The question, do you need a lawyer? is a question that is asked sometimes. It appears that some Nigerians believe that having a lawyer is not important for certain reasons.
There are a number of reasons given by people in support of why they do not need a lawyer. Some of these reasons are personal beliefs that engaging a lawyer will make no difference to their current situation.
Another reason is the belief that the cost of legal services is expensive and that there are a lot of available information on the internet that can be used as templates. People also make the decision to handle their transactions themselves. For example, in the real estate industry, we see a lot of property owners and tenants enter into tenancy agreements drafted by either the owners of the property or other people who are not lawyers.
Despite these reasons, do you need a lawyer? Yes, there are reasons why you need a lawyer, and these reasons override reasons some people do not use lawyers. In today’s world, where legal issues occur regularly, it might be risky to say that you do not need a lawyer.
It is also important to note that there are laws which prevent a person other than a legal practitioner from:
- engaging in the preparation of agreements relating to immovable property;
- engaging in the grant of probate or letters of administration; or
- being involved in conducting proceedings in any court in Nigeria;
where any of these acts are done in expectation of a reward.
The implication of this is that only lawyers are qualified to engage in transactions in these areas for a fee. Therefore, a person cannot validly contract in these highlighted areas without validly using a lawyer.
Furthermore, the services of a lawyer is vital in helping businesses achieve their objectives. Lawyers help businesses in all stages of their development, from incubation, to start up, growth and eventual liquidation in some cases. Some of the specific services provided by lawyers include conducting legal due diligence, providing advice on transactions, negotiating and advising on the best business structure, representing the business in any lawsuit where they are parties, and ensuring that the business is generally stable to achieve its objectives.
Individuals in their personal capacity are also advised to engage lawyers for the professional benefits the legal relationship provides. Lawyers are useful in the drafting of wills and consequently, all probate practices involving individuals. They also advise on commercial transactions and generally ensure that the individual is guided within the provisions of the law.
Investment, contract negotiation and drafting of agreements are other areas where the services of lawyers should not be dispensed with. It is common practice for some individuals to obtain templates from different sources for their use. The danger to this is that in most cases, such templates do not suit the particular transaction. The nature and circumstance of each transaction differs, and such templates might not be appropriate for the particular transaction.
Lawyers are trained to review agreements and identify what should and should not be included in drafting agreements. Lawyers also foresee potential dispute areas and work to mitigate them. Lawyers, consequently, help to prevent problems, and are therefore not only problem solvers.
It is common practice for people to seek legal advice when issues arise, rather than before they arise. It is, however, advisable to engage a lawyer’s service at the initial stage of any commercial engagement that may lead to contractual obligations.
Moreover, there are different areas of law and there are also lawyers who are specialists in these different areas. An individual’s choice to use a lawyer, should also be influenced by getting a specialist lawyer for the specific need. This approach will help individuals achieve their objectives in the best way possible.
In conclusion, using a lawyer, and more particularly a specialized one is necessary. The decision not to use a lawyer could be counterproductive.
Oyindamola Aje
Associate
Compleo Legal
Dispute Resolution, Finance, Corporate and Commercial Law
oyindamola@compleolegal.com
Disclaimer
This article is prepared for the general guidance of the public only. It is not to be taken as professional advice, neither does it by itself create a client/attorney relationship between readers and Compleo Legal (Compleo). Compleo’s employees and any other person acting through it do not accept or assume liability or responsibility for any action or omission to act, in reliance on the information contained in this publication or for any decision based on it.
Kindly contact us on contact@compleolegal.com or +234 802 360 4638 for specialized legal advice.
