Opinion

The Oracle: Nigerian Law Firms and Foreign Names: Matters Arising

Published

2 years ago

February 4, 2023

Eric

By Mike A.A. Ozekhome, SAN, CON, OFR, Ph.D.

Juliet, soliloquizing in one of the most romantic scenes (“The Balcony Scene”) in Shakespeare’s epic, “Romeo and Juliet” (Act 2 Scene 2), said, “What’s in a name? That which we call a rose by any other name would smell as sweet”. Juliet was telling Romeo that a name is just a name; with no meaning behind it. What matters is what something is; not what it is called. To Juliet, Romeo would still remain the handsome young man, even if he had a different name.

Certain questions criss-cross my mind as I attempt to critically analyze the above quote in the light of some Nigerian law firms and legal practitioners adopting Western/foreign/white-sounding names in preference over their Nigerian names. Why ‘Mungo Park & Clapperton’, instead of ‘Aluko & Oyebode’; ‘Banwo & Ighodalo’; or ‘Ozekhome & Femi?’ Why ‘McCullough & Clyde’; and not ‘Sobowale & Okonkwo’, when the firm is neither owned by, nor affiliated with the former? Why ‘Westborough Partners’; and not ‘Mustapha & Oche’, when none of the partners bear ‘Westborough’? Why ‘Greenfields, Everest & Associates’; ‘Westbrook, Blackberg & Co’; ‘Bracebridge Attorneys’; ‘Bladerstone & Cottingham’; ‘Stone & Cozens LLP’; ‘Woodpecker & Bird Solicitors’; when none of the partners bear such foreign names? Why not simply ‘The Prestige Chambers’; or ‘God is Marvellous LLP’? Why must it be names given to natural persons of Western origin, usually English?

The Oxford Dictionary defines a name as “a word or set of words by which a person or thing is known, addressed, or referred to”. Wikipedia defines a name as “a term used for identification by an external observer. They can identify a class or category of things, or a single thing, either uniquely, or within a given context. The entity identified by a name is called its referent. A personal name identifies, not necessarily uniquely, a specific individual human.”

Just google some names of Nigerian law firms bearing foreign names, and you will appreciate my great concerns. Does this mindset suggest a bias against Nigerian names? Cultural cringe? An internalized, but undisclosed inferiority complex, leading to the dismissal of one’s culture as inferior? Is it a belief that Western/foreign names are more polished and easily roll off the tongue? Is it an identity management/destigmatization strategy for foreign businesses with foreign content? Is it believed that the use of such names gives one a particular status? Or is it just a matter of fashion, vogue, fad, fancy, or trend? I do not know. Or, do you?

It is conceded – that name choice is purely within the discretion of founders/partners of a law firm and as permitted by Nigerian laws. But, should native identities, for the sake of profit or fashion, be lost to foreign influence? Names are markers of identity and denote one’s community membership. My concern arises from the fact that, rather than indigenous names, none of these adopted Western/foreign names is associated with the names of any persons within such firms.

I must not be misunderstood to argue that law firms in Nigeria cannot bear names that are by patent, invented; or abstract, or religious names. Nor do I mean that Nigerians who bear European/foreign names as their indigenous names cannot establish law firms using such foreign names. I also must not be understood to posit that a firm cannot coin a name from the names of its Head or Partners; e.g., MOC, coined from Mike Ozekhome’s Chambers. My concern rather, is when individuals who neither bear such names, nor are in partnership with foreign bearers of such names; nor affiliated to or constitute subsidiaries of the foreign law firms bearing such foreign names, decide, for whatever reason, to take on western or white-sounding names belonging to natural persons, in establishing their law firms.

The reason for these may oftentimes be attributed to fashionability; ease of recognition, spelling, and pronunciation; for international business transactions conducted by these law firms; and perhaps to emphasize the founder’s or partners’ foreign qualifications. I respectfully submit that it is most demeaning to elevate foreign names over native identities. It is equally insulting to posit that ‘Saoirse Whitsborough & Partners’, or ‘Livingstone & Churchill Solicitors’, are better easily pronounced than ‘Gani Fawehinmi’s Chambers’; or ‘Chief Rotimi Williams Chambers’; or Wole Olanipekun & Co; or Mike Ozekhome’s Chambers; or ‘Olisa Agbakoba LLP’; or ‘ Uzoamaka Okeke & Co’; or Aluko & Oyebode; or Udo Udoma & Bello Osagie; or Banwo & Ighodalo; or Olaniwu Ajayi LP. To me, it amounts to sheer cultural cringe to hold that Nigerian names are less fashionable than Western/foreign names.
Conversely, ‘Juggernaut Chambers’; ‘Divine Mercy Law Firm’; ‘Salam LLP’; and ‘Shalom Chambers’, are examples of appealing abstracts; coined or invented names; and religious names, couched in English and other foreign languages. Founders or partners may settle for such where they prefer not to use their indigenous given, middle, or surnames. Names such as ‘Rosenblerg LLP’, ‘Witheresburg & Co’, or ‘Bottomleg & Neck Partners’, have unfortunately become the vogue. I experienced this aberration firsthand. A foreigner wanted to do business in Nigeria. I easily recommended a friend of mine who is an expert in that field of law where I am not. I told him so clearly. His google search revealed my friend’s name, quite alright, but not his law firm. He raised concerns, as he wanted to deal directly with a law firm and not an individual. It was then I got across to my Nigerian bossom friend, who disclosed to me, to my utter amazement, his law firm’s foreign name. I asked him why. He simply said, “oh boy, leave matter”. Really?

My concern is that this practice is not, by the same token, embraced by Western/foreign legal practitioners and law firms, whether practising law in Nigeria, or other African countries. Never has it been heard of that Western/foreign Legal practitioners or law firms, for example, ‘Rodriguez Salamasor’ and ‘John Hawthorne’, that for the purpose of doing business, ease of recognition and easier pronunciation of names, or for any other reason howsoever, established a law firm with a wholly indigenous Nigerian or African name, say, ‘Agbedor, Adekunle & Obiora LLP’ ;a law firm which neither has an affiliation with an Agbedor, Adekunle or an Obiora; nor has a partner with such names. They do not and will never ever adopt Nigerian or African names in establishing their law firms. Why then must we continue on this degrading path? I do not know. Or, do you?

I dare say that use of foreign names does not constitute any stronger factor in revenue generation than the solid reputation of the driving minds and brains behind such law firms. Many of the biggest law firms in Nigeria bear wholly indigenous names. Firms that earn the highest revenues and income across the world do not borrow African or Nigerian names; yet they thrive. According to the ‘2021 Am Law 100 Report’, the largest law firms in the world are found in the US. They collectively earned $111 billion in total revenue in 2020. Also, in Wikipedia’s compilation of the world’s largest law firms by revenue, referencing ‘The American Lawyer’ in its article titled, “The 2020 Global 200: Ranked by Revenue”, the following US law firms were listed as top generators of annual revenue in the global legal market:
1. Kirkland & Ellis with $4,154,600,000 in revenue; 2,589 lawyers (at the exchange rate of N735 per dollar, that amounts to N3.053 billion Pa).
2. Latham & Watkins with $3,767,623,000 in revenue; 2,720 lawyers.
3. DLA Piper with $3,112,130,000 in revenue; 3,894 Lawyers.
4. Dentons with $2,920,000,000 in revenue; 10,977 Lawyers.
5. Baker McKenzie with $2,899,600,000 in revenue; 4,809 lawyers.
6. Skadden, Arps, Slate, Meagher & Flom with $2,632,615,000 in revenue; 1,694 lawyers.
7. Sidley Austin with $2,337,803,000 in revenue; 1,922 Lawyers.
8. Morgan, Lewis & Bockius with $2,265,000,000 in revenue; 2,063 lawyers.
9. Hogan Lovells with $2,246,050,000 in revenue; 2,642 lawyers.
10. White & Case with $2,184,850,000 in revenue; 2,200 lawyers.
11. Jones Day with $2,077,000,000 in revenue; 2,514 lawyers.
12. Norton Rose Fulbright with $1,904,019,000 in revenue; 3,266 lawyers.
13. Ropes & Gray with $1,903,616,000 in revenue; 1,247 lawyers.
14. Greenberg Traurig with $1,641,790,000 in revenue; 2,070 lawyers.
15. Simpson Thacher & Bartlett with $1,618,633,000 in revenue; 996 lawyers.

In the UK, some top law firms are:
1. Clifford Chance with $2,500,000,000 in revenue; 2,489 lawyers.
2. Allen & Overy with $2,160,729,000 in revenue; 2,447 lawyers.
3. Linklaters with $2,093,569,000 in revenue; 2,393 lawyers.
4. Freshfields Bruckhaus Deringer with $1,942,013,000 in revenue; 1,812 lawyers.

In Canada an article by Statista Research Department shows that the Canadian law firm of Toronto-based ‘Borden Ladner Gervais’, though not a global mammoth, is one of the top generators of revenue in the global legal market, competing with United States law firms. Not a single African or Nigerian name ever featuresin these. Indeed, no Nigerian law firm can boast of 250 lawyers, a minuscule for small-time law firms in the USA, UK, and other Western countries.

None of the above-listed law firms has taken on African or Nigerian names (whether for the ease of conducting foreign transactions; indicating a wide geographical spread of its offices; or for any of the reasons usually given by Nigerian Firms for the preference of western/foreign names). Yet they thrive. Do they not?

Although revenue, as shown earlier, is undoubtedly key to the sustainability and success of any business and constitutes an important tool for law firm owners/ partners to track growth and improve profitability, the name chosen by a law firm does not necessarily affect the ability of a law firm to generate income.

A person is his own name. I humbly submit that the choice of using Western/foreign names, or white/foreign-sounding names in setting up law firms, oftentimes indicates the pitiable perception of one’s name through the blurred lenses of prejudice, inferiority complex, cultural cringe, colonial and neo-colonial mentality.

It is said that “the worst form of colonialism is the colonialism of the mind”. This choice of foreign names is absolutely unnecessary. A colonialism of the mind reflects in another man’s name being preferred to one’s name. We should never again opt for western or foreign names of natural persons. We should instead, be proud of using the original names of partners. It could also be indigenous, abstract, invented, coined, or religious names; but certainly not foreign or English names.

What is in a name? “Though that which we call a rose by any other name would still smell as sweet”, I respectfully submit that naming one’s law firm by the given foreign name of a natural person of western/ foreign descent with whom one shares no tie or affinity whatsoever, would not smell any sweeter than one’s indigenous name; an abstract; or patented name. What is of utmost importance is the value brought to bear on one’s law practice. It is about the content and not the form; the substance and not the shadow.

DISCLAIMER: ALL NAMES (EXCEPT THOSE KNOWN TO ME OR FROM STATED SOURCES) MENTIONED IN THIS PIECE ARE FICTITIOUS. NO IDENTIFICATION WITH ACTUAL PERSONS (LIVING OR DEAD) IS INTENDED OR SHOULD BE INFERRED.

Opinion

Rivers Crisis: A Note of Caution by Dr. Goodluck Jonathan

Published

1 day ago

October 5, 2024

Eric

I am aware that the local government election taking place in Rivers State today, October 5, has been a subject of great interest to political actors.

The political happenings in Rivers State in the past days is a cause for serious concern for everyone, especially lovers of democracy and all actors within the peace and security sector of our nation.

Elections are the cornerstone of democracy because they are the primary source of legitimacy. This process renews the faith of citizens in their country as it affords them the opportunity to have a say on who governs them.

Every election is significant, whether at national or sub-national levels as it counts as a gain and honour to democracy.

It is the responsibility of all stakeholders, especially state institutions, to work towards the promotion of sound democratic culture of which periodic election stands as a noble virtue.

Democracy is our collective asset, its growth and progress is dependent on governments commitment to uphold the rule of law and pursue the interest of peace and justice at all times.

Institutions of the state, especially security agencies must refrain from actions that could lead to breakdown of law and order.

Rivers State represents the gateway to the Niger Delta and threat to peace in the state could have huge security implications in the region.

Let me sound a note of caution to all political actors in this crisis to be circumspect and patriotic in the pursuit of their political ambition and relevance.

I am calling on the National Judicial Commission (NJC) to take action that will curb the proliferation of court orders and judgements, especially those of concurrent jurisdiction giving conflicting orders. This, if not checked, will ridicule the institution of the judiciary and derail our democracy.

The political situation in Rivers State, mirrors our past, the crisis of the Old Western Region. I, therefore, warn that Rivers should not be used as crystal that will form the block that will collapse our democracy.

State institutions especially the police and the judiciary and all other stakeholders must always work for public interest and promote common good such as peace, justice and equality.

– GEJ

Opinion

The End of a Political Party

Published

3 weeks ago

September 16, 2024

Eric

By Obianuju Kanu-Ogoko

It is deeply alarming and shameful to witness an elected official of an opposition party openly calling for the continuation of President Tinubu’s administration. This blatant betrayal goes against the very essence of democratic opposition and makes a mockery of the values the PDP is supposed to stand for.

Even more concerning is the deafening silence from North Central leadership. This silence comes at a price—For the funneled $3 million to buy off the courts for one of their Leaders’, the NC has compromised integrity, ensuring that any potential challenge is conveniently quashed. Such actions reveal a deeply compromised leadership, one that no longer stands for the people but for personal gain.

When a member of a political party publicly supports the ruling party, it raises the critical question: Who is truly standing for the PDP? When a Minister publicly insulted PDP and said that he is standing with the President, and you did nothing; why won’t others blatantly insult the party? Only under the Watch of this NWC has PDP been so ridiculed to the gutters. Where is the opposition we so desperately need in this time of political crisis? It is a betrayal of trust, of principles and of the party’s very foundation.

The leadership of this party has failed woefully. You have turned the PDP into a laughing stock, a hollow shell of what it once was. No political party with any credibility or integrity will even consider aligning or merging with the PDP at this rate. The decay runs deep and the shame is monumental.

WHAT A DISGRACE!

Opinion

Day Dele Momodu Made Me Live Above My Means

Published

1 month ago

September 1, 2024

Eric

By Uzor Maxim Uzoatu

These are dangerous days of gross shamelessness in totalitarian Nigeria.
Pathetic flaunting of clannish power is all the rage, and a good number of supposedly modern-day Nigerians have thrown their brains into the primordial ring.

One pathetic character came to me the other day stressing that the only way I can prove to him that I am not an ethnic bigot is to write an article attacking Dele Momodu!

I could not make any head or tail of the bloke’s proposition because I did not understand how ethnic bigotry can come up in an issue concerning Dele Momodu and my poor self.

The dotty guy made the further elaboration that I stand accused of turning into a “philosopher of the right” instead of supporting the government of the day which belongs to the left!

A toast to Karl Marx in presidential jet and presidential yacht!

I nearly expired with laughter as I remembered how one fat kept man who spells his surname as “San” (for Senior Advocate of Nigeria – SAN) wrote a wretched piece on me as an ethnic bigot and compelled one boozy rascal that dubiously studied law in my time at Great Ife to put it on my Facebook wall!

The excited tribesmen of Nigerian democracy and their giddy slaves have been greased to use attack as the first aspect of defence by calling all dissenting voices “ethnic bigots” as balm on their rotted consciences.

The bloke urging me to attack Dele Momodu was saddened when he learnt that I regarded the Ovation publisher as “my brother”!

Even amid the strange doings in Nigeria of the moment I can still count on some famous brothers who have not denied me such as Senator Babafemi Ojudu who privileged me to read his soon-to-be-published memoir as a fellow Guerrilla Journalist, and the lionized actor Richard Mofe-Damijo (RMD) who while on a recent film project in faraway Canada made my professor cousin over there to know that “Uzor is my brother!”

It is now incumbent on me to tell the world of the day that Dele Momodu made me live above my means.

All the court jesters, toadies, fawners, bootlickers and ill-assorted jobbers and hirelings put together can never be renewed with enough palliatives to countermand my respect for Dele Momodu who once told our friend in London who was boasting that he was chased out of Nigeria by General Babangida because of his activism: “Babangida did not chase you out of Nigeria. You found love with an oyinbo woman and followed her to London. Leave Babangida out of the matter!”

Dele Momodu takes his writing seriously, and does let me have a look at his manuscripts – even the one written on his presidential campaign by his campaign manager.

Unlike most Nigerians who are given to half measures, Dele Momodu writes so well and insists on having different fresh eyes to look at his works.

It was a sunny day in Lagos that I got a call from the Ovation publisher that I should stand by to do some work on a biography he was about to publish.

He warned me that I have only one day to do the work, and I replied him that I was raring to go because I love impossible challenges.

The manuscript of the biography hit my email in fast seconds, and before I could say Bob Dee a fat alert burst my spare bank account!

Being a ragged-trousered philanthropist, a la the title of Robert Tressel’s proletarian novel, I protested to Dele that it’s only beer money I needed but, kind and ever rendering soul that he is, he would not hear of it.

I went to Lagos Country Club, Ikeja and sacked my young brother, Vitus Akudinobi, from his office in the club so that I can concentrate fully on the work.

Many phone calls came my way, and I told my friends to go to my divine watering-hole to wait for me there and eat and drink all that they wanted because “money is not my problem!”

More calls came from my guys and their groupies asking for all makes of booze, isiewu, nkwobi and the assorted lots, and I asked them to continue to have a ball in my absence, that I would join them later to pick up the bill!

The many friends of the poor poet were astonished at the new-fangled wealth and confidence of the new member of the idle rich class!

It was a beautiful read that Dele Momodu had on offer, and by late evening I had read the entire book, and done some minor editing here and there.

It was then up to me to conclude the task by doing routine editing – or adding “style” as Tom Sawyer would tell his buddy Huckleberry Finn in the eponymous adventure books of Mark Twain.

I chose the style option, and I was indeed in my elements, enjoying all aspects of the book until it was getting to ten in the night, and my partying friends were frantically calling for my appearance.

I was totally satisfied with my effort such that I felt proud pressing the “Send” button on my laptop for onward transmission to Dele Momodu’s email.

I then rushed to the restaurant where my friends were waiting for me, and I had hardly settled down when one of Dele’s assistants called to say that there were some issues with the script I sent!

I had to perforce reopen up my computer in the bar, and I could not immediately fathom which of the saved copies happened to be the real deal.

One then remembered that there were tell-tale signs when the computer kept warning that I was putting too much on the clipboard or whatever.

It’s such a downer that after feeling so high that one had done the best possible work only to be left with the words of James Hadley Chase in The Sucker Punch: “It’s only when a guy gets full of confidence that he’s wide open for the sucker punch.”
Lesson learnt: keep it simple – even if you have been made to live above your means by Dele Momodu!

To end, how can a wannabe state agent and government apologist, a hired askari, hope to get me to write an article against a brother who has done me no harm whatsoever? Mba!

I admire Dele Momodu immensely for his courage of conviction to tell truth to power.