The InfoStride Forum

NEWS and REPORTS => Nigerian News => Topic started by: Mirror on Aug 12, 2013, 08:31 PM

Title: Challenges of managing law partnership firms –SANs
Post by: Mirror on Aug 12, 2013, 08:31 PM
Irving & Bonnar, founded in 1917, was the first law firm to be established in Nigeria. It took about 31 years later before the first indigenous law partnership firm emerged. FRANCIS FAMOROTI, Head, Judiciary writes on the changing fortunes and challenges of managing law partnership firms in the country.

Irving & Bonnar, founded in 1917, was the first law firm to be established in Nigeria. The founding partners, who were Britons, had a vision to build a world class law firm based on the tradition and efficiency of an old prestigious English law firm.

Despite the fact that Christopher Sapara Williams was the first indigenous Nigerian qualified lawyer called to the English Bar on November 17, 1879 and he later enrolled in 1888 in Nigeria, there was no known record of the existence of law partnership firms in the country until 1940s.

Interestingly, Sapara Williams was not the only one involved in the practice of law at the time. Due to the shortage of qualified lawyers, it was common for non-lawyers with basic education and some knowledge of English law to be appointed to practice as attorneys until 1913.

However, the first indigenous law partnership firm came into being in the country in 1948 when three friends and leading lawyers of the period, Chiefs Bode Thomas, Rotimi Williams, and Remi Fani-Kayode jointly formed the law firm known as "Thomas, Williams and Kayode & co " otherwise called TOWIKA chambers.

The law firm groomed many distinguished legal practitioners of that era including Chief Sobo Sowemimo. Sowemimo, who later became the Jaguna of Egbaland, however subsequently established a partnership with Fani-Kayode.

According to historical accounts, the unfortunate and untimely demise of Bode Thomas at the age of 33 and the subsequent appointment of Williams as the Attorney-General of the Western Region by the Obafemi Awolowo administration led to the eventual collapse of the firm.

Another bold attempt to set up a partnership firm was evident in 1950 when the trio of Chief Chris Ogunbanjo, Michael Odesanya (later Justice) and the former Premier of Western Nigeria, Chief Samuel Akintola formed a partnership the law firm then known as Michael, Chris & Samuel, and located their office at Tinubu Square in the heart of Lagos.

Following the dissolution of the law firm, Ogunbanjo established Chris Ogunbanjo & Co in 1960.

Notable among the law firms set up within the same period was Poroye Chambers''founded by Otunba T.O. Shobowale Benson. The firm still exists today and is being managed by his children.

Outside Lagos, Punuka Chambers founded by Chukwuweike Idigbe, later Justice was set up in Warri where Idigbe initially settled after his return from United Kingdom (UK).

Idigbe now late was the first Asaba lawyer in the then Asaba division covering the present Oshimili, Aniocha and Ika Local Government Areas of the old Mid-Western state. He was also the first lawyer known then in Benin province from Ovia to Oredo and Etsako areas. The fortunes of the law firm have however changed over the years.

After Idigbe was appointed to the Bench, the chambers did not fold up and was managed by Mr. Omo Bare (now retired high court judge). Despite Justice Idigbe's demise in 1983, Punuka has undergone transformations and the firm's name has changed and is today known as Punuka Attorneys and Solicitors under the management of Anthony Idigbe, SAN.

By the early 1950s, Kehinde Sofola established his firm, Kehinde Sofola & co. His younger brother, Idowu and much later, his children joined him in the firm. Following Sofola's demise on March 25, 2007, the firm has transformed into Kayode Sofola & co, owned by his eldest son.

Sometimes in the mid-50s, the first senior advocate in the whole of Northern Nigeria, Alhaji Abdul Ganiyu Folorunso Abdul- Razaq (SAN) established the law firm of A.G. F. AbdulRazaq and Co in Ilorin.

Today, AbdulRazaq's son, Alimi, is currently the managing partner of the firm renamed House of Laws (Solicitors).

Mention could also be made of the law firm of Ayoola Brothers. The law firm was established in the early '60s by an exceeding brilliant lawyer, Olu Ayoola, who was later appointed a High Court Judge of Western State of Nigeria.

The law firm at the time also engaged in law report publishing under the name Ayoola Brothers. Olu's younger brother, Emmanuel Olayinka Ayoola, later Justice of the Supreme Court, was in private legal practice as a partner in the firm for several years before he too was appointed to the Bench. Notable among the products of the firm was Chief Afe Babalola.

Babalola started his legal practice in the chambers of Olu Ayoola and remained there till 1965 when he established the firm of Afe Babalola & Co (Emmanuel Chambers), reputed today, as one of the leading law firms in Nigeria.

In 1974, a partnership of two cousins; Messrs. Patrick Mbanefo and Louis Mbanefo, was established under the name, Mbanefo & Mbanefo in Lagos.

When the partnership was dissolved, Louis Mbanefo, son of a former Chief Justice of Eastern Nigeria and Justice of the Nigerian Supreme Court, established his sole firm in Ikoyi, Lagos.

It must however be pointed out that some partnership firms have survived over the years and many others have been designed to outlive the partners.

In contemporary times, the legal profession is globalising to the extent that some notable Nigerian lawyers are now engaged in multi-jurisdictional partnership firms. Examples of such firms abound in Lagos, Abuja and Port Harcourt amongst other various parts of the country.

National Mirror spoke to some Senior Advocates of Nigeria and other lawyers on the issue.

The Ilorin-based Mallam Yusuf Ali (SAN), said "Many partnership law firms have suffered serious decline and collapsed because of our various orientation and individual differences.

He likened partnership to a marriage founded on absolute trust and noted that "once there is no trust, then partnership cannot work.''

According to Ali, "Partnership is the key to any successful law firm. If we want our firms to outlive us, then we must align ourselves with the world order which is partnership. It comprises different strategic division of law practices.

He urged lawyers to concentrate on areas of law practice where they have strength over others and partner with their colleagues in such areas adding that "in that way we will have a sustainable law firm.''

Chief Felix Fagbohungbe (SAN) corroborated Ali's position saying that "a lot factors are responsible for failing law firms; individual differences is a major challenge. Greed and internal politics are other reasons why some partnership firms failed.

He emphasised trust among partners and the need to work with institutional business policy to make the law firms outlive them.

Mr. Rotimi Jacobs (SAN) in his view observed that many partnership firms have folded up because of what he termed "Nigerian factor''.

"In Nigeria, everybody wants to have his own firm, his own empire. Nobody wants to be accountable to the other person. You know the thrust of partnership lies in the accountability and responsibility. Our ego plays a major role in most demise of law partnership firm.

"Trust is another issue that certainly makes most partnership law firms wind up. Most partners cannot hold their selves in trust.

He argued that for any law firm to be successful and outlive its founder, "partnership is the answer.'' "Partnership incorporates all different specialised field of law practices. A lawyer who is good in criminal matters can partner with another lawyer who is vast in commercial or probate matters.

"Also, partnership must be based on institutional framework, not centered on a particular partner or the other." Jacobs added.

Another senior lawyer, Mr. Fred Agbaje noted that "factors such as economic, religion and individual differences are often responsible for the failure of most partnership law firm. I think partnership is a laudable concept. I believe it reduces cost, enhances clients' confidence and ensure sustainability.

He stressed that most Nigerian law firms have failed to partner due to lawyers' individualistic ego and greed.

Agbaje said "sometimes in a partnership, you will discover that a partner lawyer is working while the other is not. At the end of the day both of them will want to share profit equally. This is often where we have conflict of interest.

"If a partnership law firm must work, the partners must work together, trust one another and work within their individual specialised field.

Partnership is the recipe for many falling law firm and must be embrace by all." he added.

National Mirror
Title: Re: Challenges of managing law partnership firms –SANs
Post by: Folami David on Aug 12, 2013, 08:37 PM
Managing low partnership firms are very important @ this point because they suit what is going on with the economy. It's challenging though!