律师助理实践的问题、挑战和前景:NBA在尼日利亚的作用-À-Vis诉诸司法

Macaulay J. D. Akpan
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引用次数: 1

摘要

目的:本文考察了尼日利亚法律实践的紧张程度,这在法律从业者职业行为规则的现有规定中很明显,这些规定禁止非律师在尼日利亚从事法律实践。然而,有人认为,借鉴其他地区律师助理的做法是相当合理、有益和有尊严的,在这些地区,律师助理是受过法律和法律实务训练的人,和/或按照这些不同司法管辖区律师协会有关机构提供的准则行事的人。研究方法:本文采用理论、描述、规范和分析的研究方法。研究结果:这项工作发现,大多数律师在他们的文章中表达了普遍的担忧,即引入律师助理的做法会打开竞争的闸门,并在法律职业中出现更多尖锐的做法。结论:大多数律师建议,律师助理的做法不应该鼓励在尼日利亚。然而,其他一些人欢迎这个概念,前提是律师助理的做法得到良好的规范和精简。建议:尽管如此,本文建议,除其他事项外,虽然设想的律师助理实践条例受到欢迎,但有必要冷静地考虑整个概念。这样做的目的是为了评估其潜力,以减轻律师在对其客户履行专业职责时经常翻查、提炼和辨别的日益增加的工作量所造成的固有的职业压力。因此,与适当的个人和公司人寿保险单相比,这将延长法律从业人员的寿命,从而提高律师助理和合格律师的生产力和财务自由。
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Issues, Challenges, and Prospects of the Introduction of the Practice of Paralegals: The Role of NBA Vis-À-Vis Access to Justice in Nigeria
Purpose: This paper examined the uptightness of the legal practice in Nigeria as evident in extant provisions of the legal practitioners’ rules of professional conduct which prohibit non-lawyers from the practice of law in Nigeria. It is however, posited that it would be rather reasonable, beneficial and dignifying to borrow a leaf from other climes where the practice of paralegals-persons trained in law and law practices and/or under the guidelines provided by relevant bodies of Bar Associations in these different jurisdictions, is in vogue. Methodology: This work adopts doctrinal, descriptive, prescriptive and analytical research methods. Findings: This work found that most lawyers in their write-ups expressed general apprehensions that the introduction of the practice of paralegals would open the floodgate of competition and more sharp practices in the legal profession. Conclusion: Most lawyers suggest that the practice of paralegals should not be encouraged in Nigeria. However, some others welcome the concept provided that the practice of paralegals is well regulated and streamlined. Recommendations: Nevertheless, this paper recommends, among other things, that while the envisaged regulations for the practice of paralegals is welcomed, there is a need to consider the entire concept dispassionately. This should be with a view to assessing its potentials in terms of its capacity to ameliorate the inherent occupational stress arising from the ever-increasing workload usually rummaged through, distilled and discerned by lawyers, in the performance of professional duties to their clients. This, therefore, will elongate the lifespan of legal practitioners vis-a-vis appropriate individual and corporate life insurance policies in place, with attendant improved productivity and financial freedom both to the paralegals and qualified lawyers in view.
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