Introduction
Lawyers are the most knowledgeable and distinguished of all
professionals. By our very training and orientation, we are imbibed with
diligence, hard work, integrity and other positive attributes that mold us into
the special species of humans that we become. From the very first day one
enters University to read law, we are presented with the stark reality that we
will not get through life with a slapdash attitude. We are taught that life
calls for earnestness and conscientiousness, work and effort, as Carl Jung once
wrote. In this article, I discuss the guidance and direction we get as students
and the absence thereof when we enter the profession after law school. I also
discuss the strategies that have proven beneficial to legal practitioners and
other members of the profession over time. I suggest that we adopt some of
these Fstrategies to ensure that we live life to the fullest and enjoy the
journey all the way.
Life as a law student
The first lecture I attended at the Faculty of Law, University of
Ghana, Legon, on a fine September morning in 1992, was Introduction to the Law
of Contract. The lecturer was no less a person than the venerable Prof. G.K.A
Ofosu-Amaah, the then Dean of the Faculty of Law. Prof. Ofosu-Amaah came in
accompanied by two young female lecturers, Mrs. Christine Dowuona-Hammond
(currently a Senior lecturer at the School of Law, University of Ghana) and Ms.
Johanna Odonkor (now Mrs. Odonkor Svanikier, former Ambassador of Ghana to
France and Portugal, as well as to the International Organisation of La
Francophonie and the OECD Development Centre.)
After listening to the exquisite, almost ex tempore delivery of
the one hour lecture on Law of Contract, the whole class became subdued. By the
time the young lecturers distributed the ‘reading list’ containing about ten
decided cases, including the famous Carlill v Carbolic Smokeball Co., the
reference books such as Smith and Thomas: A Casebook on Contracts, Trietel’s
The Law of Contract, and the ‘tutorial questions’, most of us knew we had made
a mistake by not choosing other courses of study. By the time Prof. And his
team left, our faces were bereft of the previous grins and smiles we displayed
prior to the lecture. Suddenly, we realized we were sergeants-at-arms who had
to make the cut among the 60 students to remain law students out of the class
total of about 120 students. The unspoken admiration we had for each other as
the special few on whom the Almighty had shone his countenance to be admitted
to read Law began to wane at that very moment. We became each other’s
competition for survival.
With this grim reality in mind, no one had to advise us to go
straight into the Law Library and start ‘briefing’ the cases and reading the
textbooks on the reading list. Much to our horror, most of the cases had been
torn from the few Law Reports available and there were very few copies of the
assigned textbooks to go round. Throughout the day, we had to attend other
non-Law Faculty lectures elsewhere and returned intermittently to the Law
Library to find out whether some of the cases and textbooks were free to be
used. On that first day, I was one of the many students who closed with the Law
Faculty librarians late in the evening and I returned to my room in Volta Hall
feeling mentally and physically exhausted. I wondered how I had allowed myself
to be coaxed into such drudgery. In the following days, the few bold spirits
amongst us took their young destinies into their own hands and dropped Law for
other more tolerable endeavours. Those of us who had made pacts with the devil
to be-a-lawyer-or-be-damned had no escape route. We had to stick with it.
The events of that first day of student life at the Faculty of Law
was to set the tone for our studies throughout our stay at the University of
Ghana. All the lecturers had subtle ways of keeping us fully engaged with our
coursework. Attending tutorials and participating in discussions was mandatory.
We enjoyed the thrill of being addressed by our lecturers as "Miss
Abrefa", “Miss Ocansey”, “Miss Issifu”, “Mr. Akuffo”, “Mr. Dadson” and so
on. Our colleagues pursuing other courses never had enough of our ‘I’m going to
the Faculty Library’ constant refrain. It drove them nuts. We had little time
to engage in idle diversion. The few times some us decided to let our hair
down, the shiny and ever-present eyes of Prof. Kofi Kumado were destined to
shine on us (pun very much intended). Otherwise, how could Prof. Kumado
announce in a Law of Torts class that a certain Miss Boateng, resident of Volta
Hall, had been visiting Mensah Sarbah Hall?
By the time we transitioned to the Ghana School of Law for the
Professional Law Course, we had internalized the attributes of diligence, hard
work and industry. We sailed through the Ghana School of Law without much
effort. We did not have to pay bankruptcy-inspiring school fees. We did not
have to wear prescribed attire to school for professional training. We did not
have to write entrance examination. We did not have to go for entrance
interview or exit interview that did more to deflate our egos than to prepare
us mentally for the life ahead as lawyers. Most notably, we did not get any
guidance or pep talk as to how we should arrange our lives as lawyers so as to
enjoy the profession and be good citizens to our families and communities.
12 strategies to live happily as a lawyer
When we join the profession, there are no lawyers waiting in the
wings to prompt us to mind the gutter, keep us on the straight and narrow path
and generally cushion our fall. Over the course of time, we have to device our
own ways of adapting into the legal profession and staying in it for the long
haul. With a deep sense of service as a lawyer and a knack for constant
learning from seniors and colleagues at the Bar, the life we enjoy as lawyers
could be a most thrilling and fulfilling experience. In this article, I share
twelve of the strategies that I deem crucial to helping any lawyer, whether in
private practice or other spheres practicing our profession, to get the best
out of our lives.
Choose your practice/work environment wisely.
Strategy 1: When we come out of law school, there is the
tendency for us to accept any offer that comes our way. We are mostly attracted
to certain jobs or law firms because we are desperate to get a place to work.
You should make sure that you are joining a law firm or company where there is
respect and civility. I remember when I finished law school and was looking for
a law firm to do my pupillage, I was told a certain law firm at Nyaniba Estate
was recruiting pupils. I went to speak with the Head of Chambers on a Thursday
and I was asked to report to work the following Monday. I was told discussions
on an allowance will begin once I started the pupillage. I agreed and reported
for work on Monday morning, looking resplendent in my well-ironed black skirt,
white shirt, and black high heels. As I was waiting anxiously to be given my
first legal assignment, I was taken out into a veranda by the Head’s wife, also
a lawyer, and shown a pile of dusty books in brown carton boxes and an empty
bookshelf. I was then instructed to arrange the books on the bookshelf. I fell
into a trance for a few seconds and when I came to, I looked at my crisp white
shirt, I looked at the dusty books, I transferred my gaze to my new Madam and I
started arranging the books. I immediately knew that was not the kind of
working environment for me.
By the time I finished arranging the books, I was sweating with
dirty hands and wheezing from an allergic reaction. I am allergic to dust,
fumes and pungent smells. I told myself that I did not belong to such a
disrespectful environment. I started asking around for a new place and a few
days later, my National Service posting came and I also got a place at Hencil
Chambers to do my pupillage. I left. Several years later, I heard some rogues
alleging I was ‘trained’ at that firm. You do not have to remain in a toxic
environment. You should work in an environment where you are valued as a
lawyer; you get opportunity to write legal articles, discuss cases and legal
opinions, handle cases, speak on issues and represent the firm. You should look
out for a place where real substantive legal work is done and you get
opportunity to work on Case Files. There should be a clear discussion on what
form of remuneration you are going to receive and the manner of payment.
Strategy 2: You should make sure that you have reliable
and supportive team members. For instance, when I had my first child, I was on
maternity leave for three months. My Head of Chambers and Junior Associate at
Nsiah Akuetteh & Co., L. S. N Akuetteh, Esq. And Teki Akuetteh, Esq.
Respectively, took over all my cases, including a certiorari application I had
pending at the Supreme Court and handled them in my absence. I did not lose a
single client or case because of the support I got and I was also able to have
a long maternity leave.
Bring the best version of yourself to your job
Strategy 3: Once you have picked a great environment to
work, you must relate very well with all team members without exception,
whether they are lawyers or not. When I joined Hencil Chambers to do my
pupillage, the first person I bonded with was our experienced Law Clerk, Bro.
Kwame. He had over twenty years’ experience as a clerk. He was helpful in
getting my assigned Case Files to me on time. In the absence of Mr. Ansa-Asare,
he could update me on the stage each case had reached and assisted me with
filing court forms such as writs. He assisted me with precedents to guide me on
my assigned cases. He even advised me to open a precedent file and he gave me
some of his own precedents to put on it, which I have till date – almost twenty
three years now.
I also enjoyed chatting a lot with the late Mr. E. A Owusu-Ansah
and he gave me valuable insights into law practice from his experience as a
former judge, Judicial Secretary and a lawyer in private practice. I developed
enduring relationships with Mrs. Ansa-Asare and the entire Readwide team as
well. I had similar excellent experience with the staff of Akuetteh Kudoadzi
& Co. /Nsiah Akuetteh & Co. And built friendships that have evolved
into familial relationships.
Strategy 4: You should show your willingness to work. Your
seniors will give you work to do to hone your skills and learn on the job only
when you show commitment. The fact is, they were running their law firms and
conducting their cases in court before you came on board. So, whether you make
yourself available or play hide-and-seek with them, they will do their work.
And you will lose the opportunity to learn, grow and earn handsome income from
your toil. Once you show enthusiasm, commitment and reliability, your seniors
will make sure you are never idle. For example, by the time I finished my
six-month pupillage, I had handled cases in Accra, Cape-Coast, Sekondi and
Sunyani High Courts on my own. This was because I was up for every task that
was assigned to me.
Strategy 5: Preparation and communication are key to your
life as a lawyer and a professional. Do not expect anyone to baby-sit you. You
will get guidance from your seniors but do not expect you are going to be
‘taught’ how to handle cases. It is your responsibility to learn. You will
never know when you will be tested so you must always be prepared. Once during
my pupillage, I was given a Case File by my Pupil Master, Mr. Ansa-Asare, and
he asked me to meet him in Court the next morning. He repeated severally that
he will be in Court to handle the case. But knowing him to be a very busy man,
I knew he may not turn up if something came up so when I got home that night, I
stayed up and read the file, went over the motion and affidavit and even
conjured up some authorities to use, just in case. Surprisingly, at 8:30 a.m.
The next morning, my Pupil Master appeared in court and sat next to me. I
heaved a silent sigh of relief and when the case was called, I dutifully passed
the Case File to him but he asked me to ‘move the motion’. I did and he
congratulated me and I felt elated. I did not know I was going to be put to the
test that morning. Luckily, my preparation saved the day.
Be self-aware in the Courtroom and other venues of work
Strategy 6: Ensure that you look the part, always. Of all
the satiric jokes and jabs about lawyers, one thing that can never be taken
away from us is that, we dress well. Perhaps, our crisp outlook has contributed
to our charge of being ostentatious but we are not ready to shed our good
looks, are we? ‘The apparel oft proclaims the man’ said Shakespeare, and the
woman, I wish to add. As lawyers, we share these sentiments of Shakespeare. But
we need to take a few notes of caution. For male lawyers, you should wear the
right colour of suit to court; black, navy blue or grey. Never brown, navy
green or other such colours. The fact is that clients already have a picture in
their minds of how lawyers should look and they do not expect theirs to look
any different.
Secondly, wear proper executive shoes and socks; dark socks always
win but if you want your happiness to be reflected on your feet, ‘happy socks’
may be fine. Do not wear your executive shoes without socks, or go ‘Mungo
Park’, as we say in Ghana. Unless you are a lawyer by day and a film star by
night, do not wear loafers with your suit, please.
For female lawyers, I repeat here for emphasis: wear the right
colour of suit to court; black, navy blue or grey. Never brown, navy green or
other such colours. The fact is that clients already have a picture in their
minds of how female lawyers should look and they do not expect theirs to look
any different. Most clients have watched L.A Law, Boston Legal and similar TV
law drama all their lives and they expect to see real life lawyers as those on
TV. Again, wear proper formal office shoes. Court shoes always win.
Ladies, rock your high heels; you look dashing and super smart in them. At the
barest minimum, do block shoes. Flats or ballet- type shoes are a no- no
whether in the office or in courtroom. It reduces your professional look and
diminishes your presence. Just picture two lady lawyers wearing the same high
end suit but one is in high heels and the other is in flats. Who will you be
proud to show off as your lawyer? Of course, medical reasons always make for
exception. As ladies, our hair, make-up and jewelry must also be professional
in outlook. Our other accessories such as bags, belts and scarfs must be
properly coordinated.
Greet, greet, greet. It does not cost a thing to greet and it puts
others at ease. Whoever you meet in court or at a meeting, greet them. Look
them in the eye and greet them: Junior lawyers, senior lawyers, your client,
the opposing client, the opposing lawyer and others present. It is always a
good idea to have some exchange of greetings with your client before court
sessions start to put them at ease. Greet Court clerks and be polite to them
and they will return the pleasure.
Whiles addressing the court:
Strategy 7: Be polite and pleasant. You must be polite
when addressing the Court. Put your points across without being rude or saucy.
In his book, “The Discipline of Law”, Lord Denning, M.R. advised lawyers on
their conduct in court as follows:
"Remember
also that, whatever the tribunal, you must give a good impression. Your
appearance means a lot. Dress neatly, not slovenly. Be well-groomed. Your voice
must be pleasing, not harsh or discordant. Pitch it so that all can hear
without strain. Pronounce your consonants. Do not slur your words. Speak not
too fast nor yet too slow. All these things are commonplace but they are so
often forgotten that I warn you against the mistakes I see made daily. No hands
in pocket. It shows slovenliness. No fidgeting with pencil or with gown. It
shows nervousness. No whispering with neighbours. It shows lack of respect. No
'ers' or 'ums.' It shows that you are slow-thinking, not knowing what to say
next. Avoid mannerisms like the plague. It detracts attention. Don't be dull.
Don't repeat yourself too often. Don't be long-winded. All these lose you your
hearers; and once you have lost them, you are done for. You can never get them
back—not so as to get them to listen attentively."
We all observe some of these forbidden behaviours in court all the
time. Sometimes, we make these mistakes unconsciously and we are unaware of the
effect we have on the judges and those before whom we appear.
I have heard similar sentiments expressed by our judges regarding
how some of us behave when we appear before them. Mostly, they ask ‘What are
you doing about the attitude of the young lawyers who are now coming out’ and
mostly, I try to mumble a few rationalizations here and there and promise that
as ‘seniors’, we will do something about it. Some have attributed our
mannerisms to the ‘computer age’ but I hold a contrary view. I believe showing
decorum in Court has nothing to do with whether you were trained as a lawyer in
the 1900s, 2000s or 2020s. If this is how we come across to those we appear
before, then it will be most wise for us to be self-aware so as to minimize
these annoying behaviours. My point is that, these shortcomings do not afflict
only the young at the Bar. The old lawyers fall into the trap every now and
then when they take their eye off the ball. I fell into a most embarrassing
situation about two years ago. I appeared before Mrs. Justice Ananda Aikins to
oppose an application to set aside a writ I had filed in a suit before her. It
took several adjournments before the motion was finally dismissed. The Court
made no order as to costs and I was displeased about it. As I pressed on with
my request for costs, I realized my voice had gone a notch higher than how I
ordinarily speak. I quickly ended my plea for costs. Once I got out of the
courtroom, I felt regretful and embarrassed. The judge probably took no notice
of it but I felt terrible all the same.
Be magnanimous when a decision goes against you. Whether it is a
ruling in an interlocutory application or the final judgment in a case, always
be magnanimous when a decision does not go in your favour. Everyone around
watches your reaction to a defeat so be careful how you handle such situations.
I have observed many situations where a lawyer whose application has been
refused puts on a furious frown and murmurs their displeasure openly, sometimes
almost to the point of being audible to the judge. The fact is, once a judge
has given his ruling or judgment, there is nothing much you can do to get a
reversal at that very moment. Thankfully, the Rules of Court provide several
avenues by which you can challenge a judge’s decision. So, any theatrics you
put up, whether to appease your ego or your client or both, will yield nothing
other than stares of disapproval from the Bar and the gallery.
Be courteous to opposing Counsel and parties alike. As lawyers, we
are colleagues in the profession. That is why it is absolutely necessary that
we deal with each other with courtesy and respect, irrespective of seniority.
Many of my friendships at the Bar, especially those with colleagues who are junior
to me, have been developed through cases I have handled with such colleagues on
opposing sides. Such friends include the late Kweku Sey, Esq., Peter Dadzie,
Esq., Kwasi Adu-Mante, Esq., Joseph Akyeampong, Esq., a.k.a Guy Milo, Stephan
Antoh, Esq., Johnnie Klutse, Esq., Stephen Owusu-Adjei, Esq., Richard Bobbison,
Esq., Hon. Rockson Nelson Dafeamekpor and so many others too numerous to list
here. Apart from the camaraderie such courtesies engender, they also provide
business benefits. I have had many case and client referrals from colleague
lawyers at the Bar because of the rapport we have built over time. I have also
reciprocated the gesture in several ways. Some have appointed me as their
personal/family lawyer or estate planning advisor.
Put your best foot forward in your personal life (Yourself, Family
and Community)
Strategy 8: Take good care of yourself. It is very important that
we make time to exercise regularly. Depending on what works for you, you can
join a gym, go for walks, play weekly soccer, jog, swim or engage in any other
activities that help exercise your body and mind. By the very nature of our
work as lawyers, we need to replenish our energy regularly to stay in top
shape. Regular exercise will help you to sleep well, get fit, be mentally
sound, more focused and keeps you calm. For good measure, regular exercise
enhances libido and its associated activities.
You should also ensure that you get enough sleep. Considering all
the gadgets and toys bombarding us with information around the clock, we need
to be intentional about how and when we put off these gadgets and switch off
and have a good night’s sleep. Lack of sleep disorganizes our thought processes
and leaves us irritable. Create and make time for recreational activities. You
should also do well to take time to rest during legal vacation, Christmas and
Easter breaks or whatever time suits you. If you work in an organization, take
your leave when it is due. Rest, recharge and return after vacation with more
energy and focus.
Strategy 9: Take care of your family. Stay in touch with
your extended family even if you live in a different city or region. Just
remember that, they do not need you to live. It is just beautiful that they
will have the bragging rights that you, a distinguished lawyer, are their
relative. Pay visits regularly. No witch or wizard will eat you up. We are at a
higher risk of dying from our sedentary lifestyles than been mauled by an
imaginary witch or wizard. And whiles you are visiting, be humble at all times.
Do not turn up your nose just because you are now a lawyer. Speak in your local
dialect, please. Leave the Latin expressions and legal gobbledygook behind. In
that regard, use words like among other things not inter alia, a month not per
mensem, first among equals not primus inter pares and so on.
Spend quality time with your nuclear family too. Children grow up
so fast. It is advisable to avoid carrying your work home to continue there. If
you must do so, limit working to when the kids are asleep. Train your kids at
an early stage to have a sleeping schedule. Having been born and bred in Ghana,
I thought that children slept and woke up as and when they pleased, or, as
commanded to do by their parents. I learned it was a habit that had to be
cultivated only when I visited my late father in England many years ago. The
first day I visited my dad and his family in Horsham, West Sussex, I was
surprised when at 7 p.m. Sharp, Andrew, the youngest of my half siblings,
started pleading with Susan, my step mom, to let him stay downstairs a little
longer. When I inquired about what was causing Andrew so much anguish, I was
told it was his bedtime so he had to leave for his bedroom. Wow. What
discipline, I thought. We needed to strike a compromise at that point. So, in
commemoration of the maiden visit of their beloved sister Francisca, all three
of the kids were given an extra thirty minutes to stay with us, the adults - my
Dad, step-mom and I -in the living room to chit-chat and generally have fun.
Charlotte went to bed at 8:00 p.m. Instead of her appointed time of 7:30 p.m.
And Richard, the eldest of the three, left at 8:30 p.m. Instead of 8:00 p.m.
They were aged 5, 7 and 10 years respectively at the time. In the subsequent
days, I observed my siblings went to bed at their appointed time without any
fuss at all. By 8:00 p.m. Each day, the whole house was quiet and we the adults
could put our feet up, sip some drinks, chat and generally relax and unwind.
Seeing how effective having set bedtime routine was, I made a mental note to do
same in future. And I am happy to report that I did and it worked.
I remember a couple of years ago, a friend visited me at home
around 7:20 p.m. After we chatted for several minutes, he asked where my
children were and I said they are in their room getting ready to sleep. He was
in shock. “How do you manage to get them into their room at 7:00 p.m. And stay
there? He inquired. I simply replied that it was a ritual they grew up with and
that when they were younger, I used to read to them in their beds before they
slept so now that they could read on their own, they had many story books to
interest them and they will rather settle in bed in the evening and read
instead of loitering aimlessly about. The morale of the story is that, once you
set sleeping routine for your children, you can get to spend time with them
after work and when they sleep, you can have time to unwind, do a bit of
reading or work before you also retire to bed.
Strategy 10: Be useful in your community. You may not
be aware of this but being a lawyer in your neighbourhood gives your neighbours
a sense of protection. They know that in case of anything, you are there to
help. This expectation is hardly communicated but it is very much alive in
their minds. They have such expectation whether you talk to them or you drive
past them without so much as a wave of the hand. For this reason, make a
conscious effort to relate to your neighbours. Be interested in what goes on in
the community and give of your time and legal knowledge when necessary. Lawyers
of the finer mold keep their private lives, as well as bear part in public
services.
I recall an instance where I had sued a popular church that had
developed an interest in coming to mount giant speakers close to my
neighbourhood and disturb us in the name of worshipping their maker. As soon as
they were served with the writ, they instructed a lawyer to come and plead with
me to settle the suit amicably and promised they will not repeat their actions.
When the lawyer came, he confided in me that he admired the steps I had taken
to stop the nuisance in the neighbourhood. He lamented how in his own
neighbourhood, a certain church operated by some unknown characters was causing
so much nuisance with their weekly all-night prayer sessions. He said, “Senior,
I wish I could do what you have done”. Then I asked him, “What is preventing
you from stopping them”? He was quiet. He had no answer.
It is advisable for us to be a bit measured in our ostentation in
our community. Lawyers’ lifestyle has long been a ready source of parody. It
has been written elsewhere that although lawyers are not, as a class,
profligates, moral rectitude is not one of their strong points. Whether we hold
these truths to be self-evident or not, people will always have these
perceptions about us. But one thing is for sure. Your neighbours know you
and know that you are a lawyer so do not presume otherwise.
Strategy 11: Charge appropriately for your services and
make sure your fees are paid. One major source of unhappiness for many lawyers
is their inability to charge fees commensurate with their work. Because we sell
services, many people do not see how we lose if they fail to pay us our fees.
It is, therefore, important that we set systems in place to ensure that every
piece of work we do is adequately compensated. Do not be afraid to turn down a
client who is not prepared to pay for your services. And do not be afraid to
sue for your fees after you have performed services for clients. Whether you
collect your fees or not, the client will not come back again anyway. And even
if they do, you may also not be interested in working for them. So, collect
your fees by all means necessary. Dennis Adjei-Dwomoh, Esq. Once got me into a
fit of giggles when he revealed to me that, the first time he met me in court
about ten years ago, I was pursuing a client who was trying to abscond with my
legal fees.
Strategy 12: This above all: to thine own self be true.
Stay true to yourself. Never think that everybody is going to be a fan. Stop
trying to please others and start living the life you want. For sure, daggers
will be thrown your way from all sorts of quarters, low and mighty. Stay
focused and enjoy your life. You will encounter all manner of great people who
will enrich your journey. Keep them close and savour their good counsel. You
may also encounter corrupt characters who bolster up their timid egos and
colourless personalities by a nauseating show of conceit. You will encounter
those whose chief aim and purpose in the profession is to lick boots to
officialdom and case briefs. Do not despair. Be courageous. As Polonius once
advised his son, Laertes, in HAMLET, “Beware of entrance to a quarrel, but,
being in, bear’t that th’ opposèd may beware of thee.”
Conclusion:
Life, the sages say, is how you make it. Most of us believe that,
one’s success or happiness depends on how much money one makes. But money may
be in abundance in most situations and happiness may be a scarce commodity.
This is because money may play a part in our happiness but it cannot free us
from all ills. As you can see from the strategies shared, making or having
money is not what will make us happy lawyers. It is the little things we ignore
that count much towards our happiness. In the coming days, I may share some
strategies with colleagues who may want to transition onto the Bench.