Friday, 14 October 2016



TAKING THE FRESHERS ON A LEGAL EXCURSION TO THE DISCOVERY OF SELF


Hurray! Your dream of becoming a lawyer is fast approaching, Congratulations!
 It is not fiction that you have all heard of studying law at the University, whether through family, friends or films. It is difficult to know what it really does involve and there is no shortage of stories out there, from the most accurate to the utterly fantastical. This article should debunk a few myths, confirm a few and make sure you know what you are figuring up for when you fill in that application form. It includes a little advice to help you settle into law student life that bit quicker. Law is a great subject to study at University but it does have its challenges:
Here are what you can expect.

(1)   There is a lot of reading
Just to get the scary ones put off the way first
Do not under estimate how much reading a law student have to do. It is difficult to explain how much reading a law degree involves other than to say there are a lot of law books. Law students get a reputation for clocking up the library for hours because each week you need to learn what law actually is. There is actually an art in reading and you will get all the advice you need from older students when you first arrive, but it does take a while to get used to the Faculty of Law and LAWSAN as a whole. That said, by the end of the first term, and after a brawl with legal methods, you will not believe how quickly you can pick up and find the important passages from a case. Just be ready for the inevitable long nights when you need to stay up getting through an endless reading list. If you manage your time well, self-imposing a schedule for getting reading done, you will surmount.


(2)   There is a rat race, but you do not need to join it
Do not let competitive classmates scare you. Being a law student is what you want it to be. The flexible hours of a law student give you opportunity to get involved in student activities in LAWSAN and beyond. Perhaps I am giving the impression that law students spend their whole lives in the library learning statues back to front, this just isn’t true. University is exactly what you make of it and that will eventually and should involve meeting some of your best friends and many of your future colleagues.

(3)   Get involve in students activities
Getting involved in as many student activities as you can make time for and at the same time, having the odd quiet night of reading, make you a balanced student. Make the most of it. The extra-curricular activities can be really rewarding for yourself and others. Some mooting, even though it is quite scary, it does wonders for your public speaking. There is no “single law degree experience”, much as there is no single ‘University experience’ choose what you want to make your priorities over the five-year period, as long as you always make time for your work.

(4)   Everyone is going to ask you legal advice
Somewhat ironically, the more law you know, the less confident you become, and so, be ready for legal consultations from everybody who is not lawyer or law student. There comes a time where you learn about liability for giving advice and accepting responsibility. This is even more so that you as a Part I law student. No one cares, everyone out there expect you to know the law. I remember I gave a legal advice to a medical student on matters arising from negligence while I was still in my first year in law, two years after I started the Law of Tort, I realized how hilarious it could be, but the fun of it was that the other guy did not notice the defect in the advice. For some reason, everyone assumes that the law students are over flowing fountains of legal knowledge to be tested at will. So if your give advice, be sure to add disclaimers

(5)   Pay attention to Tutorials
The workload becomes easier if you are well organized and focused on working efficiently. The planning ahead early and prioritizing work over play will guarantee a sure future in the Faculty. You will have lectures, then you will be assigned reading to do, and answers to prepare for your tutorials and presentations I was unlucky enough to have tutors who would use tutorial as interrogation sessions to highlight your deficiencies in knowledge of the law. In hindsight, these methods of teaching clearly work. Keep up with the tutorials, attendance is crucial to your success in any exams. You must be in class to learn and you must be on time and avoiding the disturbance of a late entrance. Ask questions and pay attention to other questions asked by others. Volunteer an answer or response when a question is put to the entire class. Give your lecturers and classmates the respect and courtesy they deserve, do not appear too important to mingle, do not judge other of your classmates, be polite and be friendly, you must be found worthy in learning and in character.

(6)      Social Stereotypes of Law Student
Finally, a series of phrases you will have to get used to hearing. Get thinking of good responses. “Oh, you are studying law? May be you can help me some day if I get into trouble”
 “Oh! These law students sef”
 “Is he/she a student? No wonder”.
 “They say law students belong to secret societies, is it true? I can see you have sold your soul to the devil for riches”
“How can you defend someone you know to be guilty? You lawyers are heartless and cold-blooded” etc.
 When you start learning the law, you will laugh over these stereotypes.


Master the law questions

There will be a lot of reading to do and you will require close attention to detail. The “sharp mind” you need for studying law comes in different varieties, and each demands a particular mix of certain skills. Law requires both absolute command of the details of legislation and cases and a wider view of how different areas interlock and what they aim to achieve. This is shown most clearly in the two main types of examination question.
(1)               Problem question require you to apply the law to very specific (and sometimes outright preposterous) factual patterns and explain why in this specific set of circumstances a piece of legislation or principle of law would/could apply in a certain way. Your need to known the legislation and the case law, by heart. If you do not know part of the case law or the required legislation it is an area that can lose you marks or narrow down the number of points.
(2)               Essay question: Requires you to make a broad point using specific examples, so you need to have a whole arsenal of example at hand. Basically, you need to remember a lot of things, and you need to be prepared to sit down and learn cases and cram them, for exams.
In conclusion, be resilient, stand your grounds on issues, study and stand out of the crowd.
CONGRATULATIONS!
UWEMEDIMO DOMINIC
LLB IV
IVY LEAGUE LAW FIRM AKA UDO UDOMA CHAMBERS

N/B: FOR RESOURCES ON HOW TO ANSWER LAW QUESTIONS AND SOME ACADEMIC ASSISTANCE, CALL 08100880230.

Sunday, 25 September 2016

EVERYDAY ASSAULT IN NIGERIAN UNIVERSITIES

Akpan a 19 year old Law Student in the University of Uyo just walked into the school environment. Not too far from his hostel, a group of boys surrounded him and told him that if ever they were reported to the hostel guard for their misconducts in the hostel, he will be dealt with. One of the boys brought out a gun and showed it to Akpan and asked if he understood. Akpan nodded his head in fear.
  As he lay on his bed that night, he was in fear as he pondered on the threat he just received.

His mind went back to class and all his Lecturer taught on Assault as defined by Section 252 of the Criminal Code provides that a person who by any bodily act or gesture attempts or threatens to apply force of any kind to the other person without his consent, in such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect his purpose, is said to assault that other person and the act is called an assault and this was exactly what he just experienced outside his hostel.
 He went on remembering that it requires that where a person attempts or threatens to apply force on another person he shall have actually a present ability to effect his purpose. This therefore entails that once a person has the ability to act on his threat, it is regarded as an assault regardless of whether the person lacked such intention because a person cannot attempt or threaten to do something unintentionally. This also made him realize that the presence of the Gun going along with the threat helps to prove his point.
  He also remembered when the Tutorial Lecturer also added in class that It is believed that Nigerian courts hold that there must be caused in the victim's mind some expectation of immediate force even though Section 252 does not expressly states this. However, it is not necessary that the victim's state of mind should be one of fear or alarm, it is enough if he merely expects the application of unlawful force. In Brady v. Schatzel, the court held that an assault was committed even when the prosecutor stated he was not a bit scared when a loaded gun was pointed at him.
  Still on his bed he remembered what himself, Emeka and Bayo were discussing last night while reading together that for assault to constitute an offence it must be unlawful. If such conducts are authorized or justified by law (see Brett v. McLean), it is not considered an offence. Where an assault is committed in the course of executing sentence or warrant of a court authorized by law provided the act constituting the assault is duly authorized by the court expressly or impliedly, is not considered an offence. Iman a Senior Colleague reading close to them also added that where a conduct such an operation or correction is for the benefit of the other and the person understands this benefit or the reason for the correction, it is not regarded as an offence. “Those boys had no such authority and such threat is definitely not for my benefit” he said out loud.
  Later that night, while Akpan was still pondering, his friend, Kunle, a fourth year law student came to his bedside and seeing Akpan's mood asked of his problem. He explained everything and when he was advised to call his dad, report the issue and his dad would help him file a petition another of his roommate said he should rather report to the school authorities and not take things that far. They argued for a while confusing Akpan himself.
 As students, we might encounter various forms of assault and it is expedient that we have at least a little knowledge of what assault entails. 

Please advise Akpan on what to do and if you were in his shoes, what will you do? COMMENT BELOW! SAVE A LIFE!!

Friday, 16 September 2016

FIVE ROADBLOCKS YOU'D MOST LIKELY HIT FIRST YEAR AFTER LAW SCHOOL

   So the easier days have come and gone by now. NYSC year (not counted this year when talking about the first year after Law school) arrives and it's done and over with. And then it's time to face the real world; of Court Cases and Clients and hopefully, favorable Jurys and Upright Judges.  Well, I'd tell you this. Your first year? Yeah, you'd definitely have some flops. It's normal. Sorta.  Others have and have survived. Doesn't mean you have to carry out these same errors too, especially when it's listed out here for you to avoid as often as you can. Let's get on with it, shall we?

 1. Sitting At The Wrong Side At The Bar Table:
 The commonly held perception of this is:  The Police on the left and the Lawyer gets the right. However, simply because each court and each magistrate has it's own peculiar rules, jumping into assumptions might turn out to be an action that could be rather embarrassing at the end of the day (and as a fresh-out-of-the-oven Lawyer, nothing is more unappealing.) Whether you're expected to stand, and the spot at which to or to be seated depends on the proceedings. In Pretrial cases, a Lawyer is often expected to stand by the Counsel, in front of the Judge or seated. At trial, Lawyers mostly sit at the counsel table and are expected to be upstanding when addressing the Judge or questioning as a Prosecutor, while Prosecuted persons/witnesses are expected to be seated closest to the Jury Box.  Do your homework. All the time.

 2. Mediocre Legal Writing And Proof-Reading Skills:
Typographical errors, Grammatical mistakes, and  misspelt words can be a glaring sign of a lackadaisical attitude towards your responsibilities in the long run. This is why it is important to strive to put together your documented drafts, statements and notes with utmost care and attention. Go over affidavits and figures and citations properly. All citations mentioned should be as specific, concise, convincible and consistent as possible. The commonly exhibited errors; wrong use of punctuation marks and abbreviations must be avoided. "It's" differs from Its. "Am" is distinct from "I'm." Dates should be properly affixed, monetary amounts in numerical and written forms. Statements going to the court must be penned with utmost formality and deep regard.  Put your words and sentences together in a proper manner because one word could make plenty difference (which could be a good and a bad thing. Proceed with caution.) All of these at the end of the day add up to just how respected and regarded you'd be perceived by peers, clients and seniors and all others.

  3. Lack Of Respect For Deadline:
All legal projects naturally come with extremely tight schedules. Religiously sticking to deadlines, due dates, multi-tasking and prioritizing obligations is essential. At the beginning stage, it's easy to succumb to the belief that you have your senior members, administrative team and other staffs to keep track of these things and monitor you overtime, to ensure due dates are duely met.  And you do! (As a beginner. They sure as hell won't let you mess it all up. Lucky you, eh?) However, this can eventually lead to over-reliance and would eventually be perceived as lack of seriousness. Endeavor to inquire of deadline, important calendar dates, and carry out follow-ups when need be.  It's rather dangerous to always assume that senior attorneys that you're working on a case with have all these important data in mind unfailingly. What we don't recognize is that Senior Attorneys regard the Junior staffs underneath them as a means of lightening their burdens while they simply carry out minuscule reviews and give much-needed answers to whatsoever questions you may have, and they would naturally expect you to live up to the task. They would expect that you take charge of assigned cases with dexterity, passion and the right attitude. All these safeguard ethical standards, your accountability and the good-standing reputation of all of whom and what you're representing.

 4. Client-to-Lawyer Relationship:
Formation of a tight-fitted and cordial (to an extent) relationship with a client assigned to is equivalent to overall success. It would most likely strike you as somewhat stressful and burdensome as a result of all the procedures involved, but to be able to carry out your duties properly, get adequate information, and even have a couple of ideas how the case would most likely go down, it is your duty to ensure there are no secrets or loopholes with probabilities of springing up in the nearest future and diming the chances of a successful case. Put it the effort to get along with your client as naturally as possible. Take notes frequently, take notes in your head. Exhibit unity, even in court. It helps so as to be prepared for anything. Many Lawyers who have been in this Profession for a good number of years usually tell of how startled they are when advocates for clients don't follow the correct appeal procedures, when judgments are passed on a client they're apparently defending.  What is expected that the Client and Advocate exit the court to confer and agree and then the advocate seeks appeal at the registry and if possible, bail.  All as orderly and calm as possible.

    5. Inability To See The Tactfulness Of The Profession:
  Not every Profession operates strictly under the 9-5 work hours of the average job. Just like Doctors, not every obligation would be convenient.  Client's needs could spring up at odd hours, weekends or off days. Notwithstanding, as a Lawyer, it is your obligation to respond to such needs when critical, and with great tactfulness. It won't be your most favorite time at the job, no doubt about that, but it shouldn't be regarded as optional either, and don't start making the mistake of expecting others to clean up after you and cover up during those inconvenience hours, if it can be avoided. The Quintessential Lawyer is one who should be grounded and prepared to give it all to keep the client happy. Ask questions, read advance sheets, consistently learn, and keep in mind always that your reputation and perceived Integrity is the biggest thing you have right now. All of these immensely contribute to advancement and promotion up that ladder.

 So there you go. Run from these ones. Go ye forth, and rule your world - Glo (Oh yeah, and love what you do too! It's important.)  

Written by: Imaobong Asuquo (Student, Freelance Writer, Personal Development Blogger at LemonsLemonade.com)

 Brought to you by Ivy League Law Firm