Saturday 8 June 2013

Advertising for Lawyers;Freedom meets Prosperity

          Advertising for Lawyers: Freedom meets Prosperity
By Chidi Nwachukwu
 
The legal profession is one of the most respectable professions in the world nay Nigeria . But has advertising made any difference? Are Lawyers more respected or richer in jurisdictions where the Law allows for full blown advertising than where it does not. This tiny piece of work will make an attempt to answer this question at least as I see it.
 
The standard argument is that Lawyers are not allowed to advertise in Nigeria . But if the gallery of rules in rule 39-44 of the rules of professional conduct does not permit   advertising, then what is it? For instance, rule 39 says, subject to paragraph 2 and 3 of this rule a Lawyer may engage in advertising or promotion in connection with his practice provided it (a) is fair and proper in all the circumstances and (b) complies with the provision of these rules. Rule 39 (2) says that  Lawyers shall not engage  or be involved in any advertising or promotion of his practice of Law which ( a) is inaccurate or likely to mislead (b) is likely to diminish public confidence in the legal profession or administration of justice or otherwise bring the legal profession into disrepute
 
Generally, the above rules forms part of business ethics that is common to other business enterprises. So the question should be, how much advertising do we need in an environment of predominantly illiterate public who barely know what Lawyers do.
 Nigerian Lawyers in practice already advertise their trades through interviews, articles, public lectures e.t.c. What is yet to be seen is putting up billboards or promoting their practice through the print and electronic media. We are yet to see Lawyers holding signboards in public places urging passersby to come for quick divorce as accounted by Funke Aboyade in her recent article.
 
The idea that advertising for Lawyers could injure the reputation of the profession or give room for unnecessary competition that may promote mediocrity is already oversold. Such position has lost its meaning in the context of global trade where business has gone borderless including legal services. If we look critically at other industries such as Banking, we will realize that advertising only help to sharpen the skills of operators thereby drawing more customers or else they will wither.
 
Contrary to the fears of many, full blown creative advertising on the billboards, radio or television will only force Lawyers to retool their skills or loose their clients to those who appears better. Simply, it will lead to healthy competition as long as the rules are complied with. It will also give better branding to Lawyers especially to those cynics who think that Lawyers are not known beyond noisy radicalism.
 
The most powerful point to note is that, through advertising we educate the society about what we do and how we do it. Most Nigerians do not know Lawyers beyond courtroom business, the reason why they report virtually every incident to the police including contractual agreements which should ordinarily involve Lawyers.
When society understands the rules of justice and how easily Lawyers can help them resolve their conflicts either on business claims or divorce because we cannot pretend that these things happen, it keeps them away from self help.
 
With full blown advertising, the legal industry will definitely generate more money and provide job opportunities for many and  of course more respect. This is more so as a recent study found that a freer a country is, the better its citizens are. Freedom here includes allowing Lawyers to advertise their services to the public in the Languages they understand.
 
We must not undermine the service sector in which the legal profession belongs because it provides a great number of jobs in most countries .As a country introduces more freedom its economy also begin to grow as shown by the heritage foundation                     ( a conservative think tank), which prepared  an index that measures the impact of laws, regulations and government polices on the economy. The index classifies the government of Singapore and the United States as among the least restrictive And those of Russia and Cuba as the most restrictive. The result is that Singapore and United States are relatively wealthy countries as against Russia , Cuba or Nigeria :
 
Full blown advertising for Lawyers in Nigeria won’t hurt, it will only help.
 
Nwachukwu, Barrister and Solicitor is also a development consultant and contributed this piece from the INSPIRE KEBBI initiative Birnin Kebbi, Kebbi State 

No comments:

Post a Comment