Friday 7 June 2013

Let me call this, Exploitation 101



ADAPTED, Just thought it was worth sharing.



I was once privileged to be with some older members of the legal profession sometime ago. These men were called to the Nigerian bar a couple of years before I was born. They talked with so much mirth about the remuneration of junior counsel. They criticized the perspective of new wigs and said all that they always thought about was money and not building a solid career. After chattering about this, they talked about their next trip to the US and how they intended to toss their cases to their juniors to handle while they are away. The men were three thick men clad in the traditional buba and sokoto. It was a Friday afternoon and they had decided to give their expensive suits a well deserved break. Their potbelly protruded from all dimensions in their attire. I loved it! “If these men could have potbellies, then there’s hope for the skinny me,” I thought to myself. However, once I took my leave, I began to think seriously about everything that had happened. 

In the practice of law in Nigeria, the remuneration of junior counsel has been an issue of debate again and yet again. The new wigs argue from the stand point of sheer exploitation while the principals use the defence of pupilage. Principals argue that because the new wigs learn to be “real” lawyer using their resources – clients, cases, resources etc, they don’t deserve a fat remuneration. They argue that what the new wigs/junior counsel need is focus on building a solid knowledge base of the practice of law. This is always their defence for victimization too. Their definition of hardwork is, you, a junior counsel, staying up till 11pm or even doing a sleep-over at the office to ensure that the multi-million dollar briefs are cashed-in. actually, they wouldn’t mind if you came in on weekends too. To these principals, that is the definition of hard-work. They don’t particularly care if you learn, just get the job done. Period! 

I am not against hard-work; in fact, my mantra is “destiny demands diligence”. However, I believe things should be put in perspective. If you are going to run me like a beast of burden by making me work long horrid hours, the least you can do is to remunerate me well enough to make me want to feel my being used is justified. I am talking about a commensurate remuneration but remuneration enough to make me smile as I work. The junior loses his beauty sleep for weeks because of a brief and at the end of it, the principal smiles to the bank with cheques of millions of dollars and then the junior is offered a pay-packet less than $400 with a pep talk about how fortunate he should consider himself. In my honest opinion, that is nothing short of slavery – a modern form of slavery. 

I once interned with a firm where lawyers were being N25,000 while the principal acquires cars and travels every summer. On one of the briefs I worked on at the time, we made a profit of $1.6million dollars for the firm and that was all in one transaction! It was a case of contract between a Nigerian company and a German company. Several briefs worth millions of naira were under the arms of the Principal. Just as you may have thought, it was a sole proprietorship. Though he drives his junior counsel so hard to help him rake in his millions, he believes that all they deserve is less than $200 per month. In my own opinion, I believe that the theory of pupilage is overused and barely makes sense. Doctors on housemanship are so green on the job and that is why their licenses are temporary till the housemanship is over. Yet for the one year of housemanship, they earn nothing less than $1000 per month. 

Law is glamourous because we make it look so. The first generation lawyers set a high social profile for the profession and today we all struggle to fit in even though the decorum and civility associated with the profession is fast fading away. Lawyers are perceived to be cash-carriers. Lawyers are always rich; many people believe that. My in-laws hear their daughter is engaged to a lawyer and they beam with smiles and I heard my father-in-law heaved a sigh of relief: “at least she’s going to be in safe hands,” he must have thought to himself. Safe in that context means “he can provide all she will need”. How safe will she be when the pay is just $250 per month. Principals seem to forget that junior counsel have their own lives, dreams and challenges too. My in-law’s family awaits my official visit, perhaps they await my show of affluence; who knows. They don’t know that law practice isn’t always what seems on the outside. I am sad I might disappointment them. 

Following this issue of poor remuneration, many junior counsel focus more on private practice than their bosses’  briefs: it’s the only way they truly survive. Many junior counsel plan to get out of their current firms to set up their own firms and they swear to replicate this harsh treatment on their junior counsel. They call it paying one’s dues. I guess the vicious cycle has just begun. With this remuneration issue still this poor, I doubt if I will ever add more flesh let alone get a potbelly. I can only try.*sighs* In all, whether I earn $150 per month or I earn $1,500 per month, I have learnt to abase and abound. 
Above all, I have learnt to be grateful.

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