What Lawyers really do - By Odunayo Grace Olajide

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The exact terminology for the word "lawyer" varies throughout the world. Attorney, counsel, barrister or solicitor are all various names given to lawyers. The origin of the profession dates back to ancient Greece, when orators spoke on behalf of friends or citizens at their request. Although they acted as legal counsel, according to Athenian law, orators could not be paid for their services, nor could they organize themselves as a legal profession.

So what are the functions of lawyers?

SOME OF THE THINGS LAWYERS DO ARE BUT NOT LIMITED TO:

1. CONSULTATION AND LEGAL ADVICE:- Prior to taking any step that involves legal matters it is best for a person to consult a legal practitioner who are professionals in that field to avoid falling a victim of wrong or illegal transactions .

Legal advice is often offered after a legal practitioner has been briefed about an issue, the lawyer will advise the client of the next or right step of action to take in other to safe the client from entering into wrong transaction.

This type of advice is considered legal because the legal practitioners dish it out from the vast knowledge, experience of law and legal training of the law acquired so far.

During this process, after the legal practitioner has been fully briefed the client would be asked what exactly he wants the lawyer to do for him. The legal practitioner will thereafter advise the client on the legal way and manner to go about the issue tendered before him.

The major challenge of consultation and Legal advice is that, many people perceive it as a waste of money, as they prefer to take calculated and uncalculated risk rather than consulting a legal practitioner.

Worthy of note is that, lawyers don’t stock physical goods in their offices that can be exchanged for money, but they have over the years stocked training, knowledge, experiences and a vast knowledge of the law to carry out their professional activities.

Consultation and legal advice is not a free legal service a legal Practitioner should be well compensated for consultation and legal advice, as information is power.

2. ENGROSS LEGAL DOCUMENTS:- Legal practitioners are also trained to draft legal documents , which includes but not limited to contracts agreements, hire purchase agreement, deed of assignments, notices and many more.

A legal practitioner put into writing, the right words, phrases, clauses and sentences in the best ways and manners in the documents prepared. In the preparation of the documents the lawyer, considers the interest of the clients, the provision of the law and the both are considered together in protecting the interest of their clients.

A lawyer will also prevent or advise his clients as much as possible from venturing into an unfavourable agreement. A lawyer assist a client to proof read, study and examine word for word any document prepared by a third party for the client and they advise the clients accordingly either to proceed with the contract, agreement or not to proceed. Legal documents prepared by a legal practitioner are always sealed by the counsel.

3. CORPORATE LEGAL DUTY:- The corporate and commercial duty of a legal practitioner are numerous, either to individuals, corporate bodies, government and international bodies.

Lawyers help in the registration of business names, incorporation of companies, advice client’s before entering into a contract, makes necessary research and findings in the event of merger of companies, register non - Governmental Organisations, Religious Organisations and many more.

After the registration of a company, the legal practitioner if engaged further, helps with filing the necessary documents at the corporate Affairs Commission.

Some companies create legal departments that are solely responsible to take up any of the companies legal matters, legal documents, contracts and offer legal advice when necessary.

Another corporate service engaged by lawyers is, Interllectual Property related matters e.g to conduct search on trademarks, registration of trademarks, registration of industrial designs, copyright matters e. t. c. Also, an intellectual property lawyer advises his client on the necessary actions to be taken when his copy right has been or is likely to be infringed upon.

Taxation issues too are part of corporate work. When a person is faced with the challenge of the amount to be paid as his/her tax, he can easily approach a lawyer to know how to go about the legal calculation of tax and when it should be paid.

4. LITIGATION:- Alot of persons misconstrue the duties/job of a lawyer to solely litigation . Some believe a lawyer’s job is to help get you out of trouble, not knowing that lawyers also assist you from getting into trouble.

The wrong notion is that the duty of a lawyer is solely within the four walls of the court. A lot of people state they don’t need a lawyer, noting that lawyers are only required when in trouble or when you intend to sue someone else.

Litigation involves court matters, tribunals and settlement of disputes between and among persons which may or may not attract punishment. This aspect of law is just one of the roles of a legal practitioner; lawyers are not limited to it. A lot of client’s believe this is when a lawyer should be remunerated alone.

5. RECONCILIATION OR DISPUTE RESOLUTION:- lawyers help to settle disputes when necessary, without necessarily using the machinery of law.

When legal practitioners are briefed, they sometimes advice the clients to resolve the dispute amicably if it is observed that it’s a simple matter which can easily be resolved amicably between parties, without invoking the machinery of the court.

This role is however subject to the approval of the client, if the client insists on proceeding to court the lawyer will be left with no other option than to be subject to the wish of the client.

6. PROBATE MATTERS:- This role is also played by legal practitioners. Legal practitioners help in writing of wills and registration of the wills at probate Registry.

Legal practitioners also assist in obtaining Letter of Administration, where a person dies without a will and there are properties to be administered by the family of the deceased or they cannot sometimes access the bank account of the deceased.

Worthy of note is, wills are not only made by the aged or people that are ready to die, it is prepared by people who want a proper administration of their Estates after their demise which can happen now or later.

Wills are also not prepared by the male gender alone; it can be prepared by the both genders that as properties to be administered after demise and people who want a proper administration of their properties. Yes, the major reason people make a will is for proper execution and administration of their properties after death.

However, a person can indicate where and how to be buried in the will and sometimes to foster good relationship between relatives after death by his/her words of admonition in the will.

7. ADMINISTRATION OF ESTATE AND MANAGEMENT OF PROPERTIES:- legal practitioners help to manage clients properties where they are consulted to play the role by a client.

Legal practitioners sometimes acts as Attorney or Agent on behalf of the clients where necessary and upon instruction by the client.

The legal practitioner and the client will agree on the remuneration of the legal practitioner and how he will be remunerated. A lawyer also assists in Mortgage transaction which also has to do with properties.

CONCLUSION

The above stated duties or roles of legal practitioners are merely a tip of the iceberg of the activities of a lawyer, the writer only mentioned a few.

It’s best to contact your legal practitioner when necessary to avoid getting into wrong transaction, as lawyers also help to avert problems.

Odunayo Grace Olajide is a legal practitioner.

Email; odunayograce18@gmail.com.

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