Saturday, May 16, 2009

'Settlement Blues' By Adesina Ogunlana

The story might not be true after all, but I have just finished reading it.
I have just finished reading a story about one Barrister Chima Ejekwolu, presently in the tangles of the law. According to the (newspaper) story, the counsel sent a mail to his client asking for some money to “settle” the EFCC which was treating a petition against alleged misappropriations of the funds of the clients of the lawyer.


The reaction of the client was not expected by the lawyer. What a ‘normal’ or do we say a ‘reasonable’ client would do in the face of such a request is (a) Accept and accede to the demand or (b) Refuse or and reject the demand or (c) accept the demand, but with modifications.

The normal client in category ‘A’ will be more than eager to supply the “settlement funds”. Such funds will actually get to the lawyer faster than his professional fees. As far as this client is concerned, Mr. lawyer is a “correct guy” a smart chap who knows his way about and can be relied upon to find solutions “sharp, sharp” to his problems. From my experience, at least 80% of clients will fall into this category.

Clients in category ‘B’, for any number of reasons, are not ‘settlement-compliant’. They quickly and openly express their disinterest in such “solution tactics” and only the most obdurate lawyer will like to press the point with them. Such ‘pure-heart’ clients cannot count for more than 2% of the community.

Clients in category ‘C’ are, of course, interested in settlement schemes. Like the people in category ‘A’, they believe and trust in the efficacy of ‘settlement’, the only problem is their rather lean-pocket. So they negotiate for a reduction in the quantum of the “sacrifice”. If they come to terms with counsel on this, the coast becomes clear. If negotiations fail however, well the scheme fails, becoming a case of the heart being willing but the pocket, unable!

About twenty percent of clients will fit into this category.
In the normal situation, the most difficult client, will only refuse to play along the settlement road and that would be all. Unfortunately in Ejekwolu’s case, the client was not normal. The gentleman not only refused to fund any settlement scheme but, went ahead to do the unthinkable-: reported the barrister to the very EFCC?

The rest, as they say, is history. Ejekwolu will soon be arraigned by the EFCC before a law court for allegedly trying to be a “correct guy”. I was not shocked at Ejekwolu client’s behaviour. The man is not from Nigeria or from West Africa or even from Africa. The man is a German. A German who obviously does not believe in the adage when in Rome, do as Romans do!

If indeed the allegation against Ejekwolu is true, you may not blame him too much. The route of “settlement” was the one tried by many of those senior wealthy and influential lawyers you see today in their various levels of “success” and “performance.”

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