15 Things You Need To Know About The 2023 Legal Practitioners Remuneration Order And 4 Reasons Why Lawyers Should Immediately Adhere Strictly To The Order In Carrying On Their Legal Businesses

By O.L. Udemezue Esq.

There has been a clamor for the Nigerian Bar Association to take decisive action to improve the welfare of lawyers, especially young lawyers. In a profession of law, this action can only be effective when it is done through the instrumentality of the law. The long-awaited change to the regulations regarding the remuneration of lawyers became a reality with the coming into effect of the Legal Practitioners Remuneration (for Business, Legal Service and Representation) Order 2023. Here are 15 things you need to know about this new innovative legislation.

1. The Law came into effect on the 16th day of May 2023. Some are of the opinion that the new Rule will come into operation in January 2024. That position, however, is untenable given that the commencement date of the new Order as contained in the gazetted copy is the 16th day of May 2023.
2. The law revoked and replaced the Legal Practitioners (Remuneration for Legal Documentation and Other Land Matters) Order 1991. (Paragraph 13)
3. The new legislation covers legal practitioners’ remuneration for business, legal services and legal representation unlike the revoked order of 1991 which covered only remuneration for legal documentation and other land matters.
4. The law contains 4 scales in the 1st schedule according to which a legal practitioner shall charge his legal fees as follows:
a. Consultations and Legal Opinions – Scale 1
b. Incorporation or registration of companies and business names – Scale 2
c. Litigation – Scale 3
d. Property transactions – Scale 4
e. The remuneration of a legal practitioner with respect to any commercial or other transaction or service not covered – Scale 5 (though the lawyer is entitled to charge a percentage-based fee)
(Paragraph 1)
(A simplified chart showing the minimum fees chargeable by lawyers with respect to legal businesses under the new Legal Practitioners Remuneration Order is provided hereunder)

5. Unless otherwise agreed by the parties, the fees contained in schedules do not include costs and disbursements. (Paragraph 3)
6. Every draft or copy of documents or instruments produced by the legal practitioner in the course of his work belongs to the client. (Paragraph 4)
7. The legal practitioner may opt to charge based on the provisions of Paragraph 2 of the Order provided –
a. He communicates his decision to so charge in writing to the client; and
b. The remuneration is not lower than those contained in the relevant scales.
(Paragraph 5)
8. A legal practitioner may accept from his client security for his remuneration and may charge interest of 10 percent on his disbursements and costs. (Paragraph 6)
9. A legal practitioner shall within 14 days from the date of instructions issue to the client written terms of engagement. (Paragraph 7)
10. Where the lawyer fails to issue written terms of engagement to the client and a dispute arises between the client and the lawyer relating to the legal practitioner’s fees, the provisions contained in the scales shall apply (Paragraph 7 sub-paragraph 4)
11. Fees chargeable on the scales provided by the Legal Practitioners Remuneration Order 2023 are not negotiable! (Paragraph 8)
12. Where a lawyer intends to charge lower than the scales provided, he shall apply to the Bar Remuneration Committee for approval or refusal. (Paragraph 10)
13. The law recognizes the right of lawyers to do pro bono legal services under the Legal Aid Act or for family members. (Paragraph 12)
14. Any lawyer doing pro bono service on grounds of consanguinity or affinity shall submit to the Remuneration Committee an affidavit disclosing the facts and circumstances justifying the pro bono work. (Paragraph 12 sub-paragraph 2)
15. The new Order divided Nigeria into State Bands with respect to the Remuneration of legal practitioners as follows:
a. Band 3 – Lagos and FCT
b. Band 2 – Akwa Ibom, Bayelsa, Benue, Cross-River, Delta, Edo, Ekiti, Kwara, Kogi, Nassarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau and Rivers States.
c. Band 1 – Abia, Adamawa, Anambra, Bauchi, Borno, Ebonyi, Enugu, Gombe, Imo, Jigawa, Kaduna, Kano, Katsina, Kebbi, Sokoto, Taraba, Yobe and Zamfara States

Why Lawyers Should Immediately adhere strictly to the Provisions of the New Order
1. It is the law.
2. The provisions of the new Order are binding on all legal practitioners immediately after it came into effect on the 16th day of May 2023.
3. Breach of the provisions of the new Order is professional misconduct. Lawyers are encouraged to report any breach of the new legislation to the Remuneration Committee. The Remuneration Committee shall investigate the reports and launch a report to the Legal Practitioners Disciplinary Committee if a case of infraction of the new Order is established. (Paragraph 11)
4. Any deviation from the provisions of the Order shall be agreed upon by the lawyer and the client and shall be ‘in strict compliance with provisions of the Order (Paragraph 8 sub-paragraph 2)h

The leadership of the Nigerian Bar Association must be commended for the efforts made to bring this new law into place. It is also a laudable feat that the new law covers most aspects of the service which a lawyer can render to a client. What is more, failure to adhere to the new law is professional misconduct. The allegation has been rife in the past that some lawyers undercharge and reduce the earning capacity of their fellow lawyers and juniors by consistently charging ridiculously low rates for legal services. The question now is, who are the lawyers that would prefer to face a charge of misconduct because they don’t want to charge according to the rules of their profession? We shall soon find out.

Credit: Barristerng