🎇NAMLAS ONLINE ACADEMIC DISCUSSION🎇
Topic - STUDENTS' LEGAL PRACTICE: CHALLENGES AND WAY FORWARD
Delivered by - HON. JUDGE A.A KETU
Assalãm Alaekum Wa Rahmotullah Wa Barakãtuhu
The topic of discussion will be discussed under the following headings;
1. What is Students' legal practice?
2. What are the challenges?
3. What are the way forward to those challenges?
*What is student legal practice?
It can simply be explained as the act/art of practising the law while still learning it. It is doing an act or art which a lawyer or a judge does. Then, what does a lawyer/judge do? A lawyer gives legal advice, draft legal documents, gives legal opinion, advocate for his clients and many more while a judge presides on cases, evaluates facts and legal argument, gives legal verdict, grants Orders and Prayers etc.
In our context, where students engage in this arts/acts, it will be called Student Legal Practice. It can be understood that students' legal practice is not restricted to the bar but you can also practice from the bench as a student. The most commonly means of practice in our jurisdiction is adjudication, therefore this discussion will feature more situation from the court room than other aspects of legal practice.
Having explained what student legal practice is! It is a known fact that every endeavour will have challenge(s). As a student who engages in legal practice, there are possible challenges that such person will encounter, they are thus;
1. Striking of balance between Academics and Legal Practice
2. Discouragement/Disappointment
3. Time-Management
4. Impromptu challenge
5. Frustration
(The list is not exhaustive)
Academics vs Legal practice:
Our primary agendum in the school premises is to bag our LLB. (Hon.) Degree. Some students resolve to engage in other activities which include students' legal practice within the school premises. The foremost challenge is how to strike balance between Legal practice and Academics. The battle may not be tersed from the beginning but it will come to a stage that you will be thinking of jettisoning one for the other. It had happened that I had assignment to submit and a judgment to be delivered all within the same deadline. You will have court sitting within the time you suppose to be preparing for stipulated or impromtu test. Then, you will be faced with challenge of maintaining a balance between the two or even more activities.
Disappointment/Discourage:
It is part of life to encounter disappointment. This may discourage one to continue the practice. In our jurisdiction, there have been occasions where parties and their counsels will have been around but it will be inevitably necessary to adjourn the case due one reason or the other. Students who are sacrificing their leisure time for the legal practice will be disappointed by this situation. It happened a day that a Counsel come to court so late and he was arguing that his client's right to fair hearing would be breached. The excuse he gave for lateness was that I slept off. In another situations, court will be on ground to hear the case, before you know it parties are not where to be found, there will be no option but to give the parties another opportunity. All these situations among others can be from either bar or bench, it is a disappointment to the parties who are at the receiving end. The victim can be from the bar or the Bence. These are discouraging situation among others that students who engage in legal practice will face.
Time-Management:
Time is said to be precious, it moves so fast whether notice or unnotice. In our Jurisdiction, the time for Court sitting is closed to dawn so much that at times, there will be need to lighting the court room with torch light. Upon finding yourself in the realm of Students' legal practice, time-management will be a challenge. This is because a court proceeding is like a war, you know when it starts but you cannot foresee when it will end. There will be different issues and matters on which every party must be heard on merit, (we all know the principle of fair hearing and the implications of not fulfilling same). Before you know it a lot of time will have been spent. If you have a plan to do any other things after court sitting, you just need to know that you are practically deceiving yourself. At time, you will have a very limited time to prepare and serve court processes on the adverse party, the court is not ready to listen your excuses for failure to comply.
Impromptu challenge:
In students' legal practice, you will be faced with unforeseeable situations and issues. At times, you will come to know new laws and legal positions in the court room, this point of law can even be the basis upon which your case can be struck out. This is not a challenge to the bar but also to the bench, there was a time that issues like Academic Suit, Amicus Curea, Order of mandamus, locus Standi, public officer, Pre-action notice and many more had generated opporibum in our jurisdiction. These are sideline issues that doesn't concern with substance of the case. Still, they must be resolved one way or the other, counsel must give legal opinion and positions on them. As a student that engages in Students' Legal Practice, this is part of the challenges that are faced in the system.
Frustration:
Our engagement in Students' legal practice is not without frustration. As a student lawyer, you will be encountered some arguments that are sweet and melodious but they are not legally danceable. At time, the adverse may not show up in court without any prior notice. You will be faced with numerous preliminary objections on both substantive and procedural aspect of the law. The preliminary objections may or may not be necessary but it must be heard once raised. It happened in case where claimant did not signed copy of court processes served on the defendant, the case was struck out on that basis. A student who printed the court processes with his money and without any hope that he would be paid, such person will be frustrated but there is nothing court can do than to ensure serenity.
As student judge, there is nothing that motivates us other than sitting on cases and the name. At time, court will need to be teaching counsels what they suppose to have learned from their principal. I could remember a day when a Counsel compared court with the market where you could talk out of turn, it was not funny. The court has be battled with securing a venue for its sitting, there are several cases of lateness and flaunting court orders. All these cause frustration which is also a challenge to any student that finds themselves in legal practice in the school
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WAY FORWARD
1. Proper planning and preparation
2. Reasonable placement of priority
3. Be professional
4. Personal Development
5. Self Determination
6. You should always have reason(s) to continue
Proper preparation and planning:
Planning is important in any action one wants to take, in order to strike balance between Academics and Students' legal practice, one should have practical plan for both. It is said that one who fails to plan is planning to fail. As a student, you must not forgo you academics likewise you must not contempt Students' legal practice, if you want to be successful either as judge or lawyer during your studentship. You should also make proper use of your time by planning ahead of situations. No matter how good your plan is, it must be SMART (Simple, Measurable, Articulate, Realistic and Time-bound), otherwise you are deceiving yourself.
Reasonable placement of priority:
We were taught in Economics that human wants are insatiable, as such the wants should be place on scale of preference. You must know how to prioritise your goal and time. Your priority of interests should be reasonable. A rogue was once asked, 'why didn't you participate in the fight, he replied, 'it is not coward but one must know when to step in and when to back off'. As a student, you must know when to step in and when to back off.
Be professional:
In any endeavour, there will be situation that will warrant emotional reaction. Nevertheless, either as a lawyer or judge, you should not be emotional but be professional. You need to have control over your anger and emotion. In any discouraging or frustrating event, you should handle same with caution and care.
Mentorship:
New wigs or starters in Students' legal practice should attach themselves to person they believe can guide them properly. It will facilitate quick blending into the system.
Self Determination:
Every student engages in Students' legal practice for certain reasons and goals. There should be strong determination to achieve our main aim. It is said that if your goal is not big enough to force to act, it is better you reset it. We should not look at the odds because they are scary, we should only concentrate on the goal and be determined.
You should always have reason(s) to continue:
It is said that if life gives you hundred reasons to give up, you should show life infinity reasons to continue. The challenges are not stronger than what we have surmounted in the past. We should raise up to them and emerge victoriously.
Above all, we should always involve Allah in all our endeavour.
Moderated by:
NAMLAS ACADEMIC SECRETARIAT
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