anyway while consulting for transactions involving the school to now? From my experience clients an investment bank they 100% use of IP as collateral .In want a firm that has industry the gaming sector they are Truth is that I never wanted to appointed my firm to help knowledge, understands their countless having been be a lawyer but my dad being license one of the first needs and can proactively companies to be licensed involved at different stages a lawyer himself was provide effective and speedy relentless in his quest to have under the 2004 Pension Act – and in different capacities in solutions at a reasonably me his first son follow in First Alliance Pension limited the evolution of the industry priced fee . in Africa ,it is however worth his foot steps.In my final which was later acquired by ARM pensions. Fortunately mentioning that I have year in University of What do you think lawyers for me after the acquisition, worked with some of the Jos where I was generally could be better at? studying english he the foreign partners decided largest European brands,advised regulators was able to get me to investment part of their I think lawyers could do better income in setting up a casino across Africa, worked across for the profession and the transferred to business and that is how I multiple jurisdictions and Obafemi economy if they saw them found my self in this exciting delivered hundreds of papers selves as business men area of the law which has also and participated in hundreds business facilitators rather led me down the path of of panels. than importing the entrepreneurship in adversarial culture of the What are the biggest challenges entertainment media sports courtroom into commercial facing firms of your size? and gaming. transactions. There are several.One is getting stuck in niche areas of the law and been unable or I thinking licensing and acting lacking the capacity or as legal adviser for First expertise in other emerging Alliance Pension was really an other areas of law especially eye opener for me because I now where technology has learnt from bottom up how to and continues wipe out entire structure a company and flip industries .Boutique firms like it,deal with compliance, ours constantly face such risks handle corporate governance more so now where the legal Can you share some of your notable cases?
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HOW DO
LAW FIRMS USE LINKEDIN CONTENT TO REACH POTENTIAL CLIENTS?
LinkedIn is a noisy environment. LinkedIn is similar to every other social media site in that there are a lot of people competing for your attention. Although it will seem difficult to stand out in this setting, it is not impossible.
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ccording to digital marketers, LinkedIn generates 80% of social media leads. It's a fantastic way for lawyers to develop their brand, share their ideas, and establish themselves as thought leaders, attracting new clients. However, this is not a simple mission. Law firms will boost their LinkedIn content and, as a result, their lead generation activities by focusing on personal branding, writing for an audience, and not boasting about professional accomplishments.
professional who can assist them with their legal problems. Sharing your legal knowledge entices people to learn more about your profession or firm.
HOW DO YOU CREATE CONTENT THAT PEOPLE WANT TO READ?
mind. The following tips on writing persuasive content that hits their intended content are useful for law firms seeking to increase their LinkedIn engagement:
Pay attention LinkedIn, like other social media platforms, allows for immediate feedback. You will immediately see if your content has been "liked." You're on the right track if your posts are receiving engagement. If that isn't the case, go back to the drawing board. Keep an eye on the number of likes and feedback on your blogs.
What you write and how you write are both important. To To assist them with their legal keep people's attention, use problems, potential clients short, concise sentences, short want an attorney who has paragraphs, and bullet points, demonstrated expertise and and choose interesting topics. TAKING THE FIRST STEPS experience. Law firms should create conversational, Practice makes better, just like Make a living as storytellers succinct, and appropriate everything else. Your People are moved by content to help prospective commitment will increase as emotions. People like to talk clients see this. Remove the long as your company adheres about concepts and theories legal jargon and produce to the points mentioned rather than be lectured. above. Readers react to stories that LinkedIn is an excellent place content that is clear, concise, and easy to understand. Keep make a case. to post legal material that shows to others that you are a your message and brand in 78 | Esq Legal Practice
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using to generate leads with compelling data storytelling When looking for law firms to employ in today's dynamic marketing environment, prospective clients look for legitimacy and credibility. Law firms are constantly using infographics to help demystify and clarify complicated legal principles in order to draw prospective clients and market their services in order to generate leads.
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f course, infographics aren't new to the world of online content. Data visualization became popular about a decade ago, and searches for infographics grew by 800 percent between 2010 and 2012. However, as people's ability to learn and understand the legal problems in which they are involved grows, their utility to attorneys has increased significantly.
WHY DO YOU WANT TO MAKE surveys, case studies, and DATA-DRIVEN INFOGRAPHIC client questions you've STORIES? accumulated over time.
You are adding relevance and context to your readers when your infographics are grounded in convincing data storytelling. Potential clients are looking for valuable content and tools to help them understand their problem and decide whether a firm is trustworthy and efficient while investigating law firms. With infographics, you can provide useful information Infographics will assist you in while also demonstrating your authority. improving your overall law firm content marketing plan. WHERE CAN I FIND DATA? You'll need to do more than just mix statistics with some Data is all around us, but text and attractive graphics. To entice and engage readers, finding credible sources can be difficult. The following are a well-crafted infographic focuses on telling a convincing two possible sources to think story rooted in hard data. You about: can customize your message Internal Data: to fit with your marketing Internal data is, without a campaign goals while also doubt, the most valuable building brand recognition and confidence with potential resource you have. This is data that you already have clients using infographics. and that has a high level of relevancy and perspective. Utilize all of the data, reports, 80 | Esq Legal Practice
External Data: Data is more available than ever before, thanks to the internet at your fingertips. You're likely to find some useful data from government departments, consulting firms, and business publications. Ask yourself the following questions to see whether an external source is trustworthy: 1.
2. 3. 4.
5.
Who is the publication's author, and what are their credentials? Is the website linked to a reputable organization? What is the date of this publication? What is the intent of the publication's hosting website? Are these resources useful?
WHAT DO YOU DO FIRST? Before you start creating your infographic, think about the big picture and ask yourself the following questions:
What am I aiming for? You should always know what your target is before creating any piece of content, whether it's an infographic or not. Are you looking for new ways to generate leads? How do you establish your authority and thought leadership? Do you want to increase your online visibility and brand awareness? The type of infographic you produce will be influenced by your target.
What is the plot of my story? This is the most critical aspect of your infographic to remember. Is your story's meaning clear? Are you attempting to persuade the reader to draw a certain conclusion? Are you putting together a helpful resource and guide? These are the kinds of questions you should be asking yourself while you're writing your story.
What is the size of the data I have? It's easy to get carried away with data and try to cram as many charts and graphs as possible into your presentation. However, keep in mind that data is only intended to provide credibility to your message. Be deliberate about the data you use when conducting
“Create a logical flow for the reader to follow. It's crucial to arrange the content in a logical and succinct manner. Establish a structured hierarchy for your content by beginning with any relevant background details to provide context for the content.” your study. Do these figures HOW TO USE DATA TO TELL A support your point of view? Can this information provide GREAT STORY the reader with more informaThe main story is the star of tion? the show when it comes to Who is my intended audience? making a convincing and powerful infographic. All The style and type of other elements of the infographic you select is infographic — maps, copy, determined by your target audience. Who are you trying design elements, and so on — must be able to help the story to reach out to, and do you and lead the reader through it. think they'll be interested? What is their level of compre- Here are a few pointers to remember: hension and knowledge? What are their ages, and how To entice the reader, use do you think they'll respond imaginative titles and to the infographic? subtitles. You'll need to hook people, much like a wellWhat platforms can I use to share my infographic? written essay or a catchy You'll save a lot of time and newspaper headline. When effort if you know where your you're thinking of clever and infographic will live from the imaginative names, it's start. Is this going to be posted important that the titling is on a blog? Are you involved straightforward and precise. If on social media? Is it possible you go too far, the reader can to publish on a trade site? If become confused, so make you've decided where you'll sure the title is important to distribute your infographic, the topic and plot. make sure it's tailored for each Give your data some backchannel. ground. Only putting details
and figures on a graph isn't enough for good storytelling. You'll need to think about who you're writing about. Who is it that is looking at your infographic? How wellinformed are they? What can you do to improve the data visualization's impact? How do you write copy for a series of infographics that draws links between all of the information?
ated one. Finish with a solid and wellthought-out conclusion. Finally, you must have a conclusion that provides some kind of solution or advice to the problems raised in the first paragraph. A solid conclusion guides your reader to the desired outcome while also allowing them to shape their own opinions.
THE THREE DIFFERENT TYPES OF INFOGRAPHICS
You've chosen your subject, done your homework, gathered the necessary data, Create a logical flow for the reader to follow. It's crucial to and written fantastic copy. arrange the content in a logical Now is the time to choose the type of infographic you'll and succinct manner. create. The type of graphic Establish a structured hierarchy for your content by that best fits your story and goals will be determined by beginning with any relevant background details to provide your narrative and data. In general, infographics are context for the content. This divided into three types, each allows the reader to pass through the story quickly and with its own set of goals and characteristics: intuitively. Make a note of any key points. Make a note of the key takeaways. Your infographics should have an informative tone rather than an opinion-
Information Architecture: This type of infographic is primarily concerned with efficiently and effectively presenting data and facts. When it comes to articulating legal procedures or instructional material, information design comes in handy. Flowcharts, timelines, organizational diagrams, and visualization are all common examples of information design. Since the aim is to convey a message or definition that is both explicit and uni versal, this is ideal for data on specialized practice areas.
Editorial Design: Editorial design infographics have their origins in major publicawww.esq-law.com
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tions. To make the most of the limited space in newspapers, this type of infographic was previously limited to simple lines, bars, and pie charts. Editorial design has developed in the age of social media to provide graphics alongside text. The best use of editorial design is to present thought leadership backed up by hard data.
“Interactive infographics are a great way to tell a story in an engaging way. This format is ideal for situations in which the viewer must handle vast volumes of data.” such as trade shows, data visualizations are often used.
SELECTING THE MOST APPROPRIATE DATA FORMAT
Infographics that are standard: You tell a story using Data Visualization: data, copy, and visuals in this Data visualization format. Infographics are a infographics, as the name simple and effective way to implies, use images to express concepts and raise represent complex numbersbrand awareness. They're best heavy data. Data is often for social and content presented in this format in the marketing because they're form of simple charts and easy to share and repurpose as graphs. In contrast to micro-content to help promote information design, data visualization does not require more. unnecessarily detailed copy. Rather, the graphics must do Animated Infographics: all of the talking and hold the If you want to make your audience's attention. Not only infographics stand out, consider animating them. must the data be visually appealing, but your audience You'll get all of the advantages and features of a standard must be able to comprehend infographic, with an added the story at a glance. In situations where the viewer's splash of color. attention span is restricted,
Interactive Infographics: Interactive infographics are a great way to tell a story in an engaging way. This format is ideal for situations in which the viewer must handle vast volumes of data. You should present the data in an exploratory manner, allowing the user to browse the data and come up with their own interpretations. You may also make a narrative interactive in which the spectator is guided through the plot. The audience will spend more time with the content and be more actively involved if it is interactive.
voice-over. Infographics don't have to be limited to only graphics, text, and pie charts. Videos are very common, especially on social media. Videos have the advantage of allowing you to use actors to build an emotional bond between your content and your audience. Music, voice-overs, text, music, and data visualizations can all be used to illustrate ingenuity, similar to motion graphics.
Your company most likely has a wealth of knowledge and expertise that will benefit your Motion Graphics: online community and Use this format if your story is potential customers. Putting a little abstract or needs more some of this knowledge in an context. You can use motion easy-to-understand, visual graphics to convey a succinct format will give your story or message in a short marketing efforts a creative period of time by combining boost. text, animation, music, and
DATA ANALYSIS: THE NEW DISRUPTION OF THE LEGAL INDUSTRY Transformative technology is causing massive change in the legal industry, as it is in many others. Data analysis is one technology that is quickly gaining popularity. Many businesses are quickly adopting data analysis as a method of making more reliable calculations and gaining useful insight into the true nature of human-driven processes.
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n comparison to other sectors, the legal sector has been reluctant to embrace data analysis, as has been the case for many technical developments. This is partially due to the fact that lawyers are risk averse.
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However, the essence of legal data also plays a role. Consider the natural sciences: the most easily interpreted and modeled data is extremely quantitative in nature. Science, in its broadest
sense, is data analysis, and it has existed for hundreds of years. However, in today's world, data analysis typically refers to the application of these techniques to more qualitative
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THE ROLE OF
CYBERSECURITY IN THE LEGAL INDUSTRY Cyberattacks are threats to many law firms. While the costs of preventing and preparing for a cyberattacks are large, law firms are beginning to recognize the value of cybersecurity to their clients and their firm's credibility. A law firm's chance of a cyberattack
WHAT MAKES A LAW FIRM VULNERABLE TO A CYBERATTACK?
examples. The malware will prevent access to the law firm's network or parts of it, as well as copy data from the hard drive. Ransomware prevents users from accessing the company's system or data, and the hacker demands that the company pay an online fee in order to obtain the decryption key.
Malware is a form of malicious software that infiltrates computer systems. When a user clicks on a malicious connection or attachment, malicious Phishing is when a hacker software is installed. Spyware, poses as a legitimate business ransomware, and viruses are or organization in order to
data, especially that of social and economic systems, for commercial or governmental purposes. The study of baseball statistics known as "sabermetrics," which helped the Oakland Athletics win 20 games in a row in 2002 and was the subject of the film Moneyball, is one example. While any human activity can be analyzed qualitatively, sports statistics are mostly quantitative and therefore low-hanging fruit. Legal data analysis takes it a step further.
ing every relevant case for each client; however, case data is now captured online, making it more available. A talented lawyer who enjoys statistical modeling could create a rudimentary algorithm for applying the data; today, professional data scientists are creating such algorithms for commercial enterprises on a daily basis.
steal personal information or login credentials.
WHY IS CYBERSECURITY ESSENTIAL FOR LAW FIRMS?
Man-in-the-Middle: The scammer intercepts and relays communications between two parties who think they are communicating with each other in an MITM (man-inthe-middle) attack, also known as an eavesdropping attack.
Clients entrust law firms with confidential information such as trade secrets, financial reports, and medical records. If a lawyer violates that confidence, the client can fire the firm or sue for legal malpractice if the violation causes the client harm.
While instincts and hunches are valuable, they are often subjective and flawed. They often depend on relatively small data sets. Any solicitor, regardless of background, has a body of direct expertise that is dwarfed by the universe of legal data available. How do lawyers and law firms continue to take advantage of this data and data scientists' cutting-edge work?
importantly, analytics will provide you with information about your adversary's legal team. What kind of experience do they have with situations like this? How many cases do they currently have open?
Another advantage of data processing is that it attracts clients. Firms may use it to compare their experience to that of their rivals, as well as The Advantages of Data their success in specific courts Analysis or in front of specific judges, To begin with, law firms may and the bandwidth available Attorneys also depend on the use legal data analysis to win to new clients. Firms will also amount of their own experiLegal data analysis, like the lawsuits and obtain favorable help advise clients of what to ences, as well as the experihard sciences, has been results for their clients. Robust expect from their lawsuit, possible for as long as law has ences of other attorneys in analytics may reveal trends in from the length of time it may their firm, to determine the been studied. It is simply take to the amount of money how courts, or even judges, probable outcome of a case or have ruled in cases similar to they can expect to receive in a more realistic as a result of modern technology. A lawyer the best approach to follow. your clients in the past. It can settlement or verdict. Call it anecdotal proof, could spend hours poring also provide more detailed intuition, or a hunch, to be over books of court docuinformation about the Data analysis can also be used ments, painstakingly quantify- more charitable. duration of an event. Most by larger companies to better
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Technology
The cybersecurity activities of a law firm are not regulated by federal law, but federal law which control the firm's clients, such as hospitals or banks. Clients may expect the law firm to have policies in place to avoid, mitigate, and respond to a cyberattack. On a state level, boards oversee the conduct of lawyers and formulate ethics codes, which can result in an attorney being reprimanded, suspended, or disbarred if they violate them. State ethics boards issue opinions that provide rules for attorneys, such as what steps lawyers can take to protect a client's data.
are used as templates by state The National Institute of boards. Standards and Technology (NIST) establishes SURVEYS ON LAW FIRMS AND cybersecurity standards and CYBERSECURITY guidance for the federal government. Since the NIST American Lawyers Media guidelines are voluntary, most (ALM), an intelligence media law firms should be able to company, conducted annual avoid a malpractice claim surveys on the state of from a customer whose data cybersecurity in the legal has been compromised if they industry. The 2017 survey follow them. For certain showed improvement in businesses, higher standards cybersecurity in most areas at may be needed. law firms:
Ÿ 90 percent of law firms had formal security assessments in 2017, as compared to 77 percent in 2016. Ÿ 89 percent of law firms had data breach plans in place in 2017, as compared to 66 percent in 2016. Ethics opinions are also provided by the American Bar Ÿ 70 percent of law firms had forensic expert partnerships Association (ABA). In May in 2017, as compared to 77 2017, the American Bar percent in 2016. Association (ABA) released Formal Opinion 477R, which Ÿ 48 percent of law firms had drills of their cybersecurity instructs lawyers on how to systems in 2017, as determine the level of compared to 46 percent in protection required to protect 2016. client information. According to the opinion, a lawyer might be expected to take extra care A third of law firms said they were not confident in their when a client arrangement, cybersecurity preparation. the rule, or the nature of the information necessitates a For law firms, there are higher level of protection. cybersecurity requirements. While ABA formal opinions are not legally binding, they
chief information security officers to determine the firm's weaknesses and prepare for a cyberattack. A small law firm's IT service provider can do a risk assessment, or the firm can use a larger service provider like Microsoft or Clio. A positive partnership with law enforcement officials should be developed by the law firm. The firm will stage a simulated attack in collaboration with the FBI. Cybersecurity insurance SEVEN STEPS ARE REQUIRED should be purchased by the BY THE STANDARDS: company.
1. Locate the company's confidential data storage device. 2. Separate classified information. 3. Control who has access to classified information. 4. Encrypt all of your files. 5. Keep track on who has access to classified information. 6. Cybersecurity principles should be taught to both attorneys and legal professionals. 7. Conduct cybersecurity tests on a regular basis.
PREPARATION FOR A CYBERATTACK BY A LAW FIRM Large law firms may employ
Before a breach happens, the law firm should have a cyberattack response plan in place. Contact information for technical consultants, suppliers, and clients should be included in the plan. The proposal should provide a strategy for communicating information to the firm's lawyers and legal staff. Since sending an email may cause further damage, the company requires a procedure in place to notify affected workers by phone or text. To protect its integrity, the law firm must handle the cyberattack. The firm should have a crisis team in place, which includes the firm's spokesman, crisis relations
understand their own activities. As companies move away from the conventional billable-hour model, resource allocation and cost controls are becoming increasingly relevant. Decision-makers can function rapidly and efficiently by recording, modeling, and evaluating operational data.
DATA ANALYSIS:
THE NEW DISRUPTION OF THE LEGAL INDUSTRY
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major players and the services patterns in how judges rule on they provide. different forms of motions, the length of related cases, and Lex Machina by Lexis Nexis is other firms' experience and a legal data analysis powercaseload. house. Firms may use the platform to marketing In Nigeria, Law Pavilion's themselves by quantifying Primsol is leading the legal their experience in a variety of analytics tools. Primsol boast ways, including expertise in of legal analytics of Nigerian cases similar to a client's, judicial precedents with case background with opposing by case analysis and compariPRODUCTS FOR LEGAL DATA counsel, and success in front son. Primsol is an all-in-one ANALYSIS of particular judges. Informa- legal management software tion on opposing lawyers and for your law practice, Like technology, the market judges may also help win providing all resources you for legal data analysis cases. Litigants may use Lex need to increase efficiency and products is rapidly expandMachina to learn about scale your legal research. With ing. Here are a few of the www.esq-law.com
consultant, legal counsel, and IT protection lead. The company should keep an eye on social media and respond to any concerns or criticism. The company should have a media plan in place to spread positive news about itself.
should assess its response's strengths and weaknesses. To avoid a repeat attack and strengthen the response, the company should seek input from outside security experts.
knowledge, advice, and strategies.
security. A data breach or cyberattack can result in a legal malpractice claim, but THE SIGNIFICANCE OF some companies have also CYBERSECURITY IN A LAW been sued because their FIRM security procedures permitted a cyberattack to occur. The Any clients demand that a law failure of a law firm to protect The ABA Cybersecurity firm fill out a lengthy data Handbook: A Resource for client information will tarnish protection questionnaire. The its credibility and lead to the Attorneys, Law Firms, and The law firm should Business Professionals, Second client could send a due loss of current and prospective determine what happened clients. and why after the cyber threat Edition provides law firms of diligence team to inspect the firm's technology and all sizes with practical has passed. The company
access to over 4,000 court forms and agreements, you no longer need to manually print out the document and manually enter the necessary data, you can just edit and customize on the go.
or small data sets in half. Its numerous tools, such as key custodians, topic clustering, and timelines, enable teams to analyze and visualize data from various perspectives.
rate, and average case length, as well as success in front of a particular judge.
Another legal analytics product could also assist clients in avoiding litigation altogether. Intraspexion Law firms must understand claims to be able to help With its need to scan potenthat legal data analysis tially large quantities of data benefits not only attorneys but businesses and their in-house lawyers identify possible for specific information, ealso clients. Your future litigation threats. The product discovery is an ideal candidate customers will now more will warn leaders to nascent for data analysis. Proofpoint is easily equate you to your competitors. Premonition is an concerns so that they can be one product that takes advantage of the opportunity. online tool that assists litigants resolved early and avoid litigation by scouring email It aims to cut the time it takes in selecting an attorney. It includes important statistics and other records for to complete a detailed and including win rate, hourly keywords signaling legal defensible discovery of large
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issues such as claims of discrimination or noncompliance, and cross-referencing those against ever-evolving algorithms. Data Analysis, like many other new technologies, is only now starting to have a major effect on legal practice. Early adopters will gain an advantage over rivals and make an impact on clients with the right resources and an understanding of the future opportunity.
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Automobile
2022 TOYOTA
COROLLA CROSS With its cute, pug-dog styling and available hybrid powertrain, the 2022 Toyota Corolla Cross appears ready to take on mini-SUVs in the fierce American crossover sales war. 88 | Esq Legal Practice
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T
oyota said it was going on sale in Thailand first when it debuted in summer, 2020 and would launch later in other markets. We think it's destined for North America. The Corolla Cross will slot into the Toyota SUV lineup between the smaller C-HR and larger RAV4, which puts it in a familiar in-between category with rivals such as the Kia Seltos, the Jeep Compass, and the Nissan Rogue Sport. It's hard to say yet what will power the North American version of the Corolla Cross. In Thailand, the SUV can be had with an optional hybrid
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powertrain, but our version could offer that as standard as Toyota moves to a more hybrid-focused business model as evidenced by the allnew Sienna and Venza. What's New for 2021?
Toyota has not released any information on pricing, trim levels, or available features so it's difficult to choose which model will offer the best value. When we find out more about the Corolla Cross's onAlthough it wears the familiar sale date, powertrain, and Corolla name, the Cross is amenities, we'll update this definitely not a variation of story with details. the current-production Corolla sedan or hatchback; it Engine, Transmission, and Performance will be an all-new model for the Toyota brand when it We aren't sure yet what arrives in American showrooms. It's unlikely that powertrains the Corolla Cross will offer in the United States, the new SUV will appear but in Thailand the before the 2022 model year subcompact SUV offers a 138but could make its debut in hp 1.8-liter four-cylinder that late 2021.
is mated to a continuously variable automatic transmission (CVT) and frontwheel drive. If that sounds familiar, it's because the same setup is offered in both the Corolla sedan and the C-HR SUV. Interestingly, the Corolla Cross also offers an optional hybrid powertrain in global markets, which adds two electric motors to the mix. It's possible that Toyota may make the hybrid powertrain standard equipment when the Corolla Cross makes its way to North America—and if so, it could mean that all-wheel drive will be a possibility.
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Fuel Economy and Real-World MPG
looks like a partially digital gauge display. These parts seem to be shared with the The EPA has not released fuel Corolla; the interior design economy ratings for the appears to have been Corolla Cross yet and we influenced by the C-HR. We likely won't know what those aren't sure what features will estimated numbers are until be standard or optional, but closer to the SUV's on-sale we're hoping to receive more date. When we get a chance to information from Toyota test drive the Corolla Cross, about the Corolla Cross soon. we'll subject it to our 75-mph highway fuel economy test Infotainment and Connectivity and update this story with results. For more information Out of the Corolla Cross's about the Corolla Cross's fuel dashboard sprouts a square economy, visit the EPA's infotainment display flanked website. by shortcut buttons. This same
extras. Safety and Driver-Assistance Features
We expect Toyota to continue its current trend of standardizing driverassistance features with this model though, so even hightech features such as adaptive cruise control should be included on every model. For more information about the Corolla Cross's crash-test results, visit the National Highway Traffic Safety Administration (NHTSA) and Insurance Institute for setup is used in several Interior, Comfort, and Cargo current Toyota models, which Highway Safety (IIHS) websites. Key safety features offer 7.0- and 8.0-inch We haven't had a chance to sit displays. The Corolla Cross is will likely include: inside the Corolla Cross, but likely to use the current its exterior dimensions are ž Standard automated version of Toyota's larger than the C-HR and emergency braking with infotainment interface, which Corolla hatchback models, pedestrian detection isn't particularly modern but which should help with is fairly straightforward in its ž Standard lane-departure passenger and cargo space. warning with lane-keeping operation. Apple CarPlay and From photos we can see a assist Android Auto will likely be dashboard wrapped with ž Standard adaptive cruise standard but in-dash faux-leather, the interior's control. navigation and a JBL stereo ambient lighting, and what system will surely be optional
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Warranty and Maintenance Coverage New Toyota models come with a fairly basic standard warranty package but the company throws in two years of complimentary scheduled
maintenance to sweeten the deal. Rivals such as the Kia ž Seltos or the Hyundai Kona may offer more value for highmileage drivers with their ž 100,000 mile policies. ž Limited warranty covers
three years or 36,000 miles Powertrain warranty covers five years or 60,000 miles Complimentary maintenance is covered for two years or 25,000 miles
Although it wears the familiar Corolla name, the Cross is definitely not a variation of the current-production Corolla sedan or hatchback; it will be an all-new model for the Toyota brand when it arrives in American showrooms. It's unlikely that the new SUV will appear before the 2022 model year but could make its debut in late 2021. www.esq-law.com
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Accounting
Understanding
Financial Statements Squinting your eyes so hard that you get a headache when reading a financial statement may feel like trying to see the secret image inside an optical illusion (or, maybe, like trying to find Waldo). Numbers, marks, decimals...the list goes on and on. It's quick to throw it aside in frustration, promising yourself that you'll try harder next time. After all, the company's lights are already turned on, so what could possibly go wrong? This is a blunder.
A
lthough you may be keeping the lights on, you may be overlooking some financial red flags that, if ignored, may be detrimental to your business. The financial statements of your law firm are the most significant indicators of its overall health and viability. They're important for growing your company, even if they're difficult to understand at first. Thankfully, once you understand the fundamentals, dissecting these claims is easy. We'll teach you how to read and comprehend the key law firm financial statements that your firm can use.
Accounts receivable: 1. The Income Statement (also known as the Profit and Loss Statement) 2. A balance sheet 3. A cash flow statement is a financial statement that shows how much money is coming in and going out 4. Statement of Retained Earnings (Statement of Retained Earnings)
IMPORTANT TERMS TO UNDERSTAND
We realize we're still bombarding you with jargon. That's why, before we get into the specifics of what each of these legal financial statements contains, we'll describe some key words. Save these THE FOUR FINANCIAL meanings to your device for STATEMENTS OF A LAW FIRM future use for extra brownie points. You should pay careful attention to four specific Accounts Receivable: financial reports under the Accounts payable is a ledger standard collection of law of sums owed to a supplier or financial statements to another entity under the understand the financial current liabilities. Your health of your company. internet bill, for example, is These reports contain the part of your accounts payable. following: 92 | Esq Legal Practice
Accounts receivable is the amount owed to you by your debtors (or clients). Open invoices that customers owe you, for example, are part of the accounts receivable.
from representing your clients.
Liabilities: Accounts payable, mortgages, accrued expenses, and other liabilities are examples of liabilities. They are the financial obligations or debts that you must meet in order to operate your company.
Loss: When your company's costs exceed its profits, you'll experience a loss.
Assets:
Net income:
Any tangible or intangible object of value that your company owns is considered an asset. Vehicles, for example, are tangible assets, while intellectual property is intangible.
Your net income is calculated by subtracting your gross income from all expenditures and costs.
Cash flow: The cash flow is the total sum of money that comes in and goes out of your law firm, including the money you make from revenue and the money you lose from expenses.
Expenses: These are the costs of running your company, such as internet, phone, software, energy, and so on.
Earnings: Your earnings are the total amount of money you earn
Profit: Profit is the difference between your income and your costs and expenses in your company.
Retained earnings: The profit can be distributed to the company's owners / shareholders as dividends or reinvested to finance future development. The money that isn't paid out in dividends is referred to as retained earnings.
Revenue: Revenue is the money you make from the company's operations.
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better business decisions.
THE BALANCE SHEET (STATEMENT OF FINANCIAL POSITION)
as if you have your own crystal ball, revealing your company's financial patterns. You can use your balance sheet to:
The balance sheet, also known Ÿ Display your degree of as the statement of financial leverage by comparing your condition, is the next impordebt to your equity; tant financial statement you Ÿ Check your assets and should have. This statement liabilities to see if you have shows the balance of the enough money to pay off company's assets and your debts. liabilities, as well as all of the Ÿ Monitor the existing cash shareholders' equity. This flow and see whether you'll statement is usually organized have enough money to pay Shareholder equity: amount of revenue your law in one of two ways: your taxes, yourself, and After you've paid off all of firm made in a given time your employees. your law firm's loans, what's span. You subtract costs and Ÿ On the left, liabilities, and left is shareholder equity. It expenditures incurred to raise on the right, assets plus As you can see, a balance reflects the financial stability and receive revenue as you equity sheet is extremely beneficial to of your company and is equal progress down the route Ÿ Assets come first, then your company. When used to your assets minus your (costs of services sold, liabilities, and finally alone, however, the argument total liabilities. operating expenses, taxes, shareholder equity. has some limitations. The etc.). At the bottom of the balance sheet of your comladder, you subtract all of Trial and error balance: Your balance sheet should, as pany, for example, is just a A trial balance is a report that your expenditures from the the name suggests, be in snapshot of a single moment rungs above to determine how balance. Consider the lists the balances in your in time. Furthermore, the general ledger and is usually much money the company following basic equation: majority of small and solo law made or lost over that time prepared at the end of each firms keep their books on a quarter. It's a tool you can use span. These figures do not cash basis. This means that the Owners' Equity = Assets – to make sure your entries are carry on from one year to the Liabilities largest funds at any given next. in order. time should not be included on the balance sheet. The totals will be carried SUB-ACCOUNTS & PARENT What a relief. Are you still forward to the next reporting ACCOUNTS with us? That's great. Let's As a result, the accounts period. A balance sheet that take a closer look at each of receivable and unbilled jobs compares the current Breaking down the income the four standard law firm reporting date to one or more will not be visible on the statement into sections, such historical dates may be shown. balance sheet. This assertion financial statements you'll as parent accounts and subneed. would also be missing your accounts, is crucial to making WHAT IS THE PURPOSE OF A intangible assets, such as it useful. For example, if you THE INCOME STATEMENT trademarks, systems and BALANCE SHEET? (PROFIT & LOSS STATEMENT) just use parent categories like processes, and goodwill, all of payroll, you won't be able to which contribute significantly This is a fantastic question Let's start with one of the most see enough data to make to the value of your business. with a straightforward critical financial statements to informed decisions about answer. You can see the trend To grasp your company's true employee costs. keep track of: your income of your firm's annual growth financial state at any given statement, also known as your and expenditures by compar- time, you must be aware of all If you have too many subprofit and loss statement or of these factors. ing this year's current assets P&L. This statement indicates accounts, however, the data minus liabilities to last year's. can be too tiny to be useful. your net income or bottom STATEMENT OF CASH FLOWS It should be your mission to Consider how you can line, which is calculated by (SCF) keep your company expandsubtracting your gross income organize similar expenditures ing. Your balance sheet will into broad, understandable, from your total expenses. To stay in business, you'll decide what you've been and useful categories with the successful and will assist you need money. You need to Net Income = Total Income – help of your accountant or Total Expenses in determining what you can know if you have enough cash bookkeeper. There are no do to achieve your objectives. in the bank to finance correct or incorrect responses. operations each month as the Consider a ladder for a business owner. Cash flow moment. You begin at the top After all, this is a tool you'll When you combine balance use to help the company make of the ladder with the total sheets from several years, it's problems affect all types of www.esq-law.com
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companies, regardless of their “We understand that financial statements will appear to many size–a poor collections month lawyers to be a foreign language at first. You might feel as if you're or an unforeseen bill can have drowning in a sea of statements, figures, columns, and rows.” a huge effect on your cash situation. Keeping track of your cash flow will help you After you've distributed the debits and credits isn't healthy. prevent or control unexpected dividends from your law identical. cash flow dips. firm's profits, the retained These are just the first few earnings are what's left. Your Real vs. budget: statements. In reality, there's a Your statement of cash flows owners' equity is the balance This study compares your report for just about everyof the owners' original (also known as a cash flow budgeted income and thing you can think of. We investment and any retained expenses to your real income suggest that you choose statement) indicates where your money comes from and profits they've put into the and expenses for a specified statements that are beneficial business since then. goes over the course of a time span. A third column on for your company in addition month. It provides you with a the statement shows how to the top four. regular perspective that you On this statement, you might, close you come to meeting the can use to handle your for example, represent sold or budget in actual dollars or as a FINANCIAL STATEMENTS FOR expenses, unexpected repurchased stock or member- percentage. THE LAW FIRM SHOULD BE equipment repairs after MASTERED ship interests. Issued dividend accidental coffee mug fires, dividends, draws, or other Weekly financial status report: payroll funding, and so much transfers to owners may also We recommend that you We understand that financial more. statements will appear to be included. You should also review the company's many lawyers to be a foreign consider whether your gains financial health on a weekly and losses have an effect on Your cash flow statement basis. A weekly report with a language at first. You might feel as if you're drowning in a should only reflect your short- your owners' equity. high-level view of cash on sea of statements, figures, term sustainability and should hand, accounts receivable columns, and rows. exclude non-cash accounting This statement is particularly total, payables due next things like depreciation and Friday, payables due in the relevant for internal stakeamortization. Instead, you can holders because it shows how next 30 days, work in We've been in your shoes use your cash flow statement much equity they have in your progress, bills issued, cash in, before. And we guarantee that to figure out why your next payroll date, and balance knowing your law firm business. It also shows how company operations aren't finances will make your life much available owners' equity on lines of credit is the best producing a cash surplus. A less stressful in the long run, way to do so. you have to reinvest in your cash flow statement, for both at work and at home. business, whether by expanexample, will help you Your financial statements will sion, new equipment, or debt Revenue per employee: determine: Whether you have repayment. With this statebecome one of your favorite If you have workers, these a long-term, foundational aspects of managing your ment in hand, you and your figures reflect the gross problem If you have a short- friends will determine the best income divided by full-time business with practice and term deficit due to an course of action. equivalent (FTE), which is the time. investment that will make you equivalent of one full-time more money in the future Remember that if you need OTHER FINANCIAL REPORTS employee working 40 hours Whether you can sustain longassistance, you can (and per week. Lower numbers term cash flow or whether should) recruit someone to indicate overstaffing, ineffiYou now have all of the your numbers are off due to help you better understand ciency, or facilities that are information you need to funds from credit prepare the four key financial underpriced. Higher numbers how to use these statements to your advantage. A bookstatements needed to run your indicate that you charge STATEMENT OF CHANGES IN company. Additional financial consistent and fair rates, hire keeper or accountant is a OWNERS' EQUITY (STATEreliable systems and technolo- valuable asset to have on your reports are available to help MENT OF RETAINED EARNyou gain a better understand- gies, and have a low employee staff. INGS) ing of your financial situation. turnover rate. Finally, we've arrived at your company's fourth important financial statement. The statement of retained earnings is used to demonstrate how the value of the company's stock has increased over time.
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Trial balance: This statement is a combination of the balance sheet and income statement. Its aim is to display any inconsistencies by detailing the sum of your debits and credits in each account. You'll know there's a problem if the amount of your
Solicitor (or timekeeper) revenue: These figures are calculated by dividing the gross revenue by the amount of lawyers or timekeepers. A low revenueper-attorney figure means that your lawyers are working on low-paying cases, which isn't
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