Archive for July, 2009

July 30th, 2009

Goodbye House of Lords | News | The Lawyer

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Goodbye House of Lords | News | The Lawyer. As of today, 30th July, 2009, the UK House of Lords ceases to exist as we know it. This was published by The Lawyer.com.

For those who trained in Common Law jurisdictions (like I did), the House of Lord is sacrosanct; or at least, we were taught to view it that way. So it is easy to understand the nostalgia which accompanied my reading of the news. While we are advocating change and progress and maybe an eradication of excess traditionalism in the law profession, this comes as a shock. Is there such a thing as too much change?

The House of Lords had their last sitting today. What we now have, is a Supreme Court. What can we say? Change IS a constant.

If you are not sure, this is the home of Ryland v Fletcher (the doctrine of strict liability); Dunlop Pn.eumatic Tyre v. Selfridge and co Ltd (privity of contract); Donoghue v. Stevenson (the neighbour principle); Hedley Byrne v Heller (liability for pure economic loss), just to mention a few.

This a YouTube video by Lord Justice Mance explaining the reason for the change.

We here at The Nigerian Lawyer would like to give our last bow to the House of Lords and the great Justices who sat in it. Adieu!

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July 28th, 2009

Promoting Your Practice Through Social Networks

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Rule 33 of the Rules of Professional Conduct (RPC) in Nigeria makes it contrary to professional etiquette for a lawyer to solicit professional employment by circulars, advertisements, through touts or by personal communications or interviews preclude any certified legal practitioner from advertising his business. In other words, it will be grossly unprofessional for a lawyer to take out any form of advertisement with a view to gaining professional employment. However, modern business practice has made it essential to employ some form of promotion or the other in the successful running of business. And as much as we would love to live in denial, the business of the law is business and more than ever in the wake of the global financial crisis the law firm must be run as a business. What this translates to is that in order to adequately compete in a cutthroat world, the legal practitioner must avail himself of the various media available to promote public awareness of his expertise. So how do we compete in this financial times without contravening the provisions of Rule 33 of the RPC?

Rule 33 of the RPC has an exception. This is what the exception says:

Publication in reputable law lists, in a manner consistent with the standards of conduct imposed by these Rules of brief biographical and informative data is permissible. Such data must not be misleading and may include only a statement of the lawyer’s name and the names of his professional associate; addresses, telephone numbers, cable addresses; date and place of birth and admission to the Bar; schools attended, with dates of graduation, degrees and other educational distinction; public or quasi-public offices; posts and honour; legal authorships; legal teaching positions; memberships and offices in the Bar Association and committees thereof, and positions in legal and scientific societies.

(Rule 33(b) Rules of Professional Conduct – Legal Practitioners Act Cap 207 Laws of the Federation of Nigeria)

This exception could have been written for the internet in general and social networks in particular. The power of the internet as a tool of advertising must not be underestimated – it is the widest media around and the only one which can effortlessly reach practically every nook and cranny of the world. Reputations are made and broken almost overnight through the internet. With the proliferation of social networks and the far-reaching tentacles of search engines, the internet has evolved beyond the website. In addition to the website, there are web directories, blogs, search engines and social networks.

Social networks are online communities which create social categories and foster relationships. Social networks and blogs are part of what is generally referred to as web 3.0. This is a more interactive internet which incorporates the different forms of media including audio and video. How does legal practice in Nigeria come into this? We’ll get to that in a moment.

There are several social networking sites on the internet but for the purpose of this article I will focus on three: LinkedIn.com, Facebook.com and Twitter.com.

LinkedIn.com

LinkedIn (Linked in) is a network of professionals in different fields. It is a network which connects prospective employers with prospective employees; professionals with prospective clients and peer networking.

How Does Your Practice Benefit From LinkedIn?

One aspect of legal practice which is crucial for the practitioner to remember is that even though your practice might be a business concern, it is the practitioner(s) that makes the business. As a result, it stands to reason that it is your expertise and that of the other lawyers in the firm that determine the expertise of that firm. This is essential to note because LinkedIn (and most social networks) rely on the personal approach.

In order to make the most of LinkedIn, once you have joined the network and created your profile, encourage the other lawyers in your firm to join. The first time you create your profile, your firm is automatically registered. The greatest part of LinkedIn is that it is free to join. But there are three other quick benefits:

1. High Search Engine Optimization (SEO) – Search engines absolutely love LinkedIn. What this means is that if you are registered on LinkedIn as a tax lawyer for instance, there is a high probability that whenever anyone searches for a tax lawyer in Nigeria on Google.com, your profile will come up.

2. Easy Accessibility by Clients – Even though this in not an alternative to a website, it carries pertinent information about your firm, which makes it easier for clients to locate you.

3. Peer Review – This, in my estimation, is the best feature of LinkedIn. You can easily get past and current clients and colleagues to give you or your firm reviews. This adds to your reputation as an expert in your field.

Facebook.Com

This is another social network on the World Wide Web. While it is similar to LinkedIn in that they share the parallel purpose of connecting people, they are very different in the way they function.

With facebook, you can create a personal profile for yourself and another one for your firm. There are several additional features such as the creation of groups and pages. If for example, I am a partner at the firm, Soriver Solicitors (fictitious name), I could open a facebook profile with the name ‘Soriver Solicitors’, add my associates and other partners as my friends (if they are on facebook) and create a group of Soriver Solicitors where we can discuss business online, regardless of the different geographical locations. Depending on the nature of the business, the group could be open to all and sundry or it could be a closed group, by invitation only.

In the same way, Soriver Solicitors could create a page for the firm. This is usually open to everyone on facebook and interested people could become members (fans). They would automatically be notified of any news you put on the page.

The main advantage facebook has over LinkedIn is its wide reach. With over 100 million users, facebook is a marketing tool which demands complete utilization.

Twitter.Com

Twitter is in a totally different category from the other two. It can be defined as a micro blog which lets you answer in 140 words, the question: What are you doing? If yours is a firm that offers workshops, seminars and lectures, you will find twitter to be priceless.

How Does It Work?

Once you create your twitter account (and it is free to create by the way), search for leaders in your field and ‘follow’. This means that each time they post new tweets (news, updates and information), you are instantly notified. With time, people will begin to ‘follow’ you too so that once you post your tweets they are notified. That way, you keep the world up to date with your programmes. The Nigerian Bar Association (NBA) for instance, needs a twitter account so that interested persons like myself, will follow them and become aware of their events and programmes.

Most social networks are free to join. Therein lays their appeal. This eliminates whatever financial constraints on the legal practitioner. The other source of discomfort might be lack of time to adequately manage or update accounts or access to the internet. If it is lack of internet access, let me just say that it is time you invested in the World Wide Web. Then again a good management service is the answer to both problems. For a reasonable fee, all you have to do is get the information to them and they transfer that to your account online.

Even though many professionals are of the view that the Rules of Professional Conduct need to be reviewed, social networks will afford you the opportunity to publicize ‘in a manner consistent with professional conduct’, your expertise in the legal profession.

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July 20th, 2009

Unveiling Windows 7 (I)

by Henry


Microsoft is at it again. Barely 2 years after the release of the long awaited Operating system, Vista (code-named Longhorn), it has announced the release of a successor:Windows 7. Unlike its predecessor Windows Vista, which saw users face compatibility issues in trying to migrate from Windows XP, Windows 7 promises a seamless transition, says senior vice president, Bill Veghte. Bill Gates has stated in an interview with newsweek that new OS will be geared towards improving its performance and they intend doing so by locating and fixing inefficient block of code that will help enhance certain areas of the Operating System.

NEW FEATURES

After learning of the Release candidate version of the new O.S (available for download), I had it installed on my laptop and from the desktop after booting, it’s easy to see the changes right from the new Taskbar with its large icons (which can be customized) replacing the Quick Launch bar in Vista to the new Jumplists that allow for easy access to common tasks like reopening files opened previously in that application. The Quick Launch tool bar has been integrated into the task bar by enabling the pinning of applications directly on it. Obviously the task bar is the most eye-catching change you notice once you get the system running. The Show desktop button formerly on the Quick Launch bar has been moved to the far right of the Task bar right after the clock. Clicking the button immediately minimizes all windows and clicking again restores them.

Start-up and shut-down times have also improved and this is great news as I also observed that my battery life also improved. Power Management in Windows 7 is really commendable. The new OS comes with Internet Explorer 8 and Windows media Player 12. It also reintroduces games (Internet Backgammon, Internet Spades, Internet Checkers) that were removed from Windows Vista.

REMOVED FEATURES

Certain features once part of Windows vista are no longer included in Windows 7. Such applications include Windows Ultimate Extras, Windows Calender and Inkball. Others are offered as a free package called Windows Live Essentials and applications under this package include: Windows mail, Movie Maker and Windows Photo Gallery.

In part two of this series I look at the Hardware requirements, the different Versions and the cost of the OS. Overall I’ve done my best in a nutshell to outline my experience of the new Operating System – the new features, the changes and the removals. In intending to keep this simple, only the really basic features and changes were given account of here. It’s a tad bit unfair to jump to conclusions regarding how the OS will be rated all round as there seems to be the notion of Microsoft coming up with Service Pack upgrades after security loopholes get to be exploited. Let’s hope the release of Windows 7 signals the start of a new era of enjoying full stable releases. I look forward to your comments and feedback regarding your experience with Windows 7, the features you love the most, the ones you wish were done away with or better still what more features you’d love to be integrated to the ‘final, I hope’ release to be out on October 22 by Microsoft.

Henry Fimibama is an IT specialist and software developer. For more information, send a mail to info@thenigerianlawyer.com
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July 13th, 2009

Microsoft Office to go online — for free – Big Tech

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Microsoft Office to go online — for free – Big Tech. This is probably violating my posting policy but when I read this on CNN.com I had to re-read it several more times before I could believe it. Then when it sank in, I knew I just had to share!

I’ve written here before about the efficacy of using open source in place of pirated copies of Microsoft Office (as Lawyers and citizens of the world, we should know better!). This is a good opprotunity for you to dispose of that copy you have which did not ‘pass the validation test’. If it is online, and it is free, please try and hook up. Pirated copies are not just outdated, they could earn you a sabbatical in prison.

It is going online today. Check www.microsoft.com for more information.

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July 10th, 2009

Registering My Online Business

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I have been in and out of the Corporate Affairs Commission (CAC) in Nigeria – the commission responsible for registering businesses. I have an online business creating and managing blogs. I have been trying to get it registered at the CAC but it has not been a walk in the park. The major reason for the hitch is this; there is no category for online businesses at the CAC. No, it’s not a joke.

So if the management of the CAC is reading this, could you please do something about this? The world has gone online. Even the CAC has a website and does online registrations. So it only stands to reason that there should be a category for registering online businesses if only so that folks like me can get on with business.

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