The reality is that Information Technology has come to stay and has totally revolutionised the way we live – from job placements and interviews to social meetings to financial transactions and of course, legal practice.
Of course, the presence of law firms having an online presence is not exactly new, with Virtual Law Offices (VLOs) existing for almost a decade and operating without any brick and mortar struct, but this is not the same thing as the concept of Legal-Tech/Lawtech, which is defined by one perspective as the use of technologies that aim to support, supplement or replace traditional methods for delivery of legal services, mainly in service delivery packages revolving around the following:-
– Document Automation.
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– Advanced chatbots and practice management tools.
– Predictive Artificial Intelligence(AI).
– Smart legal contracts.
– Knowledge management and research systems.
This definition goes further to describe the Lawtech subsector as consisting of law firms delivering legal services through Technology & the vendors that develop and supply technology solutions to those firms.
In the Western world, we already have trailblazers like RocketLawyer , Legal Zoom, Avvo & LegalMatch which are digital platforms aimed at making legal services of a mostly non-dispute resolution nature more accessible and affordable to the public.
So this means that Lawtech can serve as a means for investors and entrepreneurs to tap into the business potential Legal practice holds in Nigeria right? Well, not exactly , and this is the focus of this article, because in all of this, the Nigerian Legal Profession is still very regulated.
What is the Regulatory Framework governing the Legal Profession in Nigeria?
The legal profession in Nigeria is governed by the Legal Practitioners Act(LPA) and the Rules of Professional Conduct (RPC) through the Body of Benchers, the General Bar Council, the Supreme Court of Nigeria, the Nigerian Bar Association (NBA), and the Legal Practitioners Disciplinary Committee (LPDC).
Can i offer legal services in Nigeria through a digital platform even without being a lawyer?
No you can’t, not even with a lawyer in your employment.
The LPA clearly states that you cannot :-
– Publicly present yourself as a lawyer.
– Make a misrepresentation by the use of any name, title, addition or description falsely implying that you are a lawyer.
– Prepare any documentation as a lawyer EXCEPT –
a). You are a law pupil, clerk or servant in the employment of a lawyer.
b). In relation to documentation on property in which you have an interest e.g. a Tenancy agreement.
c). In relation to litigation or dispute resolution proceedings to which you are a party.
d). The writing of wills.
e). For recording purposes to be used in Litigation and Dispute Resolution proceedings.
Holding yourself out as a lawyer when you are not can earn a 2-year maximum jail sentence.
Okay, but can i operate a Digital Platform for marketing legal services in exchange for a cut of Legal fees as my profit?
No, that would constitute touting and aiding the unauthorized practice of law that can also get you in jail and get the involved lawyer disbarred.
Can i invest in a law firm as a silent partner or as a major shareholder?
No, you cannot. That is because the Rules of Professional Conduct state that :-
– Law Firms cannot engage in partnerships with non-lawyers or foreign law firms for the practice of law in Nigeria.
– Legal Practice cannot be carried out as a corporation or in a company structure limited by shares.
– Legal services cannot be exploited or controlled by Intermediaries such as companies and agencies.
I am a lawyer and i wish to operate a Digital Legal Consultation & Company Registration Service operating via an automated chatbot. How do i advertise this service?
You can advertise this service as long as :-
– Advertisements are not misleading .
– Advertisements are in compliance with the RPC.
– Advertisements are fair and proper.
– Advertisements make no comparison with other lawyers or other professionals like accountants.
– Advertisements don’t become so frequent as to cause annoyance.
– Advertisements don’t engage in acts of ambulance chasing like publicly inciting litigation.
– Advertisements are not self-aggrandizing.
– Advertisements are not carried out via Television, Radio and Newspapers.
– Advertisements do not rely on brand endorsements.
I am an entrepreneur/Techpreneur and i want to start a Nigerian version of LegalZoom and Rocket Lawyer. How can i engage in services of this nature as a non-lawyer and as a company/corporation?
You can engage in services of that nature in the following ways :-
– By investing in Legal Support Services(services aimed at providing tech support to lawyers and Law Firms) such as case search and law reporting AI services like LawPavilion(a Digital case and statute law search system) and EVA (an automated chatbot system focused on case law search support services).
– By investing in RegTech (Regulatory Technology) platforms rendering DIY (Do-It-Yourself)services that are strictly not classified as Legal services but are best han e.g. Digital Business contract smart generation services, Land title search services, Business licensing Chatbot Consultation services, IT/SLA smart contract generation platforms, Digital Company Secretarial services, digital AML/ CFT/Data Protection Compliance services, etc.
– E-filing services.
– Giving tripartite loans for interest to law firms through lawyers to be registered as charges with the Corporate Affairs Commission.