07/07/2023
*_LET THE LAWYERS BREATH_*
By _Abubakar Zain Esq_
If you observe carefully you'll see writes up about lawyers and their professional charges flying over this space recently.
*WHAT DOES THAT MEAN?*
Well, there's a new renumeration order for lawyers offering legal services and representations that was promulgated in may 2023.
What does the new order says?
*1. IN RESPECT OF CONSULTATION*
Lawyers can no longer give legal opinion for free. You cannot just call your lawyer friend and ask him to advise you in a particular manner, he is duty bound to demand fees for his opinion and the charges range from ₦20,000 as minimum for youngest lawyer practicing in Benin to ₦500,000 as minimum for SAN in Abuja.
So, if you want to consult a lawyer, know that it comes with cost, the era of free legal advice has gone for good. However, if you can't afford that you can ask to pay on hourly basis
*2. IN RESPECT OF HOURLY CHARGE*
The minimum amount a new wig practicing in Akwa Ibom, Kaduna or Enugu to charge hourly is ₦10,000 and the amount is subject to change, for example the least amount a lawyer of 1-6 years practicing in Lagos and Abuja can accept is ₦30,000
*3. IN RESPECT OF PROPERTY TRANSACTIONS*
It is no longer feasible for a client to negotiate with a lawyer on amount payable for preparation of deeds, tenancy agreements and leases.
The amount is fixed and it's 10%, so, if your lawyer tells you that he can only accept 10% of total consideration to prepare a deed of assignments for a property you bought with ₦10,000,000 you should not ask for discounts, because if he charges you below that he will be subjected to disciplinary action and may loose his license temporarily or permanently.
In addition to that, the amount he collected must be ascertained by NBA and revenue boards for tax collections.
For example if he charges you 50k for a property worth 10m he will be forced to pay full withholding tax for total professional charges and also loose his license for good 3 years. (Think about that)
*4. IN RESPECT OF LITIGATION ( COURT CASES)*
The charges differs from one court to another and the nature of the case before court, for example a labour dispute charges is different from land disputes.
*4. CAN A LAWYER CHARGE BELOW AMOUNT SPECIFIED?*
By the new order, a lawyer cannot charge below the minimum amount set out and must adequately give account to his actions and professional fees.
Charging below specified amount is an act of unprofessional conduct.
A lawyer's income is also subjected to withholding tax that must be paid appropriately.
Any lawyer that refused to enforce the new order in his professional relationship with clients is at risk of being suspended from legal practice for 3 years.
Help your lawyer to obey the law and pick no offense when a lawyer rejects to accept ridiculous amount as professional fees.
Let the lawyers breath.