Dinju, Fashe & Co. Barristers & Solicitors

Dinju, Fashe & Co. Barristers & Solicitors General Legal Practice, Solicitorship, Agency and Corporate Practice

We are always at your service.... Don't get MAD, just get a LAWYER!!! โš–โš–๐Ÿ‘จโ€โš–๏ธ๐Ÿ‘ฉโ€โš–๏ธ
07/12/2021

We are always at your service.... Don't get MAD, just get a LAWYER!!! โš–โš–๐Ÿ‘จโ€โš–๏ธ๐Ÿ‘ฉโ€โš–๏ธ

We are a WhatsApp post away from you
06/09/2021

We are a WhatsApp post away from you

Someone just sent me this, demanding an answer. My answer was just simple, Apt and Straight to the point. I said it's so...
01/07/2021

Someone just sent me this, demanding an answer. My answer was just simple, Apt and Straight to the point. I said it's so because Lawyers are Fit and Proper before they gets Called to the Nigerian Bar, they are also Decorous and they Respect each other as colleagues.... Clients will come and go but the Bar remains so where get insulting with your colleague because of a client that will disappear tomorrow? That's why we are the only LEARNED ONES!!!

30/06/2021

๐Ÿ˜”๐Ÿ˜”๐Ÿ˜”

25/06/2021
31/10/2019

*AUTHOR UNKNOWN*

*WHEN A SENIOR ADVOCATE IS NOT ENTITLED TO MENTION HIS CASE OUT OF TURN IN COURT*

Dateline: October 2016
Assizes: High Court of Enugu State sitting at Oji River.

I was in court and the court was about to sit. We had taken our seats when suddenly the Court Registrar asked those of us seated in the front row to vacate our seats that a SAN is coming. We did. Five minutes later, the judge comes in and the Registrar calls up the matter involving the SAN who was Attorney General and Commissioner for Justice under Sullivan Chime Esq. His name is Anthony Ani SAN.

The SAN announced his appearance and the Counsel on the other side did the same. As these were going on, I quickly scanned the Cause List and noticed that there was no matter listed for Mention on the Cause List.

I then stood up and calmly informed the court that I came from Lagos and that I am a stranger and a bit confused with regards to the procedure being adopted by the court. The judge was taken aback and asked me what procedure I was not comfortable with.

I informed the judge of what transpired shortly before the court started sitting. I described those (our being asked to vacate the front row) as legitimate and rightly done. I also told the judge that there is no provision of any Law in Nigeria that requires matters involving SANs to be called first.

Judge: Mr Okonkwo, what are you not comfortable with. Be precise.

Me: My Lord, my worry is that my client has been looking at us and saw when I was told to vacate the seat for our fellow lawyer. She also saw when the SAN walked in and she is also seeing that as soon as the court sat, the SAN's matter was called immediately.

My Lord, my client will be wondering what matter of inferior lawyer she had consulted that will be asked to give up his seat for his colleague. She will also be wondering why her matter which is listed as number 5 is relegated while the matter in which the SAN is appearing which is listed as No. 14 is being called first.

My Lord, this place is not just a court of Law but most importantly, a court of equity. It is ironical that our clients engage us to come to court to get justice for them and as soon as we walk into court, the same client that engaged me is witnessing me suffer injustice.

My Lord, I insist that the matter involving the learned SAN be called when it gets to his turn. This will send a message to his clients who are about 18 in number and present in court (it is a community land matter) that when they engage a SAN, he has no automatic right to get to court and take his turn before any other lawyer.

Finally my Lord, the great politician late Chief MKO Abiola said that it is impossible to shave his head in his absence. Since the learned SAN is here, I urge this court to call on him to address the court particularly on the legality of having his matter called first. I am therefore not shaving his head in his absence since he is here. My Lord, I stop here for now until the learned silk has finished addressing your Lordship so I can finalise on points of Law.

The judge became defensive of the SAN and said that actually since he became a judge, no lawyer had raised such "elementary" issue in his court.

I stood up again to clarify that it may seem elementary but that it is the bedrock of injustice meted out to lawyers who have been engaged by litigants to plead their causes. I however told the court that if the learned SAN has another engagement elsewhere and wants to leave the court so soon, we can oblige that his matter be called first but that he must seek our permission.

On that, the court agreed with me.

The learned SAN did not address the court.

I had spoken extensively and decided not to overstretch the matter. I made my point clearly and the court and the SAN got my message.

The SAN proceeded with his matter but when he finished and was about to leave, he addressed the court, not on the legality of what I raised, but on being bold in court. He commended me and informed the judge that such views should always be allowed in court.

After his matter was adjourned, he came to where I was seated and gave me a very prolonged and warm handshake.

_*NOTE: It is only when a matter involving a SAN is listed for Mention that it can be called out of turn.*_

If his matter is not listed for mention, he should wait out and take his turn. That is the law. Their matters are being called first because other lawyers don't challenge it.

22/10/2019

WHAT IS LAW PRACTICE?

It means different things to different people.

For those in litigation, it is preparing court processes and appearing in court on behalf of your clients; it is representing them well and ensuring that they are satisfied at the end of the matter. Donโ€™t forget to collect your fees.

For those in corporate practice, it is drafting or interpreting documents that will help your employers make more money or ensure that they donโ€™t lose money or find themselves in unending court cases. Anything to the contrary and you are out of a job.

For those in academics, it is raising new generations of lawyers; teaching what is current and relevant and generally, ensuring that the upcoming lawyers get valuable knowledge.

Unlike our days, when we swallowed most things hook, line and sinker, and were afraid to ask questions to avoid being marked by lecturers, the millennial kids have access to so much knowledge. If you teach nonsense, they will call you out.

For those in government employment, it is representing the state in criminal and civil cases; it is ensuring that the innocent people are not punished unjustly and that the guilty do not get away free. There should be no room for persecution.

For those in real estate, it is helping clients lease, buy or sell properties at optimum prices with ease and preparing accompanying documents. It is ensuring that clients are not swindled of their hard earned money and that they get value for what they pay for.

For those in HR, it is helping employers draft employment agreements that shield them from future employment disputes.

There are many aspects of legal practice and all of them are important.

None is superior to the other and the argument on superiority is unnecessary. What matters is not whether you are in private practice or paid employment, but the following:

โ˜‘๏ธAre you bringing value to the table?

โ˜‘๏ธ Is it adding money to your bank account?

โ˜‘๏ธ Do you have job satisfaction?

โ˜‘๏ธ Are you growing in your chosen field?

โ˜‘ Do you have job independence and time to do other things as source for "secondary income"?

โ˜‘ Do you have job security?

If the answer to the questions above is in the affirmative, then you are good to go. If it is no, then it is time to change position. You donโ€™t need a soothsayer to tell you that.

The summary is: do what works for you and donโ€™t be envious or intimidated by another personโ€™s success.

Life is a journey. Everyone travels on his own lane and at his own pace.

Do have a great day.

29/09/2019

"A lawyer's relationship with his clients should be purely economic. So long as you do not charge your fees and you keep on working for a client, or you do not collect your money in advance as provided by our rules, clients will praise you. Any fees not paid before the conclusion of a case may never be paid again, nor would the clients come back.

"Many clients never returned to me after I had concluded their cases. While their cases were still on, they would give the best of Christmas presents. May be one or two years after the end of a case they might remember you. My experience is that ninety percent of all my Christmas presents come from those whose cases are still pending.

"It is worse when they have not paid your fees. They promise heaven and earth. They assure you of prompt payment once the case is completed. But once this is achieved, you would never see them again.

"One bizarre thing is that rich clients are the worst culprits when it comes to payment of fees. They simply do not appreciate a lawyer's work. They find it difficult and are always reluctant to pay adequately for the services of lawyers. I have had to return files to some rich clients because of their failure to pay what was reasonable, proper and compensatory. When you turn over their files to them for failure to pay, they run to another lawyer where they do exactly the same thing.

"In Europe, a lawyer's bill after the completion of a case is paid without questions. But here, the rich people would rather pay money to the police or to people who will promise to influence a judge".

~ Aare Afe Babalola, SAN, 'Impossibility Made Possible - Autobiography', pp. 168 - 169 ~

12/09/2019

Olakunle Allison Esquire writes :

I've always known this but I'm knowing it even more;

That the difference between rich lawyers and poor lawyers is basically this: Rich lawyers have rich clients and poor lawyers have poor clients. Simple!

If you are a lawyer, you may never be richer than your clients; those who pay your fees. You may be as rich as them but not richer. So, if your goal is to be rich, seek or pray for rich clients.

Sometimes you may need to move base to where rich clients live for visibility and networking opportunities.

I used to know a Partner (former boss) in a Law Firm who was apparently having financial challenges but who refused to quit living in Ikoyi. It was obvious that things were hard for her family and I thought it would be wise for them to shift base to a more affordable or modest location, but I was wrong. They stayed and weathered the storm.

It didn't make sense me at the time because I felt that living in Ikoyi should not be a do-or-die affair. I even asked someone in the Firm if it was worth the stress to live in Ikoyi just to impress people. I didn't know that my reading and calculation of the situation was wrong. Now I understand.

My boss at the time knew that if she was going to get out of her financial situation she stood a better chance staying in Ikoyi than getting out of Ikoyi. She understood that the opportunities and money she needed were in that area and so her decision to stay was a strategic one, not a necessity. I'm sure leaving never even crossed her mind.

Two good briefs from the Ikoyi/Lekki corridor can make a huge difference in your life. They might be equal to 50-100 worth of briefs in Ikeja/Oshodi/Iyanapaja area in cash. This is not only because of the socioeconomic disparity but because of the mindset prevalent in both areas.

Clients who live in the Ikoyi area of Lagos are upwardly mobile, highly educated and very rich. They are more likely to place a higher premium on legal services than clients in Oshodi. And they have the means to pay, unlike clients in Oshodi who believe lawyers are out to take what is left of their savings.

Pray for rich clients. You cannot be rich having poor clients. It's impossible.

Now, there's no guarantee that rich clients will pay you well but there is a guarantee that they can pay you well. But poor clients cannot pay you well and will often not pay well, if they ever pay.


Selah.

31/08/2019

*NBA AGC 2019: FACING THE FUTURE? JUST THINKING LOUD*

The NBA AGC 2019 is now a past event but i cannot stop asking certain questions from the theme *Facing the Future*
Which future?
Whose future?
To feature what future?
These questions are not difficult to answer as the saying goes, what is known as future is either the result of a prepared today or an unprepared today, future does not exist in itself but would exist by the outcome of today's actions or inactions, it is their sum total that is called future.
This is still opaque.
Who or what is the future we are talking about. Of course, by the gathering, it is that of lawyers and the legal profession, so the future here is that of the lawyers and the profession. Make no mistake, the future of the lawyer and the legal profession, without any fear of contradiction, i dare to say is the "young lawyer" yes, the young lawyer you heard me right and by some stroke of providential interposition, the intermediate lawyer.

Let us tell ourselves the truth, everyone above 55year old, just to be fair, especially the "special ones" that attended this conference, cannot be active participants in ten years time but active observer by reason of strength which no man can prevail.
If all that was said at the AGC about the welfare of young lawyers (i am not talking of remuneration per se, but that and much more) particularly by Prof. Ajogwu SAN and the sage Chief Folake Solanke SAN is not speedily implemented then, we are facing a future without any features and we won't feature there because we have not faced our future the young and reluctantly, intermediate lawyers.
The future is here with us in the present, at my Branch, once at the monthly Bar meeting, one of our revered senior, a former trail blazing chairman, the immediate past Hon. Attorney General and Commissioner for Justice, Oyo State, Mr. Oluseun Mobolaji Abimbola (OMA) suggested that NBA Ibadan dinners should no longer be subsidized as the subsidy is argued that is it meant to encourage attendance, he strenuously explained his point that we need to start subsidizing relevant subjects and not "food and drinks" but all his explanation, fell to deaf ears as even the future (young lawyers) in attendance, felt seriously betrayed by his argument against subsidizing food and drinks for value addition (apparently, this is the main fringe benefit most seniors are eager to extend to juniors in chambers as though, they are an army of hungry men, or the food is something they have never or will never eat.) From where i sat, i asked myself "ah, what is he even saying, no subsidy for dinner, ewo, egba mi" but then, i looked beyond the obvious and saw so much sense in what he was saying and even more when i quickly reminded myself the immortal words of my late intelligent mother "when you give someone food, you do not follow him to toilet, so giving food is not a serious favour" then i started thinking and asked, how about seniors and the Bar subsidizing capacity development opportunities for the future (i.e. young lawyers) instead of ordinary food that you eat, drink, clean your mouth and visit the toilet and it is over then you wait for another subsidized food and drink. Instead of this *giving of fish beggarly attitude why not get us nets and teach us how to fish? This is the only way we can *face the future*
Can we have good spirited seniors that will sponsor juniors for arbitration, mediation, ICSAN, negotiation programmes? Support juniors who are seeking further knowledge either due to the love of knowledge or wanting to better their economic prospects? In this regard, i know of a very senior member of the Bar in Bodija, once you join any of his offices, either in Ibadan here, Lagos or Abuja and within a year or two, you do not proceed for an LLM or professional certification, by the third year, he will ask you to leave because he abhors stagnancy, though i have not worked with the learned Silk, whose name i will conceal, i have benefitted from this scheme just as a lover of constant self improvement.

Unfortunately, we have seniors who, once they get wind of the fact that a junior wants to add another qualification to his certificates, they become cantankerous and discouraging (although, some juniors have abused this privilege but it is not a reason to use the cane of Peter to flog Paul)

Facing the future includes taking advantage of disruptive technology and new areas of practice, developing competence with a nostradamus view to leverage on future opportunities, seeing beyond the obvious, enlarging our coast, tilling our fallow grounds, developing character but, all these, without taking care of our foot solders (the young lawyers is liking building a castle upon sandy soil. Let me say, our future must make itself featurable, if a young lawyer is not adding value, no one has a duty to value you not even yourself, the young lawyer must develop capacity, stop sitting and counting "thirty days or thirty one days make one salary" the bitter truth is, salary can never be enough because it has never been and will never be. Become useful and usable for there are a few good seniors, who seek for someone they can send but they have found none.

The legal profession has become a delivery ward with several children with feeding bottles but with no nutrient and nourishment therefore, no growth and that is the future we must face. We keep on paying sundry fees to the profession and NBA, but we get little but nothing.

Today, in Ibadan, like many other places, inclusive of Lagos, Port-Harcourt and Abuja, we keep seeing "lawyer's shop" in the name of office springing forth in an unexplainable proportion. The reason is not far fetch. The truth is, not everyone wants to have *Ekenedili Musa Ayodele & Co* or one of these funny names *Prexia Solicitors, Momentum Law Practice, Gravity Attorneys, Law Backyard* and the likes. But when you are in an office and you cannot see yourself featuring in the future of the office, what do you do? "To your tent o ye lawyer" becomes your likely option. There are offices where some lawyers got employed in the 80s and 90s, they have rise to the rank of SAN and have all it takes, to set up their own practice but they have remained in those offices, why? They look and see themselves featuring in the future of the office hence, it is unnecessary to set sail.

Today, how many offices in Ibadan can boast of having a lawyer who has been there for 10years consistently and happily? You stay in an office for 10years and put in your all, and you are still "an & Co lawyer" in that same office and the Principal child, who joined four years ago, is a partner or HOC and you expect someone to continue to be there, it is "long suffering" and not "forever suffering" that is a virtue.

In facing the Future, the present must understand that verbal and sometimes, physical attack are capable of and have actually destroyed the future. You need to see me as a colleague even if i look younger for there are some of us that we do not need to visit the gym or drink Chinese tea to stay fit but we are naturally fit.
If we fail, to take care of the young lawyers among us, we do not have a future, once upon a time, we had the Fani Kayode, GOK Ajayi, Timi the Law, I. O. Agbede, D. A. Ijalaye, J. O. Fabumi, Chief Folake Solanke then the Gani Fawehimi, today the Lateef Fagbemi, Wole Olanipekun, Olisa Agbakoba, Akin Onigbinde, Niyi Akintola, Funke Adekoya, Mrs. Awomolo, Miana Essein, Prof. Oluyemisi Bangbose, Prof. Ernest Ojukwu, Paul Usoro, Prof. Dakas C.J. Dakas, SANs, Prof. Popoola, Prof. MM Akanbi SAN, Prof. Alero Akeredolu, Prof. Oyelowo Oyewo these legends, whether they like it or yes, they will someday or soon vacate the stage, whatever you put into us today, is what we will give tomorrow.

*Facing the Future, the Young Lawyer is the Future of the Legal Profession let us face them before they face us.*

*DTE, IBADAN*
*30/08/2019*

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